WATER Act of 2025
Sponsored By: Senator Sen. Husted, Jon [R-OH]
Introduced
Summary
Gives states the option to take over Clean Water Act section 404 permitting for certain highway, railroad, and public transit projects. The bill would create a joint program run by the Army Corps of Engineers and the Environmental Protection Agency that lets a State assume federal 404 discharge permitting and related environmental review duties for one or more covered transportation projects, subject to limits, oversight, and enforceable agreements.
Show full summary
- States and state transportation agencies: A State could apply to assume section 404 responsibilities for covered projects and, where needed, limited Rivers and Harbors Act authority. Applications must show financial and technical capacity and agreements last up to 5 years or up to 10 years for experienced States.
- Local governments and project sponsors: Local projects can ask the State to exercise authority or get state guidance to reduce duplicative NEPA and comparable state reviews and paperwork.
- Federal oversight and public transparency: The Secretary keeps enforcement power and must vet applications. States must publish notice at least 30 days before applying and the program allows early audits that are public and initially limited to 2 audits in the first 4 years.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 0 costs, 2 mixed.
States may take federal water permits
If enacted, the bill would create a program letting States assume some federal Clean Water Act section 404 permitting and related reviews for highway, railroad, and public transit projects. The program would be set up within 60 days and States would apply under rules the Secretary must issue within 270 days. Any agreement would be signed by the Governor or top transport official and last up to 5 years (up to 10 years for certain long‑participating States). Participation would be voluntary and limited to projects the State lists. The bill would not remove other federal agencies' authority over covered projects.
Federal highway funds can pay legal fees
If enacted, a State that assumes duties for a covered project would be able to use funds apportioned under 23 U.S.C. 104(b)(2) to pay attorneys' fees tied to that project, including fees awarded under 28 U.S.C. 2412. The bill would also treat an assigned State agency as an "agency" for purposes of fee awards under 28 U.S.C. 2412. This could reduce legal cost burdens for States and project sponsors.
State help for local transport projects
If enacted, a State that has assumed duties could, at its choice and when a local government asks, use its authority for a locally administered project or give guidance and training to reduce duplicate NEPA and State paperwork. This would be optional and would not force States to act for local governments.
State oversight, audits, and liability
If enacted, the bill would require audits, monitoring, and corrective steps for States that assume duties. The Secretary must meet the State within 180 days and may do no more than two audits in the first four years. Each audit must finish within 180 days, allow public comment, and get a written response within 60 days. The Secretary may terminate participation after giving notice and at least 120 days to correct problems. A State may quit with 90 days' notice. U.S. district courts would have exclusive jurisdiction over civil suits for a State's failure to carry out assumed duties, and those suits would follow the same standards as suits against the Secretary.
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Sponsors & CoSponsors
Sponsor
Sen. Husted, Jon [R-OH]
OH • R
Cosponsors
Sen. Ricketts, Pete [R-NE]
NE • R
Sponsored 12/3/2025
Roll Call Votes
No roll call votes available for this bill.
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