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119-s-4755119th CongressWALLET

DEEP Act

Sponsored By: Senator Lee, Mike [R-UT]

Introduced

Summary

A new nationwide dredging permit for ports and navigation channels. This bill would create a Clean Water Act nationwide permit for dredging projects in navigable waters and set firm timelines, NEPA limits, and feasibility standards for approvals and mitigation.

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  • Ports and project sponsors: Would get a single permit path for Federal and non‑Federal dredging with the permit valid up to 10 years. The Army must approve or deny a complete project notice within 30 days or the activity is deemed in compliance.
  • State water quality agencies: Must decide within 14 days whether a Clean Water Act §401 certification application is complete or the application is deemed complete. If complete, the state has a reasonable period not to exceed 1 year to act and may not require refiling of the same activity.
  • Federal reviews and legal changes: The bill requires a consolidated NEPA process with not more than one environmental impact statement and one record of decision and targets completion within 2 years of proposing the permit and final issuance within 60 days after NEPA. The EPA may consult on disposal sites but may not bar disposal determinations or enforce against permittees who follow the permit. The bill treats Clean Water Act §404 compliance as permission under the Rivers and Harbors Act and removes dredged material from certain federal transportation rules, including repeal of 46 U.S.C. 55109.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Faster nationwide dredging permits

If enacted, the bill would require the Army Secretary to propose a nationwide dredging permit within 60 days. Agencies would finish NEPA work for that permit within 2 years. They could produce no more than one EIS, one ROD, and, if needed, one EA. The final permit would have to issue within 60 days after NEPA ends and could last up to 10 years. Permit applicants would get quicker reviews: the Corps must check completeness in 14 days. If incomplete, it must list missing items within 14 days. For complete notices, the Corps must approve or deny in 30 days. If the Corps denies a project, it must give written reasons and a fix list within 14 days. If agencies miss these deadlines, the activity would be treated as in compliance with the permit. States would determine 401 certification completeness in 14 days and must act on complete applications within one year. Division Engineers could require mitigation only if it is technologically and economically feasible. If mitigation can avoid significant environmental effects, engineers would require such mitigation. This would avoid denying projects or forcing a separate NEPA review for each activity. The permit would apply to dredging projects in U.S. navigable waters, including deepening up to 60 feet.

Changes to dredged material rules

If enacted, the bill would repeal 46 U.S.C. §55109. It would also change transportation rules to exclude dredged material from the section that governs moving 'valueless material.' Together, these changes would alter legal rules for moving and handling dredged material. They would reduce some compliance steps for ports and contractors.

Sponsors & CoSponsors

Sponsor

Lee, Mike [R-UT]

UT • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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