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119-s-5588119th Congress

Ecological Restoration Project Permitting Act of 2026

Sponsored By: Senator Boozman, John [R-AR]

Introduced

Summary

This bill would create a _streamlined Ecological Restoration Permit (ERP) framework_ to speed approval of projects that restore habitat and produce net increases in ecosystem functions and services. It sets standard documentation, deadlines, and interagency coordination to move restoration projects faster and track outcomes.

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  • Non‑Federal sponsors must submit a preconstruction notification with baseline habitat data, a habitat map, project overlays, and objectives. A District Engineer must check completeness within 30 days and issue final verification within 45 days or the project is deemed subject to the ERP, but projects may not begin until required consultations like Endangered Species Act reviews are finished.
  • Federal agencies submit a summary report and must wait 30 days before starting. The District Engineer will presume another Federal agency has verified the project for ERP purposes to reduce duplicative review.
  • The ERP would authorize discharges of dredged or fill material and both nature‑based and engineered restoration components integral to the project, such as dikes, berms, water‑level controls, levee modifications, excavation, bank stabilization, and road‑stream crossing replacements, provided the primary purpose is ecological restoration and the project yields net habitat gains. The permit excludes permanent vehicle access or permanent trails in waters and bans persistent or long‑lasting chemicals like PFAS and PCBs.

The bill would also require interagency agreements to coordinate reviews and annual public and congressional reports on ERP use, project outcomes, and compliance.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

What projects the new permit allows

This bill would create a single ecological restoration permit for projects that increase habitat functions and services. It would allow engineering and construction features integral to restoration. Examples include dikes, berms, levee changes, excavation, bank stabilization, and stream crossing replacements. It would allow temporary access routes, work pads, and cofferdams only if described, removed after use, and the land restored. The permit would not cover projects that apply persistent chemicals, and it would not cover new permanent vehicle routes or trails in U.S. waters. The permit would only authorize activities specifically described in the project documents.

Agency coordination and low-risk reviews

This bill would require the Secretary to make coordination agreements with EPA, Interior, Commerce, Agriculture, CEQ, and the historic preservation chair within one year. The agreements would set shared steps, contact points, and schedules for ESA, NEPA, and other reviews to avoid duplicate information requests. The Secretary could also create a low‑risk project category with simplified paperwork for projects that pose little risk to listed species or historic properties.

Environmental laws and species protections

This bill would not waive or change requirements under the Endangered Species Act, the National Historic Preservation Act, or NEPA. It would not allow harm to listed species without separate legal authorization. Protections under the Marine Mammal Protection Act and the Migratory Bird Treaty Act would also remain in place.

Deadlines and review rules for sponsors

This bill would require non‑Federal sponsors to send a detailed preconstruction notice to the District Engineer. The Engineer would have 30 days to say if the notice is complete. After a complete notice, the Engineer would have 45 days to verify whether the project fits the permit. If the Engineer does not act in 45 days, the project would be considered covered. A Federal sponsor would send a summary report and could not begin work until 30 days after submission.

Permit length and enforcement rules

This bill would set the ecological restoration permit term at 10 years. The Secretary could reissue or extend the permit. Work verified in writing before the permit expires would remain authorized, including necessary maintenance, monitoring, and reporting tied to the verification. The Secretary would also have to use standard section 404 procedures to suspend, modify, or revoke verifications when needed.

Sponsors & CoSponsors

Sponsor

Boozman, John [R-AR]

AR • R

Cosponsors

  • Sen. Alsobrooks, Angela D. [D-MD]

    MD • D

    Sponsored 9/29/2026

  • Sen. Armstrong, Alan [R-OK]

    OK • R

    Sponsored 9/29/2026

  • Sen. Blunt Rochester, Lisa [D-DE]

    DE • D

    Sponsored 9/29/2026

Roll Call Votes

No roll call votes available for this bill.

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