Restore Florida Water Independence Act of 2026
Sponsored By: Representative Donalds, Byron [R-FL-19]
Introduced
Summary
Makes compliance with a specific Fish and Wildlife Service programmatic Biological Opinion count as compliance with the Endangered Species Act. This bill would treat the programmatic Biological Opinion tied to EPA’s approval of Florida’s assumption of the Clean Water Act Section 404 dredge-and-fill permitting program as satisfying ESA Section 7(a) consultation for that defined "Agency Action."
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- Florida regulators: Would be able to rely on the named programmatic Biological Opinion and its incidental take statement when running the state 404 permit program, removing the need for separate ESA Section 7(a) consultations for the Agency Action.
- Permit applicants: Would face fewer additional federal ESA consultations for dredge-and-fill permits covered by the Agency Action because ESA compliance is tied to the specified Biological Opinion.
- Federal wildlife oversight: The bill would limit new Section 7 consultations for the Agency Action by anchoring ESA review to the referenced programmatic Biological Opinion.
- Endangered species protections: ESA protections for activities under the Agency Action would be defined by the scope and incidental take statement in that programmatic Biological Opinion.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Faster Florida dredge-and-fill permits
This bill would treat the Fish and Wildlife Service's November 17, 2020 programmatic Biological Opinion (FWS Log #: 04E00000-2021-F-0001; 04E00000-2021-B-0001) as meeting the Endangered Species Act for the EPA action. That EPA action is the Administrator's approval of Florida's request to assume the Clean Water Act section 404 permit program (EPA notice Dec. 22, 2020; 85 Fed. Reg. 83553). The bill would say EPA does not need any additional consultation under ESA section 7(a) for that defined action. That would remove extra ESA review steps and would likely speed Section 404 permitting and lower compliance burdens for Florida permit applicants and project proponents.
Sponsors & CoSponsors
Sponsor
Donalds, Byron [R-FL-19]
FL • R
Cosponsors
Rep. Mast, Brian J. [R-FL-21]
FL • R
Sponsored 5/22/2026
Rep. Moskowitz, Jared [D-FL-23]
FL • D
Sponsored 5/22/2026
Rep. Haridopolos, Mike [R-FL-8]
FL • R
Sponsored 5/22/2026
Rep. Buchanan, Vern [R-FL-16]
FL • R
Sponsored 5/22/2026
Rep. Steube, W. Gregory [R-FL-17]
FL • R
Sponsored 6/3/2026
Rep. Bilirakis, Gus M. [R-FL-12]
FL • R
Sponsored 6/4/2026
Lee (FL)
FL • R
Sponsored 6/8/2026
Rep. Webster, Daniel [R-FL-11]
FL • R
Sponsored 6/18/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov