Maintaining Cooperative Permitting Act of 2025
Sponsored By: Senator Moody, Ashley [R-FL]
Introduced
Summary
Preserve state 404 permit approvals. This bill would prevent the EPA Administrator from withdrawing approval of specified state Clean Water Act Section 404 programs and would create a limited transition and comparability pathway for Florida.
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- States (Michigan, New Jersey, Florida): Would lock in the listed state 404 program approvals unless Congress later enacts a law that expressly authorizes withdrawal. Florida’s protection explicitly includes its Programmatic Biological Opinion and Incidental Take Statement.
- Federal agencies: Would require EPA to apply the statutory comparability review for any submitted comparable program and to notify the Secretary of the Army and the state. After notification and the state’s commencement, the Secretary would suspend federal permits under Sections 404(a) and 404(e) for activities the state could permit.
- Permit applicants and project planners in Florida: Would get a 90-day transition window during which the Secretary of the Army and Florida may issue permits under Florida’s 404 program into navigable waters within Florida’s jurisdiction.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 1 benefits, 0 costs, 1 mixed.
Protects state wetland permit approvals
If enacted, the bill would confirm that Michigan, New Jersey, and Florida may keep their wetland permit programs. EPA could not withdraw those approvals unless Congress later passes a law that expressly allows it. The bill would also say EPA approvals of State programs are not rules or regulations.
State control of wetland permits
If enacted, the bill would require EPA to decide if a State program submitted under the Clean Water Act is comparable to the listed programs and then notify the Army for suspension of federal permits once the State runs the program. If the State starts administering the approved comparable program, the Army Corps must stop issuing federal permits for activities the State can permit. Also, for 90 days after enactment, both the Army Corps and Florida could issue the same Section 404 permits in Florida.
Sponsors & CoSponsors
Sponsor
Moody, Ashley [R-FL]
FL • R
Cosponsors
Sen. Scott, Rick [R-FL]
FL • R
Sponsored 3/13/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov