[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4162 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4162

To ensure that certain permit approvals by the Environmental Protection 
    Agency have the force and effect of law, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 18, 2024

    Mr. Rubio (for himself and Mr. Scott of Florida) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To ensure that certain permit approvals by the Environmental Protection 
    Agency have the force and effect of law, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Maintaining Cooperative Permitting 
Act of 2024''.

SEC. 2. STATE DISCHARGE OF DREDGED OR FILL MATERIAL PROGRAMS.

    (a) Withdrawal of Approval Without Congressional Authorization 
Prohibited.--
            (1) In general.--The permit programs described in paragraph 
        (2) are ratified, approved, and of full force and effect, and 
        the Administrator of the Environmental Protection Agency 
        (referred to in this section as the ``Administrator'') may not 
        withdraw the approval of those permit programs unless the 
        withdrawal is expressly authorized by an Act of Congress 
        enacted after the date of enactment of this Act.
            (2) Permit programs described.--The permit programs 
        referred to in paragraph (1) are the following State permit 
        programs for the discharge of dredged or fill material approved 
        under section 404 of the Federal Water Pollution Control Act 
        (33 U.S.C. 1344):
                    (A) The program of the State of Michigan, approved 
                in the notice of the Environmental Protection Agency 
                entitled ``Michigan Department of Natural Resources 
                Section 404 Permit Program Approval'' (49 Fed. Reg. 
                38947 (October 2, 1984)) and as described in section 
                233.70 of title 40, Code of Federal Regulations 
                (including any updates to the program described in a 
                successor Federal Register notice).
                    (B) The program of the State of New Jersey, 
                approved in the final rule and notice of the 
                Environmental Protection Agency entitled ``New Jersey 
                Department of Environmental Protection and Energy 
                Section 404 Permit Program Approval'' (59 Fed. Reg. 
                9933 (March 2, 1994)) and as described in section 
                233.71 of title 40, Code of Federal Regulations 
                (including any updates to the program described in a 
                successor Federal Register notice).
                    (C) The program of the State of Florida, as 
                described in the notice of the Environmental Protection 
                Agency entitled ``EPA's Approval of Florida's Clean 
                Water Act Section 404 Assumption Request'' (85 Fed. 
                Reg. 83553 (December 22, 2020)) (including any updates 
                to the program described in a successor Federal 
                Register notice), including the Programmatic Biological 
                Opinion with Incidental Take Statement associated with 
                the program.
            (3) Savings provision.--Nothing in this subsection 
        prohibits the Administrator, in accordance with section 404(i) 
        of the Federal Water Pollution Control Act (33 U.S.C. 1344(i)), 
        from withdrawing approval of a permit program described in 
        paragraph (2) if the Administrator determines that a State is 
        not administering the permit program as approved.
    (b) Clarification of Process.--Section 404(h) of the Federal Water 
Pollution Control Act (33 U.S.C. 1344(h)) is amended by adding at the 
end the following:
            ``(6) Not a rule or regulation.--The approval of a State 
        permit program under this section shall not be considered to be 
        a rule or regulation.''.
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