[Congressional Record Volume 161, Number 122 (Thursday, July 30, 2015)]
[Senate]
[Page S6191]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KAINE (for himself and Mr. Warner):
  S. 1914. A bill to amend the Federal Water Pollution Control Act with 
respect to the guidelines for specification of certain disposal sites 
for dredged or fill material; to the Committee on Environment and 
Public Works.
  Mr. KAINE. Mr. President, today, I am pleased to join my bipartisan 
Virginia colleagues Senator Mark Warner and Congressmen Robert Hurt and 
Morgan Griffith in introducing the Commonsense Permitting for Job 
Creation Act of 2015, a bipartisan, bicameral piece of legislation to 
address an aspect of water permitting law that has touched several 
economic development projects in Virginia.
  Southern Virginia has seen great economic challenges in recent years 
due to the overall economic downturn compounded by fundamental changes 
to the region's traditional industries such as manufacturing, textiles, 
and tobacco. Throughout this region there are several business park 
sites that could be developed to accommodate one or multiple 
manufacturing operations. County economic development authorities have 
worked to secure all necessary permits and authorities to develop these 
sites but have encountered an issue pertaining to Clean Water Act 
Section 404 permits.
  Several of these counties have had difficulty securing approval from 
the U.S. Army Corps of Engineers for 404 permits because the Corps is 
reluctant to issue a permit without a company that has committed to the 
site and prepared detailed development blueprints. In speaking to 
potential companies, county officials have heard that it is difficult 
for a company to commit to a site without assurance that all government 
permits are secured. This has created a ``chicken and egg'' conundrum--
a company will not relocate to the site without an approved permit, but 
a permit cannot be approved without a company willing to relocate.
  This legislation simply addresses that regulatory ambiguity by 
specifying that the lack of a committed end-user shall not be the sole 
reason to deny a Corps permit that meets all other legal requirements 
under Section 404.
  I believe Federal, State, and local stakeholders can work in good 
faith to follow all laws protecting our water resources, while taking 
reasonable steps to make it easier to pursue economic development 
opportunities in economically distressed communities. My colleagues and 
I introduced a version of this bill in the previous Congress, and we 
were pleased to help speed the process that led to the approval of a 
permit for the Commonwealth Crossing Business Center in Henry County, 
VA, last year.
  I am optimistic that this bill will help expedite approval of 
important economic development projects in a manner that is acceptable 
to all stakeholders. We are proud to be able to work across the aisle 
and with state and local officials on this commonsense, bipartisan 
solution.

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