HR3927-119

1. Short title This Act may be cited as the Nationwide Permitting Improvement Act.

2. Nationwide permitting improvement Section 404(e) of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended— by striking (e)(1) In carrying and inserting the following: In carrying in paragraph (2)— by striking (2) No general and inserting the following: No general by striking five years and inserting ten years; and by adding at the end the following: In determining the environmental effects of an activity under paragraph (1) or (2), the Secretary— shall consider only the effects of any discharge of dredged or fill material resulting from such activity; and shall consider any effects of a discharge of dredged or fill material into less than 3 acres of navigable waters to be a minimal adverse environmental effect. Notwithstanding any other provision of this section, the Secretary shall maintain general permits on a nationwide basis for linear infrastructure projects that result in a discharge of dredged or fill material into less than 3 acres of navigable waters for each single and complete project (as defined in section 330.2 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this paragraph)). In this paragraph, the term linear infrastructure project means a project to carry out any activity required for the construction, expansion, maintenance, modification, or removal of infrastructure and associated facilities for the transmission from a point of origin to a terminal point of communications or electricity, or for the transportation from a point of origin to a terminal point of people, water, wastewater, carbon dioxide, or fuel or hydrocarbons (in the form of a liquid, liquescent, gaseous, or slurry substance or supercritical fluid), including oil and gas pipeline facilities. In determining whether to reissue a general permit issued under this subsection on a nationwide basis— no consultation with an applicable State pursuant to section 6(a) of the Endangered Species Act of 1973 (16 U.S.C. 1535(a)) is required; no consultation with a Federal agency pursuant to section 7(a)(2) of such Act (16 U.S.C. 1536(a)(2)) is required; and the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall be satisfied by preparing an environmental assessment with respect to such general permit. The Secretary of the Army, acting through the Chief of Engineers, shall expeditiously revise the regulations applicable to carrying out section 404(e) of the Federal Water Pollution Control Act (33 U.S.C. 1344) in order to streamline the processes for issuing general permits under such section to promote efficient and consistent implementation of such section. In carrying out section 404(e) of the Federal Water Pollution Control Act (33 U.S.C. 1344), including in revising regulations under subsection (b) of this section, the Secretary of the Army, acting through the Chief of Engineers, may not finalize or implement any modification to— general condition 15 (relating to single and complete projects), as included in the final rule titled Reissuance and Modification of Nationwide Permits and published on January 13, 2021, by the Department of the Army, Corps of Engineers (86 Fed. Reg. 2868); the definition of the term single and complete linear project, as included in such final rule (86 Fed. Reg. 2877); or the definition of the term single and complete project, as included in section 330.2 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act). (e)General permits on state, regional, or nationwide basis (1)Permits authorizedIn carrying; (2)TermNo general; and (3)ConsiderationsIn determining the environmental effects of an activity under paragraph (1) or (2), the Secretary— (A)shall consider only the effects of any discharge of dredged or fill material resulting from such activity; and (B)shall consider any effects of a discharge of dredged or fill material into less than 3 acres of navigable waters to be a minimal adverse environmental effect. (4)Nationwide permits for linear infrastructure projects (A)In generalNotwithstanding any other provision of this section, the Secretary shall maintain general permits on a nationwide basis for linear infrastructure projects that result in a discharge of dredged or fill material into less than 3 acres of navigable waters for each single and complete project (as defined in section 330.2 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this paragraph)). (B)Definition of linear infrastructure projectIn this paragraph, the term linear infrastructure project means a project to carry out any activity required for the construction, expansion, maintenance, modification, or removal of infrastructure and associated facilities for the transmission from a point of origin to a terminal point of communications or electricity, or for the transportation from a point of origin to a terminal point of people, water, wastewater, carbon dioxide, or fuel or hydrocarbons (in the form of a liquid, liquescent, gaseous, or slurry substance or supercritical fluid), including oil and gas pipeline facilities. (5)Reissuance of nationwide permitsIn determining whether to reissue a general permit issued under this subsection on a nationwide basis— (A)no consultation with an applicable State pursuant to section 6(a) of the Endangered Species Act of 1973 (16 U.S.C. 1535(a)) is required; (B)no consultation with a Federal agency pursuant to section 7(a)(2) of such Act (16 U.S.C. 1536(a)(2)) is required; and (C)the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall be satisfied by preparing an environmental assessment with respect to such general permit. .