Transportation and Infrastructure Committee, Water Resources and Environment Subcommittee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
The "Maintaining Cooperative Permitting Act of 2025" aims to solidify the legal standing of certain state-administered permit programs for the discharge of dredged or fill material. It explicitly ratifies and approves the existing programs in Michigan, New Jersey, and Florida, ensuring they have the full force and effect of law. A key provision prohibits the Environmental Protection Agency (EPA) Administrator from withdrawing approval for these specific state programs unless expressly authorized by a subsequent Act of Congress. This measure prevents unilateral federal revocation of these established state permitting authorities. Furthermore, the bill mandates that if the EPA Administrator determines a new state program is comparable to the already approved Michigan, New Jersey, or Florida programs, the Administrator must approve it. Upon such approval and notification from the state, the Secretary of the Army must then suspend federal permit issuance for activities covered by the state's new program. For Florida specifically, a 90-day transition period is established where both federal and state authorities can issue permits. Finally, the Act amends the Federal Water Pollution Control Act to clarify that the approval of a state permit program is explicitly not considered a rule or regulation .
The "Maintaining Cooperative Permitting Act of 2025" aims to solidify the legal standing of certain state-administered permit programs for the discharge of dredged or fill material. It explicitly ratifies and approves the existing programs in Michigan, New Jersey, and Florida, ensuring they have the full force and effect of law. A key provision prohibits the Environmental Protection Agency (EPA) Administrator from withdrawing approval for these specific state programs unless expressly authorized by a subsequent Act of Congress. This measure prevents unilateral federal revocation of these established state permitting authorities. Furthermore, the bill mandates that if the EPA Administrator determines a new state program is comparable to the already approved Michigan, New Jersey, or Florida programs, the Administrator must approve it. Upon such approval and notification from the state, the Secretary of the Army must then suspend federal permit issuance for activities covered by the state's new program. For Florida specifically, a 90-day transition period is established where both federal and state authorities can issue permits. Finally, the Act amends the Federal Water Pollution Control Act to clarify that the approval of a state permit program is explicitly not considered a rule or regulation .