WATER Act of 2025

The Water Authority and Timely Environmental Review Act of 2025 establishes the Waterway Permit Section 404 Assignment program, enabling states to assume federal responsibilities for permitting certain infrastructure projects. This program allows the Secretary of the Army, in agreement with the Environmental Protection Agency and a state, to assign permitting duties for highway, railroad, and public transportation projects . The initiative aims to streamline environmental reviews and accelerate project delivery for these critical "covered projects" by decentralizing federal functions. Under this program, states can assume responsibilities related to Section 404 of the Federal Water Pollution Control Act (Clean Water Act) and, for covered projects, Section 10 of the Rivers and Harbors Act of 1899. This includes conducting environmental reviews under the National Environmental Policy Act (NEPA) and fulfilling consultation requirements under the Endangered Species Act (ESA). To participate, a state must enter a written agreement, demonstrate its capability, and agree to federal court jurisdiction for compliance with assumed duties. Once responsibilities are assumed, the state becomes solely accountable and liable, adhering to the same procedural and substantive requirements as the federal government. The Secretary will conduct regular audits and monitoring to ensure compliance, with provisions for public comment on audit findings. States can utilize federal highway funds for legal fees directly attributable to these assumed duties, and the program includes mechanisms for both federal and state termination of participation, ensuring accountability and flexibility in its administration.