II 116TH CONGRESS 1ST SESSION S. 1050 To amend the Federal Water Pollution Control Act to increase the ability of a State to administer a permit program under that Act, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 4, 2019 Mr. CORNYN (for himself, Mr. SULLIVAN, Mr. CRUZ, Ms. MURKOWSKI, and Mrs. FISCHER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to in- crease the ability of a State to administer a permit program under that Act, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. STATE ADMINISTRATION OF CERTAIN PERMITS 3 UNDER FEDERAL WATER POLLUTION CON- 4 TROL ACT. 5 Section 404(g) of the Federal Water Pollution Con- 6 trol Act (33 U.S.C. 1344(g)) is amended— 7 VerDate Sep 11 2014 00:02 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1050.IS S1050 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1050 IS (1) in paragraph (1), in the second sentence, by 1 striking ‘‘In addition, such State’’ and inserting the 2 following: 3 ‘‘(B) REQUIREMENT.—In submitting a 4 proposal to the Administrator under subpara- 5 graph (A), the State’’; 6 (2) by striking the subsection designation and 7 all that follows through ‘‘The Governor’’ in the first 8 sentence of paragraph (1) and inserting the fol- 9 lowing: 10 ‘‘(g) STATE ADMINISTRATION.— 11 ‘‘(1) STATE PERMIT PROGRAM.— 12 ‘‘(A) IN GENERAL.—The Governor’’; and 13 (3) in paragraph (1), by adding at the end the 14 following: 15 ‘‘(C) APPLICATIONS BY CERTAIN STATE 16 DEPARTMENTS OF TRANSPORTATION.— 17 ‘‘(i) IN GENERAL.—A State depart- 18 ment of transportation that has assumed 19 the responsibilities of the Secretary of 20 Transportation under the National Envi- 21 ronmental Policy Act of 1969 (42 U.S.C. 22 4321 et seq.) under the surface transpor- 23 tation project delivery program under sec- 24 tion 327 of title 23, United States Code, 25 VerDate Sep 11 2014 00:02 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1050.IS S1050 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1050 IS may apply to the Administrator to admin- 1 ister an individual and general permit pro- 2 gram under subparagraph (A) with respect 3 to highway projects subject to that as- 4 sumption of responsibility. 5 ‘‘(ii) TREATMENT.—For the purpose 6 of this subsection, a reference to a State 7 shall be deemed to include a State depart- 8 ment of transportation described in clause 9 (i).’’. 10 Æ VerDate Sep 11 2014 00:02 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1050.IS S1050 pamtmann on DSKBFK8HB2PROD with BILLS