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II
116TH CONGRESS
2D SESSION
S. 4402
To amend the Federal Water Pollution Control Act to clarify certain activities
that would have been authorized under Nationwide Permit 12 and other
Nationwide Permits, and for other purposes.
IN THE SENATE OF THE UNITED STATES
AUGUST 3, 2020
Mr. CORNYN (for himself, Mr. BARRASSO, Mrs. CAPITO, Mr. CRAMER, Mr.
CRUZ, Mr. DAINES, Mr. HOEVEN, Mr. INHOFE, Mr. LANKFORD, Ms.
MURKOWSKI, and Mr. TILLIS) 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 clarify
certain activities that would have been authorized under
Nationwide Permit 12 and other Nationwide Permits,
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. ACTIVITIES UNDER NATIONWIDE PERMIT 12
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AND OTHER NATIONWIDE PERMITS.
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Section 404(e) of the Federal Water Pollution Con-
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trol Act (33 U.S.C. 1344(e)) is amended by adding at the
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end the following:
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•S 4402 IS
‘‘(3) AUTHORIZED ACTIVITIES.—
1
‘‘(A) IN
GENERAL.—Subject to subpara-
2
graph (B) and notwithstanding the consultation
3
requirements under section 7 of the Endan-
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gered Species Act of 1973 (16 U.S.C. 1536),
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each activity authorized by the Secretary under
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the Nationwide Permits, as reissued in the final
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rule of the Secretary entitled ‘Issuance and
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Reissuance of Nationwide Permits’ (82 Fed.
9
Reg. 1860 (January 6, 2017)), and any subse-
10
quent reissuances of the Nationwide Permits,
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shall be considered authorized if—
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‘‘(i) the Secretary and the non-Fed-
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eral applicant seeking to carry out the ac-
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tivity comply with all other applicable Na-
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tionwide Permit requirements; and
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‘‘(ii) for activities for which the sub-
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mission of a pre-construction notification is
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required pursuant to general condition 18,
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as described in the final rule or any subse-
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quent reissuance of the Nationwide Per-
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mits, the Secretary—
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‘‘(I) makes a written determina-
23
tion that the activity will have no ef-
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fect on—
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•S 4402 IS
‘‘(aa) a species listed as a
1
threatened species or an endan-
2
gered species under section 4 of
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that Act (16 U.S.C. 1533); or
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‘‘(bb) land designated as a
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critical habitat under that Act
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(16 U.S.C. 1531 et seq.); or
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‘‘(II) documents that the Sec-
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retary relied on and incorporated all
9
applicable species- and activity-specific
10
conditions and measures determined
11
to be appropriate by the Secretary
12
from any consultation carried out
13
under section 7 of that Act (16
14
U.S.C. 1536).
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‘‘(B) TERMINATION.—The authority pro-
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vided under this paragraph terminates on
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March 18, 2026.’’.
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Æ
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