Nationwide Permitting Improvement Act
This bill revises the permit process for discharging dredged or fill material into waters of the United States under the Clean Water Act.
Under the existing act, two types of discharge permits may be issued: general permits or individual permits. General permits may be issued on a state, regional, or nationwide basis for categories of activities involving discharges of dredged or fill material that are similar in nature even though the discharges may be from multiple dischargers. General permits may include activities that cause only minimal adverse environmental effects. Individual permits may be issued for more significant activities.
This bill directs the U.S. Corps of Engineers—when determining whether the environmental effects of a category of activities are minimal and whether to issue or revoke general permits—to consider only the effects of the discharges of dredged or fill material from such activities.
Next, the bill extends the maximum term for a general permit from a period of 5 years to 10 years.
The bill also directs the Corps of Engineers to maintain a nationwide general permit for certain linear infrastructure projects (e.g., oil or gas pipelines) that do not result in the loss of greater than half an acre of waters of the United States for each single and complete project. Additionally, the bill exempts the Corps of Engineers from certain consultation and environmental review requirements when reissuing nationwide general permits. Finally, the bill prohibits the Corps of Engineers from finalizing or implementing certain modifications to such permits.