,i  #aahth ,,congress  #ast ,session    
,h4 ,r4 #fgjh  ,,in ,,the ,,house ,,of  
,,representatives  ,december #aa1       
#bjbc,mr4 ,moylan introduced the        
following bill2 which was referred to   
the ,committee on ,transportation and   
,infrastructure  ,a ,,bill  ,to require 
the ,secretary of the ,army1 acting     
through the ,chief of ,engineers1 to    
propose a new nationwide permit under   
the ,federal ,water ,pollution ,control 
,act for dredging projects1 and for     
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,dredging to   
,ensure the ,empowerment of ,ports ,act 
or the ,,deep ,act4  #b4 ,definitions   
,in this ,act3 7#a7 ,certifying         
authority ,the term certifying          
authority1 with respect to an activity  
for which a certification is required   
under section #dja of the ,federal      
,water ,pollution ,control ,act 7#cc    
,u4,s4,c4 #acda7 from a ,state or       
interstate water pollution control      
agency1 means the ,state or interstate  

water pollution control agency1 as      
applicable1 from which the certification
 is requested4  7#b7 ,dredging project  
7,a7 ,in general ,the term dredging     
project means a project permitted or    
solicited by the ,secretary that        
involves the dredging of a port or a    
navigation channel of a port within the 
navigable waters of the ,united ,states4
  7,b7 ,dredging of ports ,for purposes 
of subparagraph 7,a71 a dredging project
 that involves the dredging of a port   
includes dredging for the purposes of-- 
7i7 maintaining the port2  7ii7         
expanding the port2 or  7iii7 deepening 
the port up to a depth of #fj feet4     
7#c7 ,navigable waters of the ,united   
,states ,the term navigable waters of   
the ,united ,states has the meaning     
given the term in section #baja of title
 #df1 ,united ,states ,code4  7#d7 ,,nwp
 ,the term ,,nwp means the new          
nationwide permit required to be        
proposed by the ,secretary under section
 #c7;a74  7#e7 ,permittee ,the term     

permittee means an individual or entity 
that proposes an activity under section 
#d7;a77#a7 to be carried out under the  
,,nwp4  7#f7 ,secretary ,the term       
,secretary means the ,secretary of the  
,army1 acting through the ,chief of     
,engineers4  #c4 ,dredging project      
nationwide permit  7a7 ,proposal  7#a7  
,in general ,not later than #fj days    
after the date of enactment of this     
,act1 the ,secretary shall propose a new
 nationwide permit under section        
#djd7;e7 of the ,federal ,water         
,pollution ,control ,act 7#cc ,u4,s4,c4 
#acdd7;e77 relating to ,federal and     
non-,federal dredging projects within   
the navigable waters of the ,united     
,states4  7#b7 ,requirement ,in         
proposing the ,,nwp under paragraph     
7#a71 the ,secretary shall require each 
,division ,engineer to propose regional 
conditions for inclusion in the ,,nwp4  
7b7 ,duration ,notwithstanding section  
#djd7;e77#b7 of the ,federal ,water     
,pollution ,control ,act 7#cc ,u4,s4,c4 

#acdd7;e77#b771 the ,,nwp shall be valid
 for a term of not more than #aj years4 
7c7 ,,nepa  7#a7 ,in general ,in        
carrying out the requirements of the    
,national ,environmental ,policy ,act of
 #aifi 7#db ,u4,s4,c4 #dcba et seq47    
with respect to the issuing of the      
,,nwp1 the ,secretary or a cooperating  
agency1 as applicable-- 7,a7 shall-- 7i7
 complete the requirements under that   
,act for the ,,nwp not later than #b    
years after the date on which the       
,secretary proposes the ,,nwp under     
subsection 7a72  7ii7 subject to        
paragraph 7#b71 ensure that there is    
produced1 with respect to the ,,nwp1 not
 more than #a-- 7,i7 environmental      
impact statement2  7,,ii7 record of     
decision2 and  7,,iii7 if necessary1    
environmental assessment2 and  7iii7    
consider mitigation standards and       
metrics1 including standards and metrics
 other than just compensation1 to ensure
 that the impacts of the ,,nwp on the   
environment are minimal2 and  7,b7 shall

 not consider-- 7i7 an alternative or   
condition of the ,,nwp if it is not     
technically or economically feasible to 
permittees2 and  7ii7 an alternative to 
the ,,nwp that is not within the        
jurisdiction of the ,secretary or the   
cooperating agency1 as applicable4  7#b7
 ,division ,engineers ,each ,division   
,engineer that proposes regional        
conditions for inclusion in the ,,nwp   
under subsection 7a77#b7 may prepare not
 more than #a environmental document    
required under the ,national            
,environmental ,policy ,act of #aifi    
7#db ,u4,s4,c4 #dcba et seq474  7#c7    
,final ,,nwp ,the ,secretary shall issue
 the final ,,nwp not later than #fj days
 after the date on which the ,secretary 
completes the requirements with respect 
to the ,national ,environmental ,policy 
,act of #aifi 7#db ,u4,s4,c4 #dcba et   
seq47 under paragraph 7#a74  7d7 ,state 
or interstate water pollution control   
agency certifications  7#a7             
,certification required  7,a7 ,in       

general ,if1 in developing the ,,nwp1   
the ,secretary is required to seek a    
water quality certification from a      
certifying authority under section #dja 
of the ,federal ,water ,pollution       
,control ,act 7#cc ,u4,s4,c4 #acda71 the
 certifying authority shall1 within a   
reasonable period of time 7which shall  
not exceed #ad days7 after the date on  
which the ,secretary submits the        
certification application pursuant to   
that section1 make a determination on   
whether or not the application submitted
 by the ,secretary is complete4  7,b7   
,no response ,if a certifying authority 
fails or refuses to make a determination
 with respect to a certification        
application submitted pursuant to       
subparagraph 7,a7 within the timeframe  
referred to in that subparagraph1 the   
certification shall be considered to be 
complete4  7#b7 ,incomplete application 
,if a certifying authority determines   
that an application referred to in      
paragraph 7#a7 is incomplete1 the       

certifying authority shall1 not later   
than #ad days after that determination1 
issue to the ,secretary a detailed list 
of items required in order for an       
application to be considered complete4  
7#c7 ,complete application  7,a7 ,in    
general ,if a certifying authority      
determines that an application referred 
to in paragraph 7#a7 is complete1 the   
certifying authority shall1             
notwithstanding section #dja7;a77#a7 of 
the ,federal ,water ,pollution ,control 
,act 7#cc ,u4,s4,c4 #acda7;a77#a771 act 
on the application within a reasonable  
period of time1 which may not exceed #a 
year from the date on which the         
certifying authority determines the     
application is complete4  7,b7 ,no      
re-filing ,if a certifying authority    
determines that an application submitted
 by the ,secretary is complete1 the     
certifying authority may not require the
 ,secretary to re-file an application   
for the same proposed activity4  7e7    
,permits for dredged or filled material 

7#a7 ,in general ,in carrying out the   
requirements under section #djd of the  
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #acdd7 with respect to  
activities carried out under the ,,nwp1 
the ,secretary shall only issue         
guidelines that are technologically and 
economically feasible for a permittee4  
7#b7 ,certain disposal sites            
,notwithstanding section #djd7;c7 of the
 ,federal ,water ,pollution ,control    
,act 7#cc ,u4,s4,c4 #acdd7;c771 the     
,administrator of the ,environmental    
,protection ,agency may consult with the
 ,secretary on a defined disposal site  
or the application of guidelines1 but   
may not-- 7,a7 prohibit the disposal    
site determination made by the          
,secretary2 or  7,b7 exercise any       
enforcement authority for a             
determination made by the ,secretary1 or
 against a permittee1 in compliance with
 the ,,nwp4  7f7 ,grant of permission   
,for purposes of the ,,nwp1 full        
compliance with section #djd of the     

,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #acdd7 shall be deemed  
to be a grant of permission under       
section #ad7;a7 of the ,act of ,march   
#c1 #ahii 7commonly known as the ,rivers
 and ,harbors ,act of #ahii7 7#cj ,stat4
 #aaeb1 chapter #dbe2 #cc ,u4,s4,c4     
#djh7;a774  7g7 ,rule of construction   
,nothing in this ,act requires an       
additional permit under section #aj of  
the ,act of ,march #c1 #ahii 7commonly  
known as the ,rivers and ,harbors ,act  
of #ahii7 7#cj ,stat4 #aaea1 chapter    
#dbe2 #cc ,u4,s4,c4 #djc74  #d4         
,proposed activities under the          
nationwide permit  7a7 ,authorized      
activities  7#a7 ,in general ,if a      
permittee seeks to carry out an activity
 authorized under the ,,nwp1 the        
permittee shall-- 7,a7 notify the       
,secretary of that proposed activity2   
and  7,b7 seek approval1 in writing1    
from the ,secretary that the proposed   
activity complies with the ,,nwp4  7#b7 
,decision ,not later than #ad days after

 the date on which the ,secretary       
receives a written notification from a  
permittee under paragraph 7#a71 the     
,secretary shall notify the permittee   
whether or not the application of the   
permittee is complete4  7#c7 ,incomplete
 application ,if the ,secretary         
determines that an application submitted
 by a permittee under paragraph 7#a7 is 
incomplete1 the ,secretary shall1 not   
later than #ad days after that          
determination1 provide to the permittee 
a list of information missing from that 
application in order for the application
 to be considered complete4  7#d7       
,complete application  7,a7 ,in general 
,if the ,secretary determines that an   
application submitted by a permittee    
under paragraph 7#a7 is complete1 the   
,secretary shall1 not later than #cj    
days after that determination1 approve  
or deny the proposed activity of the    
permittee4  7,b7 ,denied proposed       
activities ,if the ,secretary denies the
 proposed activity of the permittee     

under subparagraph 7,a71 the ,secretary 
shall1 not later than #ad days after    
that denial1 provide to the permittee1  
in writing-- 7i7 a list of reasons for  
that determination2 and  7ii7           
recommendations on how to improve the   
proposed activity to be in compliance   
with the ,,nwp4  7#e7 ,no response ,if  
the ,secretary does not comply with a   
deadline described in paragraph 7#b71   
7#c71 or 7#d71 or fails to respond to an
 application submitted by a permittee1  
the proposed activity of the permittee1 
as described in that application1 shall 
be deemed in compliance with the ,,nwp4 
7#f7 ,mitigation flexibility ,in        
considering mitigation-specific         
requirements for a proposed activity for
 which approval is sought under         
subsection 7a77#a71 the ,secretary1     
acting through the applicable ,division 
,engineer1 shall have the flexibility to
 determine which mitigation is needed   
with respect to the proposed activity1  
on the condition that each mitigation   

requirement is-- 7,a7 technically and   
economically feasible2 and  7,b7 within 
the jurisdiction of the ,secretary1     
acting through the applicable ,division 
,engineer1 to require4  7b7 ,,nepa ,if a
 proposed activity for which approval is
 sought under subsection 7a77#a7        
includes #a or more activities that may 
likely have a significant effect on the 
quality of the human environment1 as    
determined by the ,secretary1 the       
,secretary shall-- 7#a7 consider whether
 mitigating the circumstances or        
conditions of the proposed activity is  
sufficient to avoid the significant     
effects on the quality of the human     
environment that may result from that   
circumstance or condition of that       
proposed activity2 and  7#b7 if the     
,secretary determines under paragraph   
7#a7 that the significant effects that  
may likely result from the circumstance 
or condition of the proposed activity   
can be avoided1 mitigate the            
circumstances or conditions of the      

proposed activity without-- 7,a7 denying
 the proposed activity2 or  7,b7        
requiring the permittee to carry out the
 requirements of the ,national          
,environmental ,policy ,act of #aifi    
7#db ,u4,s4,c4 #dcba et seq47 for the   
proposed activity 7or any portion of the
 proposed activity74  7c7 ,state or     
interstate water pollution control      
agency certifications  7#a7             
,certification required  7,a7 ,in       
general ,if the ,,nwp requires a        
permittee to request a water quality    
certification from a certifying         
authority under section #dja of the     
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #acda71 the certifying  
authority shall1 within a reasonable    
period of time 7which shall not exceed  
#ad days7 after the date on which the   
permittee submits the certification     
application pursuant to that section1   
make a determination on whether or not  
the application submitted by the        
permittee is complete4  7,b7 ,no        

response ,if a certifying authority     
fails or refuses to make a determination
 with respect to a certification        
application submitted pursuant to       
subparagraph 7,a7 within the timeframe  
referred to in that subparagraph1 the   
certification shall be considered to be 
complete4  7#b7 ,incomplete application 
,if a certifying authority determines   
that an application referred to in      
paragraph 7#a7 is incomplete1 the       
certifying authority shall1 not later   
than #ad days after that determination1 
issue to the permittee a detailed list  
of items required in order for an       
application to be considered complete4  
7#c7 ,complete application  7,a7 ,in    
general ,if a certifying authority      
determines that an application referred 
to in paragraph 7#a7 is complete1 the   
certifying authority shall1             
notwithstanding section #dja7;a77#a7 of 
the ,federal ,water ,pollution ,control 
,act 7#cc ,u4,s4,c4 #acda7;a77#a771 act 
on the application within a reasonable  

period of time1 which may not exceed #a 
year from the date on which the         
certifying authority determines the     
application is complete4  7,b7 ,no      
re-filing ,if a certifying authority    
determines that an application submitted
 by a permittee is complete1 the        
certifying agency may not require the   
permittee to re-file an application for 
the same proposed activity4  #e4        
,dredging2 dredged material  7a7 ,repeal
  7#a7 ,in general ,section #eeaji of   
title #df1 ,united ,states ,code1 is    
repealed4  7#b7 ,conforming amendment   
,the analysis for chapter #eea of title 
#df1 ,united ,states ,code1 is amended  
by striking the item relating to section
 #eeaji4  7b7 ,excluding dredged        
material from transportation            
requirements  7#a7 ,in general ,section 
#eeaaj of title #df1 ,united ,states    
,code1 is amended-- 7,a7 in the section 
heading1 by striking or dredged material
 and inserting 7excluding dredged       
material72 and  7,b7 by striking or     

dredged material and inserting          
7excluding dredged material74  7#b7     
,conforming amendment ,the analysis for 
chapter #eea of title #df1 ,united      
,states ,code1 is amended by striking   
the item relating to section #eeaaj and 
inserting the following3  ,sec4 #eeaaj4 
,transportation of valueless material   
7excluding dredged material74  4