,,ii #aaith ,,congress #b;d ,session ,s4 #eehh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bi1 #bjbf,mr4 ,boozman 7for himself1 ,ms4 ,alsobrooks1 ,mr4 ,armstrong1 and ,ms4 ,blunt ,rochester7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to require the ,secretary of the ,army to issue a general ecological restoration permit under the ,federal ,water ,pollution ,control ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ecological ,restoration ,project ,permitting ,act of #bjbf4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to establish a general permit under section #djd7;e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7;e77 to streamline the permitting process and to expedite authorization of ecological restoration projects that result in net gains in ecological functions and services2 7#b7 to accelerate the environmental benefits of ecological restoration projects through a reduction in redundant procedures1 reviews1 and evaluations2 7#c7 to support interagency efforts to expedite the construction of ecological restoration projects1 including cooperation in the development of the permitting process2 and 7#d7 to improve the consistency1 predictability1 transparency1 scientific integrity1 and accountability of ,federal review for ecological restoration projects4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,altered or degraded habitat ,the term altered or degraded habitat means a habitat in which #a or more physical1 chemical1 or biological processes or ecological attributes have been measurably modified by human activity from an appropriate natural1 historical1 or reference condition1 resulting in a reduction in habitat functions and services4 7#c7 ,baseline condition ,the term baseline condition1 with respect to the site of an ecological restoration project-- 7,a7 means the physical1 chemical1 or biological condition of a habitat resource and the contributing watershed of that habitat at the site at the time that a complete proposal1 report1 or pre-construction notification is submitted under section #d for the ecological restoration project2 and 7,b7 represents the altered and degraded conditions of the site and forms the basis for evaluating net gains in functions and services from the ecological restoration project4 7#d7 ,ecological restoration project 7,a7 ,in general ,the term ecological restoration project means a project to restore1 establish1 rehabilitate1 protect1 enhance1 or manage altered or degraded habitats or former habitats in a manner that results in a net increase in habitat functions and services for the area of the project as a whole1 including all associated construction activities1 materials1 and methods directly related to increasing habitat functions and services4 7,b7 ,exclusion ,the term ecological restoration project does not include any activity undertaken to fulfill a ,federal1 ,state1 or local wetland permit requirement1 including any such requirement imposed on or after the date of enactment of this ,act4 7#e7 ,,erp permit ,the term ,,erp permit means the general permit for ecological restoration projects required under section #d7;a77#a74 7#f7 ,federal project ,the term ,federal project means an ecological restoration project that is-- 7,a7 carried out on federally owned land2 or 7,b7 supported in whole or in part by ,federal financial assistance 7including assistance provided through a passthrough entity or subaward of ,federal funding71 a ,federal cooperative agreement1 a ,federal conservation easement1 or ,federal technical assistance4 7#g7 ,habitat functions and services ,the term habitat functions and services1 with respect to a terrestrial or aquatic habitat1 includes the physical1 chemical1 and biological processes and ecological attributes of the habitat that supports1 sustains1 or improves-- 7,a7 hydrologic or terrestrial landscape conditions that approximate natural conditions or emulate natural hydrology or landscapes1 to the maximum extent practicable2 7,b7 the quantity1 quality1 connectivity1 and productivity of the habitat for native fish and wildlife2 7,c7 native plant community composition1 structure1 and diversity1 including treatment of exotic or invasive plant species2 or 7,d7 ecosystem functions1 including nutrient removal or transformation1 sediment retention1 flood control or attenuation1 groundwater recharge1 erosion reduction1 wildfire risk reduction1 and protection of adjacent or existing habitats4 7#h7 ,net increase ,the term net increase1 with respect to terrestrial or aquatic habitat functions and services of a terrestrial or aquatic habitat1 means an increase in #a or more habitat functions and services4 7#i7 ,non-,federal project ,the term non-,federal project means an ecological restoration project that is not a ,federal project4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of the ,army1 acting through the ,chief of ,engineers4 7#aa7 ,waters of the ,united ,states ,the term waters of the ,united ,states is within the meaning of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq474 #d4 ,ecological restoration project permit 7a7 ,establishment 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall1 consistent with section #djd7;e7 of the ,federal ,water ,pollution ,control ,act 7#dd ,u4,s4,c4 #acdd7;e77 and in accordance with this section1 issue a general permit under that section for ecological restoration projects to authorize activities associated with ecological restoration projects that the ,secretary determine will lead to a net increase in habitat functions and services in altered or degraded habitats or former habitats4 7#b7 ,consultation ,in developing the ,,erp permit1 the ,secretary shall consult with-- 7,a7 the ,administrator2 7,b7 the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service2 7,c7 the ,secretary of ,commerce1 acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration2 7,d7 the ,secretary of ,agriculture1 including the ,chief of the ,natural ,resources ,conservation ,service2 7,e7 the ,chair of the ,council on ,environmental ,quality2 and 7,f7 the ,chair of the ,advisory ,council on ,historic ,preservation4 7#c7 ,inclusion ,in developing the ,,erp permit1 the ,secretary shall ensure that the ,,erp permit expressly authorizes the use of engineered components that are integral to implementing an ecological restoration project1 including dikes1 berms1 grade-control structures1 water level control structures1 levee modifications or setbacks1 excavation1 bank stabilization1 and road-stream crossing replacements1 subject to the conditions that-- 7,a7 the primary purpose of the project is to serve as an ecological restoration project2 and 7,b7 the project as a whole results in a net increase in habitat functions and services4 7#d7 ,exclusions 7,a7 ,in general ,in developing the ,,erp permit1 the ,secretary shall ensure that an ecological restoration project is not eligible for the ,,erp permit if the ecological restoration project-- 7i7 subject to subparagraph 7,b71 includes-- 7,i7 the construction1 expansion1 or conversion to permanent use of any road1 driveway1 parking area1 or other feature required for vehicular access in waters of the ,united ,states1 including any associated grading1 clearing1 excavation1 fill1 drainage structures1 boardwalks1 steps1 retaining structures1 and surfacing2 or 7,,ii7 the construction1 expansion1 repair1 replacement1 modification1 or conversion to permanent use of any new trail or recreational pathway intended for pedestrian1 bicycle1 equestrian1 or motorized recreational use in waters of the ,united ,states after completion of the project1 including any associated grading1 clearing1 excavation1 fill1 drainage structures1 boardwalks1 steps1 retaining structures1 and surfacing2 7ii7 includes the application1 discharge1 placement1 or injection of any persistent chemical substance on ,federal land or into waters of the ,united ,states that is not otherwise approved for use in aquatic environments1 including any substance that is-- 7,i7 reasonably anticipated to persist in soil1 sediment1 or water for extended durations based on the chemical properties of the substance1 including substances that are determined to be persistent1 bioaccumulative1 and toxic under applicable ,federal guidance2 or 7,,ii7 a perfluoroalkyl or polyfluoroalkyl substance1 polychlorinated biphenyl1 an organochlorine pesticide1 dioxin1 or any other chemical that is likely to result in long-term persistence or long-term adverse biological effects in the project area2 or 7iii7 would be conducted on ,federal land where activities within the proposed ecological restoration project are prohibited by an ,act of ,congress or ,presidential proclamation4 7,b7 ,exceptions ,the exclusion described in subparagraph 7,a77i7 shall not apply to-- 7i7 temporary construction access routes1 footpaths1 temporary work pads1 or coffer dams that are identified and specifically described in the applicable preconstruction notification or summary report under subsection 7b71 subject to the conditions that the features are temporary features that are removed and the terrain is restored to pre-construction contours on completion of the work of the project2 or 7ii7 the construction1 expansion1 repair1 replacement1 or modification of a road crossing1 ford1 berm1 new trail1 recreational pathway1 or associated drainage structure 7including a culvert or bridge7 if-- 7,i7 the infrastructure is included solely to improve habitat functions and services 7including fish passage1 floodplain reconnection1 vegetation reestablishment1 or reduction of erosion72 7,,ii7 the infrastructure is incidental to1 and not the purpose of1 the ecological restoration project2 7,,iii7 with respect to a new road1 trail1 pathway1 or associated infrastructure1 the new road1 trail1 pathway1 or associated infrastructure is the minimum necessary in consideration of the goals and objectives of the project2 and 7,,iv7 the ecological restoration project1 after consideration of the construction1 expansion1 repair1 replacement1 or modification1 results in a net increase in habitat functions and services4 7b7 ,ecological restoration projects 7#a7 ,non-,federal projects 7,a7 ,pre-construction notification ,a sponsor seeking to carry out a non-,federal project subject to the ,,erp permit shall submit to the applicable ,district ,engineer a preconstruction notice that includes-- 7i7 information with respect to baseline conditions at the site of the proposed project1 including-- 7,i7 a general description of aquatic and terrestrial habitat types at the site2 and 7,,ii7 a map of aquatic and terrestrial habitat types at the site1 the boundaries of which shall1 to the extent practicable1 be based on recent aerial imagery or similar information and verified with photo points or other field-based data points for each mapped habitat type2 7ii7 an illustration of the elements of the proposed project drawn over a copy of the map required under clause 7i77,,ii72 and 7iii7 the objectives of the proposed ecological restoration project and a description of the techniques or mechanisms to be used to increase habitat functions and services on the project site to meet those objectives4 7,b7 ,completeness 7i7 ,in general ,not later than #cj days after the date on which a preconstruction notice under subparagraph 7,a7 is submitted to a ,district ,engineer1 the ,district ,engineer shall-- 7,i7 notify the applicable sponsor that the preconstruction notice is considered complete2 or 7,,ii7 provide to the sponsor a notification that the preconstruction notice is incomplete that includes a description of the information required for the preconstruction notice to be considered complete4 7ii7 ,submission of incomplete information ,if a ,district ,engineer provides to a sponsor a notification described in clause 7i77,,ii7 and the sponsor fails to provide all of the information described in that notification1 the ,district ,engineer-- 7,i7 is not required to provide another notification under that clause2 and 7,,ii7 shall not begin verifying that the project that is the subject of the notice is subject to the ,,erp permit until the date on which the sponsor provides all of the information described in the notification4 7,c7 ,verification timeline 7i7 ,in general ,not later than #de days after the date on which the applicable ,district ,engineer determines that a preconstruction notification is complete under subparagraph 7,b71 the ,district ,engineer shall provide to the applicable sponsor a final notification that verifies whether the proposed non-,federal project is subject to the ,,erp permit4 7ii7 ,conditions ,if a ,district ,engineer verifies that a non-,federal project is subject to the ,,erp permit under clause 7i71 the ,district ,engineer may impose such conditions as the ,district ,engineer determines appropriate to ensure that the non-,federal project remains subject to the ,,erp permit4 7iii7 ,failure to act ,if a ,district ,engineer fails to act on a completed preconstruction notice by the date described in clause 7i71 the non-,federal project shall be considered to be subject to the ,,erp permit as of that date4 7,d7 ,activity authorized 7i7 ,in general ,subject to clause 7ii71 a sponsor may not begin carrying out a non-,federal project verified under this paragraph until the earlier of-- 7,i7 the date on which the ,district ,engineer provides the notification described in subparagraph 7,c77i72 and 7,,ii7 the date described in subparagraph 7,c77iii74 7ii7 ,additional consultations ,with respect to a non-,federal project for which a consultation under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 or pursuant to section #cjfajh of title #ed1 ,united ,states ,code1 is required1 if1 on the applicable date under clause 7i71 that consultation has not yet been completed1 the sponsor of the project may not begin carrying out the non-,federal project until the date on which any such consultations are completed4 7#b7 ,federal projects 7,a7 ,in general ,a sponsor seeking to carry out a ,federal project under the ,,erp permit shall submit to the applicable ,district ,engineer a summary report that-- 7i7 describes the proposed ,federal project2 and 7ii7 includes the information described in each of clauses 7i7 through 7iii7 of paragraph 7#a77;,a74 7,b7 ,activity authorized 7i7 ,in general ,a sponsor may not begin carrying out a ,federal project until the date that is #cj days after the date on which the summary report under subparagraph 7,a7 is submitted to the applicable ,district ,engineer4 7ii7 ,assumption of review ,in reviewing a summary report under subparagraph 7,a71 a ,district ,engineer shall presume that another ,federal agency has verified that the ,federal project is subject to the ,,erp permit1 and for purposes of this section the project described in the summary report shall be considered to be verified4 7#c7 ,low-risk projects 7,a7 ,in general ,in establishing the ,,erp permit1 the ,secretary1 in consultation with the ,administrator1 the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,secretary of ,commerce1 the ,chair of the ,council on ,environmental ,quality1 and the ,chair of the ,advisory ,council on ,historic ,preservation1 may establish a category of ecological restoration projects that the ,secretary determines have a low risk for negatively impacting-- 7i7 a species listed as a threatened species or an endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7ii7 habitat designated as critical for a species described in clause 7i72 and 7iii7 historic properties4 7,b7 ,simplified process ,the ,secretary may establish simplified requirements for ecological restoration projects that are determined to be low risk under subparagraph 7,a71 including simplified project proposal1 preconstruction notification1 and other documentation requirements4 7c7 ,scope of authorized activities 7#a7 ,in general ,the authorization of an ecological restoration project under the ,,erp permit-- 7,a7 applies only to activities specifically described in1 and carried out in accordance with1 the preconstruction notification or summary report under subsection 7b71 as applicable1 and any documentation submitted in conjunction with the preconstruction notification or summary report1 including any general1 regional1 or project-specific conditions imposed on the ecological restoration project2 and 7,b7 may include-- 7i7 discharges of dredged or fill material and other activities1 including nature-based and engineered components that are integral to the ecological restoration project1 including-- 7,i7 engineering1 construction1 stabilization1 habitat establishment1 adaptive management1 and maintenance2 and 7,,ii7 subject to subsection 7a77#d77;,a77ii71 the use of approved and licensed chemicals for invasive species management and control2 and 7ii7 activities within any area subsequently determined to be waters of the ,united ,states1 to the extent that the activities are specifically described in the documentation described in subparagraph 7,a74 7#b7 ,unrelated future activities ,the authorization of an ecological restoration project under the ,,erp permit does not apply to a discharge of dredged or fill material for any future activity that is not specifically described in the documentation described in paragraph 7#a77;,a71 including any future activity that involves discharges regulated under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq474 7d7 ,suspension2 revocation ,in establishing the ,,erp permit1 the ,secretary shall1 consistent with existing permit procedures under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd71 establish procedures for the suspension1 modification1 and revocation of ecological restoration projects verified under the ,,erp permit4 7e7 ,permit term 7#a7 ,in general ,notwithstanding section #djd7;e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7;e77 and any regulation1 guidance1 or practice of the ,secretary establishing a shorter duration for general or nationwide permits under that section 7including section #ccj4f7;b7 of title #cc1 ,code of ,federal ,regulations 7or a successor regulation771 the ,,erp permit shall be issued for a term of #aj years4 7#b7 ,renewal ,the ,secretary may reissue or extend the term of the ,,erp permit4 7#c7 ,expiration 7,a7 ,in general ,on expiration of the ,,erp permit1 no new activities may be authorized pursuant to the ,,erp permit unless the ,secretary has reissued or extended the ,,erp permit under paragraph 7#b74 7,b7 ,continued validity of prior verification ,any activity verified in writing by a ,district ,engineer as authorized by the ,,erp permit before the date on which the ,,erp permit expires shall continue to be authorized after that date1 and a sponsor may continue to carry out any such activity1 including any necessary maintenance and management required to maintain net increases in habitat functions and service and any required monitoring and reporting required in accordance with-- 7i7 the preconstruction notification or summary report under subsection 7b71 as applicable1 and any documentation submitted in conjunction with the preconstruction notification or summary report1 as verified by the ,district ,engineer2 7ii7 all applicable general and regional conditions in effect on the date of verification of the ecological restoration project2 and 7iii7 any project-specific conditions included in the verification4 7#d7 ,rule of construction ,nothing in this subsection affects the authority of the ,secretary to suspend1 modify1 or revoke an authorization or to require corrective measures1 consistent with applicable law and permit procedures1 in the event of noncompliance or where necessary to ensure that an activity will have no more than minimal individual and cumulative adverse environment effects4 #e4 ,interagency coordination 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and in accordance with the authorities described in section #d7;e77#d71 the ,secretary shall enter into memoranda of agreement or programmatic agreements with the ,administrator1 the ,secretary of the ,interior1 the ,secretary of ,commerce1 the ,secretary of ,agriculture1 the ,chair of the ,council on ,environmental ,quality1 and the ,chair of the ,advisory ,council on ,historic ,preservation to establish coordinated procedures that apply to the review and verification of ecological restoration projects under the ,,erp permit1 including the procedures to be used by the ,secretary to determine whether a proposed ecological restoration project qualifies for verification and what conditions are necessary to ensure compliance with applicable law4 7b7 ,scope ,a memorandum of agreement or programmatic agreement entered into under subsection 7a7 shall1 with respect to ecological restoration projects verified or for which verification is sought under the ,,erp permit1 establish clear roles1 points of contact1 information requirements1 sequencing1 and schedules for completing1 as applicable-- 7#a7 review under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd71 including verification decisions1 special conditions1 and any requirements for preconstruction notification or summary reports under section #d7;b72 7#b7 review under section #aj of the ,act of ,march #c1 #ahii 7#cj ,stat4 #aaea1 chapter #dbe2 #cc ,u4,s4,c4 #djc71 for work in waters of the ,united ,states2 7#c7 consultation under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 for ,federal actions associated with verification under the ,,erp permit2 7#d7 compliance with section #cjfajh of title #ed1 ,united ,states ,code1 including identification of historic properties1 assessment of effects1 consultation1 and execution of any required agreements2 7#e7 compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 including the use of programmatic environmental documents 7as defined in section #aaa of that ,act 7#db ,u4,s4,c4 #dccf;e771 tiering1 and incorporation by reference1 as appropriate2 and 7#f7 any other ,federal review that the ,secretary determines may be commonly required for an ecological restoration project1 including compliance with section #dja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acda7 and the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq471 as applicable4 7c7 ,objectives ,a memorandum of agreement or programmatic agreement entered into under subsection 7a7 shall be designed-- 7#a7 to ensure that required reviews are initiated early and completed in a coordinated manner in connection with the verification process under the ,,erp permit2 7#b7 to avoid duplicative requests for information by establishing shared information requirements1 including baseline conditions and best management practices2 7#c7 to promote consistent application of eligibility criteria1 minimization measures1 and permit conditions across districts of the ,corps of ,engineers2 and 7#d7 to support timely decisionmaking while preserving meaningful opportunities for ,state and ,tribal consultation and public transparency required under applicable law4 #f4 ,monitoring1 reporting1 data quality1 and scientific integrity 7a7 ,public report ,not later than #b years after the date of enactment of this ,act and on an annual basis thereafter1 the ,secretary and the ,administrator1 in consultation with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,secretary of ,commerce1 the ,chair of the ,council on ,environmental ,quality1 and the ,chair of the ,advisory ,council on ,historic ,preservation1 shall make publicly available a report that describes the accomplishments of ecological restoration projects verified under the ,,erp permit1 including a description of1 with respect to each such ecological restoration project carried out during the period covered by the report-- 7#a7 the project location1 which may be kept at a resolution appropriate to protect sensitive resources2 7#b7 a summary of baseline conditions2 and 7#c7 net increases in habitat functions and services at the project site4 7b7 ,report to ,congress ,not later than #c years after the date of enactment of this ,act and on an annual basis thereafter1 the ,secretary and the ,administrator1 in consultation with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,secretary of ,commerce1 the ,chair of the ,council on ,environmental ,quality1 and the ,chair of the ,advisory ,council on ,historic ,preservation1 shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that provides a summary of1 for the period covered by the report-- 7#a7 the use of the ,,erp permit2 7#b7 the types of ecological restoration projects verified under the ,,erp permit2 7#c7 any compliance actions taken under the ,,erp permit2 and 7#d7 observed outcomes of ecological restoration projects verified under the ,,erp permit4 #g4 ,savings provisions ,nothing in this ,act-- 7#a7 waives1 limits1 or modifies any requirement of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code1 or the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7#b7 authorizes a take 7as defined in section #c of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb77 of any species listed as a threatened species or an endangered species under that ,act 7#af ,u4,s4,c4 #aeca et seq47 without a separate authorization under applicable law2 or 7#c7 affects requirements under the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acfa et seq471 the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq471 or the ,act of ,june #h1 #aidj 7commonly known as the ,bald ,eagle ,protection ,act7 7#ed ,stat4 #bej1 chapter #bgh2 #af ,u4,s4,c4 #ffh et seq474