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Maintaining Cooperative Permitting Act of 2025
To ensure that certain permit approvals by the Environmental Protection Agency have the force and effect of law, and for other purposes.
Summary
This bill prevents the Environmental Protection Agency from withdrawing approval of certain State permit programs for dredged or fill material discharge unless Congress passes a new law authorizing such withdrawal. The bill specifically protects the permit programs approved for Michigan, New Jersey, and Florida under Section 404 of the Federal Water Pollution Control Act. The bill requires the EPA to approve any new State program that the EPA determines is comparable to the three protected programs and to notify the Army Corps of Engineers when States begin administering EPA-approved programs. The bill includes a 90-day transition period during which both the Army Corps of Engineers and Florida may issue permits in Florida waters before the State fully assumes that permitting authority. The bill also clarifies that State program approvals are not considered regulatory rules or regulations subject to certain regulatory procedures.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Rep. Bean, Aaron [R-FL-4] (R-FL)
5 cosponsors
Money behind the sponsor
Top reported contributors to Aaron Bean’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.
- BAPTIST HEALTH $9,500
- SHIELD PROPERTIES INC. $8,300
- APOLLO GLOBAL MANAGEMENT $7,800
- THE MAYERNICK GROUP $7,000
- PET PARADISE RESORT $6,600
Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Aaron Bean → · Outside spending →
Actions (3)
- Mar 11, 2025 Referred to the Subcommittee on Water Resources and Environment. · house
- Mar 11, 2025 Referred to the House Committee on Transportation and Infrastructure. · house
- Mar 11, 2025 Introduced in House
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Text versions (1)
Bills are re-published as they move (Introduced → Reported → Engrossed → Enrolled …). Each stage below is a separate text; pick two to see what changed. Data from Congress.gov.
Full text
IN THE HOUSE OF REPRESENTATIVES
March 11, 2025
Mr. Bean of Florida introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
A BILL
To ensure that certain permit approvals by the Environmental Protection Agency have the force and effect of law, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Maintaining Cooperative Permitting Act of 2025”.
SEC. 2. STATE DISCHARGE OF DREDGED OR FILL MATERIAL PROGRAMS.
(a) Withdrawal of Approval Without Congressional Authorization Prohibited.—
(1) In general.—The permit programs described in paragraph
(2) are ratified, approved, and of full force and effect, and the Administrator of the Environmental Protection Agency (referred to in this section as the “Administrator”) may not withdraw the approval of those permit programs, including through the process described in section 404(i) of the Federal Water Pollution Control Act (33 U.S.C. 1344(i)), unless the withdrawal is expressly authorized by an Act of Congress enacted after the date of enactment of this Act.
(2) Permit programs described.—The permit programs referred to in paragraph (1) are the following State permit programs for the discharge of dredged or fill material approved under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344):
(A) The program of the State of Michigan, approved in the notice of the Environmental Protection Agency entitled “Michigan Department of Natural Resources Section 404 Permit Program Approval” (49 Fed. Reg. 38947 (October 2, 1984)) and as described in section 233.70 of title 40, Code of Federal Regulations (including any updates to the program described in a successor Federal Register notice).
(B) The program of the State of New Jersey, approved in the final rule and notice of the Environmental Protection Agency entitled “New Jersey Department of Environmental Protection and Energy Section 404 Permit Program Approval” (59 Fed. Reg. 9933 (March 2, 1994)) and as described in section 233.71 of title 40, Code of Federal Regulations (including any updates to the program described in a successor Federal Register notice).
(C) The program of the State of Florida, as described in the notice of the Environmental Protection Agency entitled “EPA’s Approval of Florida’s Clean Water Act Section 404 Assumption Request” (85 Fed. Reg. 83553 (December 22, 2020)) (including any updates to the program described in a successor Federal Register notice), including the Programmatic Biological Opinion with Incidental Take Statement associated with the program.
(3) Program transition period.—During the 90-day period beginning on the date of enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers (referred to in this section as the “Secretary”), and the State of Florida may both issue permits authorized under the program described in paragraph (2)(C) into navigable waters (as described in subsection 404(g)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1344(g)(1))) within the jurisdiction of the State of Florida.
(4) Approval of comparable state programs.—
(A) In general.—If the Administrator determines that a State program submitted under subsection (g)(1) of section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is comparable to a State program described in any of subparagraphs (A) through (C) of paragraph (2), the Administrator shall make the determination described in subsection (h)(2)(A) of that section with respect to that program.
(B) Notification.—On making the determination required under subparagraph (A), the Administrator shall notify the Secretary and the applicable State of that determination.
(C) Suspension.—On notification from the Administrator under subparagraph (B) and from a State that the State has begun to administer a program approved pursuant to subparagraph (A), the Secretary shall suspend the issuance of permits under subsections
(a) and (e) of section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) for activities with respect to which a permit may be issued by the State under that program.
(b) Clarification of Process.—Section 404(h) of the Federal Water Pollution Control Act (33 U.S.C. 1344(h)) is amended by adding at the end the following:
“(6) Not a rule or regulation.—The approval of a State permit program under this section shall not be considered to be a rule or regulation.”. <all>
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