S. 3316: Water Authority and Timely Environmental Review Act of 2025

The bill titled "Water Authority and Timely Environmental Review Act of 2025" (or "WATER Act of 2025") proposes the establishment of a new program called the Waterway Permit Section 404 Assignment program. This program allows states to take over certain responsibilities currently held by the federal government regarding the permitting process for various infrastructure projects that may impact navigable waters, specifically for highways, railroads, and public transportation projects.

Key Components of the Bill

• Establishment of the Program: The program must be established within 60 days of the bill's enactment, involving the Environmental Protection Agency (EPA) and the Secretary of the Army.
• State Responsibility: States can assume the permitting responsibilities for projects that involve the discharge of dredged or fill material into navigable waters and must ensure compliance with various federal environmental laws.
• Eligibility: All states are eligible to participate in the program. They must demonstrate the ability to effectively carry out the responsibilities they intend to assume.
• Application Process: States wishing to participate must provide an application that outlines their plans for permitting projects and demonstrate financial resources and public engagement in the process.
• Public Notification: States need to notify the public of their intent to participate in the program and solicit comments on their application.
• Written Agreement Requirements: States must enter into a written agreement with the Secretary, outlining the responsibilities they will assume, compliance requirements, and the jurisdiction of federal courts over any civil actions related to those responsibilities.
• Audits and Compliance Monitoring: The Secretary will conduct periodic audits of participating states to ensure they carry out their responsibilities effectively. These audits will be public and must be completed within certain time frames.
• Termination of Participation: The Secretary may terminate a state's participation if it fails to meet the requirements outlined in the agreement, providing an opportunity for the state to correct its actions. States can also withdraw from the program with a notice period.

Limitations and Protections

• No Extra Rulemaking Authority: States cannot assume any rulemaking powers of the Secretary of the Army or the EPA as part of this program.
• Federal Oversight: Any responsibilities not explicitly assigned to the states remain with the federal government, ensuring federal environmental laws are still upheld.
• Legal Accountability: States are legally accountable for the responsibilities they assume, which means they will be subject to civil actions if they fail to comply with federal standards.

Capacity Building and Support

The bill encourages the Secretary to assist states in developing the capacity to participate in the program through education, training, and sharing best practices among states.

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