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S 4755

DEEP Act

119th Congress Introduced by Mike Lee

Creates a nationwide dredging permit (NWP) to accelerate approvals for port/navigation dredging with streamlined NEPA and 401 timelines and regional conditions.

Introduced in Senate
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WeVote Research Nonpartisan
Bill Summary · S 4755

Summary of S. 4755 (DEEP Act) — 119th Congress

Purpose and intent

  • The DEEP Act, titled the Dredging to Ensure the Empowerment of Ports Act, aims to create and implement a new nationwide permit (NWP) under the Federal Water Pollution Control Act (FWPCA) specifically for dredging projects in navigable waters of the United States.
  • The Secretary of the Army, through the Chief of Engineers, would propose the NWP and oversee its administration in coordination with Corps divisions and state or interstate water pollution control agencies.

Key provisions and changes

  • Definition updates (Sec. 2):

    • Establishes terms for clarifying authority, dredging projects, navigable waters, NWP, permittee, and the Secretary’s role.

  • Nationwide permit for dredging (Sec. 3):

    • The Secretary must propose a new NWP within 60 days of enactment covering Federal and non-Federal dredging activities in navigable waters.
    • Each Division Engineer must propose regional conditions to include with the NWP.
    • The NWP would be valid for up to 10 years (shorter than typical 404(e) timelines).
    • Incorporates National Environmental Policy Act (NEPA) obligations:
    • Complete NEPA requirements within 2 years of proposing the NWP.
    • Produce up to one environmental impact statement, one record of decision, and, if needed, one environmental assessment.
    • Consider mitigation standards and metrics beyond just compensation.
    • State/ interstate water quality certifications (Section 401) must follow streamlined timelines:
    • Certification determinations from certifying authorities within 14 days, with incomplete determinations triggering a list of required items within 14 days.
    • If complete, authorities must act within 1 year; no re-filing required.
    • EPA’s role in disposal sites is limited: EPA may consult with the Secretary but may not prohibit or enforce beyond Secretary’s determinations.
    • Rivers and Harbors Act of 1899 interaction clarified: complying with 404 continues to be considered a grant of permission; no new separate 10 permit required.

  • Authorized activities under the NWP (Sec. 4):

    • Permittees must notify the Secretary and obtain written approval that an activity complies with the NWP.
    • The Secretary has defined deadlines to determine completeness (14 days for initial completeness, 30 days to approve/deny after full completeness).
    • If incomplete, the Secretary provides a list of missing information within 14 days.
    • If approved, activity is deemed compliant if no timely denial occurs; if denied, the Secretary must provide reasons and mitigation suggestions within specified timelines.
    • The Secretary has NEPA-related authority to consider mitigation rather than denying activities, when feasible to avoid significant environmental effects.
    • NEPA mitigation can be used to avoid a full NEPA process for each individual activity in certain circumstances.

  • Dredged material—transportation provisions (Sec. 5):

    • Repeals Section 55109 of Title 46 (Transportation of dredged material).
    • Excludes dredged material from certain transportation requirements; renames and redefines related sections (e.g., “Transportation of valueless material (excluding dredged material)”).

Who would be affected

  • Primary: Activities related to dredging of ports and navigation channels in navigable waters, including both Federal and non-Federal projects.
  • Affected entities include project proponents (permittees), U.S. Army Corps of Engineers divisions (for regional conditions), state and interstate water pollution control agencies (Section 401 certifications), and the Environmental Protection Agency (in an advisory role on disposal sites).
  • Environmental review processes (NEPA) would be streamlined with specified timelines and potential mitigation-focused outcomes.

Procedural and timeline aspects

  • ENPA timelines: final NWP issuance within 60 days of proposing; NEPA completion within 2 years; one consolidated environmental document as feasible.
  • 401 certifications: expedited determinations, with complete applications acted upon within 1 year; no re-filing required if complete.
  • NWP duration capped at 10 years.
  • Clear, quasi-automatic completion rules: incomplete submissions trigger defined response timelines; missing information leads to expedited completion once provided.
  • If deadlines are missed by the Secretary, proposed activities are deemed in compliance with the NWP.

Overall, the DEEP Act seeks to modernize and expedite dredging approvals, introduce a nationwide permitting framework with regionally tailored conditions, and emphasize mitigation and efficient environmental review to support port infrastructure development.

Compiled from official sources — confirm details with the bill’s official record.

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