Flood Reduction, Wildlife Habitat, and Water Quality Improvement Act of 2019

Flood Reduction, Wildlife Habitat, and Water Quality Improvement Act of 2019

This bill revises requirements for permits to discharge dredged or fill material into waters of the United States, such as wetlands.

Under current law, the Environmental Protection Agency (EPA) may prohibit an area from being designated as a disposal site for dredged or fill materials when the EPA determines the discharge of those materials would have an unacceptable adverse effect on certain natural resources or wildlife. The EPA may also deny or restrict the use of an area as a disposal site when such a determination is made. This bill limits the authority of the EPA to prohibit such a designation or to restrict or deny such use. Before a permit application has been filed or after the U.S. Army Corps of Engineers has issued a permit, the EPA may not prohibit such designation or use if the area is or contains a Corps project for flood control.

Further, the bill withdraws any prior determination made by the EPA for a flood control project if (1) a more practicable alternative to the projects has not been identified, and (2) severe flooding and damage to life and property have occurred as a result of a delay in construction of the project. The bill exempts from judicial review any action taken by the Corps to advance such a project.

In addition, a regional office of the EPA must follow requirements specified by this bill when considering such a determination.