WASHINGTON – Congressman Byron Donalds (R-FL) has introduced bipartisan legislation, H.R. 9017 - "Restore Florida Water Independence Act," to reverse a detrimental decision from the U.S. District Court for the District of Columbia that discontinued the State of Florida's Section 404 permitting authority.
Introduced as the 25th piece of legislation by Congressman Donalds in the 119th Congress, this measure is co-led by Congressman Brian Mast (R-FL) and Congressman Jared Moskowitz (D-FL), with additional support from Congressman Mike Haridopolos (R-FL) and Congressman Vern Buchanan (R-FL).
The "Restore Florida Water Independence Act" has received endorsements from the Florida Coastal Conservation Association and the Bonefish Tarpon Trust.
This piece of legislation seeks to reinstate the state's authority over Section 404 Clean Water Act wetland permits by codifying the biological opinion. This authority establishes an expedited, state-run system designed to eliminate federal processing delays.
"In 2024, the D.C. District Court stripped Florida of its efficient and robust Section 404 permitting authority, creating unnecessary bureaucratic delays for critical projects that protect our wetlands, support Everglades restoration, and sustain the Sunshine State’s ocean economy," said Congressman Byron Donalds (R-FL). "The Restore Florida Water Independence Act puts Florida back in charge and restores permitting authority to those best equipped to protect our state’s natural resources: Floridians."
"No one has stronger expertise on Florida’s Everglades, estuaries, and coastlines than Floridians. For years, our state proved it could carry out Section 404 responsibly and efficiently, with tailored local accountability instead of the federal one-size-fits-all approach," said Congressman Brian Mast (R-FL). "Restoring permitting authority back to our communities shouldn’t even be up for debate—let’s pass this bill to get back to protecting every corner of our state.”
BACKGROUND:
In 2020, the State of Florida streamlined its dredge-and-fill permitting by assuming federal Clean Water Act Section 404 authority, which replaced the dual state-federal reviews. In 2024, a federal court vacated this approval, returning permitting responsibilities to the U.S. Army Corps of Engineers.
The state initially sought the Section 404 program to eliminate redundant oversight, as roughly 85% of state and federal wetland review requirements overlapped. Now, project applicants must navigate the U.S. Army Corps of Engineers' permitting process.
Restoring this authority to the state will offer a more efficient, coordinated process while maintaining environmental protections.
In September 2024, Congressman Byron Donalds led the Florida House Republican Delegation in a letter demanding answers from the U.S. Army Corps of Engineers (USACE) regarding its implementation of Clean Water Act Section 404 permitting, following a decision from the U.S. District Court for the District of Columbia that discontinued the State of Florida’s 404 permitting authority.
Read the full text of the letter HERE.
WHAT THIS BILL DOES:
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