A bill to amend section 404 of the Federal Water Pollution Control Act to restrict the jurisdiction of the United States over the discharge of dredged or fill material to discharges into waters which are navigable and for other purposes.

Summary

Amends the Federal Water Pollution Control Act to direct (formerly authorized) the Secretary of the Army, acting through the Chief of Engineers, to issue permits for the discharge of dredged or fill material into navigable waters at a disposal site or sites specified by the applicant (formerly specified by the Secretary), unless the Secretary determines that such site cannot be specified through the application of certain guidelines or other considerations. Limits the definition of "navigable waters" for purposes of such permits to mean all waters which are presently used, or are susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce shoreward to their ordinary high water mark, including all waters which are subject to the ebb and flow of the tide shoreward to their mean high water mark. Declares that the discharge of dredged or fill material in waters other than navigable waters (as limited by such definition) is not prohibited by or otherwise subject to regulation under any Act of Congress. Repeals provisions relating to State programs of permits for the discharge of dredged or fill material into other types of navigable waters. Eliminates the qualifying phrase "to the maximum extent practicable" in the requirement that specified agreements between Federal agencies assure that decisions on permit applications be made within 90 days of published notice.

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1 official file

• Introduced in Senate

  summary · EN · 25 July 1980

  Open at official source

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