Stop the Delta Tunnel Act

Bill Number

H.R. 1311

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Environmental Protection

Status

Introduced

Latest Action

2025-02-13: Referred to the Subcommittee on Water Resources and Environment.

Last Updated

2025-05-28T15:27:36Z

AI-Generated Summary

Purpose of the Legislation

The "Stop the Delta Tunnel Act" (H.R. 1311) aims to prevent the U.S. Army Corps of Engineers from approving a key federal permit needed for the Delta Conveyance Project, a proposed infrastructure initiative to modernize water transport in California's Sacramento-San Joaquin Delta region. This bill seeks to halt the project's advancement by blocking environmental permitting under federal water pollution laws.

Key Provisions

• Permit Prohibition: The Secretary of the Army, through the Chief of Engineers, is explicitly barred from issuing a permit under Section 404 of the Federal Water Pollution Control Act (commonly known as the Clean Water Act). This section typically allows the discharge of dredged or fill material into U.S. waters, such as wetlands or rivers, after environmental review.
• Scope Limitation: The prohibition applies specifically to the Delta Conveyance Project as outlined in the U.S. Army Corps of Engineers' "Delta Conveyance Project Draft Environmental Impact Statement" dated December 2022. This document details the project's potential environmental effects and proposed construction, including tunnels or conveyance facilities to move water more efficiently through the Delta.

Significant Changes to Existing Law

• This bill introduces a targeted restriction on the Corps of Engineers' authority under the Clean Water Act, which normally grants the agency discretion to evaluate and approve permits based on environmental impact assessments.
• It does not amend the broader Clean Water Act but creates a statutory exception for this single project, effectively overriding the standard permitting process without altering general rules for other water projects.

Potential Impacts

• On Government Agencies: The U.S. Army Corps of Engineers would be unable to proceed with permitting, potentially delaying or canceling federal involvement in the project. This could shift responsibilities to state agencies or require alternative federal approvals, increasing administrative burdens.
• On Citizens: Residents of California, particularly in agricultural and urban areas reliant on Delta water supplies (serving about two-thirds of the state's population), may face continued vulnerabilities to water shortages, floods, or seismic risks if the project is blocked. Environmental advocates might benefit from preserved Delta ecosystems.
• On International Relations: Minimal direct impact, though the Delta's water management indirectly affects U.S. agricultural exports and water-sharing agreements with neighboring states like Nevada and Arizona.
• Broader Effects: Halting the project could exacerbate challenges from climate change, such as sea-level rise and droughts, affecting water reliability for drinking, farming, and industry in the western U.S.

Main Stakeholders Affected

• Federal Agencies: U.S. Army Corps of Engineers (directly restricted) and the Environmental Protection Agency (involved in Clean Water Act oversight).
• State and Local Governments: California state agencies, such as the Department of Water Resources, which lead the project; local communities in the Delta region, including farmers, fishers, and urban water districts.
• Interest Groups: Environmental organizations opposing the project due to potential harm to fish habitats and wetlands; water users and agricultural businesses supporting it for improved supply reliability.
• Legislators: Introduced by California representatives (e.g., Mr. Harder, Mr. Huffman), reflecting regional priorities in water policy.

Notable Legal, Constitutional, or Political Implications

• Legal: The bill raises questions about congressional authority to micromanage specific agency decisions under environmental statutes, potentially setting a precedent for project-specific bans. It could face challenges if viewed as infringing on executive branch permitting powers, though it aligns with Congress's role in regulating federal waters.
• Constitutional: No direct constitutional issues, but it invokes the Commerce Clause (regulating interstate water resources) and property rights concerns for affected landowners.
• Political: Highlights tensions in federal-state water governance, especially in California, where the project has been controversial for decades. Passage could influence future infrastructure funding and environmental permitting debates, polarizing supporters of modernization against conservation efforts.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Harder, Josh [D-CA-9]

Cosponsors (4)

Rep. Huffman, Jared [D-CA-2], Rep. Garamendi, John [D-CA-8], Rep. Thompson, Mike [D-CA-4], Rep. DeSaulnier, Mark [D-CA-10]

Recent Actions

• 2025-02-13: Referred to the Subcommittee on Water Resources and Environment.
• 2025-02-13: Referred to the House Committee on Transportation and Infrastructure.
• 2025-02-13: Introduced in House
• 2025-02-13: Introduced in House

Bill Versions

• Stop the Delta Tunnel Act — issued 2025-02-13 — PDF (2 pages)