DEEP Act
- Bill Number
- S. 4755
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2026-06-11: Read twice and referred to the Committee on Environment and Public Works.
- Last Updated
- 2026-06-26T21:52:49Z
AI-Generated Summary
Purpose The legislation requires the Secretary of the Army, acting through the Chief of Engineers, to propose a new nationwide permit under section 404(e) of the Federal Water Pollution Control Act for Federal and non-Federal dredging projects in navigable waters. Its goal is to streamline permitting for port maintenance, expansion, and deepening up to 60 feet.
Key Provisions
- Nationwide Permit Creation: The Secretary must propose the permit within 60 days of enactment, with Division Engineers proposing regional conditions. The permit lasts up to 10 years.
- NEPA Streamlining: Environmental reviews must finish within 2 years, limited to one environmental impact statement, one record of decision, and one environmental assessment if needed. Alternatives must be technically and economically feasible.
- State Certification Timelines: Under section 401 of the Federal Water Pollution Control Act, certifying authorities must determine application completeness within 14 days and act on complete applications within 1 year. Failure to respond deems the application complete; re-filing is prohibited.
- Permittee Process: Permittees notify the Secretary and seek written approval. The Secretary must decide within 30 days of a complete application or the activity is deemed compliant. Mitigation must be feasible and within the Secretary’s jurisdiction.
- EPA and Other Limits: The EPA may consult on disposal sites but cannot prohibit Secretary determinations or exercise enforcement authority. Compliance with section 404 is deemed permission under the Rivers and Harbors Act of 1899, and no additional section 10 permit is required.
- Dredged Material Transportation: Repeals 46 U.S.C. § 55109 and amends § 55110 to exclude dredged material from certain coastwise transportation restrictions.
Significant Changes to Existing Law
- Introduces a dedicated nationwide permit for dredging with fixed 10-year validity, differing from standard 5-year terms under the Federal Water Pollution Control Act.
- Imposes strict deadlines on state water quality certifications and federal reviews, overriding typical timelines in the Federal Water Pollution Control Act and National Environmental Policy Act.
- Limits EPA authority under section 404(c) regarding disposal sites.
- Repeals and modifies provisions in title 46 regarding transportation of dredged material, removing prior restrictions.
Potential Impacts
- Government Agencies: Accelerates reviews for the Army Corps of Engineers and state agencies while reducing EPA oversight on disposal decisions.
- Citizens and Ports: Enables faster port dredging, potentially supporting expanded maritime capacity.
- International Relations: No direct provisions affect foreign entities or treaties.
Main Stakeholders Affected
- Ports and navigation channel operators.
- Dredging companies and permittees.
- Army Corps of Engineers and Division Engineers.
- State and interstate water pollution control agencies.
- Environmental Protection Agency.
- Entities involved in coastal and navigable waterway activities.
Notable Legal, Constitutional, or Political Implications
- Alters the balance of federal and state authority under the Clean Water Act by shortening certification periods and limiting re-filing requirements.
- Streamlines National Environmental Policy Act processes, potentially reducing judicial review opportunities for individual projects.
- Modifies application of the Rivers and Harbors Act by equating section 404 compliance with section 14 permission.
- Repeal of transportation rules in title 46 removes domestic shipping restrictions on dredged material.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2026-06-11: Read twice and referred to the Committee on Environment and Public Works.
- 2026-06-11: Introduced in Senate
Bill Versions
- Dredging to Ensure the Empowerment of Ports Act — issued 2026-06-11 — PDF (14 pages)