On the recordDecember 11, 2025
despite our friendship, I do oppose Mr. Bean's amendment, yet support the programs that have been implemented in Florida, Michigan, and New Jersey, and we want them to continue. However, Mr. Chair, this amendment seeks to legislatively mandate approval of a program, without changes, that was adopted without the proper and necessary oversight and review. The Clean Water Act was specifically enacted as a Federal-State partnership. The Environmental Protection Agency has approved 47 States to implement the point source discharge program under section 402 of the Clean Water Act, and having States as coregulators makes comprehensive implementation of this program possible. However, far fewer States have sought approval to regulate the discharge of dredge-and-fill materials under section 404 of the act, again with only New Jersey and my home State of Michigan currently approved to implement this authority. We do hope Florida will go back to the administration and seek approval, once again, but this amendment relates to Florida's attempts to receive approval of its own section 404 program without the proper process. In 2024, a Federal district court struck down the approval of Florida's 404 permit authority on the grounds that both the State and Federal agencies failed to follow the rules in approving the State's program. I am not opposed to the State of Florida or any State seeking to manage 404 authorities within its borders.
Source
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