Promoting Efficient Review for Modern Infrastructure Today Act

Floor Speech

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Mr. BEAN of Florida. Mr. Chair, I yield myself such time as I may consume.

Mr. Chair, ``If you build it, he will come.'' ``If you build it, he will come.'' Those are the words Kevin Costner's character famously heard, a mysterious voice encouraging him to construct the most famous baseball field in America, the ``Field of Dreams.''

Unfortunately, Mr. Chair, that only happens in the movies. Because for the last 2 years, if anyone in the free State of Florida tries to build anything, only the Washington bureaucracy will come. However, this wasn't always the case.

In 2020, Florida became the third State, joining Michigan and New Jersey, to implement and run a Clean Water Act section 404 Permitting program.

These State-run programs reduce duplicative requirements, reduce costs, and expedite permit approval times exactly as Congress intended.

Throughout the State-administered review process, Federal agencies maintained robust oversight to ensure Florida's 404 permitting program complied with all Federal requirements, while the EPA maintained strict control over Florida's decisions.

However, Florida's successful permitting program, along with Michigan and New Jersey, has been thrown into limbo by litigation stripping Florida of its ability to run its program. The court's decision, which is contrary to the position of both the Trump and Biden administrations, has shifted permitting authority back to the Federal Government, creating enormous disruptions to Florida's efforts to protect wetlands and water resources and is now blocking Florida's ability to issue necessary permits for development projects across the State, including: projects to restore Florida's Everglades; projects to build or improve sidewalks, bridges, utilities, roads, and highways; solar energy projects; and other projects that impact grid reliability.

The ability for States to take the lead in regulating their natural resources is vital, particularly in a State like Florida where growing our economy is contingent on protecting the environment.

Mr. Chair, that is why the Bean amendment seeks to codify the permitting program administered by the States of Florida, Michigan, and New Jersey, and to provide certainty to the other States lined up to do the same.

These States have been examples of cooperation between the State and Federal Government, and now Congress must provide clarity and confidence for any additional State interested in joining these three.

We need this amendment because protecting the environment in Florida is protecting our field of dreams.

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Mr. BEAN of Florida. Mr. Chair, I remind the gentlewoman from Michigan that Michigan is such a beautiful State. It has got one of the longest freshwater coastlines of any State. That may be a trivia fact, but no one is going to fight harder for Michigan's environment than the people of Michigan. This amendment gives them that authority back, and so I would ask her to reconsider her opposition.

Mr. Chair, I include in the Record two letters: One from the Florida Department of Environmental Protection in support of the Bean amendment and, also, a letter from the National Association of Home Builders also detailing how passage of the Bean amendment and underlying bill will lead to the creation of more attainable housing. Florida Department of Environmental Protection, Tallahassee, FL, August 7, 2025. Hon. Aaron Bean, House of Representatives, Washington, DC.

Dear Representative Bean: On behalf of Florida's environment and regulated communities, I would like to voice my support for the Maintaining Cooperative Permitting Act of 2025 (H.R. 2030/S. 1014).

The Act is necessary to set right last year's ruling from a federal district court in Washington, D.C., which vacated the Environmental Protection Agency (EPA)'s approval of Florida's Clean Water Act Section 404 Permitting Program. The Act will also provide a clear and workable path for other states to assume administration of this important program.

The D.C. court's decision, which is contrary to the position of the Trump and Biden Administrations as it relates to Florida's program, has shifted permitting authority back to the federal government, creating enormous disruptions to Florida's efforts to protect wetlands and water resources and is now blocking Florida's ability to issue necessary permits for development projects across the State.

State ``assumption'' of the Section 404 program is an important part of the Clean Water Act's cooperative federalism structure. Assumption can streamline permitting processes, reduce duplication of effort and overall expenditures by state and federal authorities, while providing better protection of a state's environmental resources by those who know their state best.

Beginning almost a decade ago, Florida began work to establish a comprehensive Section 404 permitting program. After receiving approval from EPA in 2020, Florida trained over 300 certified wetlands evaluators and other staff and received and processed thousands of permit applications for Section 404 permits. Florida's program is consistent with federal Clean Water Act requirements and all permit applications are reviewed by both federal and state wildlife agencies to ensure full protection of threatened or endangered species and their habitats.

I urge you to support the Maintaining Cooperative Permitting Act of 2025 to ensure Florida's Clean Water Act 404 permitting program is rightfully restored to the state. Sincerely, Alexis A. Lambert. ____ National Association of Home Builders, Washington, DC, December 10, 2025. Hon. Mike Johnson, Speaker, House of Representatives, Washington, DC.

Dear Speaker Johnson: On behalf of the more than 140,000 members of the National Association of Home Builders (NAHB), I am writing to convey our strong support for H.R. 3898, the PERMIT Act, which will provide necessary clarity and confidence required under the Clean Water Act (CWA) permitting process. Because clear and predictable permitting leads to the creation of attainable housing, NAHB has designated support for passage of H.R. 3898 as a KEY VOTE.

Regrettably, housing production is not keeping pace with demand. Among the significant headwinds facing the home building industry is an unpredictable regulatory landscape that adds costs and reduces the availability of buildable lots--making housing more unattainable. This legislation respects environmental protections and provides pragmatic solutions to Section 404 and Section 402 of the CWA.

Under Section 404--dredge and fill permitting--home builders pull some of the highest numbers of Nationwide Permits (NWPs) issued annually. To assist with planning and permit backlogs, this legislation extends the duration of a NWP from 5 to 10 years and right sizes the acreage threshold for impacts to where the NWP was originally intended.

To better assist states in assuming their own 404 permitting authority, this bill requires the Environmental Protection Agency to review its regulations and procedures surrounding the 404 approval process. This will help streamline and ease administrative burdens states face when attempting to assume their own permitting program.

A key feature of Section 404 permitting is the Waters of the United States rule. This bill codifies long-established exclusions such as ephemeral features, groundwater, and prior converted cropland that have been included as part of WOTUS regulations over the years. This will provide important predictability and consistency for property owners when determining which water features are jurisdictional.

Under Section 402--the National Pollutant Discharge Elimination System (NPDES)--this legislation would require permit writers to tie NPDES permit conditions to what happens on their site, rather than what happens downstream to impair receiving waters. This approach allows regulators to explain the measures that home builders must take to comply with their NPDES permit, without imposing numeric discharge limits.

NAHB additionally urges passage of Amendment 27, submitted by Representative Crawford, pertaining to compensatory mitigation. Compensatory mitigation has become a significant cost and barrier for builders: Representative Crawford's amendment takes meaningful steps towards reducing mitigation costs through simple, commonsense reforms that maintain environmental protections while allowing for economic growth.

NAHB also commends Amendment 52, submitted by Representative Bean, pertaining to state assumption of the Section 404 program for Florida, Michigan, and New Jersey. Litigation over state assumption has created significant uncertainty for CWA permitting nationally, and NAHB urges Congress to return Section 404 to its original intent, allowing states to assume the permitting role. This will provide confidence and clarity for states interested in Section 404 assumption, and builders within those states.

The home building industry requires certitude in the CWA permitting process. The PERMIT Act respects environmental safeguards and makes significant strides in ensuring clarity in the regulatory process. For these reasons, NAHB respectfully urges passage on the House floor.

Thank you for considering our views. Sincerely, Lake A. Coulson.
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Mr. BEAN of Florida. Mr. Chair, this has been a model. This program works. The Reagan administration approved Michigan's program. The Clinton administration approved New Jersey's program. Then Florida's program was approved by the Trump administration and then defended by the Biden administration. This is something we should agree on, bipartisan support to help protect the environment.

Mr. Chair, it is Florida, Michigan, and New Jersey, but here are the States that are in line, that say we want to protect our own environment, too: Alaska, Arizona, Indiana, Kentucky, Maryland, Minnesota, North Dakota, Oregon, and Virginia. They are all in line to fight for their own State and protect the environment in their own State.

As I wrap up, I thank Chairman Graves for his leadership, as well as Congressman Collins and Congressman Rouzer. They have all said we need to step up. Our environment is worth fighting for, and that is what the Bean amendment does. I ask for your support.

Mr. Chair, I yield back the balance of my time.

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