Transportation and Infrastructure
Enacted almost forty years ago, the Clean Water Act set up a partnership with states where the federal government has the authority to regulate “navigable waters” and the state has responsibility for all other waters within state boundaries. While some in Congress are working to “clarify” the Clean Water Act through passing the Clean Water Restoration Act (CWRA), this new bill could give Washington jurisdiction over all waters, stripping states and local governments of their right to regulate waters within state boundaries.
By eliminating this federal-state partnership, all local activities will likely have to go through Washington for permission.
For instance, something as simple as installing a turn lane into a school that would need to move a ditch could require a federal permit – which could take years and thousands of dollars. Worse yet, an individual who applies for a permit at their local county planning office, will now need to apply to the U.S. Army Corps of Engineers to get a federal Section 404 permit. In fact, a study of the CWA Section 404 permitting process found that obtaining a nationwide general permit took on average 313 days at a cost of $28,915. Moreover, obtaining an individual permit took on average 788 days at a cost of $271,000.
If the federal government exerts power over state and local authorities regarding water and land use, many construction projects in communities across the nation could be adversely impacted. There is concern that the CWRA could:
- Delay or Stop Construction Projects Nationwide. The federal permitting process could increase operating costs for local governments, family farmers and small businesses and delay essential improvements to our nation’s infrastructure. Strong, safe and reliable infrastructure – including highways, bridges, mass transit, airports, flood control, navigation, schools, and drinking and waste water facilities – is crucial for our economy to recover and grow.
- Add to the Backlog of Pending Clean Water Act Permit Requests. Despite calling for an expansion in jurisdiction over all US waters, the CWRA does not allocate additional resources to address the added workload. According to a 2005 report by the Environmental Protection Agency Inspector General, the current federal permit backlog is about 17,000. If Congress passes CWRA, this backlog – and the associated delays – could increase exponentially.
