By: Lindsay, et al. S.C.R. No. 56
SENATE CONCURRENT RESOLUTION
1-1 WHEREAS, The protection and maintenance of water quality is
1-2 an important goal of the State of Texas; and
1-3 WHEREAS, The federal Clean Water Act (33 U.S.C. Section 1251
1-4 et seq.) establishes a partnership between the state and federal
1-5 governments in meeting this goal; and
1-6 WHEREAS, The United States Army Corps of Engineers has
1-7 primary authority over the operation of the national permit program
1-8 for the placement of dredged and fill materials into waters of the
1-9 United States, including wetlands; and
1-10 WHEREAS, States have permissive authority under Section 401
1-11 of the federal Clean Water Act (33 U.S.C. Section 1341) to certify
1-12 whether the issuance of certain federal permits complies with state
1-13 water quality standards; and
1-14 WHEREAS, The United States Army Corps of Engineers operates
1-15 its Section 404 permit program in compliance with a memorandum of
1-16 agreement with the United States Environmental Protection Agency
1-17 designed to fulfill the national goal of no net loss of wetlands;
1-18 and
1-19 WHEREAS, Wetlands are waters of the state that are
1-20 particularly valuable in functioning to help maintain and improve
1-21 the quality of neighboring waters and in providing habitat for
1-22 aquatic and aquatic-dependent life; and
1-23 WHEREAS, The preservation of wetlands and their functions is
1-24 a priority goal of this state; and
2-1 WHEREAS, Through the implementation of the wetlands
2-2 preservation program, the United States Army Corps of Engineers
2-3 seeks to avoid, minimize, and mitigate damage to wetlands and
2-4 wetlands habitat; and
2-5 WHEREAS, Prior to granting a permit, the United States Army
2-6 Corps of Engineers receives comments from a variety of state and
2-7 federal resource agencies, including the United States Fish and
2-8 Wildlife Service, the Texas Parks and Wildlife Department, the
2-9 Texas Natural Resource Conservation Commission, and others; and
2-10 WHEREAS, It is in the interest of all state and federal
2-11 taxpayers to eliminate duplication between state and federal agency
2-12 programs; and
2-13 WHEREAS, Current Texas Natural Resource Conservation
2-14 Commission procedures in providing Section 401 certification for
2-15 United States Army Corps of Engineers permits duplicates the
2-16 wetlands analysis required to be conducted by the United States
2-17 Army Corps of Engineers; now, therefore, be it
2-18 RESOLVED by the Legislature of the State of Texas, That it is
2-19 the intent of the legislature that the Texas Natural Resource
2-20 Conservation Commission should attempt to eliminate duplication
2-21 between its Section 401 water quality certification program and the
2-22 review conducted by the United States Army Corps of Engineers; and,
2-23 be it further
2-24 RESOLVED, That it is the intent of the legislature that the
2-25 Texas Natural Resource Conservation Commission should amend its
2-26 rules to provide that, except where necessary to maintain
3-1 delegation or approval of a federally delegated or approved
3-2 program, the Texas Natural Resource Conservation Commission shall
3-3 waive Section 401 certification, in accordance with the authority
3-4 of the federal Clean Water Act, for those projects for which the
3-5 United States Army Corps of Engineers has conducted a review under
3-6 Section 404(b) of the Act (33 U.S.C. Section 1344); and, be it
3-7 further
3-8 RESOLVED, That it is the intent of the legislature that, if
3-9 some review is required to maintain delegation or approval of a
3-10 federally delegated or approved program, the Texas Natural Resource
3-11 Conservation Commission shall develop a review process in
3-12 compliance with approved water quality standards that is no more
3-13 stringent than specifically required by federal law that, to the
3-14 maximum extent practicable, implements acreage thresholds,
3-15 geographic limitations, expedited review processes, waivers of
3-16 project types, and similar provisions necessary to eliminate
3-17 duplication of federal activities, assist compliance by permit
3-18 applicants, and maintain the state's water quality standards; and,
3-19 be it further
3-20 RESOLVED, That it is the intent of the legislature that
3-21 savings that can be realized from eliminating duplication of United
3-22 States Army Corps of Engineers Section 404 permit evaluations shall
3-23 be utilized by the Texas Natural Resource Conservation Commission
3-24 to implement water quality protection and to take the appropriate
3-25 action to ensure that the state's water quality standards will be
3-26 attained and maintained in all state waters, without unnecessary
4-1 duplication with federal actions.