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.