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.