By:  Lindsay                                          S.C.R. No. 56
         99S0900/2                           
                            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, Through the implementation of the wetlands
1-20     preservation program, the United States Army Corps of Engineers
1-21     seeks to avoid, minimize, and mitigate damage to wetlands and
1-22     wetlands habitat; and
1-23           WHEREAS, Prior to granting a permit, the United States Army
 2-1     Corps of Engineers receives comments from a variety of state and
 2-2     federal resource agencies, including the United States Fish and
 2-3     Wildlife Service, the Texas Parks and Wildlife Department, the
 2-4     Texas Natural Resource Conservation Commission, and others; and
 2-5           WHEREAS, It is in the interest of all state and federal
 2-6     taxpayers to eliminate duplication between state and federal agency
 2-7     programs; and
 2-8           WHEREAS, Current Texas Natural Resource Conservation
 2-9     Commission procedures in providing Section 401 certification for
2-10     United States Army Corps of Engineers permits duplicates the
2-11     wetlands analysis required to be conducted by the United States
2-12     Army Corps of Engineers; now, therefore, be it
2-13           RESOLVED by the Legislature of the State of Texas, That it is
2-14     the intent of the legislature that the Texas Natural Resource
2-15     Conservation Commission should attempt to eliminate duplication
2-16     between its Section 401 water quality certification program and the
2-17     review conducted by the United States Army Corps of Engineers; and,
2-18     be it further
2-19           RESOLVED, That it is the intent of the legislature that the
2-20     Texas Natural Resource Conservation Commission should amend its
2-21     rules to provide that, except where necessary to maintain
2-22     delegation or approval of a federally delegated or approved
2-23     program, the Texas Natural Resource Conservation Commission shall
2-24     waive Section 401 certification, in accordance with the authority
2-25     of the federal Clean Water Act, for those projects for which the
 3-1     United States Army Corps of Engineers has conducted a review under
 3-2     Section 404(b) of the Act (33 U.S.C. Section 1344); and, be it
 3-3     further
 3-4           RESOLVED, That it is the intent of the legislature that, if
 3-5     some review is required to maintain delegation or approval of a
 3-6     federally delegated or approved program, the Texas Natural Resource
 3-7     Conservation Commission shall develop a review process in
 3-8     compliance with approved water quality standards that is no more
 3-9     stringent than specifically required by federal law that, to the
3-10     maximum extent practicable, implements acreage thresholds,
3-11     geographic limitations, expedited review processes, waivers of
3-12     project types, and similar provisions necessary to eliminate
3-13     duplication of federal activities and assist compliance by permit
3-14     applicants; and, be it further
3-15           RESOLVED, That it is the intent of the legislature that
3-16     savings that can be realized from eliminating duplication of United
3-17     States Army Corps of Engineers Section 404 permit evaluations shall
3-18     be utilized by the Texas Natural Resource Conservation Commission
3-19     to meet the demands of the water quality protection program.