1-1     By:  Lindsay, et al.                                  S.C.R. No. 56
 1-2           (In the Senate - Filed March 23, 1999; March 24, 1999, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     April 14, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 4, Nays 0; April 14, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.C.R. No. 56              By:  Armbrister
 1-8                        SENATE CONCURRENT RESOLUTION
 1-9           WHEREAS, The protection and maintenance of water quality is
1-10     an important goal of the State of Texas; and
1-11           WHEREAS, The federal Clean Water Act (33 U.S.C. Section 1251
1-12     et seq.) establishes a partnership between the state and federal
1-13     governments in meeting this goal; and
1-14           WHEREAS, The United States Army Corps of Engineers has
1-15     primary authority over the operation of the national permit program
1-16     for the placement of dredged and fill materials into waters of the
1-17     United States, including wetlands; and
1-18           WHEREAS, States have permissive authority under Section 401
1-19     of the federal Clean Water Act (33 U.S.C. Section 1341) to certify
1-20     whether the issuance of certain federal permits complies with state
1-21     water quality standards; and
1-22           WHEREAS, The United States Army Corps of Engineers operates
1-23     its Section 404 permit program in compliance with a memorandum of
1-24     agreement with the United States Environmental Protection Agency
1-25     designed to fulfill the national goal of no net loss of wetlands;
1-26     and
1-27           WHEREAS, Wetlands are waters of the state that are
1-28     particularly valuable in functioning to help maintain and improve
1-29     the quality of neighboring waters and in providing habitat for
1-30     aquatic and aquatic-dependent life; and
1-31           WHEREAS, The preservation of wetlands and their functions is
1-32     a priority goal of this state; and
1-33           WHEREAS, Through the implementation of the wetlands
1-34     preservation program, the United States Army Corps of Engineers
1-35     seeks to avoid, minimize, and mitigate damage to wetlands and
1-36     wetlands habitat; and
1-37           WHEREAS, Prior to granting a permit, the United States Army
1-38     Corps of Engineers receives comments from a variety of state and
1-39     federal resource agencies, including the United States Fish and
1-40     Wildlife Service, the Texas Parks and Wildlife Department, the
1-41     Texas Natural Resource Conservation Commission, and others; and
1-42           WHEREAS, It is in the interest of all state and federal
1-43     taxpayers to eliminate duplication between state and federal agency
1-44     programs; and
1-45           WHEREAS, Current Texas Natural Resource Conservation
1-46     Commission procedures in providing Section 401 certification for
1-47     United States Army Corps of Engineers permits duplicates the
1-48     wetlands analysis required to be conducted by the United States
1-49     Army Corps of Engineers; now, therefore, be it
1-50           RESOLVED by the Legislature of the State of Texas, That it is
1-51     the intent of the legislature that the Texas Natural Resource
1-52     Conservation Commission should attempt to eliminate duplication
1-53     between its Section 401 water quality certification program and the
1-54     review conducted by the United States Army Corps of Engineers; and,
1-55     be it further
1-56           RESOLVED, That it is the intent of the legislature that the
1-57     Texas Natural Resource Conservation Commission should amend its
1-58     rules to provide that, except where necessary to maintain
1-59     delegation or approval of a federally delegated or approved
1-60     program, the Texas Natural Resource Conservation Commission shall
1-61     waive Section 401 certification, in accordance with the authority
1-62     of the federal Clean Water Act, for those projects for which the
1-63     United States Army Corps of Engineers has conducted a review under
1-64     Section 404(b) of the Act (33 U.S.C. Section 1344); and, be it
 2-1     further
 2-2           RESOLVED, That it is the intent of the legislature that, if
 2-3     some review is required to maintain delegation or approval of a
 2-4     federally delegated or approved program, the Texas Natural Resource
 2-5     Conservation Commission shall develop a review process in
 2-6     compliance with approved water quality standards that is no more
 2-7     stringent than specifically required by federal law that, to the
 2-8     maximum extent practicable, implements acreage thresholds,
 2-9     geographic limitations, expedited review processes, waivers of
2-10     project types, and similar provisions necessary to eliminate
2-11     duplication of federal activities, assist compliance by permit
2-12     applicants, and maintain the state's water quality standards; and,
2-13     be it further
2-14           RESOLVED, That it is the intent of the legislature that
2-15     savings that can be realized from eliminating duplication of United
2-16     States Army Corps of Engineers Section 404 permit evaluations shall
2-17     be utilized by the Texas Natural Resource Conservation Commission
2-18     to implement water quality protection and to take the appropriate
2-19     action to ensure that the state's water quality standards will be
2-20     attained and maintained in all state waters, without unnecessary
2-21     duplication with federal actions.
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