U.S. Sen. John Hoeven (R-ND) on Aug. 3 joined several Republicans from other energy-producing states to introduce a bill that aims to streamline critical infrastructure projects reliant on the U.S. Army Corps of Engineers’ Nationwide Permits (NWP) program.
“This legislation builds on our broader work to reduce the regulatory burden,” said Sen. Hoeven. “Doing so helps foster investment in the infrastructure our nation needs while saving taxpayer dollars.”
Sen. Hoeven cosponsored S. 4402 with bill sponsor U.S. Sen. John Cornyn (R-TX) to amend the Federal Water Pollution Control Act to clarify certain activities that would have been authorized under NWP 12 and other NWP, according to the congressional record bill summary.
Specifically, the bill concerns the Northern Plains Resource Council lawsuit against the Corps in which a Montana judge in April vacated the Corps’ NWP 12 program and prevented it from using the permits to authorize construction across waterways, according to an S&P Global report.
The U.S. Supreme Court later ruled to resume the permits, except for TC Energy’s long-delayed Keystone XL pipeline project from Alberta to Nebraska. TC Energy said last week that it plans to pursue “other permitting means” to authorize waterway crossings and get the project back on track, according to S&P Global.
“The ruling by a federal judge in Montana and associated Supreme Court decision regarding NWP 12 disrupted the Army Corps’ well-established permitting process, opening the door to widespread litigation, delays and increased costs for projects across sectors,” Sen. Hoeven said.
If enacted, S. 4402 would clarify that the existing NWP process satisfies the requirements of an Endangered Species Act consultation, according to a bill summary provided by Sen. Hoeven’s office, and would apply to permits issued through December 2026 that cover all types of NWP for a wide range of industries and projects, including traditional and renewable energy development, transmission lines, pipelines, telecommunications infrastructure, and transportation projects.
In addition to Sen. Hoeven, S. 4402 is cosponsored by nine other GOP lawmakers, including U.S. Sens. Shelly Moore Capito (R-WV), Steve Daines (R-MT), and Thom Tillis (R-NC).