Restore Florida Water Independence Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9017 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9017

To provide that compliance with a certain biological opinion is deemed 
to be compliance with the requirements of the Endangered Species Act of 
 1973 for purposes of a certain agency action, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2026

Mr. Donalds (for himself, Mr. Mast, Mr. Moskowitz, Mr. Haridopolos, and 
Mr. Buchanan) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
    Committee on Natural Resources, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To provide that compliance with a certain biological opinion is deemed 
to be compliance with the requirements of the Endangered Species Act of 
 1973 for purposes of a certain agency action, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restore Florida Water Independence 
Act of 2026''.

SEC. 2. COMPLIANCE WITH BIOLOGICAL OPINION RELATED TO DREDGE AND FILL 
              PERMITTING PROGRAM.

    (a) In General.--For purposes of the Agency Action--
            (1) the Biological Opinion is deemed to be compliant with, 
        and compliance with the Biological Opinion is deemed to be 
        compliance with, the requirements of the Endangered Species Act 
        of 1973 (16 U.S.C. 1531 et seq.); and
            (2) no additional consultation under section 7(a) of that 
        Act (16 U.S.C. 1536(a)) is required.
    (b) Definitions.--In this section:
            (1) Agency action.--The term ``Agency Action''--
                    (A) means the approval by the Administrator of the 
                Environmental Protection Agency of the request of the 
                State of Florida for the assumption by the State of 
                Florida of the administration and permitting of a State 
                permit program under section 404 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1344), as described in 
                the notice published by the Environmental Protection 
                Agency titled ``EPA's Approval of Florida's Clean Water 
                Act Section 404 Assumption Request'' (December 22, 
                2020; 85 Fed. Reg. 83553); and
                    (B) includes other activities.
            (2) Biological opinion.--The term ``Biological Opinion''--
                    (A) means the programmatic biological opinion 
                issued by the United States Fish and Wildlife Service 
                titled ``Programmatic Biological Opinion for 
                Environmental Protection Agency's Approval of FDEP's 
                Assumption of the Administration of the Dredge and Fill 
                Permitting Program under Section 404 of the Clean Water 
                Act'' (dated November 17, 2020; FWS Log #: 04E00000-
                2021-F-0001; 04E00000-2021-B-0001); and
                    (B) includes the incidental take statement 
                described in pages 69 through 73 of the programmatic 
                biological opinion.
            (3) Other activities.--The term ``other activities'' has 
        the meaning given the term in the glossary of the Biological 
        Opinion.
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