Page 14 - LIN-December 2024-web-file

From the Desk of
Representative Byron Donalds

Donalds Leads Florida House Republican Delegation In Demanding Answers

Regarding Water Permitting In The Sunshine State
by Congressman Byron Donalds
ongressman Byron Donalds The fiscal year 2024 budget provided for 132 full time staff positions, however,
(R-FL) is leading an initiative to as of April 2024 USACE totaled 126 staff members. This is a modest increase from
the fiscal year 2020 USACE budget which provided for approximately 103 staff
Cdemand much needed answers
positions. Thus, we seek to understand how 132 staff positions could process the
from the U.S. Army Corps of Engineers same workload in which FDEP hired an additional 300 trained and certified staff
(USACE) regarding its implementation of members to complete.
Clean Water Act Section 404 permitting, Additionally, FDEP’s 404 program had Florida-specifications for applicants “at
least as stringent as federal permitting.” We question how USACE is more equipped
following the recent detrimental decision
than FDEP to process 404 applications, since FDEP provided an additional layer
from the U.S. District Court for the of expertise by requiring the state’s Fish and Wildlife Commission’s approval on 404
District of Columbia, which discontinued requests—a feature not required by the USACE or the EPA.
The Chief Regulator of the USACE Jacksonville District also noted the
the State of Florida’s 404 permitting authority. The Donalds
additional workload will require the assistance from the South Atlantic Division
initiative has received the support of the entirety of the Florida and the USACE’s headquarters. This would require staff with no knowledge of
House Republican Delegation. Read the full text of the letter below: Florida to issue or deny permits that solely implicate Florida and its resources. In
fact, the EPA previously stated that “state and tribal regulators are generally more
Lieutenant General Scott A. Spellmon
familiar with local aquatic resources, issues, and needs . . . An efficient state ran
Chief of Engineers and Commanding General
program can help reduce delays and save money for applicants.”
U.S. Army Corps of Engineers
FDEP provided a transparent process by which to obtain information and
441 G Street N.W.
permit applications via the Oculus portal. This portal, no longer used due to the
Washington, D.C. 20314-1000
assumption of duties by USACE, provided real-time and readily available
Dear Lieutenant General Spellmon:
information to potential applicants. As an additional layer of transparency,
We write today as Members of Congress from the Florida Delegation seeking
Florida’s sunshine laws allowed for stakeholders to gather all information necessary
answers relating to the U.S. Army Corps of Engineers’ (USACE) Clean Water
for applications. Thus, we request information on how USACE will keep the
Act (CWA) Section 404 permitting process. On February 15, 2024, the U.S.
404-process transparent and easily accessible to applicants and industry participants
District Court for the District of Columbia revoked the U.S. Environmental
that seek permits.
Protection Agency’s (EPA) designation of the State of Florida—which has been
Finally, we request the formal definition used by USACE in determining
in place for the last three years—to process CWA 404 permits for the purpose
Waters of the United States (WOTUS) and its relationship to state 404 permitting
of “[regulating] the discharge of dredged or fill material into waters of the
moving forward. Due to USACE assuming authority over state 404 permitting,
United States, including wetlands.” As a result of the court’s decision, USACE
applicants must now ask whether their projects will impact the WOTUS as modified
regained stewardship of Section 404 permitting in Florida, and has assumed
by Sackett v. EPA. Previously, under Florida’s permitting authority, applicants
new and pending applications from Florida Department of Environmental
were able to select the state’s wetland designation. Florida’s wetland line in the 404
Protection (FDEP)—however, USACE appears unprepared and untransparent
program is more expansive than the current WOTUS interpretation. Because of the
regarding the approval or denial of these applications. We have concerns that the
lack of current guidance on how Sackett modifies WOTUS, these determinations
recent court’s decision has negatively impacted the economies of Florida and its
are being made on a case-by-case basis until clarity is provided by USACE and,
industries, and provides no greater protection of wildlife or the environment.
ultimately, the EPA. Florida still provides other state wetlands permits under
Therefore, we request a staff level briefing to understand how USACE is state waters, however, now there is additional confusion for applicants who affect
th
processing Section 404 permit applications after the February 15 , 2024
assumable WOTUS. We require further understanding of USACE’s interpretation
court decision.
and implementation of WOTUS as applied to state 404 permits, and how lack of
USACE’s assumption of the Florida 404 program immediately created
clarity impacts applicants.
intense regulatory delays among industries and other applicants trapped in
Considering the above concerns, we ask that USACE provide information on
the bureaucratic backlog.4 The delays in issuances of permits not only cost tens
its efforts to timely issue permits, provide transparency, and address the challenges
of millions of dollars in the near term, but also impacts other infrastructure
created by the D.C. District Court order from February 2024.
downstream such as commercial spaces, housing, charter schools, and roadways.
To assist the undersigned Members of Congress’ concerns on this matter, please
Thus, USACE’s reluctance to readily approve or deny 404 permit applications th
make arrangements to schedule a staff level briefing no later than October 4 , 2024.
burdens the growth of the Sunshine State and the prosperity of its people because
This briefing should include information about any ongoing audits or preparations
projects are located in most Florida counties.
of USACE in handling current or future section 404 permitting in Florida,
Since assuming the 404 permitting program in 2020, FDEP trained
as assumed by USACE. To schedule the briefing, please contact
approximately 300 additional staff and certified wetland evaluators to formally
the office of Congressman Byron Donalds at 202-225-2536.
review 404 applications. While USACE contends they have the appropriate
resources to handle the change of permitting under the 404 program, we are Sincerely,
unsure about this contention. USACE expressed they are “ready to accept permit Byron Donalds (R-FL) Member of Congress Brian Mast (R-FL) Member of Congress
Michael Waltz (R-FL) Member of Congress María Salazar (R-FL) Member of Congress
applications,” however, it is the impression of our offices that the USACE uses
Anna Paulina Luna (R-FL) Member of Congress Greg Steube (R-FL) Member of Congress
their own, distinct 404 permitting process compared to the process utilized
Mario Díaz-Balart (R-FL) Member of Congress Kat Cammack (R-FL) Member of Congress
by FDEP. The February 15th, 2024 court order requires a USACE-specific
Vern Buchanan (R-FL) Member of Congress John Rutherford (R-FL) Member of Congress
application, meaning the whole application process restarts from scratch. Gus Bilirakis (R-FL) Member of Congress Cory Mills (R-FL) Member of Congress
We question how USACE will be able to restart and lessen the backlog of Scott Franklin (R-FL) Member of Congress Bill Posey (R-FL) Member of Congress
“well over 1,000 applications” including those applications previously situated Daniel Webster (R-FL) Member of Congress Laurel Lee (R-FL) Member of Congress
on the state’s desk. Aaron Bean (R-FL) Member of Congress Neal Dunn (R-FL) Member of Congress
Carlos Gimenez (R-FL) Member of Congress Matt Gaetz (R-FL) Member of Congress
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