What does Preamble of DEEP Act do?

This bill requires the Secretary of the Army, acting through the Chief of Engineers, to propose a new nationwide permit under the Federal Water Pollution Control Act. The proposed permit would be specifically for dredging projects. The bill also includes provisions for 'other purposes,' though these are not detailed in this section.

What does SHORT TITLE. of DEEP Act do?

This bill is formally titled the Dredging to Ensure the Empowerment of Ports Act.

What does DEFINITIONS. of DEEP Act do?

This section defines terms used throughout the Act. A 'certifying authority' is the State or interstate water pollution control agency from which certification is requested under section 401 of the Federal Water Pollution Control Act. A 'dredging project' is a project permitted or solicited by the Secretary involving the dredging of a port or navigation channel within the navigable waters of the United States. Dredging projects include activities to maintain, expand, or deepen a port up to a depth of 60 feet. The definition of 'navigable waters of the United States' is the same as defined in section 2101 of title 46, United States Code. ‘NWP’ refers to the new nationwide permit the Secretary is required to propose under section 3(a). A 'permittee' is an individual or entity proposing an activity under section 4(a)(1) to be carried out under the NWP. The 'Secretary' is the Secretary of the Army, acting through the Chief of Engineers.

What does DREDGING PROJECT NATIONWIDE PERMIT. of DEEP Act do?

This section establishes a process for proposing and issuing a nationwide permit (NWP) for federal and non-federal dredging projects within navigable waters of the United States. The Secretary is required to propose a new NWP within 60 days of the Act's enactment and issue a final NWP within 60 days of completing National Environmental Policy Act (NEPA) requirements. Regional conditions for the NWP must be proposed by Division Engineers. The NWP will be valid for a term not exceeding 10 years. NEPA requirements, including environmental impact statements or assessments, must be completed within two years of the proposal. The Secretary shall not consider alternatives or conditions that are not technically or economically feasible for permittees. State or interstate water pollution control agencies have a limited timeframe (14 days) to determine if a certification application is complete, and a maximum of one year to act on a complete application. The Secretary shall only issue guidelines for activities under the NWP that are technologically and economically feasible. Full compliance with the Federal Water Pollution Control Act is deemed a grant of permission under the Rivers and Harbors Act of 1899. This Act does not require an additional permit under the Rivers and Harbors Act of 1899.

What does PROPOSED ACTIVITIES UNDER THE NATIONWIDE PERMIT. of DEEP Act do?

This section outlines the process for proposed activities under the Nationwide Permit (NWP), requiring permittees to notify the Secretary and seek written approval. The Secretary must notify a permittee within 14 days if an application is complete, and provide a list of missing information if incomplete. If an application is complete, the Secretary has 30 days to approve or deny the activity, providing reasons and mitigation recommendations upon denial. If the Secretary fails to respond within specified deadlines, the proposed activity is deemed in compliance with the NWP. The Secretary has flexibility in determining mitigation requirements, provided they are technically and economically feasible and within their jurisdiction. If a proposed activity may significantly affect the environment, the Secretary can mitigate impacts without requiring full compliance with the National Environmental Policy Act (NEPA). If the NWP requires a water quality certification, certifying authorities must determine application completeness within 14 days. Failure by a certifying authority to make a determination within the timeframe results in the certification being considered complete. Certifying authorities must provide a detailed list of missing items if an application is incomplete.

What does DREDGING; DREDGED MATERIAL. of DEEP Act do?

This section repeals section 55109 of title 46, United States Code. It amends the analysis for chapter 551 of title 46, United States Code, to reflect the repeal of section 55109. Section 55110 of title 46, United States Code, is amended to exclude dredged material from transportation requirements. The section heading of 55110 is modified to reflect the exclusion of dredged material. The analysis for chapter 551 of title 46, United States Code, is amended to reflect the change to section 55110.

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DEEP Act

Last updated: 6/11/2026 · Introduced: 6/11/2026

Author: Mike Lee (R-UT)

TL;DR (AI)

This bill directs the Secretary of the Army to establish a new nationwide permit specifically for dredging projects in U.S. navigable waters, streamlining the permitting process for port maintenance and expansion.
The Act sets deadlines for permit application processing and certification, limiting the timeframe for state agencies to review applications and requiring timely responses from the Secretary of the Army.
This bill modifies transportation requirements related to dredged material and repeals a section of title 46, United States Code, concerning dredged material.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title., and 4 more.

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