Bean Amendment Protecting Florida from Federal Overreach Passes the House

WASHINGTON—Today, U.S. Congressman Aaron Bean (FL-04) released the following statement praising the House of Representatives’ passage of his amendment to codify the Florida’s 404 Program, as part of H.R. 7023, “Creating Confidence in Clean Water Permitting Act.”

Ahead of the vote, Congressman Bean spoke on the House floor in support of his amendment.

“I’m excited to share that my amendment to protect Florida’s 404 Program from federal overreach has passed. We have to be good stewards of our unique natural resources in the Sunshine State, and my amendment continues to give Florida the flexibility to make the decisions that are best for us. We will reduce project costs and save taxpayer dollars, all while improving responsiveness to applicants and the communities’ projects they serve,” said Congressman Bean.

“The ability for states to have the power to regulate their own natural resources is vital, especially for a state like Florida where its growing economy is contingent on the continued protection of its environment,” said DEP Secretary Shawn Hamilton “Congress’ action today is a testament to cooperative federalism, and I applaud Congressman Bean for championing this effort.”

BACKGROUND

• In 2018, Florida’s Legislature passed a bill that gave DEP authority to begin the public rulemaking process to better protect the state's wetlands and surface waters by assuming the federal dredge and fill permitting program under section 404 of the federal Clean Water Act within certain waters. 
   
• The State 404 Program is responsible for overseeing permitting for any project proposing dredge or fill activities within state assumed waters.
   
• On Feb. 15, 2024, a federal judge issues an order divesting the Florida Department of Environmental Protection (DEP) of its authority to issue State 404 Program permits in Florida.
   
• More than 1,000 State 404 permit applications were pending before DEP and are presently disrupted. Beyond just large-scale development projects this decision directly impeded efforts to review and authorize a wide range of 404 permit applications that benefit the environment and public.

A copy of Congressman Bean’s amendment can be found HERE.

Fast Facts on Florida’s 404 Program can be found HERE.

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