The WATER Act of 2025 establishes a new program allowing states to take over certain federal permitting responsibilities for highway, railroad, and public transportation projects that affect waterways. Under this program, states can assume the Army Corps of Engineers' authority to issue permits for discharging dredged or fill material into navigable waters, along with related environmental reviews required under federal law such as the National Environmental Policy Act and Endangered Species Act. All states are eligible to participate through a written agreement with the Corps of Engineers, and participating states must meet the same environmental and procedural standards that would apply if the federal government handled the permits. The program takes effect within 60 days of enactment, with states able to apply within 270 days, and includes safeguards such as federal audits (limited to two audits in the first four years), annual Congressional reporting, and termination provisions if states fail to comply with federal requirements. States can use certain federal transportation funds to cover attorney fees associated with these permitting activities.
Take Action
Your position
Add a comment
to comment on this bill.
Annotate the text
Highlight any passage on the Summary or Full Text tab to attach a note. Annotations appear on the Annotations tab.