Ecological Restoration Project Permitting Act of 2026

In this Act:

(1) Administrator. The term Administrator means the Administrator of the Environmental Protection Agency.

(2) Altered or degraded habitat. The term altered or degraded habitat means a habitat in which 1 or more physical, chemical, or biological processes or ecological attributes have been measurably modified by human activity from an appropriate natural, historical, or reference condition, resulting in a reduction in habitat functions and services.

(3) Baseline condition. The term baseline condition, with respect to the site of an ecological restoration project—

(A) means the physical, chemical, or biological condition of a habitat resource and the contributing watershed of that habitat at the site at the time that a complete proposal, report, or pre-construction notification is submitted under section 4 for the ecological restoration project; and

(B) represents the altered and degraded conditions of the site and forms the basis for evaluating net gains in functions and services from the ecological restoration project.

(4) Ecological restoration project

(A) In general. The term ecological restoration project means a project to restore, establish, rehabilitate, protect, enhance, or manage altered or degraded habitats or former habitats in a manner that results in a net increase in habitat functions and services for the area of the project as a whole, including all associated construction activities, materials, and methods directly related to increasing habitat functions and services.

(B) Exclusion. The term ecological restoration project does not include any activity undertaken to fulfill a Federal, State, or local wetland permit requirement, including any such requirement imposed on or after the date of enactment of this Act.

(5) ERP permit. The term ERP permit means the general permit for ecological restoration projects required under section 4(a)(1).

(6) Federal project. The term Federal project means an ecological restoration project that is—

(A) carried out on federally owned land; or

(B) supported in whole or in part by Federal financial assistance (including assistance provided through a passthrough entity or subaward of Federal funding), a Federal cooperative agreement, a Federal conservation easement, or Federal technical assistance.

(7) Habitat functions and services. The term habitat functions and services, with respect to a terrestrial or aquatic habitat, includes the physical, chemical, and biological processes and ecological attributes of the habitat that supports, sustains, or improves—

(A) hydrologic or terrestrial landscape conditions that approximate natural conditions or emulate natural hydrology or landscapes, to the maximum extent practicable;

(B) the quantity, quality, connectivity, and productivity of the habitat for native fish and wildlife;

(C) native plant community composition, structure, and diversity, including treatment of exotic or invasive plant species; or

(D) ecosystem functions, including nutrient removal or transformation, sediment retention, flood control or attenuation, groundwater recharge, erosion reduction, wildfire risk reduction, and protection of adjacent or existing habitats.

(8) Net increase. The term net increase, with respect to terrestrial or aquatic habitat functions and services of a terrestrial or aquatic habitat, means an increase in 1 or more habitat functions and services.

(9) Non-Federal project. The term non-Federal project means an ecological restoration project that is not a Federal project.

(10) Secretary. The term Secretary means the Secretary of the Army, acting through the Chief of Engineers.

(11) Waters of the United States. The term waters of the United States is within the meaning of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).