Ecological Restoration Project Permitting Act of 2026

(a) In general. Not later than 1 year after the date of enactment of this Act, and in accordance with the authorities described in section 4(e)(4), the Secretary shall enter into memoranda of agreement or programmatic agreements with the Administrator, the Secretary of the Interior, the Secretary of Commerce, the Secretary of Agriculture, the Chair of the Council on Environmental Quality, and the Chair of the Advisory Council on Historic Preservation to establish coordinated procedures that apply to the review and verification of ecological restoration projects under the ERP permit, including the procedures to be used by the Secretary to determine whether a proposed ecological restoration project qualifies for verification and what conditions are necessary to ensure compliance with applicable law.

(b) Scope. A memorandum of agreement or programmatic agreement entered into under subsection (a) shall, with respect to ecological restoration projects verified or for which verification is sought under the ERP permit, establish clear roles, points of contact, information requirements, sequencing, and schedules for completing, as applicable—

(1) review under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), including verification decisions, special conditions, and any requirements for preconstruction notification or summary reports under section 4(b);

(2) review under section 10 of the Act of March 3, 1899 (30 Stat. 1151, chapter 425; 33 U.S.C. 403), for work in waters of the United States;

(3) consultation under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) for Federal actions associated with verification under the ERP permit;

(4) compliance with section 306108 of title 54, United States Code, including identification of historic properties, assessment of effects, consultation, and execution of any required agreements;

(5) compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the use of programmatic environmental documents (as defined in section 111 of that Act (42 U.S.C. 4336e)), tiering, and incorporation by reference, as appropriate; and

(6) any other Federal review that the Secretary determines may be commonly required for an ecological restoration project, including compliance with section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341) and the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), as applicable.

(c) Objectives. A memorandum of agreement or programmatic agreement entered into under subsection (a) shall be designed—

(1) to ensure that required reviews are initiated early and completed in a coordinated manner in connection with the verification process under the ERP permit;

(2) to avoid duplicative requests for information by establishing shared information requirements, including baseline conditions and best management practices;

(3) to promote consistent application of eligibility criteria, minimization measures, and permit conditions across districts of the Corps of Engineers; and

(4) to support timely decisionmaking while preserving meaningful opportunities for State and Tribal consultation and public transparency required under applicable law.