General permits for dredged or fill material disposal in post-disaster recovery

Section 404(e) of the Federal Water Pollution Control Act (33 U.S.C. 1344(e)) is amended by adding at the end the following: (3) General permits for post-disaster recovery activities (A) In general For any geographic area with respect to which the President has declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that a major disaster or emergency exists, the Secretary may issue or modify a general permit under this subsection for any category of activities— (i) the Secretary develops pursuant to a programmatic consultation with the Secretary of the Interior, Secretary of Commerce, and Secretary of Agriculture, as applicable, under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)); and (ii) which activities— (I) are directly related to recovering from the major disaster or emergency; and (II) the Secretary of the Interior, Secretary of Commerce, and Secretary of Agriculture, as applicable, have determined through such programmatic consultation will avoid or minimize adverse effects on any species listed as a threatened species or an endangered species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) and the critical habitat (as such term is defined in section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532)) of such a species when adhering to best management practices described in subparagraph (B). (B) Best management practices A general permit issued or modified under this paragraph shall require the use of best management practices that have been— (i) agreed upon by the Secretary and, as applicable, the Secretary of the Interior, Secretary of Commerce, and Secretary of Agriculture; and (ii) designed to avoid or minimize adverse effects on species listed as threatened species or endangered species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) and the critical habitat (as such term is defined in section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532)) of such species. (C) Period A general permit, or modification to a general permit, issued under this paragraph shall be for the period of 18 months beginning on the date of the declaration of the major disaster or emergency by the President. (D) Effect on individual consultation An activity authorized by a general permit issued or modified under this paragraph and carried out in accordance with the requirements of such general permit is not subject to section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)). (E) Coordination with States The Secretary shall coordinate with relevant State fish and wildlife agencies in carrying out this paragraph, including by engaging with such agencies not later than 30 days after the date of a declaration of a major disaster or emergency by the President. (F) National guidance The Secretary, in consultation with the Secretary of the Interior, the Secretary of Commerce, and the Secretary of Agriculture, shall establish guidance to ensure consistent implementation of this paragraph across each district of the Corps of Engineers..