Categorical permissions

(a) In general Section 14(a) of the Act of March 3, 1899 (33 U.S.C. 408(a)) is amended— (1) by striking It shall not be lawful and inserting the following: (1) In general It shall not be lawful; and (2) by adding at the end the following: (2) Categorical permissions (A) In general The Secretary shall, by rule, establish categorical permissions for any category of activities for which an application for permission under paragraph (1) may be submitted. (B) Scope In establishing categorical permissions under subparagraph (A), the Secretary shall consider the following: (i) The type and similarity of activities to be included in any specific category. (ii) The geographic area to which the categorical permission will apply. (iii) The type and similarity of the public works with respect to which the categorical permission will apply. (iv) The effects of the activities to be included in a category on the applicable public works and on environmental and cultural resources. (v) Any additional Federal regulatory requirements that apply to the activities to be included in a category. (vi) An appropriate period of validity for the categorical permission. (C) Requirement The Secretary may only establish a categorical permission under this subsection that the Secretary determines will apply to a category of activities that— (i) are similar in nature to activities for which applications for permission are regularly submitted under this section; (ii) will cause only minimal adverse environmental effects when carried out separately; and (iii) will cause only minimal cumulative adverse environmental effects. (D) Public input (i) Scoping process In establishing categorical permissions under this paragraph, the Secretary shall solicit input from non-Federal interests, including landowners, hydropower operators, and resource agencies. (ii) Comment period The Secretary shall make all draft categorical permissions, including any associated analyses and other documentation, available for public review and comment for not less than 30 days. (E) Transparency The Secretary shall publish all categorical permissions established under this paragraph on an appropriate website of the Corps of Engineers, including, for each categorical permission, identification of— (i) the types of activities to which the categorical permission applies; (ii) any specific circumstances that, if present, would cause the categorical permission to not apply to an activity of a type identified under clause (i); (iii) the geographic area to which the categorical permission applies; (iv) the types of public works with respect to which the categorical permission applies; and (v) the period for which the categorical permission is valid. (F) Incorporation into application process (i) Identification in request A non-Federal entity may identify in an application for permission under this subsection any categorical permission that may apply to the activity for which the permission is requested. (ii) Inclusion in completeness determination In informing a non-Federal entity whether an application for permission under this subsection is complete under subsection (d)(1), the Secretary shall include an assessment of whether a categorical permission will apply to the activity for which permission is requested, including an evaluation of the applicability of— (I) any categorical permission identified by the non-Federal entity in the application; and (II) any other categorical permission the Secretary determines appropriate. (G) Limitations Nothing in this paragraph affects— (i) the authority of the Secretary to grant or deny permission under this section; or (ii) any obligation to comply with the provisions of any Federal or State law, including— (I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (II) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and (III) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (H) Deadline for proposed rule Not later than 180 days after the date of enactment of the Water Resources Development Act of 2026, the Secretary shall publish a proposed rule establishing categorical permissions under this paragraph..

(a) In general Section 14(a) of the Act of March 3, 1899 (33 U.S.C. 408(a)) is amended— (1) by striking It shall not be lawful and inserting the following: (1) In general It shall not be lawful; and (2) by adding at the end the following: (2) Categorical permissions (A) In general The Secretary shall, by rule, establish categorical permissions for any category of activities for which an application for permission under paragraph (1) may be submitted. (B) Scope In establishing categorical permissions under subparagraph (A), the Secretary shall consider the following: (i) The type and similarity of activities to be included in any specific category. (ii) The geographic area to which the categorical permission will apply. (iii) The type and similarity of the public works with respect to which the categorical permission will apply. (iv) The effects of the activities to be included in a category on the applicable public works and on environmental and cultural resources. (v) Any additional Federal regulatory requirements that apply to the activities to be included in a category. (vi) An appropriate period of validity for the categorical permission. (C) Requirement The Secretary may only establish a categorical permission under this subsection that the Secretary determines will apply to a category of activities that— (i) are similar in nature to activities for which applications for permission are regularly submitted under this section; (ii) will cause only minimal adverse environmental effects when carried out separately; and (iii) will cause only minimal cumulative adverse environmental effects. (D) Public input (i) Scoping process In establishing categorical permissions under this paragraph, the Secretary shall solicit input from non-Federal interests, including landowners, hydropower operators, and resource agencies. (ii) Comment period The Secretary shall make all draft categorical permissions, including any associated analyses and other documentation, available for public review and comment for not less than 30 days. (E) Transparency The Secretary shall publish all categorical permissions established under this paragraph on an appropriate website of the Corps of Engineers, including, for each categorical permission, identification of— (i) the types of activities to which the categorical permission applies; (ii) any specific circumstances that, if present, would cause the categorical permission to not apply to an activity of a type identified under clause (i); (iii) the geographic area to which the categorical permission applies; (iv) the types of public works with respect to which the categorical permission applies; and (v) the period for which the categorical permission is valid. (F) Incorporation into application process (i) Identification in request A non-Federal entity may identify in an application for permission under this subsection any categorical permission that may apply to the activity for which the permission is requested. (ii) Inclusion in completeness determination In informing a non-Federal entity whether an application for permission under this subsection is complete under subsection (d)(1), the Secretary shall include an assessment of whether a categorical permission will apply to the activity for which permission is requested, including an evaluation of the applicability of— (I) any categorical permission identified by the non-Federal entity in the application; and (II) any other categorical permission the Secretary determines appropriate. (G) Limitations Nothing in this paragraph affects— (i) the authority of the Secretary to grant or deny permission under this section; or (ii) any obligation to comply with the provisions of any Federal or State law, including— (I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (II) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and (III) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (H) Deadline for proposed rule Not later than 180 days after the date of enactment of the Water Resources Development Act of 2026, the Secretary shall publish a proposed rule establishing categorical permissions under this paragraph..