Sponsors (9)
The bill speeds and simplifies Florida's CWA §404 permitting and reduces federal administrative burden for a specified Agency Action, but does so by limiting further ESA review and federal oversight, which raises risks to listed species and reduces transparency and public input.
State of Florida and regulated developers (e.g., utilities and energy companies) can implement CWA §404 permitting for the specified Agency Action without repeating ESA §7 consultation, speeding project approvals and reducing regulatory delays.
Federal agencies and staff avoid duplicative ESA consultation burdens for the specified Agency Action, saving agency time and administrative costs.
Residents near projects covered by the Biological Opinion (rural and urban communities) will have reduced opportunities for additional ESA review, increasing the risk that listed species and habitats receive less scrutiny and protection.
State and local governments and the public will face reduced federal oversight and fewer opportunities for reconsideration or project-specific input, lowering transparency and public participation in permitting decisions.
If the Biological Opinion's incidental-take terms or mitigation prove inadequate, affected species protections may be harder to strengthen later because the statute precludes further ESA consultation for this Agency Action.
Based on analysis of 2 sections of legislative text.
Treats EPA’s approval of Florida’s assumption of CWA §404 permitting and a specific USFWS Biological Opinion as satisfying ESA section 7 consultation, requiring no further consultation for that Agency Action.
Official title: To provide that compliance with a certain biological opinion is deemed to be compliance with the requirements of the Endangered Species Act of 1973 for purposes of a certain agency action, and for other purposes.
Introduced May 22, 2026 by Byron Donalds · Last progress May 22, 2026
Treats the EPA’s December 22, 2020 approval of Florida’s assumption of Clean Water Act §404 permitting and the specified U.S. Fish and Wildlife Service programmatic Biological Opinion as already satisfying the Endangered Species Act section 7 consultation requirement, and states that no further ESA section 7 consultation is required for that Agency Action. Defines the terms “Agency Action,” “Biological Opinion,” and “other activities” for the limited purpose of that determination.