Sponsors (2)
The bill speeds delivery of highways, rail, and transit by letting States take over federal permitting (and paying associated legal fees from federal highway funds) in exchange for increased risk of weaker environmental oversight, funding diversion, uneven standards, and more litigation.
State governments, local governments, and residents near projects: States can assume federal permitting for highways, railroads, and transit, speeding approvals and construction by cutting federal permitting steps.
State governments: may use Federal-aid highway funds to pay attorneys' fees related to covered projects, reducing immediate State budget pressure associated with taking on permitting duties.
State governments, local governments, and the public: the program requires audits, public comment, and annual reporting to Congress, increasing transparency and accountability for delegated permitting.
Homeowners, local communities, and the environment: transferring federal permitting authority to States could reduce federal oversight and lead to weaker environmental protections in some States.
Taxpayers, drivers, and state transportation systems: allowing States to use federal highway funds for legal fees may divert money away from construction and maintenance of roads and transit.
Transportation project sponsors, opponents, and local governments: variation in State capacity and standards could produce inconsistent permitting rules and legal uncertainty across States.
Based on analysis of 2 sections of legislative text.
Authorizes the Army Corps and EPA to assign CWA §404 permitting and related federal environmental reviews for highway, railroad, and public transit projects to States by agreement.
Introduced December 3, 2025 by Jon Husted · Last progress December 3, 2025
Creates a program that lets the Army Corps of Engineers and EPA transfer (by written agreement) their Clean Water Act section 404 permitting duties for highway, railroad, and public transit projects to a State. The transfer can include federal environmental reviews tied to those permits (like NEPA, Endangered Species Act consultations, and certain historic-preservation reviews) and, where needed, limited Rivers and Harbors Act section 10 permitting. States that take on these duties must follow the same procedural and substantive requirements the Army Corps would follow and ensure compliance; the program must be set up within 60 days of enactment. The law adopts key Clean Water Act definitions (for example, "navigable waters" and "State").