# Section 401 Certification Act

This bill deals with a specific environmental rule that applies when companies want to build projects that might affect water quality—things like dams, power plants, pipelines, or other major construction near rivers, lakes, or coastal areas. Right now, states have the power to approve or reject these projects based on whether they'll harm water quality. This bill would change that by giving the federal government more authority to override state decisions and speed up the approval process.

Here's what that means in practical terms: Currently, if a state says a project will pollute its waters or violate state water quality standards, the project can't move forward, even if the federal government thinks it's a good idea. States use this power to protect their drinking water, fishing industries, and local ecosystems. Under this bill, the federal government would have more ability to push projects through despite state objections, and the timeline for decisions would be shortened. This could make it easier to build large infrastructure projects faster, but it could also mean less protection for local water resources if a state believes a project poses environmental risks.

The bill would primarily affect companies planning major construction projects near water, environmental groups that advocate for water protection, and communities that depend on clean water. States would have less final say over what gets built in their waters. Supporters argue this streamlines development and reduces red tape, while critics worry it weakens environmental safeguards that states have relied on for decades to protect their water supplies and natural resources.

Section 401 Certification Act

Capito, Shelley Moore

Section 401 Certification Act The bill provides statutory authority for the rule published on July 13, 2020, by the Environmental Protection Agency (EPA) entitled Clean Water Act Section 401 Certification Rule. Under Section 401 of the Clean Water Act, an applicant for a federal license or permit to conduct an activity that may result in any discharge into navigable waters must also obtain a certification&#8212;or waiver of such certification&#8212;from a relevant state, intrastate agency, or Indian tribe that the proposed activity will not violate certain water quality requirements of the state or Indian tribe. The rule revised existing regulations, including by limiting the scope of the certification review process as well as the time frame for a state, interstate agency, or Indian tribe to issue a certification.