00                     SENATE JOINT RESOLUTION NO. 12 am                                                                  
01 Supporting action by the United States Congress to authorize and appropriate adequate                                   
02 funding for states that assume the dredge and fill permitting program under Section 404                                 
03 of the Clean Water Act; supporting the creation of a separate United States                                             
04 Environmental Protection Agency region for the state; and expressing the intention of                                   
05 the state to assume jurisdiction over the program when funding is available.                                            
06 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
07       WHEREAS it is the intent of Congress that states have the option to assume                                      
08 jurisdiction over the dredge and fill permitting program under Section 404 of the Clean Water                           
09 Act; and                                                                                                                
10       WHEREAS the goals of the state in assuming primacy are to maintain wetland                                      
11 protection, achieve consistency in program administration, and streamline the permit process;                           
12 and                                                                                                                     
13 WHEREAS the United States Environmental Protection Agency and the United                                              
14 States Army Corps of Engineers are required to work with each state to develop guidelines                               
15 and processes for assuming primacy of the permitting program under Section 404 of the Clean                             

01 Water Act; and                                                                                                        
02       WHEREAS the United States Environmental Protection Agency created a federal                                     
03 advisory subcommittee to address the lack of clarity surrounding the identification of                                  
04 assumable and nonassumable water; and                                                                                   
05       WHEREAS the United States Environmental Protection Agency is in the process of                                  
06 revising the guiding regulations for state assumption of Section 404 primacy with the goal of                           
07 increasing clarity and facilitating state assumption of primacy; and                                                    
08       WHEREAS, with the exception of a few states and tribes seeking or considering                                   
09 seeking assumption of primacy, most states and tribes remain reluctant to assume primacy of                             
10 the permitting program under Section 404 of the Clean Water Act primarily due to a lack of                              
11 funding to implement the program; and                                                                                   
12 WHEREAS the United States Environmental Protection Agency Region 10 is based                                          
13 in Seattle, Washington, with its primary office in Seattle and not in the state; and                                    
14 WHEREAS the state presents unique geographic and physical features that make it                                       
15 reasonable and necessary for the state to have a separate United States Environmental                                   
16 Protection Agency region that is distinct from other states in the Pacific Northwest; and                               
17 WHEREAS, under a permitting program assumed by the state under Section 404 of                                         
18 the Clean Water Act, the state will have control of permitting priorities, leading to potential                         
19 time and cost savings through a more coordinated permitting process without compromising                                
20 regulatory standards, requirements, or environmental protection; and                                                    
21 WHEREAS permits authorized under a permitting program assumed by the state                                            
22 under Section 404 of the Clean Water Act will reflect the unique conditions of the state with                           
23 state-specific program guidance and include state implementation of mitigation requirements                             
24 with stable, risk-based, and predictable enforcement; and                                                               
25 WHEREAS the state manages limited fiscal resources that would make it challenging                                     
26 to fully fund a permitting program assumed by the state under Section 404 of the Clean Water                            
27 Act, despite significant benefits of the state assuming primacy; and                                                    
28 WHEREAS other primacy programs receive federal funding for state implementation;                                      
29 BE IT RESOLVED that the Alaska State Legislature supports action by the United                                        
30 States Congress to effectuate the intent of Congress that states assume primacy of dredge and                           
31 fill permitting programs under Section 404 of the Clean Water Act by authorizing and                                    

01 appropriating adequate funding for states to have the option to assume primacy under Section                            
02 404 of the Clean Water Act; and be it                                                                                   
03       FURTHER RESOLVED that the Alaska State Legislature supports the creation of a                                   
04 separate United States Environmental Protection Agency region for the state with sufficient                             
05 resources to reasonably perform their services in a timely and efficient manner; and be it                            
06       FURTHER RESOLVED that the Alaska State Legislature supports federal funding                                     
07 for states to implement the dredge and fill permitting responsibilities under Section 404 of the                        
08 Clean Water Act.                                                                                                        
09       COPIES of this resolution shall be sent to the Honorable Joseph R. Biden, President                             
10 of the United States; the Honorable Kamala D. Harris, Vice President of the United States and                           
11 President of the U.S. Senate; the Honorable Kevin McCarthy, Speaker of the U.S. House of                                
12 Representatives; the Honorable Michael S. Regan, Administrator of the U.S. Environmental                                
13 Protection Agency; and the Honorable Lisa Murkowski and the Honorable Dan Sullivan, U.S.                                
14 Senators, and the Honorable Mary Peltola, U.S. Representative, members of the Alaska                                    
15 delegation in Congress.