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.