Hoeven Helps Introduce Legislation to Provide Certainty for Critical Infrastructure Projects

Senators’ Bill Would Help Resolve Uncertainty under Army Corps’ Nationwide Permits

WASHINGTON – Senator John Hoeven today helped introduce legislation, sponsored by Senator John Cornyn (R-Texas), to provide certainty for critical infrastructure projects reliant on the U.S. Army Corps of Engineers’ nationwide permits (NWP) program. The legislation would clarify that the existing NWP process satisfies the requirements of an Endangered Species Act (ESA) consultation, helping to resolve uncertainty for project developers resulting from recent litigation regarding the Army Corps’ use of NWP 12 to approve construction of the Keystone XL pipeline.

The bill would apply to permits issued through December 2026 and cover all types of NWP, which authorize approximately 60,000 activities each year. This would benefit a wide range of industries and projects, including traditional and renewable energy development, transmission lines, pipelines, telecommunications infrastructure and transportation projects.

“The ruling by a federal judge in Montana and associated Supreme Court decision regarding NWP 12 disrupted the Army Corps’ well-established permitting process, opening the door to widespread litigation, delays and increased costs for projects across sectors,” said Hoeven. “This legislation builds on our broader work to reduce the regulatory burden. Doing so helps foster investment in the infrastructure our nation needs, while saving taxpayer dollars.”

In addition to Hoeven and Cornyn, the bill is cosponsored by Senators Kevin Cramer (R-N.D.), Ted Cruz (R-Texas), John Barrasso (R-Wyo.), Shelly Moore Capito (R-W.Va.), James Lankford (R-Okla.), James Inhofe (R-Okla.), Steve Daines (R-Mont.), Thom Tillis (R-N.C.) and Lisa Murkowski (R-Alaska).