[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3898 Reported in House (RH)]
<DOC>
Union Calendar No. 145
119th CONGRESS
1st Session
H. R. 3898
[Report No. 119-180]
To amend the Federal Water Pollution Control Act to make targeted
reforms with respect to waters of the United States and other matters,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2025
Mr. Collins (for himself and Mr. Graves) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
July 2, 2025
Additional sponsors: Mr. LaMalfa, Mr. Rouzer, Mr. Hurd of Colorado, Mr.
Owens, Mr. Stauber, Mr. Crawford, and Mr. Taylor
July 2, 2025
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on June
11, 2025]
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to make targeted
reforms with respect to waters of the United States and other matters,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Promoting
Efficient Review for Modern Infrastructure Today Act'' or the ``PERMIT
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Water quality standards attainability.
Sec. 3. Water quality criteria development and transparency.
Sec. 4. Water quality technology availability.
Sec. 5. Improving water quality certifications and American energy
infrastructure.
Sec. 6. Clarifying Federal general permits.
Sec. 7. NPDES permit terms.
Sec. 8. Confidence in clean water permits.
Sec. 9. Forest protection and wildland firefighter safety.
Sec. 10. Agricultural stormwater discharge.
Sec. 11. Reducing regulatory burdens.
Sec. 12. Reducing permitting uncertainty.
Sec. 13. Nationwide permitting improvement.
Sec. 14. Deadline for request for submission of additional information
for permit programs for dredged or fill
material.
Sec. 15. Judicial review timeline clarity.
Sec. 16. Restoring federalism in clean water permitting.
Sec. 17. Jurisdictional determination backlog reduction.
Sec. 18. Definition of navigable waters.
Sec. 19. Applicability of Spill Prevention, Control, and Countermeasure
rule.
Sec. 20. Coordination with Federal Permitting Improvement Steering
Council.
Sec. 21. Sense of Congress on Chesapeake Bay Watershed Agreement.
SEC. 2. WATER QUALITY STANDARDS ATTAINABILITY.
(a) State Water Quality Standards.--Section 303(c) (33 U.S.C.
1313(c)) of the Federal Water Pollution Control Act is amended--
(1) in paragraph (1)--
(A) by striking ``The Governor of a State'' and
inserting ``(A) The Governor of a State''; and
(B) by striking ``Results of such review shall be
made available to the Administrator.'' and inserting
the following:
``(B) Reviews under this paragraph shall include review, for
purposes of ensuring that combined sewer overflow controls are cost
effective, of any water quality standard applicable to a body of water
into which, pursuant to a permit, order, or decree issued pursuant to
this Act, a municipal combined storm and sanitary sewer discharges.
``(C) Results of each review under this paragraph shall be made
available to the Administrator.''; and
(2) in paragraph (2)(A)--
(A) by inserting ``(i)'' before ``their use and
value for public water supplies'';
(B) by striking ``, and also taking into
consideration'' and inserting ``; (ii)''; and
(C) by inserting before the period at the end the
following: ``; and (iii) the cost and commercial
availability in the United States of treatment
technologies (including whether the technologies have
been demonstrated at an applicable scale) that may be
required to be applied to point sources in order to
result in compliance with such standards''.
(b) State Water Quality Criteria.--Section 304(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1314(a)) is amended by adding at
the end the following new paragraph:
``(10) Consideration of treatment technologies.--In
developing or revising water quality criteria under this
subsection, the Administrator shall take into consideration the
cost and commercial availability in the United States of
treatment technologies (including whether the technologies have
been demonstrated at an applicable scale) that may be required
to be applied to point sources in order to result in compliance
with water quality standards adopted or promulgated under
section 303.''.
SEC. 3. WATER QUALITY CRITERIA DEVELOPMENT AND TRANSPARENCY.
(a) Information and Guidelines.--Section 304(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1314(a)) is further amended by
adding at the end the following:
``(11) Administrative procedure.--After the date of
enactment of this paragraph, the Administrator shall issue any
new or revised water quality criteria under paragraph (1) or
(9) by rule.''.
(b) Administrative Procedure and Judicial Review.--Section
509(b)(1) of the Federal Water Pollution Control Act (33 U.S.C.
1369(b)(1)) is amended--
(1) by striking ``section 402, and'' and inserting
``section 402,''; and
(2) by inserting ``and (H) in issuing any criteria for
water quality pursuant to section 304(a)(11),'' after
``strategy under section 304(l),''.
SEC. 4. WATER QUALITY TECHNOLOGY AVAILABILITY.
Section 304(b) of the Federal Water Pollution Control Act (33
U.S.C. 1314(b)) is amended--
(1) in paragraph (1)(B), by inserting ``the commercial
availability in the United States of the technology (including
whether the technology has been demonstrated at an applicable
scale),'' before ``and such other factors'';
(2) in paragraph (2)(B), by inserting ``the commercial
availability in the United States of the technology (including
whether the technology has been demonstrated at an applicable
scale),'' before ``and such other factors''; and
(3) in paragraph (4)(B), by inserting ``the commercial
availability in the United States of the technology (including
whether the technology has been demonstrated at an applicable
scale),'' before ``and such other factors''.
SEC. 5. IMPROVING WATER QUALITY CERTIFICATIONS AND AMERICAN ENERGY
INFRASTRUCTURE.
Section 401 of the Federal Water Pollution Control Act (33 U.S.C.
1341) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by striking
``may result'' and inserting ``may directly
result'';
(ii) in the second sentence, by striking
``activity'' and inserting ``discharge'';
(iii) in the third sentence, by striking
``applications'' each place it appears and
inserting ``requests'';
(iv) in the fifth sentence, by striking
``act on a request for certification, within a
reasonable period of time (which shall not
exceed one year) after receipt of such request,
the certification requirements of this
subsection'' and inserting ``grant the request
for certification with or without conditions,
deny the request for certification, or waive
the requirement for certification under this
subsection with respect to such Federal
application, within a reasonable period of time
to be determined by the licensing or permitting
agency (which shall not exceed one year) after
receipt of such request, the requirement for
certification under this subsection'';
(v) in the sixth sentence, by striking
``waived as provided in the preceding
sentence'' and inserting ``waived under this
paragraph''; and
(vi) by inserting after the fourth sentence
the following: ``Not later than 30 days after
the date of enactment of the PERMIT Act, each
State and interstate agency that has authority
to give such a certification, and the
Administrator, shall publish requirements for
certification to demonstrate to such State,
such interstate agency, or the Administrator,
as the case may be, compliance with the
applicable provisions of sections 301, 302,
303, 306, and 307. A decision to grant or deny
a request for certification shall be based only
on compliance with the applicable provisions of
sections 301, 302, 303, 306, and 307, and the
grounds for the decision shall be set forth in
writing and provided to the applicant. Not
later than 90 days after receipt of a request
for certification, the State, interstate
agency, or Administrator, as the case may be,
shall identify in writing all specific
additional materials or information necessary
for the request for certification to be
complete, as described in subsection (g). The
State, interstate agency, or the Administrator,
as the case may be, may grant a request for
certification with or without conditions, deny
a request for certification, or waive the
requirement for certification under this
subsection with respect to such Federal
application.'';
(B) in paragraph (2)--
(i) in the second sentence, by striking
``notice of application for such Federal
license or permit'' and inserting ``receipt of
a notice under the preceding sentence'';
(ii) in the third sentence--
(I) by striking ``any water quality
requirement in such State'' and
inserting ``any water quality standard
in effect for the State under section
303''; and
(II) by inserting before the period
``at a time that is agreed to by such
State and the applicant'';
(iii) in the fifth sentence, by striking
``insure compliance with applicable water
quality requirements.'' and inserting ``ensure
compliance with the applicable provisions of
sections 301, 302, 303, 306, and 307.'';
(iv) in the final sentence, by striking
``insure'' and inserting ``ensure'';
(v) by striking the first sentence and
inserting ``On receipt of a request for
certification, the certifying State or
interstate agency, as applicable, shall
immediately notify the Administrator of the
request.''; and
(vi) by inserting after the second sentence
the following: ``If the Administrator
determines under the preceding sentence that
such a discharge will not affect the waters of
any other State, no such notification is
required.'';
(C) in paragraph (3)--
(i) in the first sentence, by striking
``there will be compliance'' and inserting
``any such discharge will comply''; and
(ii) in the second sentence, by striking
``section'' and inserting ``any applicable
provision of section'';
(D) in paragraph (4)--
(i) in the first sentence--
(I) by inserting ``directly''
before ``result in any discharge''; and
(II) by striking ``applicable
effluent limitations or other
limitations or other applicable water
quality requirements will not be
violated'' and inserting ``no
applicable provision of section 301,
302, 303, 306, or 307 will be
violated'';
(ii) in the second sentence, by striking
``will violate applicable effluent limitations
or other limitations or other water quality
requirements'' and inserting ``will directly
result in a discharge that violates an
applicable provision of section 301, 302, 303,
306, or 307,''; and
(iii) in the third sentence, by striking
``such facility or activity will not violate
the applicable provisions'' and inserting
``operation of such facility or activity will
not directly result in a discharge that
violates any applicable provision''; and
(E) in paragraph (5), by striking ``the applicable
provisions'' and inserting ``any applicable
provision'';
(2) in subsection (b), by striking ``Nothing in this
section'' and inserting ``Except as provided in subsection (e),
nothing in this section'';
(3) in subsection (d), by striking ``applicant for a
Federal license or permit will comply with any applicable
effluent limitations and other limitations, under section 301
or 302 of this Act, standard of performance under section 306
of this Act, or prohibition, effluent standard, or pretreatment
standard under section 307 of this Act, and with any other
appropriate requirement of State law set forth in such
certification, and shall become a condition on any Federal
license or permit subject to the provisions of this section''
and inserting ``discharge subject to this section will comply
with the applicable provisions of sections 301, 302, 303, 306,
and 307, and any such limitations or requirements shall be
imposed by the licensing or permitting agency as a condition on
any Federal license or permit subject to the provisions of this
section''; and
(4) by adding at the end the following:
``(e) Notwithstanding section 505, any condition imposed on a
Federal license or permit by a licensing or permitting agency under
this section may be enforced only by such licensing or permitting
agency.
``(f) For purposes of this section, the applicable provisions of
sections 301, 302, 303, 306, and 307 are any applicable effluent
limitations and other limitations under section 301 or 302, any water
quality standard in effect for a State under section 303, any standard
of performance under section 306, and any prohibition, effluent
standard, or pretreatment standard under section 307.
``(g) A request for certification under this section shall be made
in writing to the State, interstate agency, or Administrator, as the
case may be. A complete request for certification shall consist of the
following:
``(1) Identification of each applicant for the Federal
license or permit with respect to which the certification is
requested.
``(2) A statement that information included in the request
for certification is truthful, accurate, and complete, to the
best knowledge of each such applicant.
``(3) In the case of a request for certification with
respect to an individual permit or license--
``(A) identification of the Federal license or
permit that is the subject of the application with
respect to which the certification is requested;
``(B) identification of any activity the conduct of
which is subject to such Federal license or permit;
``(C) identification of the location and nature of
any discharge that may directly result from such
activity, and the location of the receiving waters;
``(D) a description of means that may be used to
monitor, control, or manage any such discharge; and
``(E) a list of all other Federal, interstate,
Tribal, State, or local agency authorizations required
for the conduct of such activity, and any approval or
denial of such an authorization already received.
``(4) In the case of a request for certification with
respect to the issuance of a general license or general
permit--
``(A) identification of the proposed categories of
activities to be covered by the general license or
general permit for which certification is requested;
``(B) a description of the proposed general license
or general permit, which may include a draft of the
proposed general license or permit; and
``(C) an estimate of the number of discharges
expected to result from the proposed general license or
general permit annually.''.
SEC. 6. CLARIFYING FEDERAL GENERAL PERMITS.
Section 402(a) of the Federal Water Pollution Control Act (33
U.S.C. 1342(a)) is amended by adding at the end the following:
``(6) General permits.--
``(A) Permits authorized.--The Administrator may
issue general permits under this section on a State,
regional, or nationwide basis, or for a delineated
area, for discharges associated with any category of
activities, which discharges are of similar types and
from similar sources.
``(B) Permit expiration notification requirement.--
If a general permit issued under this section will
expire and the Administrator decides not to issue a new
general permit for discharges similar to those covered
by the expiring general permit, the Administrator shall
publish in the Federal Register a notice of such
decision at least two years prior to the expiration of
the general permit.
``(C) Application of permit terms of an expired
permit.--
``(i) In general.--If a general permit
issued under this section expires and the
Administrator has not published a notice in
accordance with subparagraph (B), the
Administrator shall, until the date described
in clause (ii)--
``(I) continue to apply the terms,
conditions, and requirements of the
expired general permit to any discharge
that was covered by the expired general
permit; and
``(II) apply such terms,
conditions, and requirements to any
discharge that would have been covered
by the expired general permit (in
accordance with any relevant
requirements for such coverage) if the
discharge had occurred before such
expiration.
``(ii) Date described.--The date described
in this clause is the earlier of--
``(I) the date on which the
Administrator issues a new general
permit for discharges similar to those
covered by the expired general permit;
or
``(II) the date that is two years
after the date on which the
Administrator publishes in the Federal
Register a notice of a decision not to
issue a new general permit for
discharges similar to those covered by
the expired general permit.''.
SEC. 7. NPDES PERMIT TERMS.
Section 402(b)(1)(B) of the Federal Water Pollution Control Act (33
U.S.C. 1342(b)(1)(B)) is amended by striking ``five years'' and
inserting ``ten years''.
SEC. 8. CONFIDENCE IN CLEAN WATER PERMITS.
(a) Compliance With Permits.--Section 402(k) of the Federal Water
Pollution Control Act (33 U.S.C. 1342(k)) is amended--
(1) by striking ``(k) Compliance with'' and inserting the
following:
``(k) Compliance With Permits.--
``(1) In general.--Subject to paragraph (2), compliance
with''; and
(2) by adding at the end the following:
``(2) Scope.--For purposes of paragraph (1), compliance
with the conditions of a permit issued under this section shall
be considered compliance with respect to a discharge of--
``(A) any pollutant for which an effluent
limitation is included in the permit; and
``(B) any pollutant for which an effluent
limitation is not included in the permit that is--
``(i) specifically identified as controlled
or monitored through indicator parameters in
the permit, the fact sheet for the permit, or
the administrative record relating to the
permit;
``(ii) specifically identified during the
permit application process as present in
discharges to which the permit will apply; or
``(iii) whether or not specifically
identified in the permit or during the permit
application process--
``(I) present in any waste streams
or processes of the point source to
which the permit applies, which waste
streams or processes are specifically
identified during the permit
application process; or
``(II) otherwise within the scope
of any operations of the point source
to which the permit applies, which
scope of operations is specifically
identified during the permit
application process.''.
(b) Expression of Water Quality-Based Effluent Limitations.--
Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342)
is amended by adding at the end the following:
``(t) Expression of Water Quality-Based Effluent Limitations.--If
the Administrator (or a State, in the case of a permit program approved
by the Administrator) determines that a water quality-based limitation
on a discharge of a pollutant is necessary to include in a permit under
this section in addition to any appropriate technology-based effluent
limitations included in such permit, the Administrator (or the State)
may include such water quality-based limitation in such permit only in
the form of a limitation that--
``(1) specifies the pollutant to which it applies; and
``(2) clearly describes the manner in which compliance with
the limitation may be achieved, which shall include--
``(A) a numerical limit on the discharge of such
pollutant;
``(B) a narrative description of required actions
to be applied to the discharge (including any measures
or practices required to be applied); or
``(C) a narrative description of a limitation on
the discharge that specifies the level of control to be
applied.''.
SEC. 9. FOREST PROTECTION AND WILDLAND FIREFIGHTER SAFETY.
Section 402(l)(3)(A) of the Federal Water Pollution Control Act (33
U.S.C. 1342(l)(3)(A)) is amended--
(1) by striking ``for a discharge from'' and inserting the
following: ``for--
``(i) a discharge from'';
(2) in clause (i) (as so designated), by striking the
period at the end and inserting ``; or''; and
(3) by adding at the end the following:
``(ii) a discharge resulting from the
aerial application of a product used for fire
control and suppression purposes that appears
on the most current Forest Service Qualified
Products List (or any successor list).''.
SEC. 10. AGRICULTURAL STORMWATER DISCHARGE.
Section 402(l) of the Federal Water Pollution Control Act (33
U.S.C. 1342(l)) is amended by adding at the end the following:
``(4) Agricultural stormwater discharge.--
``(A) In general.--The Administrator shall not
require a permit, nor directly or indirectly require
any State to require a permit, under this section for
discharges of stormwater, including from subsurface
drainage, from agricultural land that occur in direct
response to a precipitation event.
``(B) Agricultural land defined.--In this
paragraph, the term `agricultural land' includes--
``(i) land on which an agricultural input
(such as manure and other crop nutrients, crop
protection, or seed) is applied;
``(ii) land on which animals (including
fish and shellfish), crops (including fruit and
nut trees), crop residue, plants, seed, or
vegetation are present for purposes of farming
or ranching; and
``(iii) land that is--
``(I) immediately adjacent to, and
functionally related to, land described
in clause (i) or (ii); and
``(II) necessary to support
agricultural production, soil
conservation, flood control, or water
quality.''.
SEC. 11. REDUCING REGULATORY BURDENS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is further amended by adding at the end the following:
``(u) Discharges of Pesticides.--
``(1) No permit requirement.--Except as provided in
paragraph (2), a permit shall not be required by the
Administrator or a State under this Act for a discharge from a
point source into navigable waters of a pesticide authorized
for sale, distribution, or use under the Federal Insecticide,
Fungicide, and Rodenticide Act, or the residue of such a
pesticide, resulting from the application of such pesticide.
``(2) Exceptions.--Paragraph (1) shall not apply to the
following discharges of a pesticide or pesticide residue:
``(A) A discharge resulting from the application of
a pesticide in violation of a provision of the Federal
Insecticide, Fungicide, and Rodenticide Act that is
relevant to protecting water quality, if--
``(i) the discharge would not have occurred
but for the violation; or
``(ii) the amount of pesticide or pesticide
residue in the discharge is greater than would
have occurred without the violation.
``(B) Stormwater discharges subject to regulation
under subsection (p).
``(C) The following discharges subject to
regulation under this section:
``(i) Manufacturing or industrial effluent.
``(ii) Treatment works effluent.
``(iii) Discharges incidental to the normal
operation of a vessel, including a discharge
resulting from ballasting operations or vessel
biofouling prevention.''.
SEC. 12. REDUCING PERMITTING UNCERTAINTY.
(a) In General.--Section 404(c) of the Federal Water Pollution
Control Act (33 U.S.C. 1344(c)) is amended--
(1) by striking ``(c) The Administrator'' and inserting the
following:
``(c) Specification or Use of Defined Area.--
``(1) In general.--The Administrator'';
(2) in paragraph (1), as so designated, by inserting
``during the period described in paragraph (2) and'' before
``after notice and opportunity for public hearings''; and
(3) by adding at the end the following:
``(2) Period of prohibition.--The period during which the
Administrator may prohibit the specification (including the
withdrawal of specification) of any defined area as a disposal
site, or deny or restrict the use of any defined area for
specification (including the withdrawal of specification) as a
disposal site, under paragraph (1) shall--
``(A) begin on the date on which an applicant
submits all the information required to complete an
application for a permit under this section; and
``(B) end on the date on which the Secretary issues
the permit.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply to a permit application submitted under section 404 of the
Federal Water Pollution Control Act (33 U.S.C. 1344) after the date of
enactment of this Act.
SEC. 13. NATIONWIDE PERMITTING IMPROVEMENT.
(a) In General.--Section 404(e) of the Federal Water Pollution
Control Act (33 U.S.C. 1344) is amended--
(1) by striking ``(e)(1) In carrying'' and inserting the
following:
``(e) General Permits.--
``(1) Permits authorized.--In carrying'';
(2) in paragraph (2)--
(A) by striking ``(2) No general'' and inserting
the following:
``(2) Term.--No general''; and
(B) by striking ``five years'' and inserting ``ten
years''; and
(3) by adding at the end the following:
``(3) Considerations.--In determining the environmental
effects of an activity under paragraph (1) or (2), the
Secretary--
``(A) shall consider only the effects of any
discharge of dredged or fill material resulting from
such activity;
``(B) shall consider any effects of a discharge of
dredged or fill material into less than 3 acres of
navigable waters to be a minimal adverse environmental
effect; and
``(C) may consider any effects of a discharge of
dredged or fill material into 3 acres or more of
navigable waters to be a minimal adverse environmental
effect.
``(4) Nationwide permits for linear projects.--
``(A) In general.--Notwithstanding any other
provision of this section, the Secretary shall maintain
general permits on a nationwide basis for--
``(i) linear infrastructure projects that
result in a discharge of dredged or fill
material into less than 3 acres of navigable
waters for each single and complete project;
and
``(ii) linear pipeline projects that do not
result in the loss of navigable waters in an
amount that is greater than 0.5 acres for each
single and complete project.
``(B) Definitions.--In this paragraph:
``(i) Linear infrastructure project.--The
term `linear infrastructure project' means a
project to carry out any activity required for
the construction, expansion, maintenance,
modification, or removal of infrastructure and
associated facilities for the transmission from
a point of origin to a terminal point of
communications or electricity, or for the
transportation from a point of origin to a
terminal point of people, water, or wastewater.
``(ii) Linear pipeline project.--The term
`linear pipeline project' means a project to
carry out any activity required for the
construction, expansion, maintenance,
modification, or removal of infrastructure and
associated facilities for the transportation
from a point of origin to a terminal point of
carbon dioxide, fuel, or hydrocarbons, in the
form of a liquid, liquescent, gaseous, or
slurry substance or supercritical fluid,
including oil and gas pipeline facilities.
``(iii) Single and complete project.--The
term `single and complete project' has the
meaning given that term in section 330.2 of
title 33, Code of Federal Regulations (as in
effect on the date of enactment of this
paragraph).
``(5) Reissuance of nationwide permits.--In determining
whether to reissue a general permit issued under this
subsection on a nationwide basis--
``(A) no consultation with an applicable State
pursuant to section 6(a) of the Endangered Species Act
of 1973 (16 U.S.C. 1535(a)) is required;
``(B) no consultation with a Federal agency
pursuant to section 7(a)(2) of such Act (16 U.S.C.
1536(a)(2)) is required; and
``(C) the requirements of section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) shall be satisfied by preparing an
environmental assessment with respect to such general
permit.''.
(b) Regulatory Revisions Required.--The Secretary of the Army,
acting through the Chief of Engineers, shall expeditiously revise the
regulations applicable to carrying out section 404(e) of the Federal
Water Pollution Control Act (33 U.S.C. 1344) in order to streamline the
processes for issuing general permits under such section to promote
efficient and consistent implementation of such section.
(c) Administration of Nationwide Permit Program.--In carrying out
section 404(e) of the Federal Water Pollution Control Act (33 U.S.C.
1344), including in revising regulations under subsection (b) of this
section, the Secretary of the Army, acting through the Chief of
Engineers, may not finalize or implement any modification to--
(1) general condition 15 (relating to single and complete
projects), as included in the final rule titled ``Reissuance
and Modification of Nationwide Permits'' and published on
January 13, 2021, by the Department of the Army, Corps of
Engineers (86 Fed. Reg. 2868);
(2) the definition of the term ``single and complete linear
project'', as included in such final rule (86 Fed. Reg. 2877);
or
(3) the definition of the term ``single and complete
project'', as included in section 330.2 of title 33, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
SEC. 14. DEADLINE FOR REQUEST FOR SUBMISSION OF ADDITIONAL INFORMATION
FOR PERMIT PROGRAMS FOR DREDGED OR FILL MATERIAL.
Section 404 of the Federal Water Pollution Control Act (33 U.S.C.
1344) is amended--
(1) in subsection (g)--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2) the following:
``(3) If the Administrator determines that additional information
is necessary for the description of a program submitted by a State to
be full and complete under paragraph (1), the Administrator shall, not
later than 45 days after the date of the receipt of the program and
statement submitted by the State under such paragraph, submit to the
State a written request for all such information.''; and
(2) in subsection (h)(1), by striking ``paragraph (1) of
this subsection'' and inserting ``subsection (g)(1)''.
SEC. 15. JUDICIAL REVIEW TIMELINE CLARITY.
Section 404 of the Federal Water Pollution Control Act (33 U.S.C.
1344) is amended--
(1) by redesignating subsection (t) as subsection (u);
(2) in subsection (u), as so redesignated, by striking
``Nothing in the section'' and inserting ``Savings Provision.--
Nothing in this section''; and
(3) by inserting after subsection (s) the following:
``(t) Judicial Review.--
``(1) Statute of limitations.--Notwithstanding any
applicable provision of law relating to statutes of
limitations--
``(A) an action seeking judicial review of the
approval by the Administrator of a State permit program
pursuant to this section shall be filed not later than
the date that is 60 days after the date on which the
approval was issued;
``(B) an action seeking judicial review of an
individual permit or general permit issued under this
section shall be filed not later than the date that is
60 days after the date on which the permit was issued;
and
``(C) an action seeking judicial review of a
verification that an activity involving a discharge of
dredged or fill material is authorized by a general
permit issued under this section shall be filed not
later than the date that is 60 days after the date on
which such verification was issued.
``(2) Limitation on commencement of certain actions.--
Notwithstanding any other provision of law, no action described
in subparagraph (A) or (B) of paragraph (1) may be commenced
unless the action--
``(A) is filed by a party that submitted a
comment--
``(i) during the public comment period for
the administrative proceedings related to the
action; and
``(ii) which was sufficiently detailed to
put the Administrator, the Secretary, or the
State, as applicable, on notice of the issue
upon which the party seeks judicial review; and
``(B) is related to such comment.
``(3) Remedies.--
``(A) Actions relating to permit programs.--If a
court determines that the Administrator did not comply
with the requirements of this section in issuing an
approval of a State permit program pursuant to this
section--
``(i) the court shall remand the matter to
the Administrator for further proceedings
consistent with the determination of the court;
and
``(ii) the court may not vacate, revoke,
enjoin, or otherwise limit the authority of the
State to issue permits under such State permit
program.
``(B) Actions relating to permits.--If a court
determines that the Secretary or the State, as
applicable, did not comply with the requirements of
this section in issuing an individual or general permit
under this section, or in verifying that an activity
involving a discharge of dredged or fill material is
authorized by a general permit issued under this
section, as applicable--
``(i) the court shall remand the matter to
the Secretary or the State, as applicable, for
further proceedings consistent with the
determination of the court;
``(ii) with respect to a determination
regarding the issuance of an individual or
general permit under this section, the court
may not vacate, revoke, enjoin, or otherwise
limit the permit, unless the court finds that
activities authorized under the permit would
present an imminent and substantial danger to
human health or the environment for which there
is no other equitable remedy available under
the law; and
``(iii) with respect to a determination
regarding a verification that an activity
involving a discharge of dredged or fill
material is authorized by a general permit
issued under this section, the court may not
enjoin or otherwise limit the discharge unless
the court finds that the activity would present
an imminent and substantial danger to human
health or the environment for which there is no
other equitable remedy available under the law.
``(4) Timeline to act on court order.--If a court remands a
matter under paragraph (3), the court shall set and enforce a
reasonable schedule and deadline, which may not exceed 180 days
from the date on which the court remands such matter, except as
otherwise required by law, for the Administrator, the
Secretary, or the State, as applicable, to take such actions as
the court may order.''.
SEC. 16. RESTORING FEDERALISM IN CLEAN WATER PERMITTING.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Environmental Protection Agency shall complete
a review of the regulations applicable to the approval of State permit
programs under section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344) in order to identify revisions to such regulations
necessary to streamline the approval process, reduce administrative
burdens, and encourage additional States to administer a permit program
under such section, and the Administrator shall implement any such
revisions as appropriate.
SEC. 17. JURISDICTIONAL DETERMINATION BACKLOG REDUCTION.
Not later than 60 days after the date of enactment of this Act, the
Secretary of the Army, acting through the Chief of Engineers, shall
expedite such procedures and reallocate or augment such personnel and
resources of the Corps of Engineers as the Secretary determines
necessary to eliminate any backlog existing as of June 5, 2025, of--
(1) applications for permits under section 404 of the
Federal Water Pollution Control Act (33 U.S.C. 1344); or
(2) requests for jurisdictional determinations or wetlands
delineations under the jurisdiction of the Secretary.
SEC. 18. DEFINITION OF NAVIGABLE WATERS.
Section 502(7) of the Federal Water Pollution Control Act (33
U.S.C. 1362(7)) is amended--
(1) by striking ``(7) The term'' and inserting the
following:
``(7) Navigable waters.--
``(A) In general.--The term''; and
(2) by adding at the end the following:
``(B) Exclusions.--The term `navigable waters' does
not include the following:
``(i) Any component of a waste treatment
system, including any lagoon or treatment pond
(such as a settling or cooling pond), designed
to actively or passively--
``(I) convey or retain wastewater;
or
``(II) concentrate, settle, reduce,
or remove pollutants from wastewater.
``(ii) Ephemeral features that flow only in
direct response to precipitation.
``(iii) Any area that--
``(I) prior to December 23, 1985,
was drained or otherwise manipulated
for the purpose, or having the effect,
of making production of an agricultural
product possible, as determined by the
Administrator and the Secretary of the
Army, acting through the Chief of
Engineers, which determinations shall
be consistent with any designations of
prior converted cropland made by the
Secretary of Agriculture; and
``(II) as determined by the
Administrator--
``(aa) at least once in the
immediately preceding five
years has been used for, or in
support of, agricultural
purposes, including grazing,
haying, idling land for
conservation use (such as
habitat management, pollinator
and wildlife management, water
storage and supply management,
and flood management),
irrigation tailwater storage,
farm-raised fish production,
cranberry production, nutrient
retention, and idling land for
soil recovery after natural
disasters such as hurricanes
and drought; and
``(bb) has not reverted to
wetlands (as defined in section
120.2 of title 40, Code of
Federal Regulations, as in
effect on the date of enactment
of this clause).
``(iv) Groundwater.
``(v) Any other features determined to be
excluded by the Administrator and the Secretary
of the Army, acting through the Chief of
Engineers.''.
SEC. 19. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE
RULE.
Section 1049 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 1361 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(B), by striking ``20,000'' and
inserting ``42,000'';
(B) by amending paragraph (2)(A) to read as
follows:
``(A) an aggregate aboveground storage capacity
greater than 10,000 gallons but less than 42,000
gallons; and'';
(C) in paragraph (3)--
(i) by amending subparagraph (A) to read as
follows:
``(A) with an aggregate aboveground storage
capacity of less than or equal to 10,000 gallons;
and''; and
(ii) in subparagraph (B), by striking ``;
and'' and inserting a period; and
(D) by striking paragraph (4);
(2) in subsection (c)(2)(A)--
(A) in clause (i), by striking ``1,000'' and
inserting ``1,320''; and
(B) in clause (ii), by striking ``2,500'' and
inserting ``3,000''; and
(3) by striking subsection (d).
SEC. 20. COORDINATION WITH FEDERAL PERMITTING IMPROVEMENT STEERING
COUNCIL.
With respect to any covered project (as defined under section 41001
of the FAST Act (42 U.S.C. 4370m)) for which a certification or permit
from a State under section 401, 402, or 404 of the Federal Water
Pollution Control Act is required, the State is encouraged to choose to
participate, to the maximum extent practicable, in the environmental
review and authorization process under section 41003(c) of the FAST Act
(42 U.S.C. 4370m-2(c)), pursuant to paragraph (3)(A) of such section.
SEC. 21. SENSE OF CONGRESS ON CHESAPEAKE BAY WATERSHED AGREEMENT.
It is the sense of Congress that the Chesapeake Bay Watershed
Agreement is a voluntary, cooperative agreement between the Federal
Government, the State of Delaware, the District of Columbia, the State
of Maryland, the Commonwealth of Pennsylvania, the State of New York,
the Commonwealth of Virginia, and the State of West Virginia. As such,
the Federal Government should take a collaborative and cooperative
approach to the parties with regard to their compliance with the
Chesapeake Bay Total Maximum Daily Load outlined in such agreement.
Union Calendar No. 145
119th CONGRESS
1st Session
H. R. 3898
[Report No. 119-180]
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to make targeted
reforms with respect to waters of the United States and other matters,
and for other purposes.
_______________________________________________________________________
July 2, 2025
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed