119-hr3898

[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