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. 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.
(h) Judicial review
(1) Affected certification actions
This subsection shall apply to any civil action for the review of a certification action with respect to an applicant for a license or permit—
(A)
for the construction or operation of facilities for the transmission of electric energy or energy fuels in interstate or foreign commerce; or
(B)
from the Federal Energy Regulatory Commission.
(2) Standing and filing deadline
Not withstanding any other provision of law, no court shall have jurisdiction to review a civil action under this subsection, except for a civil action filed not later than 30 days after the final action on the certification by—
(A)
the applicant; or
(B)
a person who has suffered, or likely and imminently will suffer, direct and irreparable economic harm from the authorization; provided that an organization or association satisfies this harm requirement only if each member of the organization or association satisfies the requirement.
(3) Expedited consideration
(A)
The Court shall—
(i)
set any petition for review brought under this subsection for expedited consideration; and
(ii)
issue a final decision no later than 120 days after the filing of the civil action, unless the court finds extraordinary circumstances, in which the Court may take up to 60 additional days to issue a final decision.
(B) Failure to comply with deadline
If the civil action concerns a certification that has been granted, the Court’s failure to issue a final decision in compliance with the deadlines in subparagraph (A) shall mean the civil action is denied with prejudice.
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. Maintaining cooperative permitting
(a) Withdrawal of approval without congressional authorization prohibited
The permit programs described in subsection (b) are ratified, approved, and of full force and effect, and the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator
) may not withdraw the approval of those permit programs, including through the process described in section 404(i) of the Federal Water Pollution Control Act (33 U.S.C. 1344(i)), unless the withdrawal is expressly authorized by an Act of Congress enacted after the date of enactment of this Act.
(b) Permit programs described
The permit programs referred to in subsection (a) are the following State permit programs for the discharge of dredged or fill material approved under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344):
(1)
The program of the State of Michigan, approved in the notice of the Environmental Protection Agency entitled Michigan Department of Natural Resources Section 404 Permit Program Approval
(49 Fed. Reg. 38947 (October 2, 1984)) and as described in section 233.70 of title 40, Code of Federal Regulations (including any updates to the program described in a successor Federal Register notice).
(2)
The program of the State of New Jersey, approved in the final rule and notice of the Environmental Protection Agency entitled New Jersey Department of Environmental Protection and Energy Section 404 Permit Program Approval
(59 Fed. Reg. 9933 (March 2, 1994)) and as described in section 233.71 of title 40, Code of Federal Regulations (including any updates to the program described in a successor Federal Register notice).
(3)
The program of the State of Florida, as described in the notice of the Environmental Protection Agency entitled EPA’s Approval of Florida’s Clean Water Act Section 404 Assumption Request
(85 Fed. Reg. 83553 (December 22, 2020)) (including any updates to the program described in a successor Federal Register notice), including the Programmatic Biological Opinion with Incidental Take Statement associated with the program.
(c) Program transition period
During the 90-day period beginning on the date of enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers (referred to in this section as the Secretary
), and the State of Florida may both issue permits authorized under the program described in subsection (b)(3) for the discharge of dredged or fill material into navigable waters (as described in subsection 404(g)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1344(g)(1))) within the jurisdiction of the State of Florida.
(d) Approval of comparable State programs
(1) In general
If the Administrator determines that a State program submitted under subsection (g)(1) of section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is comparable to a State program described in any of paragraphs (1) through (3) of subsection (b) of this section, the Administrator shall make the determination described in subsection (h)(2)(A) of such section 404 with respect to that program.
(2) Notification
On making the determination required under paragraph (1), the Administrator shall notify the Secretary and the applicable State of that determination.
(3) Suspension
On notification from the Administrator under paragraph (2) and from a State that the State has begun to administer a program approved pursuant to paragraph (1), the Secretary shall suspend the issuance of permits under subsections (a) and (e) of section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) for activities with respect to which a permit may be issued by the State under that program.
Sec. 17. 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. 18. Revision of framework for compensatory mitigation
(a) Requirement to revise
Not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Administrator of the Environmental Protection Agency, shall publish in the Federal Register a proposed rule, consistent with section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), to revise the regulations issued in the final rule of the Department of Defense and the Environmental Protection Agency titled Compensatory Mitigation for Losses of Aquatic Resources
and published in the Federal Register on April 10, 2008 (73 Fed. Reg. 19594).
(b) Scope of revisions
In carrying out subsection (a), the Secretary shall—
(1)
incorporate lessons learned since the implementation of the final rule described in subsection (a) and reflect advances in science, restoration practices, and regulatory efficiency;
(2)
promote equivalency and flexibility among mitigation options, including mitigation banking, in-lieu fee programs, and permittee-responsible mitigation;
(3)
expedite the approval of plans that use mitigation banks, in-lieu fee programs, and permittee-responsible mitigation;
(4)
support regional watershed approaches, including by—
(A)
encouraging compensatory mitigation credit generation and sales across primary, secondary, and tertiary service areas; and
(B)
implementing mitigation requirements, policies, and guidance that are consistent, predictable, and transparent;
(5)
ensure timely coordination between Corps of Engineers district offices and Interagency Review Teams;
(6)
ensure that, for projects involving temporary impacts to aquatic resources, including mining and other energy or infrastructure projects with approved reclamation plans, the revised regulations—
(A)
take into account the temporary nature of such impacts;
(B)
recognize activities carried out under an approved reclamation plan as a form of minimization of such impacts, consistent with the guidelines developed under section 404(b)(1) of the Federal Water Pollution Control Act;
(C)
consider financial assurances already required under applicable regulatory programs (including instruments such as surety bonds, collateral bonds, letters of credit, insurance, trust funds, and, where permitted, self-bonding) when determining the need for additional financial assurances; and
(D)
allow the use, transfer, or sale of surplus compensatory mitigation credits generated through activities carried out under an approved reclamation plan, if such credits meet applicable environmental performance standards;
(7)
encourage the use of off-site and out-of-kind mitigation options where appropriate; and
(8)
include any other revisions determined appropriate by the Secretary.
(c) Guidance
After issuing a final rule under this section, the Secretary shall issue guidance establishing objective, measurable success criteria for activities carried out under an approved reclamation plan for purposes of generating compensatory mitigation credits, and a phased credit release schedule tied to milestones for such activities.
(d) Definitions
In this section:
(1) Approved reclamation plan
The term approved reclamation plan—
(A)
means—
(i)
a reclamation plan approved pursuant to section 510 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1260);
(ii)
a reclamation plan, plan of operations, or other similar plan approved by the Secretary of Agriculture or the Secretary of the Interior with respect to the mining or related operations of—
(I)
minerals subject to location under the general mining laws;
(II)
minerals subject to leasing under the mineral leasing laws; or
(III)
mineral materials subject to disposition under the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 et seq.);
(iii)
a surface use plan of operations approved pursuant to subpart 3162 of title 43, Code of Federal Regulations (or a successor regulation);
(iv)
a plan of operations or utilization plan approved pursuant to subpart 3200 of title 43, Code of Federal Regulations (or a successor regulation); and
(v)
a plan of development approved pursuant to subpart 2805 of title 43, Code of Federal Regulations (or a successor regulation) that includes enforceable reclamation or surface restoration requirements; and
(B)
includes a plan of operations approved under—
(i)
subpart 3809 of title 43, Code of Federal Regulations (or a successor regulation); or
(ii)
part 228 of title 36, Code of Federal Regulations (or a successor regulation).
(2) Secretary
The term Secretary means the Secretary of the Army, acting through the Chief of Engineers.
Sec. 19. 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. 20. 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 ten 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. 21. 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. 22. 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. 23. 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.
Sec. 24. Identification and permitting for water recharge on certain Federal lands
(a) Review and identification
Not later than 1 year after the date of enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers, shall review lands under the jurisdiction of the Secretary to identify parcels of such lands that are hydrologically and geologically well-suited for water recharge efforts, including aquifer recharge, surface water infiltration, or managed aquifer recharge projects, taking into consideration factors such as soil permeability, proximity to water sources, and minimal environmental impact.
(b) Streamlined permitting process
The Secretary, in consultation with the Administrator of the Environmental Protection Agency and each relevant State water resource agency, shall—
(1)
establish clear and simple permitting processes for water recharge projects on parcels of land identified by the Secretary under subsection (a), including a process to facilitate (to the extent practicable)—
(A)
the actions of the Secretary under section 17 applicable to such projects; and
(B)
the expedited issuance of a permit under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), as amended by this Act, relating to such projects; and
(2)
ensure, to the extent practicable, that each process established under paragraph (1) minimizes regulatory burdens, provides for categorical exclusions or streamlined environmental assessments, and promotes collaboration with State and local entities to expand water recharge efforts.
(c) Report to Congress
Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report detailing the parcels identified under subsection (a) and each permitting process established under subsection (b).
Sec. 25. State-led permitting efficiency and water quality pilot
(a) In general
The Administrator of the Environmental Protection Agency shall establish a voluntary pilot program to support State-led water quality improvements in waters listed as impaired for nitrogen or phosphorus under section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)).
(b) Voluntary participation
Participation by agricultural producers in the program established under this section shall be voluntary.
(c) Savings clause
Nothing in this section may be construed to authorize the regulation of nonpoint sources or expand Federal jurisdiction.
Sec. 26. International Boundary and Water Commission authority
(a) Authorization
The Commission is authorized to accept funds from a Federal or non-Federal entity, including through a grant or funding agreement, to study, design, construct, operate, or maintain wastewater treatment works, water conservation projects, or flood control works, and related structures, consistent with the functions of the Commission.
(b) Deposit
Any funds accepted by the Commission under this section shall be—
(1)
deposited into the account in the Treasury of the United States entitled International Boundary and Water Commission, United States and Mexico
; and
(2)
subject to the availability of appropriations, available until expended to carry out the activities described in subsection (a).
(c) Limitations
(1) Limit on reimbursement
The Commission may not provide credit towards the non-Federal share of the cost of a project, or reimbursement, to non-Federal entities for funds accepted under this section in an amount that exceeds a total of $5,000,000 in any fiscal year.
(2) Source of funds
The Commission may not accept funds under this section from any non-Federal entity—
(A)
that is domiciled in, headquartered in, or organized under the laws of, or the principal place of business of which is located in, a foreign country of concern; or
(B)
that has in place any agreement with a foreign country of concern.
(d) Report
Not later than the last day of each fiscal year, the Commission shall submit to the Committee on Foreign Relations of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the funds accepted under this section that includes a description of—
(1)
the activities carried out with such funds; and
(2)
costs associated with such activities.
(e) Definitions
In this section:
(1)
The term Commission means the United States Section of the International Boundary and Water Commission, United States and Mexico.
(2)
The term foreign country of concern has the meaning given that term in section 10638 of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19237).