H.R. 3898

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3898 Referred in Senate (RFS)]

<DOC>
119th CONGRESS
1st Session
H. R. 3898

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

December 15, 2025

Received; read twice and referred to the Committee on Environment and 
Public Works

_______________________________________________________________________

AN ACT

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. Maintaining cooperative permitting.
Sec. 17. Restoring federalism in clean water permitting.
Sec. 18. Revision of framework for compensatory mitigation.
Sec. 19. Jurisdictional determination backlog reduction.
Sec. 20. Definition of navigable waters.
Sec. 21. Applicability of Spill Prevention, Control, and Countermeasure 
rule.
Sec. 22. Coordination with Federal Permitting Improvement Steering 
Council.
Sec. 23. Sense of Congress on Chesapeake Bay Watershed Agreement.
Sec. 24. Identification and permitting for water recharge on certain 
Federal lands.
Sec. 25. State-led permitting efficiency and water quality pilot.
Sec. 26. International Boundary and Water Commission authority.

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).

Passed the House of Representatives December 11, 2025.

Attest:

KEVIN F. MCCUMBER,

Clerk.