H.R. 3905

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3905 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 3905

To amend the Federal Water Pollution Control Act with respect to 
judicial review of the issuance of a permit for the discharge of 
dredged or fill material, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 11, 2025

Mr. Burlison introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure

_______________________________________________________________________

A BILL

To amend the Federal Water Pollution Control Act with respect to 
judicial review of the issuance of a permit for the discharge of 
dredged or fill material, 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.

This Act may be cited as the ``Judicial Review Timeline Clarity 
Act''.

SEC. 2. 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 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
``(B) 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 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 
applicable action described in such paragraph; 
and
``(ii) which was sufficiently detailed to 
put 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) Remedy.--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--
``(A) the court shall remand the matter to the 
Secretary or the State, as applicable, for further 
proceedings consistent with the determination of the 
court;
``(B) 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
``(C) 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 (2), 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 Secretary or the State, as 
applicable, to take such actions as the court may order.''.
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