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(2) the definition of the term ‘‘single and com-
plete linear project’’, as included in such final rule 
(86 Fed. Reg. 2877); or 
(3) the definition of the term ‘‘single and com-
plete 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 AD-
DITIONAL INFORMATION FOR PERMIT PRO-
GRAMS 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 para-
graph (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 
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(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 sub-
section (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 fol-
lowing: 
‘‘(t) JUDICIAL REVIEW.— 
‘‘(1) STATUTE
OF
LIMITATIONS.—Notwith-
standing 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; 
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‘‘(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 dis-
charge 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 CER-
TAIN
ACTIONS.—Notwithstanding any other provi-
sion 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 
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issue upon which the party seeks judicial 
review; and 
‘‘(B) is related to such comment. 
‘‘(3) REMEDIES.— 
‘‘(A) ACTIONS RELATING TO PERMIT PRO-
GRAMS.—If a court determines that the Admin-
istrator 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 pro-
ceedings 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 re-
quirements of this section in issuing an indi-
vidual or general permit under this section, or 
in verifying that an activity involving a dis-
charge of dredged or fill material is authorized 
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by a general permit issued under this section, 
as applicable— 
‘‘(i) the court shall remand the matter 
to the Secretary or the State, as applica-
ble, 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 eq-
uitable remedy available under the law; 
and 
‘‘(iii) with respect to a determination 
regarding a verification that an activity in-
volving a discharge of dredged or fill mate-
rial 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 
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danger to human health or the environ-
ment 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 Admin-
istrator, 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 CON-
GRESSIONAL AUTHORIZATION PROHIBITED.—The permit 
programs described in subsection (b) are ratified, ap-
proved, 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 
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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, ap-
proved 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 de-
scribed 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 Environ-
mental Protection Agency entitled ‘‘New Jersey De-
partment of Environmental Protection and Energy 
Section 404 Permit Program Approval’’ (59 Fed. 
Reg. 9933 (March 2, 1994)) and as described in sec-
tion 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 de-
scribed in the notice of the Environmental Protec-
tion Agency entitled ‘‘EPA’s Approval of Florida’s 
Clean Water Act Section 404 Assumption Request’’ 
(85 Fed. Reg. 83553 (December 22, 2020)) (includ-
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ing any updates to the program described in a suc-
cessor Federal Register notice), including the Pro-
grammatic 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 author-
ized 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 Fed-
eral Water Pollution Control Act (33 U.S.C. 1344(g)(1))) 
within the jurisdiction of the State of Florida. 
(d) APPROVAL
OF
COMPARABLE
STATE
PRO-
GRAMS.— 
(1) IN GENERAL.—If the Administrator deter-
mines that a State program submitted under sub-
section (g)(1) of section 404 of the Federal Water 
Pollution Control Act (33 U.S.C. 1344) is com-
parable to a State program described in any of para-
graphs (1) through (3) of subsection (b) of this sec-
tion, the Administrator shall make the determination 
described in subsection (h)(2)(A) of such section 404 
with respect to that program. 
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(2) NOTIFICATION.—On making the determina-
tion required under paragraph (1), the Adminis-
trator shall notify the Secretary and the applicable 
State of that determination. 
(3) SUSPENSION.—On notification from the Ad-
ministrator 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 sub-
sections (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 PER-
MITTING. 
Not later than 180 days after the date of enactment 
of this Act, the Administrator of the Environmental Pro-
tection 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, 
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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 Sec-
retary, in coordination with the Administrator of the Envi-
ronmental 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 Pro-
tection Agency titled ‘‘Compensatory Mitigation for 
Losses of Aquatic Resources’’ and published in the Fed-
eral Register on April 10, 2008 (73 Fed. Reg. 19594). 
(b) SCOPE
OF REVISIONS.—In carrying out sub-
section (a), the Secretary shall— 
(1) incorporate lessons learned since the imple-
mentation of the final rule described in subsection 
(a) and reflect advances in science, restoration prac-
tices, and regulatory efficiency; 
(2) promote equivalency and flexibility among 
mitigation options, including mitigation banking, in- 
lieu fee programs, and permittee-responsible mitiga-
tion; 
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(3) expedite the approval of plans that use miti-
gation banks, in-lieu fee programs, and permittee-re-
sponsible mitigation; 
(4) support regional watershed approaches, in-
cluding by— 
(A) encouraging compensatory mitigation 
credit generation and sales across primary, sec-
ondary, and tertiary service areas; and 
(B) implementing mitigation requirements, 
policies, and guidance that are consistent, pre-
dictable, and transparent; 
(5) ensure timely coordination between Corps of 
Engineers district offices and Interagency Review 
Teams; 
(6) ensure that, for projects involving tem-
porary impacts to aquatic resources, including min-
ing and other energy or infrastructure projects with 
approved reclamation plans, the revised regula-
tions— 
(A) take into account the temporary na-
ture 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 
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404(b)(1) of the Federal Water Pollution Con-
trol 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 finan-
cial assurances; and 
(D) allow the use, transfer, or sale of sur-
plus compensatory mitigation credits generated 
through activities carried out under an ap-
proved reclamation plan, if such credits meet 
applicable environmental performance stand-
ards; 
(7) encourage the use of off-site and out-of-kind 
mitigation options where appropriate; and 
(8) include any other revisions determined ap-
propriate by the Secretary. 
(c) GUIDANCE.—After issuing a final rule under this 
section, the Secretary shall issue guidance establishing ob-
jective, measurable success criteria for activities carried 
out under an approved reclamation plan for purposes of 
generating compensatory mitigation credits, and a phased 
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credit release schedule tied to milestones for such activi-
ties. 
(d) DEFINITIONS.—In this section: 
(1) APPROVED RECLAMATION PLAN.—The term 
‘‘approved reclamation plan’’— 
(A) means— 
(i) a reclamation plan approved pur-
suant to section 510 of the Surface Mining 
Control and Reclamation Act of 1977 (30 
U.S.C. 1260); 
(ii) a reclamation plan, plan of oper-
ations, or other similar plan approved by 
the Secretary of Agriculture or the Sec-
retary 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 Mate-
rials Act of 1947 (30 U.S.C. 601 et 
seq.); 
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(iii) a surface use plan of operations 
approved pursuant to subpart 3162 of title 
43, Code of Federal Regulations (or a suc-
cessor 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 reg-
ulation) that includes enforceable reclama-
tion 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 regula-
tion); or 
(ii) part 228 of title 36, Code of Fed-
eral Regulations (or a successor regula-
tion). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Army, acting through the Chief 
of Engineers. 
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SEC. 19. JURISDICTIONAL DETERMINATION BACKLOG RE-
DUCTION. 
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 re-
allocate 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 Con-
trol 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 treat-
ment system, including any lagoon or 
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treatment pond (such as a settling or cool-
ing pond), designed to actively or pas-
sively— 
‘‘(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 agricul-
tural product possible, as determined 
by the Administrator and the Sec-
retary of the Army, acting through 
the Chief of Engineers, which deter-
minations shall be consistent with any 
designations of prior converted crop-
land made by the Secretary of Agri-
culture; and 
‘‘(II) as determined by the Ad-
ministrator— 
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‘‘(aa) at least once in the 
immediately preceding ten years 
has been used for, or in support 
of, agricultural purposes, includ-
ing grazing, haying, idling land 
for conservation use (such as 
habitat management, pollinator 
and wildlife management, water 
storage and supply management, 
and flood management), irriga-
tion 
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 
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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 De-
velopment Act of 2014 (33 U.S.C. 1361 note) is amend-
ed— 
(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 ca-
pacity 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 stor-
age 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)— 
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