I 
119TH CONGRESS 
1ST SESSION H. R. 3902 
To direct the Administrator of the Environmental Protection Agency to review 
the regulations applicable to the approval of State permit programs 
under section 404 of the Federal Water Pollution Control Act, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 11, 2025 
Mr. PATRONIS introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To direct the Administrator of the Environmental Protection 
Agency to review the regulations applicable to the ap-
proval of State permit programs under section 404 of 
the Federal Water Pollution Control Act, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Restoring Federalism 
in Clean Water Permitting Act’’. 
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SEC. 2. STATE ASSUMPTION OF SECTION 404 PERMIT PRO-
GRAM REGULATION REVIEW. 
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, 
and the Administrator shall implement any such revisions 
as appropriate. 
SEC. 3. 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.— 
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‘‘(1) STATUTE
OF
LIMITATIONS.—Notwith-
standing any applicable provision of law relating to 
statutes of limitations, an action seeking judicial re-
view 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. 
‘‘(2) LIMITATION ON COMMENCEMENT OF CER-
TAIN
ACTIONS.—Notwithstanding any other provi-
sion 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 such action; and 
‘‘(ii) which was sufficiently detailed to 
put the Administrator 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 
Administrator did not comply with the requirements 
of this section in issuing an approval of a State per-
mit program pursuant to this section— 
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‘‘(A) the court shall remand the matter to 
the Administrator for further proceedings con-
sistent with the determination of the court; and 
‘‘(B) the court may not vacate, revoke, en-
join, or otherwise limit the authority of the 
State to issue permits under such State permit 
program, unless the court finds that activities 
authorized under any permit issued under the 
program would present an imminent and sub-
stantial danger to human health or the environ-
ment for which there is no other equitable rem-
edy 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 Admin-
istrator to take such actions as the court may 
order.’’. 
Æ 
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