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 infrastruc-
ture. 
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 per-
mit 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 Pollu-
tion 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 re-
view, for purposes of ensuring that combined sewer over-
flow controls are cost effective, of any water quality stand-
ard 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 dis-
charges. 
‘‘(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 con-
sideration’’ and inserting ‘‘; (ii)’’; and 
(C) by inserting before the period at the 
end the following: ‘‘; and (iii) the cost and com-
mercial availability in the United States of 
treatment technologies (including whether the 
technologies have been demonstrated at an ap-
plicable scale) that may be required to be ap-
plied to point sources in order to result in com-
pliance 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 fol-
lowing new paragraph: 
‘‘(10) CONSIDERATION OF TREATMENT TECH-
NOLOGIES.—In developing or revising water quality 
criteria under this subsection, the Administrator 
shall take into consideration the cost and commer-
cial 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 Admin-
istrator 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 Pollu-
tion 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 cri-
teria 
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 Con-
trol Act (33 U.S.C. 1314(b)) is amended— 
(1) in paragraph (1)(B), by inserting ‘‘the com-
mercial availability in the United States of the tech-
nology (including whether the technology has been 
demonstrated at an applicable scale),’’ before ‘‘and 
such other factors’’; 
(2) in paragraph (2)(B), by inserting ‘‘the com-
mercial availability in the United States of the tech-
nology (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 com-
mercial availability in the United States of the tech-
nology (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 certifi-
cation, or waive the requirement for certifi-
cation under this subsection with respect 
to such Federal application, within a rea-
sonable 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 certifi-
cation under this subsection’’; 
(v) in the sixth sentence, by striking 
‘‘waived as provided in the preceding sen-
tence’’ and inserting ‘‘waived under this 
paragraph’’; and 
(vi) by inserting after the fourth sen-
tence 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 re-
quest for certification shall be based only 
on compliance with the applicable provi-
sions 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 re-
ceipt of a request for certification, the 
State, interstate agency, or Administrator, 
as the case may be, shall identify in writ-
ing all specific additional materials or in-
formation necessary for the request for 
certification to be complete, as described in 
subsection (g). The State, interstate agen-
cy, 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 li-
cense 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 in-
serting ‘‘any water quality standard in 
effect for the State under section 
303’’; and 
(II) by inserting before the pe-
riod ‘‘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 ‘‘en-
sure compliance with the applicable provi-
sions 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 cer-
tification, the certifying State or interstate 
agency, as applicable, shall immediately 
notify the Administrator of the request.’’; 
and 
(vi) by inserting after the second sen-
tence 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 notifica-
tion 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 efflu-
ent limitations or other limitations or 
other applicable water quality require-
ments will not be violated’’ and insert-
ing ‘‘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 appli-
cable 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 ‘‘oper-
ation of such facility or activity will not di-
rectly result in a discharge that violates 
any applicable provision’’; and 
(E) in paragraph (5), by striking ‘‘the ap-
plicable provisions’’ and inserting ‘‘any applica-
ble 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 ap-
plicable effluent limitations and other limitations, 
under section 301 or 302 of this Act, standard of 
performance under section 306 of this Act, or prohi-
bition, 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 provi-
sions of this section’’ and inserting ‘‘discharge sub-
ject 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 im-
posed on a Federal license or permit by a licensing or per-
mitting agency under this section may be enforced only 
by such licensing or permitting agency. 
‘‘(f) For purposes of this section, the applicable provi-
sions 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 perform-
ance 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 re-
quested; 
‘‘(B) identification of any activity the con-
duct of which is subject to such Federal license 
or permit; 
‘‘(C) identification of the location and na-
ture of any discharge that may directly result 
from such activity, and the location of the re-
ceiving 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 re-
quired for the conduct of such activity, and any 
approval or denial of such an authorization al-
ready 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 cat-
egories 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 dis-
charges 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 ap-
plicant 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 com-
merce; 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 cer-
tification by— 
‘‘(A) the applicant; or 
‘‘(B) a person who has suffered, or likely 
and imminently will suffer, direct and irrep-
arable economic harm from the authorization; 
provided that an organization or association 
satisfies this harm requirement only if each 
member of the organization or association satis-
fies 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
DEAD-
LINE.—If the civil action concerns a certifi-
cation that has been granted, the Court’s fail-
ure 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 Con-
trol Act (33 U.S.C. 1342(a)) is amended by adding at the 
end the following: 
‘‘(6) GENERAL PERMITS.— 
‘‘(A) PERMITS AUTHORIZED.—The Admin-
istrator 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 Adminis-
trator 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 expira-
tion of the general permit. 
‘‘(C) APPLICATION OF PERMIT TERMS OF 
AN EXPIRED PERMIT.— 
‘‘(i) IN GENERAL.—If a general per-
mit issued under this section expires and 
the Administrator has not published a no-
tice in accordance with subparagraph (B), 
the Administrator shall, until the date de-
scribed in clause (ii)— 
‘‘(I) continue to apply the terms, 
conditions, and requirements of the 
expired general permit to any dis-
charge that was covered by the ex-
pired general permit; and 
‘‘(II) apply such terms, condi-
tions, and requirements to any dis-
charge that would have been covered 
by the expired general permit (in ac-
cordance with any relevant require-
ments for such coverage) if the dis-
charge had occurred before such expi-
ration. 
‘‘(ii) DATE DESCRIBED.—The date de-
scribed in this clause is the earlier of— 
‘‘(I) the date on which the Ad-
ministrator issues a new general per-
mit 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 Adminis-
trator publishes in the Federal Reg-
ister 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 in-
serting 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 per-
mit, 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 iden-
tified 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 per-
mit 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 iden-
tified during the permit application 
process.’’. 
(b) EXPRESSION OF WATER QUALITY-BASED EF-
FLUENT 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 EF-
FLUENT LIMITATIONS.—If the Administrator (or a State, 
in the case of a permit program approved by the Adminis-
trator) 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 per-
mit, 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 com-
pliance 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 ac-
tions to be applied to the discharge (including 
any measures or practices required to be ap-
plied); or 
‘‘(C) a narrative description of a limitation 
on the discharge that specifies the level of con-
trol to be applied.’’. 
SEC. 
9. 
FOREST 
PROTECTION 
AND 
WILDLAND 
FIRE-
FIGHTER 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 in-
serting 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 ap-
pears 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
DIS-
CHARGE.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall not require a permit, nor directly or indi-
rectly require any State to require a permit, 
under this section for discharges of stormwater, 
including from subsurface drainage, from agri-
cultural land that occur in direct response to a 
precipitation event. 
‘‘(B) AGRICULTURAL LAND DEFINED.—In 
this paragraph, the term ‘agricultural land’ in-
cludes—
‘‘(i) land on which an agricultural 
input (such as manure and other crop nu-
trients, 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 agri-
cultural 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 re-
quired by the Administrator or a State under this 
Act for a discharge from a point source into navi-
gable waters of a pesticide authorized for sale, dis-
tribution, or use under the Federal Insecticide, Fun-
gicide, 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 appli-
cation 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 oc-
curred but for the violation; or 
‘‘(ii) the amount of pesticide or pes-
ticide residue in the discharge is greater 
than would have occurred without the vio-
lation. 
‘‘(B) Stormwater discharges subject to reg-
ulation under subsection (p). 
‘‘(C) The following discharges subject to 
regulation under this section: 
‘‘(i) Manufacturing or industrial efflu-
ent. 
‘‘(ii) Treatment works effluent.
‘‘(iii) Discharges incidental to the nor-
mal operation of a vessel, including a dis-
charge 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 in-
serting the following: 
‘‘(c) SPECIFICATION OR USE OF DEFINED AREA.— 
‘‘(1) IN GENERAL.—The Administrator’’; 
(2) in paragraph (1), as so designated, by in-
serting ‘‘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 specifica-
tion) of any defined area as a disposal site, or deny 
or restrict the use of any defined area for specifica-
tion (including the withdrawal of specification) as a 
disposal site, under paragraph (1) shall—
‘‘(A) begin on the date on which an appli-
cant submits all the information required to 
complete an application for a permit under this 
section; and 
‘‘(B) end on the date on which the Sec-
retary issues the permit.’’. 
(b) APPLICABILITY.—The amendments made by sub-
section (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 amend-
ed— 
(1) by striking ‘‘(e)(1) In carrying’’ and insert-
ing the following: 
‘‘(e) GENERAL PERMITS.— 
‘‘(1) PERMITS AUTHORIZED.—In carrying’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘(2) No general’’ and in-
serting 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 en-
vironmental 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 dis-
charge of dredged or fill material into less than 
3 acres of navigable waters to be a minimal ad-
verse environmental effect; and 
‘‘(C) may consider any effects of a dis-
charge of dredged or fill material into 3 acres 
or more of navigable waters to be a minimal ad-
verse 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 ma-
terial 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, ex-
pansion, maintenance, modification, or re-
moval of infrastructure and associated fa-
cilities for the transmission from a point of 
origin to a terminal point of communica-
tions or electricity, or for the transpor-
tation 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, mainte-
nance, modification, or removal of infra-
structure 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, li-
quescent, 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 Fed-
eral 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 Endan-
gered Species Act of 1973 (16 U.S.C. 1535(a)) 
is required; 
‘‘(B) no consultation with a Federal agen-
cy 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 Sec-
retary of the Army, acting through the Chief of Engineers, 
shall expeditiously revise the regulations applicable to car-
rying 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 PRO-
GRAM.—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 Per-
mits’’ 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 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
(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;
‘‘(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
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
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
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
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-
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.
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;
(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
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
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.);
(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.
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
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)—
(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 IM-
PROVEMENT 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 par-
ticipate, to the maximum extent practicable, in the envi-
ronmental review and authorization process under section 
41003(c) of the FAST Act (42 U.S.C. 4370m–2(c)), pur-
suant to paragraph (3)(A) of such section. 
SEC. 23. SENSE OF CONGRESS ON CHESAPEAKE BAY WA-
TERSHED AGREEMENT. 
It is the sense of Congress that the Chesapeake Bay 
Watershed Agreement is a voluntary, cooperative agree-
ment between the Federal Government, the State of Dela-
ware, 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 Vir-
ginia. As such, the Federal Government should take a col-
laborative and cooperative approach to the parties with re-
gard 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 Sec-
retary 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, in-
cluding aquifer recharge, surface water infiltration, or 
managed aquifer recharge projects, taking into consider-
ation factors such as soil permeability, proximity to water 
sources, and minimal environmental impact. 
(b) STREAMLINED PERMITTING PROCESS.—The Sec-
retary, in consultation with the Administrator of the Envi-
ronmental Protection Agency and each relevant State 
water resource agency, shall— 
(1) establish clear and simple permitting proc-
esses for water recharge projects on parcels of land 
identified by the Secretary under subsection (a), in-
cluding a process to facilitate (to the extent prac-
ticable)—
(A) the actions of the Secretary under sec-
tion 17 applicable to such projects; and 
(B) the expedited issuance of a permit 
under section 404 of the Federal Water Pollu-
tion 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 exclu-
sions 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 Sec-
retary shall submit to Congress a report detailing the par-
cels 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 Envi-
ronmental Protection Agency shall establish a voluntary 
pilot program to support State-led water quality improve-
ments in waters listed as impaired for nitrogen or phos-
phorus under section 303(d) of the Federal Water Pollu-
tion 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 COMMIS-
SION AUTHORITY. 
(a) AUTHORIZATION.—The Commission is authorized 
to accept funds from a Federal or non-Federal entity, in-
cluding through a grant or funding agreement, to study, 
design, construct, operate, or maintain wastewater treat-
ment works, water conservation projects, or flood control 
works, and related structures, consistent with the func-
tions of the Commission. 
(b) DEPOSIT.—Any funds accepted by the Commis-
sion under this section shall be— 
(1) deposited into the account in the Treasury 
of the United States entitled ‘‘International Bound-
ary and Water Commission, United States and Mex-
ico’’; 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 Commis-
sion 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 for-
eign 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 fis-
cal 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 Inno-
vation Act (42 U.S.C. 19237). 
Passed the House of Representatives December 11, 
2025. 
Attest: 
Clerk.
119TH CONGRESS 
1ST SESSION 
H. R. 3898 
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.