IIB 
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 Representa-
tives of the United States of America in Congress assembled, 
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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)— 
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(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-
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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: 
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‘‘(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 
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(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 
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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, 
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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’’; 
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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 
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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: 
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‘‘(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-
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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 
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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 
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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-
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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-
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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— 
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(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 
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‘‘(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 
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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’’; 
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(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— 
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‘‘(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-
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‘‘(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— 
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‘‘(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 
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(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 
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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 
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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 
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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); 
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