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‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of this section, the Secretary 
shall maintain general permits on a nationwide 
basis for linear infrastructure projects that do 
not result in the loss of greater than 1⁄2-acre of 
waters of the United States for each single and 
complete project (as defined in section 330.2 of 
title 33, Code of Federal Regulations (as in ef-
fect on the date of enactment of this para-
graph)). 
‘‘(B) DEFINITION OF LINEAR INFRASTRUC-
TURE PROJECT.—In this paragraph, the term 
‘linear infrastructure project’ means a project 
to carry out any activity required for the con-
struction, expansion, maintenance, modification, 
or removal of infrastructure and associated fa-
cility for the transmission from a point of origin 
to a terminal point of communications or elec-
tricity or the transportation from a point of ori-
gin to a terminal point of people, water, waste-
water, carbon dioxide, or fuel or hydrocarbons 
(in the form of a liquid, liquescent, gaseous, or 
slurry substance or supercritical fluid), includ-
ing oil and gas pipeline facilities. 
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‘‘(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) ADMINISTRATION OF NATIONWIDE PERMIT PRO-
GRAM.—In carrying out section 404(e) of the Federal 
Water Pollution Control Act (33 U.S.C. 1344), the Sec-
retary 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 
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Department of the Army, Corps of Engineers (86 
Fed. Reg. 2868); 
(2) the definition of single and complete linear 
project, as included in such final rule (86 Fed. Reg. 
2877); or 
(3) the definition of single and complete 
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. 8. 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.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
applicable provision of law relating to statutes 
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of limitations, an action seeking judicial review 
of— 
‘‘(i) an individual 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 
‘‘(ii) verification that an activity is au-
thorized 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. 
‘‘(B) SAVINGS
PROVISION.—Nothing in 
subparagraph (A) may be construed to author-
ize an action seeking judicial review of the 
structure of, or authorization for, a State per-
mit program approved pursuant to this section. 
‘‘(2) LIMITATION ON COMMENCEMENT OF CER-
TAIN
ACTIONS.—Notwithstanding any other provi-
sion of law, no action described in paragraph (1)(A) 
may be commenced unless the action— 
‘‘(A) is filed by a party that submitted a 
comment, during the public comment period for 
the administrative proceedings related to the 
applicable action described in such paragraph, 
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which comment was sufficiently detailed to put 
the Secretary or the State, as applicable, on no-
tice of the issue upon which the party seeks ju-
dicial review; and 
‘‘(B) is related to such comment. 
‘‘(3) REMEDY.—If a court determines that the 
Secretary or the State, as applicable, did not comply 
with the requirements of this section in issuing an 
individual or general permit under this section, or in 
verifying that an activity is authorized by a general 
permit issued under this section, as applicable— 
‘‘(A) the court shall remand the matter to 
the Secretary or the State, as applicable, for 
further proceedings consistent with the court’s 
determination; 
‘‘(B) with respect to a determination re-
garding the issuance of an individual or general 
permit under this section, the court may not va-
cate, revoke, enjoin, or otherwise limit the per-
mit, unless the court finds that activities au-
thorized under the permit would present an im-
minent and substantial danger to human health 
or the environment for which there is no other 
equitable remedy available under the law; and 
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‘‘(C) with respect to a determination re-
garding a verification that an activity is author-
ized by a general permit issued under this sec-
tion, the court may not enjoin the activity, un-
less the court finds that the activity would 
present an imminent and substantial danger to 
human health or the environment for which 
there is no other equitable remedy available 
under the law. 
‘‘(4) TIMELINE TO ACT ON COURT ORDER.—If 
a court remands a matter under paragraph (2), the 
court shall set and enforce a reasonable schedule 
and deadline, which may not exceed 180 days from 
the date on which the court remands such matter, 
except as otherwise required by law, for the Sec-
retary or the State, as applicable, to take such ac-
tions as the court may order.’’. 
SEC. 9. LIMITATION ON PERMIT ISSUANCE. 
Title IV of the Federal Water Pollution Control Act 
(33 U.S.C. 1341 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 407. LIMITATION ON PERMIT ISSUANCE. 
‘‘(a) PROHIBITION.—No permit may be issued under 
this title for any discharge from a point source that is 
owned or operated by an entity that— 
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‘‘(1) is subject to the jurisdiction of a foreign 
country of concern (as defined in section 9901(7) of 
the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (15 U.S.C. 
4651(7)); or 
‘‘(2) is a subsidiary of an entity that is subject 
to the jurisdiction of a foreign country of concern 
(as so defined). 
‘‘(b) APPLICATION.—This section shall be applied in 
a manner consistent with the obligations of the United 
States under applicable international agreements.’’. 
SEC. 10. IMPLEMENTATION GUIDANCE. 
(a) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, the Administrator of the 
Environmental Protection Agency and the Secretary of the 
Army, acting through the Chief of Engineers, shall begin 
a process to issue guidance on the implementation of the 
final rule published on September 8, 2023, by the Depart-
ment of the Army, Corps of Engineers, Department of De-
fense and the Environmental Protection Agency and titled 
‘‘Revised Definition of ‘Waters of the United States’; Con-
forming’’ (88 Fed. Reg. 61964). 
(b) PUBLIC COMMENT.—In issuing the guidance re-
quired under subsection (a), the Administrator and the 
Secretary shall— 
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(1) prior to such issuance, solicit comments 
from the public on such guidance; and 
(2) ensure that such comments and any re-
sponses to such comments are made publicly avail-
able. 
(c) COMPLIANCE.—Any guidance issued pursuant to 
this section shall comply with the decision of the Supreme 
Court in Sackett v. EPA, 598 U.S. 651 (2023). 
SEC. 11. RULE OF CONSTRUCTION. 
Nothing in this Act, including the amendments made 
by this Act, may be construed as affecting the ban on oil 
and gas development in the Great Lakes described in sec-
tion 386 of the Energy Policy Act of 2005 (42 U.S.C. 
15941). 
SEC. 12. REPORT ON CORPS STAFFING NEEDS. 
Not later than 60 days after the date of enactment 
of this Act, the Administrator of the Environmental Pro-
tection Agency and the Secretary of the Army, acting 
through the Chief of Engineers, shall submit to Congress 
a report on— 
(1) the staffing needs of the Environmental 
Protection Agency and the Corps of Engineers to 
process applications for, and issue, permits under 
the Federal Water Pollution Control Act, based on 
the number of such applications submitted during 
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the 5-year period preceding such date of enactment; 
and 
(2) the impact that funding for additional full- 
time employees would have on processing timelines 
for such permits. 
SEC. 13. SAVINGS CLAUSE RELATING TO PFAS. 
Nothing in this Act, including the amendments made 
by this Act, shall affect the authority of the Administrator 
of the Environmental Protection Agency to conduct re-
search on perfluoroalkyl and polyfluoroalkyl substances. 
SEC. 14. APPROVAL OF FLORIDA PERMIT PROGRAM. 
The notice of the Environmental Protection Agency 
approving the State of Florida’s request to carry out a 
permit program for the discharge of dredged or fill mate-
rial pursuant to section 404 of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1344), published on Decem-
ber 22, 2020, and titled ‘‘EPA’s Approval of Florida’s 
Clean Water Act Section 404 Assumption Request’’ (85 
Fed. Reg. 83553) shall have the force and effect of law. 
Passed the House of Representatives March 21, 
2024. 
Attest: 
KEVIN F. MCCUMBER, 
Clerk. 
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