IB 
Union Calendar No. 306 
118TH CONGRESS 
2D SESSION 
H. R. 7023 
[Report No. 118–375] 
To amend section 404 of the Federal Water Pollution Control Act to codify 
certain regulatory provisions relating to nationwide permits for dredged 
or fill material, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 17, 2024 
Mr. ROUZER introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
FEBRUARY 6, 2024 
Reported with amendments, committed to the Committee of the Whole House 
on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 17, 2024] 
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A BILL 
To amend section 404 of the Federal Water Pollution Con-
trol Act to codify certain regulatory provisions relating 
to nationwide permits for dredged or fill material, and 
for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Creating Confidence in 
Clean Water Permitting Act’’. 
SEC. 2. 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 amended by adding at the end the following: 
‘‘(10) ADMINISTRATIVE PROCEDURE.—After the 
date of enactment of this paragraph, the Adminis-
trator shall issue any new or revised water quality 
criteria under paragraph (1) or (9) by rule.’’. 
(b) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE-
VIEW.—Section 509(b)(1) of the Federal Water Pollution 
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)(10),’’ after ‘‘strategy under section 304(l),’’. 
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charge that was covered by the expired general per-
mit; and 
‘‘(ii) apply such terms, conditions, and require-
ments to any discharge that would have been covered 
by the expired general permit (in accordance with 
any relevant requirements for such coverage) if the 
discharge had occurred before such expiration.’’. 
SEC. 4. 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 
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‘‘(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 permit, 
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 permit applica-
tion 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 identified 
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during the permit application proc-
ess.’’. 
(b) EXPRESSION OF WATER QUALITY-BASED EFFLU-
ENT LIMITATIONS.—Section 402 of the Federal Water Pol-
lution Control Act (33 U.S.C. 1342) is amended by adding 
at the end the following: 
‘‘(t) EXPRESSION OF WATER QUALITY-BASED EFFLU-
ENT LIMITATIONS.—If the Administrator (or a State, in the 
case of a permit program approved by the Administrator) 
determines that a water quality-based limitation on a dis-
charge of a pollutant is necessary to include in a permit 
under this section in addition to any appropriate tech-
nology-based effluent limitations included in such permit, 
the Administrator (or the State) may include such water 
quality-based limitation in such permit only in the form 
of an effluent limitation that specifies— 
‘‘(1) the pollutant to which it applies; and 
‘‘(2) the numerical limit on the discharge of such 
pollutant, or the precise waterbody conditions to be 
attained with respect to such pollutant, required to 
comply with the permit.’’. 
SEC. 5. REDUCING PERMITTING UNCERTAINTY. 
(a) IN GENERAL.—Section 404(c) of the Federal Water 
Pollution Control Act (33 U.S.C. 1344(c)) is amended— 
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(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 insert-
ing ‘‘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 dur-
ing which the Administrator may prohibit the speci-
fication (including the withdrawal of specification) of 
any defined area as a disposal site, or deny or re-
strict the use of any defined area for specification (in-
cluding 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 Secretary 
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 
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Act (33 U.S.C. 1344) after the date of enactment of this 
Act. 
SEC. 6. NATIONWIDE PERMITTING IMPROVEMENT. 
(a) IN GENERAL.—Section 404(e) of the Federal Water 
Pollution Control Act (33 U.S.C. 1344) is amended— 
(1) by striking ‘‘(e)(1) In carrying’’ and insert-
ing the following: 
‘‘(e) GENERAL PERMITS ON STATE, REGIONAL, OR NA-
TIONWIDE BASIS.— 
‘‘(1) PERMITS AUTHORIZED.—In carrying’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘(2) No general’’ and insert-
ing 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 shall consider only the effects 
of any discharge of dredged or fill material resulting 
from such activity. 
‘‘(4) NATIONWIDE PERMITS FOR LINEAR INFRA-
STRUCTURE PROJECTS.— 
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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 effect 
on the date of enactment of this paragraph)). 
‘‘(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 construc-
tion, expansion, maintenance, modification, or 
removal of infrastructure and associated facility 
for the transmission from a point of origin to a 
terminal point of communications or electricity 
or the transportation from a point of origin to 
a terminal point of people, water, wastewater, 
carbon dioxide, or fuel or hydrocarbons (in the 
form of a liquid, liquescent, gaseous, or slurry 
substance or supercritical fluid), including 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 Endangered 
Species Act of 1973 (16 U.S.C. 1535(a)) is re-
quired; 
‘‘(B) no consultation with a Federal agency 
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 re-
spect 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 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 De-
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partment 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 Fed-
eral Regulations (as in effect on the date of enactment 
of this Act). 
SEC. 7. 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 subsection 
(u); 
(2) in subsection (u), as so redesignated, by 
striking ‘‘Nothing in the section’’ and inserting ‘‘SAV-
INGS PROVISION.—Nothing in this section’’; and 
(3) by inserting after subsection (s) the following: 
‘‘(t) JUDICIAL REVIEW.— 
‘‘(1) STATUTE OF LIMITATIONS.— 
‘‘(A) IN
GENERAL.—Notwithstanding any 
applicable provision of law relating to statutes of 
limitations, an action seeking judicial review 
of— 
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‘‘(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 
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. 
‘‘(B) SAVINGS PROVISION.—Nothing in sub-
paragraph (A) may be construed to authorize an 
action seeking judicial review of the structure of, 
or authorization for, a State permit program ap-
proved pursuant to this section. 
‘‘(2) LIMITATION ON COMMENCEMENT OF CER-
TAIN ACTIONS.—Notwithstanding any other provision 
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 ap-
plicable action described in such paragraph, 
which comment was sufficiently detailed to put 
the Secretary or the State, as applicable, on no-
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tice of the issue upon which the party seeks judi-
cial 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 in-
dividual 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 fur-
ther proceedings consistent with the court’s deter-
mination; 
‘‘(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 author-
ized under the permit would present an immi-
nent and substantial danger to human health or 
the environment for which there is no other equi-
table remedy available under the law; and 
‘‘(C) with respect to a determination re-
garding a verification that an activity is author-
ized by a general permit issued under this sec-
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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 Secretary or the 
State, as applicable, to take such actions as the court 
may order.’’. 
SEC. 8. IMPLEMENTATION GUIDANCE. 
(a) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, the Administrator of the En-
vironmental 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). 
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(b) PUBLIC COMMENT.—In issuing the guidance re-
quired under subsection (a), the Administrator and the Sec-
retary shall— 
(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). 
Amend the title so as to read: ‘‘A bill to amend the 
Federal Water Pollution Control Act to provide regu-
latory and judicial certainty for regulated entities and 
communities, increase transparency, and promote water 
quality, and for other purposes.’’. 
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Union Calendar No. 306 
118TH CONGRESS 
2D SESSION 
H. R. 7023 
[Report No. 118–375] 
A BILL 
To amend section 404 of the Federal Water Pollu-
tion Control Act to codify certain regulatory pro-
visions relating to nationwide permits for dredged 
or fill material, and for other purposes. 
FEBRUARY 6, 2024 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
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