Press Releases

Republican Members of the Transportation and Infrastructure Committee introduced 15 bills to cut red tape, streamline reviews, and provide greater regulatory certainty under Clean Water Act (CWA) permitting processes. The measures are targeted, common-sense reforms that will strengthen the permitting process for permit seekers and holders, while providing clearer instruction and standards for permitting agencies. 

These bills will have an immediate impact on energy producers, the agriculture industry, home and road builders, water utilities, and everyday Americans regulated under the CWA by allowing critical infrastructure projects to be built more quickly and efficiently. These reforms are designed to reduce burdensome regulatory requirements, protect against frivolous lawsuits, and increase transparency, while ensuring clean water protections. In doing so, these bills make permitting work, unleashing America’s potential to build and develop.

The bills to clarify permitting reviews under the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) were introduced by Water Resources and Environment Subcommittee Chairman Mike Collins (R-GA), and Reps. Rick Crawford (R-AR), David Rouzer (R-NC), Doug LaMalfa (R-CA), Pete Stauber (R-MN), Burgess Owens (R-UT), Eric Burlison (R-MO), Jeff Hurd (R-CO), Jefferson Shreve (R-IN), Dave Taylor (R-OH), and Jimmy Patronis (R-FL).

“The Clean Water Act was intended to protect water quality, support healthy communities, and balance the demands of economic growth across the United States.  Over the years, however, this law has been abused and weaponized by some bureaucrats, activists, states, and others to delay permits and block critical infrastructure and energy projects for reasons that have nothing to do with ensuring water quality,” said Transportation and Infrastructure Committee Chairman Sam Graves (R-MO).  “I want to thank all the Committee Republicans who are leading on these bills to ensure that permitting processes are more consistent, transparent, and remain within the scope of the Clean Water Act.”

“I am proud to stand with Chairman Graves and the House Transportation and Infrastructure Committee in delivering Clean Water Act reform. Rogue bureaucrats and activists have taken advantage of well-intended legislation to assault infrastructure development, delaying progress and impeding crucial growth. This package will get hurdles out of our way so that we can continue providing clean water while allowing growth for America’s critical infrastructure,” said Water Resources and Development Subcommittee Chairman Mike Collins (R-GA).

“The Clean Water Act was designed to strike an important balance between protecting our nation’s water quality and natural resources while simultaneously supporting responsible development, economic growth, and our national security,” said Speaker of the House Mike Johnson (R-LA). “Unfortunately, this law has been applied beyond its original purpose, leading to regulatory overreach that causes costly delays and blocks critical energy and infrastructure projects with little to no connection to water quality. It was never meant to give the federal government sweeping control over every ditch and stream. It is past time to return to a balanced approach that meets both environmental and economic realities. I’m grateful to Chairman Graves and my Republican colleagues on the Committee for their leadership in advancing common-sense legislation to restore clarity to the permitting process and ensure the Clean Water Act reflects the law’s true intent.”

“For the last several years, the Clean Water Act has been abused by radical leftist activists, government bureaucrats, and others to delay permitting and hinder domestic energy products for their own political agenda. The CWA was meant to protect communities and water quality – not handicap America’s energy sector and block critical infrastructure,” said Majority Leader Steve Scalise (R-LA). “I’m proud to see these Republican Members of the Transportation and Infrastructure Committee taking on this harmful CWA bureaucracy through 15 bills that cut burdensome red tape, streamline the permitting process, and enhance regulatory certainty.”

“For too long, the Clean Water Act has been abused by unelected bureaucrats and climate activists to further their own agendas, creating confusion and complications in the permitting process. Thankfully, Transportation and Infrastructure Committee Republicans are restoring its original intent, cutting red tape, and creating more regulatory certainty for the American people,” said House Majority Whip Tom Emmer (R-MN).

“I’m proud to support my colleagues’ common-sense bills that will improve the Clean Water Act. We’re cutting unnecessary regulations, restructuring permitting, and providing greater regulatory certainty. These bills give us a chance to better protect our water resources while empowering communities and job creators. I am grateful to Chairman Graves and Chairman Collins for their leadership,” said House Republican Conference Chair Lisa McClain (R-MI).

Summary of bills introduced by Committee Republicans:

The Promoting Efficient Review for Modern Infrastructure Today (PERMIT) Act (H.R. 3898) – introduced by Water Resources and Environment Subcommittee Chairman Mike Collins (R-GA).  The bill codifies longstanding Waters of the United States (WOTUS) exclusions for water treatment systems, ephemeral features, groundwater, and prior converted cropland that have been included as part of WOTUS regulations over the years. This legislation will provide important predictability and consistency for manufacturers, farmers, energy producers, utilities, and others who have relied on these exclusions, in some instances for decades.

Click here to read the legislation.

The Clarifying Federal General Permits Act (H.R. 3899) – introduced by Water Resources and Environment Subcommittee Chairman Mike Collins (R-GA).  This bill codifies EPA’s existing practice of issuing general permits under the National Pollutant Discharge Elimination System (NPDES) program, requiring EPA to either reissue NPDES general permits or provide two years written notice if they do not intend to reissue the general permit.  This bill provides certainty to thousands of entities nationwide who rely on NPDES general permits.

Click here to read the legislation.

The Water Quality Technology Availability Act (H.R. 3900) – introduced by Water Resources and Environment Subcommittee Chairman Mike Collins (R-GA). This bill protects the regulated community from overburdensome regulation by ensuring that technology they are required to use to comply with effluent limitation guidelines (ELGs) for wastewater discharges is technology that is actually commercially available in the United States, therefore making ELGs reasonably obtainable.

Click here to read the legislation.

The Farmers Undertake Environmental Land Stewardship (FUELS) Act (H.R. 3909) – introduced by Rep. Rick Crawford (R-AR). This bill eases burdens on America’s farmers and ranchers, as well as the EPA, by raising the exemption level for a single container of up to 10,000 gallons of fuel, while adjusting the aggregate level for an entire production facility to 42,000 gallons. Currently, to store more than 20,000 gallons of fuel in aggregate aboveground storage, farmers are required to get Professional Engineers (PEs) to inspect the containers and provide official certification. These guidelines are essentially unenforceable because most of the farming community lacks access to PEs. The bill is more reflective of producer’s spill risk and financial resources and would significantly reduce the number of farms the EPA has to regulate. 

Click here to read the legislation.

The Improving Water Quality Certifications and American Energy Infrastructure Act (H.R. 3928) – introduced by Rep. David Rouzer (R-NC). This bill addresses the weaponization of the water quality certification process by clarifying that the scope of Section 401 CWA approvals is limited to only impacts to water quality and by clarifying procedural guardrails and requirements on states as they process requests for certification to prevent future abuses. The bill clarifies that states, when evaluating water quality, only consider discharges that would result from the federally permitted or licensed activity itself – not from other sources; establishes clear requirements for water quality certification requests; requires states to make final decisions on whether to grant or deny a request in writing based only on water quality reasons; and requires states to inform a project applicant within 90 days whether the states have all of the materials needed to process a certification request. 

Click here to read the legislation.

The Reducing Regulatory Burdens Act (H.R. 3824) – introduced by Rep. David Rouzer (R-NC).  This bill eliminates a duplicative regulatory process at the EPA for the use of pesticides, saving taxpayer money and reducing regulatory burdens on pesticide users, while maintaining the same level of environmental protection. The bill prohibits the EPA or states from requiring permits under the NPDES program for discharges of pesticides into navigable waters if the pesticides are registered, used for their intended purposes, and used in compliance with their pesticide label requirements, as already required. 

Click here to read the legislation.

The Nationwide Permitting Improvement Act (H.R. 3927) – introduced by Rep. David Rouzer (R-NC).  This bill codifies longstanding, historical interpretation and practice around the Nationwide Permit (NWP) process and provides clarity regarding several areas where challenges have risen against the well-established process. The bill maintains certainty that regulated entities involved in improving U.S. energy production, transportation infrastructure, and other commercial activities have had for years.  The bill extends the maximum period of reissuance for general permit holders from five to ten years; clarifies that when issuing NWPs, only the categories within the confines of CWA Section 404 authority (dredge and fill material discharges) are considered; and provides a clear, predictable process for good actors, including those providing fuels through linear pipelines. 

Click here to read the legislation.

The Forest Protection and Wildland Firefighter Safety Act of 2025 (H.R. 3300) – introduced by Rep. Doug LaMalfa (R-CA).  This bill ensures aerial fire retardant remains available for wildfire suppression efforts without being tied up in CWA permitting delays.  The bill clarifies that federal, state, local, and tribal firefighting agencies do not need a NPDES permit to use fire retardant from aircraft when responding to wildfires.  The Forest Service has made clear that aerial retardant is a critical part of its integrated wildfire strategy and that current operations already prohibit discharge into waterways or buffer zones.  The bill builds on existing exemptions in the CWA for fire control activities and ensures continued use of fire retardants that are approved and listed on the Forest Service’s Qualified Products List. 

Click here to read the legislation.

The Reducing Permitting Uncertainty Act (H.R. 3935) – introduced by Rep. Pete Stauber (R-MN).  This bill prevents the EPA from vetoing a Section 404 dredge and fill permit before a permit application has been filed or after a permit has already been issued by the Corps. Under CWA Section 404(c), the EPA has the authority to veto a pending permit application if it is determined that it will have adverse effects on municipal water supplies, shellfish beds and fisheries, wildlife, or recreation areas. However, there have been instances where the EPA has either preemptively issued a veto before there was an application or belatedly revoked a permit after the Corps approved it.  The bill simply clarifies that the EPA’s veto authority may only be used while an application for a dredge and fill permit is pending through the normal permitting process, as originally intended under the CWA. 

Click here to read the legislation.

The Water Quality Criteria Development and Transparency Act (H.R. 3888) – introduced by Rep. Burgess Owens (R-UT).  This bill establishes a more transparent procedure for the development of water quality criteria by the EPA often used for National Pollutant Discharge Elimination System (NPDES) permits.  The bill will provide for more inclusive public participation and limited judicial review. The EPA develops recommended water quality criteria under CWA Section 304(a), which are used by many states in carrying out their NPDES permitting responsibilities.  Given the importance of water quality criteria development, this bill ensures that outside comments are not ignored and are legitimately considered in the development of these guidelines.  The bill also ensures that Section 304(a) water quality criteria are subject to Administrative Procedures Act notice and comment rulemaking requirements and limited judicial review, ensuring regulated entities have a seat at the table and water quality is protected. 

Click here to read the legislation.

The Judicial Review Timeline Clarity Act (H.R. 3905) – introduced by Rep. Eric Burlison (R-MO).  This bill addresses the issue of activists using the judicial system and frivolous lawsuits to delay infrastructure projects. The bill sets reasonable judicial review timelines for CWA Section 404 dredge and fill permits to help ensure reliable and efficient project authorizations, which will help spur commercial activity.  Under this legislation, any lawsuit seeking judicial review of a Section 404 general or individual permit must be filed within the first sixty days of its issuance.  Furthermore, if a court deems that the Secretary of the Army did not comply with the underlying statute in issuing a permit, this legislation requires the court to remand back to the Secretary and specifies what actions must be taken. The Secretary is required to take any action the court may order within 180 days of the remand. 

Click here to read the legislation.

The Jurisdictional Determination Backlog Reduction Act (H.R. 3901) – introduced by Rep. Jeff Hurd (R-CO).  This bill requires the Corps to implement expedited procedures and allocate necessary resources to eliminate the existing backlog of jurisdictional determinations, as well as pending applications for Clean Water Act (CWA) Section 404 dredge and fill permits. Farmers, homeowners, ranchers, small businesses, and many others rely on timely jurisdictional determinations and 404 permitting.  The Corps’ current backlog of more than 3,500 pending jurisdictional determinations is leaving many Americans and critical infrastructure projects in regulatory limbo.

Click here to read the legislation.

The Water Quality Standards Attainability Act (H.R. 3934)– introduced by Rep. Jefferson Shreve (R-IN).  This bill requires that water quality standards (WQS), which are developed by states and approved by EPA, take into account municipal combined storm and sanitary sewer long-term control plans, as well as the attainability of the WQS through commercially available treatment technologies.  The EPA approved WQS for the state of Washington in 2024, despite many in the regulated community being unable to adhere to these standards because of a lack of available technology to do so.

Click here to read the legislation.

The Confidence in Clean Water Permits Act (H.R. 3897) – introduced by Rep. Dave Taylor (R-OH).  This bill clarifies that NPDES permits must include only clear, objective, concrete limits on specific pollutants or waterbody conditions, and that as long as permit holders are adhering to these clear effluent limitations, they are in compliance under the law, as outlined in the 2025 San Francisco v. EPA case. Additionally, this bill codifies the longstanding EPA policy that permit holders are shielded from liability as long as they are following the terms in their NPDES permits and have provided all relevant information to the permit writer during the application process.  The bill ensures that NPDES permit writers do their job in a manner that permittees can rely on, limits opportunities for frivolous lawsuits, and protects permit holders that are acting in good faith, following the specific requirements in their permits in accordance with decades-old EPA policy. 

Click here to read the legislation.

The Restoring Federalism in Clean Water Act Permitting Act (H.R. 3902) – introduced by Rep. Jimmy Patronis (R-FL). This bill requires the EPA to undertake a review of the current regulations surrounding the state assumption process for Section 404 CWA permits in order to streamline the process and encourage additional states to take the lead in issuing these permits. This legislation also limits the judicial review of EPA’s approval of state assumptions to 60 days, providing more certainty and predictability to states and permitees, while limiting activist lawsuits.

Click here to read the legislation.