H.R. 7023House118th Congress (2023-2025)Passed House

Creating Confidence in Clean Water Permitting Act

Introduced January 17, 2024

AI-Generated Summary

Updated January 20, 2026 at 2:07 PM UTC

The Creating Confidence in Clean Water Permitting Act amends the Clean Water Act to make water‑quality criteria, permitting and judicial review processes clearer and more predictable for regulated entities and communities. It adds rules for how the EPA issues criteria, manages general and nationwide permits, defines compliance, and limits permits for entities tied to foreign countries of concern. The goal is to increase transparency, reduce uncertainty, and improve water quality.

Key Provisions

  • Requires the EPA Administrator to issue any new or revised water‑quality criteria by rule, adding a clear administrative procedure.
  • Gives EPA authority to issue general permits for similar discharges, mandates notice if a permit expires, and continues the expired permit’s terms until a new one is issued.
  • Sets fixed terms for NPDES permits: up to 10 years for state or municipal permits and up to 5 years for other permit holders.
  • Expands the definition of compliance to include pollutants not listed in the permit but identified through monitoring, application information, or indicator parameters, and allows water‑quality‑based effluent limits to be expressed as specific numeric limits or required water‑body conditions.
  • Extends nationwide permit terms to ten years, creates a category for linear infrastructure projects, and removes certain state, federal and NEPA consultation requirements when re‑issuing such permits.
  • Establishes a 60‑day deadline for filing judicial review of individual or general permits, bars permits for point‑source discharges owned by entities under the jurisdiction of a foreign country of concern or its subsidiaries, and directs EPA and the Army Corps to issue guidance on the 2023 “Waters of the United States” rule and report staffing needs for permit processing.

Legislative Activity

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31 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

March 22, 2024

View full timeline
HouseIntro Referral

Introduced in House

January 17, 2024

HouseIntro Referral

Referred to the House Committee on Transportation and Infrastructure.

January 17, 2024

HouseCommittee

Referred to the Subcommittee on Water Resources and Environment.

January 19, 2024

HouseCommittee

Subcommittee on Water Resources and Environment Discharged

January 31, 2024

HouseCommittee

Committee Consideration and Mark-up Session Held

January 31, 2024

HouseCommittee

Ordered to be Reported (Amended).

January 31, 2024

HouseCommittee

Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 118-375.

February 6, 2024

HouseCalendars

Placed on the Union Calendar, Calendar No. 306.

February 6, 2024

HouseFloor

Rules Committee Resolution H. Res. 1085 Reported to House. Rule provides for consideration of H.R. 1023, H.R. 1121, H.R. 6009, H. Con. Res. 86, H. Res. 98and H.R. 7023. The resolution provides for consideration H.R. 1023, H.R. 1121, H.R. 6009, H. Con. Res. 86, and H. Res. 987 under a closed rule, and H.R. 7023 under a structured rule, each with one hour of general debate. The rule provides for one motion to recommit each on H.R. 1023, H.R. 1121, H.R. 6009, and H.R. 7023.

March 19, 2024 • 8:07 PM

HouseFloor

Rule H. Res. 1085 passed House.

March 20, 2024 • 2:09 PM

HouseFloor

Considered under the provisions of rule H. Res. 1085. (consideration: CR H1322-1340; text of amendment in the nature of a substitute: CR H1331-1332)

March 21, 2024 • 2:44 PM

HouseFloor

Rule provides for consideration of H.R. 1023, H.R. 1121, H.R. 6009, H. Con. Res. 86, H. Res. 987 and H.R. 7023. The resolution provides for consideration H.R. 1023, H.R. 1121, H.R. 6009, H. Con. Res. 86, and H. Res. 987 under a closed rule, and H.R. 7023 under a structured rule, each with one hour of general debate. The rule provides for one motion to recommit each on H.R. 1023, H.R. 1121, H.R. 6009, and H.R. 7023.

March 21, 2024 • 2:44 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1085 and Rule XVIII.

March 21, 2024 • 2:44 PM

HouseFloor

The Speaker designated the Honorable Daniel Meuser to act as Chairman of the Committee.

March 21, 2024 • 2:44 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 7023.

March 21, 2024 • 2:45 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 1085, the Committee of the Whole proceeded with 10 minutes of debate on the Bergman amendment No. 1.

March 21, 2024 • 3:36 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 1085, the Committee of the Whole proceeded with 10 minutes of debate on the Garamendi amendment No. 2.

March 21, 2024 • 3:42 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 1085, the Committee of the Whole proceeded with 10 minutes of debate on the Houlahan amendment No. 3.

March 21, 2024 • 3:48 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 1085, the Committee of the Whole proceeded with 10 minutes of debate on the James amendment No. 4.

March 21, 2024 • 3:53 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 1085, the Committee of the Whole proceeded with 10 minutes of debate on the Moolenaar amendment No. 5.

March 21, 2024 • 3:58 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 1085, the Committee of the Whole proceeded with 10 minutes of debate on the Bean (FL) amendment No. 7.

March 21, 2024 • 4:06 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 1085, the Committee of the Whole proceeded with 10 minutes of debate on the Graves (LA) amendment No. 8.

March 21, 2024 • 4:12 PM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 7023.

March 21, 2024 • 4:56 PM

HouseFloor

The previous question was ordered pursuant to the rule.

March 21, 2024 • 4:58 PM

HouseFloor

The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.

March 21, 2024 • 4:58 PM

HouseFloor

Ms. Scholten moved to recommit to the Committee on Transportation and Infrastructure. (text: CR H1328)

March 21, 2024 • 4:59 PM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 205 - 213 (Roll no. 100).

March 21, 2024 • 5:06 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 213 - 205 (Roll no. 101).

March 21, 2024 • 5:13 PM

HouseFloor

On passage Passed by recorded vote: 213 - 205 (Roll no. 101).

March 21, 2024 • 5:13 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

March 21, 2024 • 5:13 PM

HouseFloor

The title of the measure was amended. Agreed to without objection.

March 21, 2024 • 5:13 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

March 22, 2024

Floor Debate

23 members

What members said about H.R. 7023 on the floor

12 Republicans11 Democrats
Grace F. Napolitano
Rep. Grace F. NapolitanoD-CA-31 · Mar 21, 2024

Mr. Chairman, I rise in strong opposition to H.R. 7023. This bill significantly restricts the oversight and regulatory authorities of the EPA and Corps of Engineers under the Clean Water Act. The…

Guy Reschenthaler
Rep. Guy ReschenthalerR-PA-14 · Mar 20, 2024

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1085 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Mary Gay Scanlon
Rep. Mary Gay ScanlonD-PA-5 · Mar 20, 2024

Mr. Speaker, I thank the gentleman from Pennsylvania (Mr. Reschenthaler) for yielding the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, today's rule provides for…

Garret Graves
Rep. Garret GravesR-LA-6 · Mar 21, 2024

Mr. Chair, I thank Chairman Graves and Chairman Rouzer for working on this legislation. Mr. Chair, the reality is that America has been wrapped in a bureaucratic morass. We have been wrapped in red…

David Rouzer
Rep. David RouzerR-NC-7 · Mar 21, 2024

Mr. Chair, I don't think I have ever heard so much nonsense in such a short period of time. As a member of the Transportation and Infrastructure Committee, I rise today in strong support of H.R.…

Show 8 more
Rick Larsen
Rep. Rick LarsenD-WA-2 · Mar 21, 2024

Mr. Chair, our predecessors in Congress worked in a bipartisan manner to enact the Clean Water Act, one of the Nation's bedrock environmental laws. The legislation before us today was not developed…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Mar 21, 2024

Mr. Chair, I am here today to speak in strong opposition to the proposed legislation, H.R. 7023, the Creating Confidence in Clean Water Permitting Act. This bill would modify requirements under the…

Betty McCollum
Rep. Betty McCollumD-MN-4 · Mar 29, 2024

Mr. Speaker, I rise in opposition to H.R. 1121-- Protecting American Energy Production Act; H.R. 6009--Restoring American Energy Dominance Act; H. Con. Res. 86--Expressing the sense of Congress that…

Sam Graves
Rep. Sam GravesR-MO-6 · Mar 21, 2024

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 7023. Mr. Chairman, I yield…

Aaron Bean
Rep. Aaron BeanR-FL-4 · Mar 21, 2024

Mr. Chair, I have an amendment at the desk. Mr. Chair, ERROR: 404 not found. It is the dreaded computer message that appears when you visit a website or access a file that no longer exists.…

Chrissy Houlahan
Rep. Chrissy HoulahanD-PA-6 · Mar 21, 2024

Mr. Chair, I have an amendment at the desk. Mr. Chairman, I rise today to urge my colleagues to support this bipartisan and straightforward amendment to help pass the backlog of permits that have…

Emilia Strong Sykes
Rep. Emilia Strong SykesD-OH-13 · Mar 21, 2024

Mr. Chair, as the vice chair of the House Transportation and Infrastructure Subcommittee on Water Resources and Environment, I rise in strong opposition to H.R. 7023. This bill is a combination of…

Nicholas A. Langworthy
Rep. Nicholas A. LangworthyR-NY-23 · Mar 20, 2024

Mr. Speaker, I thank the gentleman from Pennsylvania (Mr. Reschanthaler), my colleague on the Rules Committee, for yielding me the time. Contrary to what my colleagues on the other side of the aisle…

Show 11 more
Hillary J. Scholten
Rep. Hillary J. ScholtenD-MI-3 · Mar 21, 2024

Mr. Chair, I rise in opposition to H.R. 7023. Mr. Chair, despite meeting every stipulated requirement, my amendment to this dangerous bill to protect our children from pollutants in their water was…

Eric Burlison
Rep. Eric BurlisonR-MO-7 · Mar 21, 2024

Mr. Chair, I rise in support of the Creating Confidence in Clean Water Permitting Act, a bill that pushes back against the out- of-control EPA and ensures that important projects are approved in a…

Jared Huffman
Rep. Jared HuffmanD-CA-2 · Mar 21, 2024

Mr. Chair, I rise in opposition to H.R. 7023, another example of team extreme's polluters over people agenda. Folks may be wondering why we are talking about a bill that tries to gut the Clean Water…

John Garamendi
Rep. John GaramendiD-CA-8 · Mar 21, 2024

Mr. Chair, I have an amendment at the desk. Mr. Chairman, this amendment would allow the U.S. Environmental Protection Agency and 47 States and U.S. territories with delegated authority under the…

John R. Moolenaar
Rep. John R. MoolenaarR-MI-2 · Mar 21, 2024

Mr. Chair, I have an amendment at the desk. Mr. Chair, my amendment is straightforward. It prohibits the EPA from issuing a water permit to a company that is based in a foreign country of concern as…

Pete Stauber
Rep. Pete StauberR-MN-8 · Mar 21, 2024

Mr. Chair, our permitting system is a great burden to our Nation. It delays infrastructure projects indefinitely, stops us from bringing energy sources online, and deters investments in our…

Summer L. Lee
Rep. Summer L. LeeD-PA-12 · Mar 21, 2024

Mr. Chair, I stand today in vehement opposition to H.R. 7023, the Creating Confidence in Clean Water Permitting Act. It is amusing that we are having an energy week conducted by a majority that uses…

Burgess Owens
Rep. Burgess OwensR-UT-4 · Mar 21, 2024

Mr. Chair, I am speaking today in support of H.R. 7023. This bill includes language from my legislation, the Water Quality Criteria Development and Transparency Act. As a Member of Congress, I value…

John James
Rep. John JamesR-MI-10 · Mar 21, 2024

Mr. Chair, I have an amendment at the desk. Mr. Chairman, today, I stand before my colleagues with a grave concern that demands our immediate attention. The Great Lakes, the lifeblood of our region,…

John S. Duarte
Rep. John S. DuarteR-CA-13 · Mar 21, 2024

Mr. Chair, I rise today to support H.R. 7023, the Creating Confidence in Clean Water Permitting Act. This bill provides relief to farmers, small businesses, and energy producers across the Central…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Mar 21, 2024

Mr. Speaker, I rise to give dignity and respect to the victims of pollution across America, those who have suffered from toxic catastrophes, like the train derailment in Palestine, but, more…

Bill Text

4 versions available

Reading Mode
Latest
Referred in SenateIssued March 22, 2024

IIB

118th CONGRESS

2d Session

H. R. 7023

IN THE SENATE OF THE UNITED STATES

March 22, 2024

Received; read twice and referred to the Committee on Environment and Public Works

AN ACT

To amend the Federal Water Pollution Control Act to provide regulatory and judicial certainty for regulated entities and communities, increase transparency, and promote water quality, and for other purposes.


1.

Short title

This Act may be cited as the Creating Confidence in Clean Water Permitting Act.

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 Administrator 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 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 criteria for water quality pursuant to section 304(a)(10), after strategy under section 304(l),.

3.

Federal general permits

Section 402(a) of the Federal Water Pollution Control Act (33 U.S.C. 1342(a)) is amended by adding at the end the following:

(6)
(A)

The Administrator is authorized to issue general permits under this section for discharges of similar types from similar sources.

(B)

The Administrator may require submission of a notice of intent to be covered under a general permit issued under this section, including additional information that the Administrator determines necessary.

(C)

If a general permit issued under this section will expire and the Administrator 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 expiration of the general permit.

(D)

If a general permit issued under this section expires and the Administrator has not published a notice in accordance with subparagraph (C), until such time as the Administrator issues a new general permit for discharges similar to those covered by the expired general permit, the Administrator shall—

(i)

continue to apply the terms, conditions, and requirements of the expired general permit to any discharge that was covered by the expired general permit; and

(ii)

apply such terms, conditions, and requirements 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.

.

4.

National pollutant discharge elimination system (NPDES) terms

Section 402(b)(1)(B) of the Federal Water Pollution Control Act (33 U.S.C. 1342(b)(1)(B)) is amended to read as follows:

(B)

are for fixed terms—

(i)

not exceeding 10 years, for a permit issued to a State or municipality; and

(ii)

not exceeding 5 years, for a permit issued to any person not described in clause (i); and

.

5.

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 inserting 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 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 identified 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 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 identified during the permit application process.

.

(b)

Technical corrections

Section 402(l)(3) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)(3)) is amended—

(1)

in subparagraph (B)—

(A)

by striking section 402 and inserting this section; and

(B)

by striking federal and inserting Federal; and

(2)

in subparagraph (C)—

(A)

by striking Section and inserting section;

(B)

by striking 402(p)(6) and inserting subsection (p)(6);

(C)

by striking 402(l)(3)(A), and inserting subparagraph (A),; and

(D)

by striking 402(l)(3)(A). and inserting such subparagraph..

(c)

Expression of water quality-based effluent 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 effluent 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 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 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.

.

6.

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 inserting the following:

(c)

Specification or use of defined area

(1)

In general

The Administrator

;

(2)

in paragraph (1), as so designated, by inserting 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 specification) of any defined area as a disposal site, or deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site, under paragraph (1) shall—

(A)

begin on the date on which an applicant 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 subsection (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.

7.

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 inserting the following:

(e)

General permits on State, regional, or nationwide basis

(1)

Permits authorized

In carrying

;

(2)

in paragraph (2)—

(A)

by striking (2) No general and inserting 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 environmental 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 infrastructure projects

(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 ½-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 infrastructure project

In this paragraph, the term linear infrastructure project means a project to carry out any activity required for the construction, 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.

(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 required;

(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 respect to such general permit.

.

(b)

Administration of nationwide permit program

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 Permits and published on January 13, 2021, by the 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).

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 subsection (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 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—

(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 subparagraph (A) may be construed to authorize an action seeking judicial review of the structure of, or authorization for, a State permit program approved pursuant to this section.

(2)

Limitation on commencement of certain 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 applicable action described in such paragraph, which comment was sufficiently detailed to put 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)

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 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 equitable remedy available under the law; and

(C)

with respect to a determination regarding a verification that an activity is authorized by a general permit issued under this section, the court may not enjoin the activity, unless 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.

.

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:

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—

(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.

.

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 Department of the Army, Corps of Engineers, Department of Defense and the Environmental Protection Agency and titled Revised Definition of Waters of the United States; Conforming (88 Fed. Reg. 61964).

(b)

Public comment

In issuing the guidance required under subsection (a), the Administrator and the Secretary shall—

(1)

prior to such issuance, solicit comments from the public on such guidance; and

(2)

ensure that such comments and any responses to such comments are made publicly available.

(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).

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 section 386 of the Energy Policy Act of 2005 (42 U.S.C. 15941).

12.

Report on Corps staffing needs

Not later than 60 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 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 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.

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 research on perfluoroalkyl and polyfluoroalkyl substances.

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 material pursuant to section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), published on December 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.

Kevin F. McCumber,

Clerk.