Restoring Federalism in Clean Water Permitting Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3902 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 3902

 To direct the Administrator of the Environmental Protection Agency to 
   review the regulations applicable to the approval of State permit 
programs under section 404 of the Federal Water Pollution Control Act, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2025

 Mr. Patronis introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To direct the Administrator of the Environmental Protection Agency to 
   review the regulations applicable to the approval of State permit 
programs under section 404 of the Federal Water Pollution Control Act, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restoring Federalism in Clean Water 
Permitting Act''.

SEC. 2. STATE ASSUMPTION OF SECTION 404 PERMIT PROGRAM REGULATION 
              REVIEW.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator of the Environmental Protection Agency shall complete 
a review of the regulations applicable to the approval of State permit 
programs under section 404 of the Federal Water Pollution Control Act 
(33 U.S.C. 1344) in order to identify revisions to such regulations 
necessary to streamline the approval process, reduce administrative 
burdens, and encourage additional States to administer a permit program 
under such section, and the Administrator shall implement any such 
revisions as appropriate.

SEC. 3. 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.--Notwithstanding any 
        applicable provision of law relating to statutes of 
        limitations, an action seeking judicial review of the approval 
        by the Administrator of a State permit program pursuant to this 
        section shall be filed not later than the date that is 60 days 
        after the date on which the approval was issued.
            ``(2) Limitation on commencement of certain actions.--
        Notwithstanding any other provision of law, no action described 
        in paragraph (1) may be commenced unless the action--
                    ``(A) is filed by a party that submitted a 
                comment--
                            ``(i) during the public comment period for 
                        the administrative proceedings related to such 
                        action; and
                            ``(ii) which was sufficiently detailed to 
                        put the Administrator 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 Administrator 
        did not comply with the requirements of this section in issuing 
        an approval of a State permit program pursuant to this 
        section--
                    ``(A) the court shall remand the matter to the 
                Administrator for further proceedings consistent with 
                the determination of the court; and
                    ``(B) the court may not vacate, revoke, enjoin, or 
                otherwise limit the authority of the State to issue 
                permits under such State permit program, unless the 
                court finds that activities authorized under any permit 
                issued under the program 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 Administrator to take such 
        actions as the court may order.''.
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