H.R. 3898 — what changed

Section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341) is amended—

“(e) Notwithstanding section 505, any condition imposed on a Federal license or permit by a licensing or permitting agency under this section may be enforced only by such licensing or permitting agency.

“(f) For purposes of this section, the applicable provisions of sections 301, 302, 303, 306, and 307 are any applicable effluent limitations and other limitations under section 301 or 302, any water quality standard in effect for a State under section 303, any standard of performance under section 306, and any prohibition, effluent standard, or pretreatment standard under section 307.

“(g) A request for certification under this section shall be made in writing to the State, interstate agency, or Administrator, as the case may be. A complete request for certification shall consist of the following:

“(1) Identification of each applicant for the Federal license or permit with respect to which the certification is requested.

“(2) A statement that information included in the request for certification is truthful, accurate, and complete, to the best knowledge of each such applicant.

“(3) In the case of a request for certification with respect to an individual permit or license—

“(A) identification of the Federal license or permit that is the subject of the application with respect to which the certification is requested;

“(B) identification of any activity the conduct of which is subject to such Federal license or permit;

“(C) identification of the location and nature of any discharge that may directly result from such activity, and the location of the receiving waters;

“(D) a description of means that may be used to monitor, control, or manage any such discharge; and

“(E) a list of all other Federal, interstate, Tribal, State, or local agency authorizations required for the conduct of such activity, and any approval or denial of such an authorization already received.

“(4) In the case of a request for certification with respect to the issuance of a general license or general permit—

“(A) identification of the proposed categories of activities to be covered by the general license or general permit for which certification is requested;

“(B) a description of the proposed general license or general permit, which may include a draft of the proposed general license or permit; and

changed “(C) an estimate of the number of discharges expected to result from the proposed general license or general permit annually.”annually.

added “(h) Judicial review

added “(1) Affected certification actions—This subsection shall apply to any civil action for the review of a certification action with respect to an applicant for a license or permit—

added “(A) for the construction or operation of facilities for the transmission of electric energy or energy fuels in interstate or foreign commerce; or

added “(B) from the Federal Energy Regulatory Commission.

added “(2) Standing and filing deadline—Not withstanding any other provision of law, no court shall have jurisdiction to review a civil action under this subsection, except for a civil action filed not later than 30 days after the final action on the certification by—

added “(A) the applicant; or

added “(B) a person who has suffered, or likely and imminently will suffer, direct and irreparable economic harm from the authorization; provided that an organization or association satisfies this harm requirement only if each member of the organization or association satisfies the requirement.

added “(3) Expedited consideration

added “(A) The Court shall—

added “(i) set any petition for review brought under this subsection for expedited consideration; and

added “(ii) issue a final decision no later than 120 days after the filing of the civil action, unless the court finds extraordinary circumstances, in which the Court may take up to 60 additional days to issue a final decision.

added “(B) Failure to comply with deadline—If the civil action concerns a certification that has been granted, the Court’s failure to issue a final decision in compliance with the deadlines in subparagraph (A) shall mean the civil action is denied with prejudice.”

removed 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.

changed Not later than 60 180 days after the date of enactment of this Act, the Secretary Administrator of the Army, acting through the Chief of Engineers, Environmental Protection Agency shall expedite such procedures and reallocate or augment such personnel and resources complete a review of the Corps regulations applicable to the approval of Engineers as State permit programs under section 404 of the Secretary determines Federal Water Pollution Control Act (33 U.S.C. 1344) in order to identify revisions to such regulations necessary to eliminate 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 backlog existing such revisions as of June 5, 2025, of—appropriate.

removed Section 502(7) of the Federal Water Pollution Control Act (33 U.S.C. 1362(7)) is amended—

removed “(7) Navigable waters

removed “(A) In general—The term”

removed “(B) Exclusions—The term navigable waters does not include the following:

removed “(i) Any component of a waste treatment system, including any lagoon or treatment pond (such as a settling or cooling pond), designed to actively or passively—

removed “(I) convey or retain wastewater; or

removed “(II) concentrate, settle, reduce, or remove pollutants from wastewater.

removed “(ii) Ephemeral features that flow only in direct response to precipitation.

removed “(iii) Any area that—

removed “(I) prior to December 23, 1985, was drained or otherwise manipulated for the purpose, or having the effect, of making production of an agricultural product possible, as determined by the Administrator and the Secretary of the Army, acting through the Chief of Engineers, which determinations shall be consistent with any designations of prior converted cropland made by the Secretary of Agriculture; and

removed “(II) as determined by the Administrator—

removed “(aa) at least once in the immediately preceding five years has been used for, or in support of, agricultural purposes, including grazing, haying, idling land for conservation use (such as habitat management, pollinator and wildlife management, water storage and supply management, and flood management), irrigation tailwater storage, farm-raised fish production, cranberry production, nutrient retention, and idling land for soil recovery after natural disasters such as hurricanes and drought; and

removed “(bb) has not reverted to wetlands (as defined in section 120.2 of title 40, Code of Federal Regulations, as in effect on the date of enactment of this clause).

removed “(iv) Groundwater.

removed “(v) Any other features determined to be excluded by the Administrator and the Secretary of the Army, acting through the Chief of Engineers.”

changed Section 1049 Not later than 60 days after the date of enactment of this Act, the Water Resources Reform Secretary of the Army, acting through the Chief of Engineers, shall expedite such procedures and Development Act reallocate or augment such personnel and resources of 2014 (33 U.S.C. 1361 note) is amended—the Corps of Engineers as the Secretary determines necessary to eliminate any backlog existing as of June 5, 2025, of—

removed “(A) an aggregate aboveground storage capacity greater than 10,000 gallons but less than 42,000 gallons; and”

removed “(A) with an aggregate aboveground storage capacity of less than or equal to 10,000 gallons; and”

changed With respect to any covered project (as defined under section 41001 of the FAST Act (42 U.S.C. 4370m)) for which a certification or permit from a State under section 401, 402, or 404 Section 502(7) of the Federal Water Pollution Control Act is required, the State is encouraged to choose to participate, to the maximum extent practicable, in the environmental review and authorization process under section 41003(c) of the FAST Act (42 (33 U.S.C. 4370m–2(c)), pursuant to paragraph (3)(A) of such section.1362(7)) is amended—

added “(7) Navigable waters

added “(A) In general—The term”

added “(B) Exclusions—The term navigable waters does not include the following:

added “(i) Any component of a waste treatment system, including any lagoon or treatment pond (such as a settling or cooling pond), designed to actively or passively—

added “(I) convey or retain wastewater; or

added “(II) concentrate, settle, reduce, or remove pollutants from wastewater.

added “(ii) Ephemeral features that flow only in direct response to precipitation.

added “(iii) Any area that—

added “(I) prior to December 23, 1985, was drained or otherwise manipulated for the purpose, or having the effect, of making production of an agricultural product possible, as determined by the Administrator and the Secretary of the Army, acting through the Chief of Engineers, which determinations shall be consistent with any designations of prior converted cropland made by the Secretary of Agriculture; and

added “(II) as determined by the Administrator—

added “(aa) at least once in the immediately preceding ten years has been used for, or in support of, agricultural purposes, including grazing, haying, idling land for conservation use (such as habitat management, pollinator and wildlife management, water storage and supply management, and flood management), irrigation tailwater storage, farm-raised fish production, cranberry production, nutrient retention, and idling land for soil recovery after natural disasters such as hurricanes and drought; and

added “(bb) has not reverted to wetlands (as defined in section 120.2 of title 40, Code of Federal Regulations, as in effect on the date of enactment of this clause).

added “(iv) Groundwater.

added “(v) Any other features determined to be excluded by the Administrator and the Secretary of the Army, acting through the Chief of Engineers.”

changed It is the sense of Congress that the Chesapeake Bay Watershed Agreement is a voluntary, cooperative agreement between the Federal Government, the State of Delaware, the District of Columbia, the State of Maryland, the Commonwealth of Pennsylvania, the State Section 1049 of New York, the Commonwealth of Virginia, Water Resources Reform and the State Development Act of West Virginia. As such, the Federal Government should take a collaborative and cooperative approach to the parties with regard to their compliance with the Chesapeake Bay Total Maximum Daily Load outlined in such agreement.2014 (33 U.S.C. 1361 note) is amended—

added “(A) an aggregate aboveground storage capacity greater than 10,000 gallons but less than 42,000 gallons; and”

added “(A) with an aggregate aboveground storage capacity of less than or equal to 10,000 gallons; and”