PERMIT Act

The bill would amend the Federal Water Pollution Control Act (Clean Water Act) across more than 20 provisions. It would redefine "navigable waters" to exclude waste treatment systems, ephemeral features that flow only after precipitation, prior converted cropland, groundwater, and other features the Army Corps of Engineers and EPA determine to exclude. It would extend standard discharge permits from five to ten years, require nationwide general permits for many linear infrastructure and pipeline projects, exempt agricultural stormwater and certain pesticide discharges from permitting, overhaul the Section 401 state water-quality certification process with new deadlines, and bar EPA from withdrawing approved state dredge-and-fill permit programs (Michigan, New Jersey, Florida) without new congressional authorization. It would also impose a 60-day statute of limitations and narrower remedies for lawsuits challenging Clean Water Act permits, direct the Army Corps to reduce jurisdictional-determination backlogs and revise compensatory mitigation rules, and raise thresholds under the Spill Prevention, Control, and Countermeasure rule. It does not eliminate the Clean Water Act's core permitting structure, and several provisions direct future rulemaking rather than take immediate effect.

Farmers and agricultural landowners, developers and infrastructure or pipeline companies seeking federal permits, states that administer Clean Water Act permit programs (including Michigan, New Jersey, and Florida), the Army Corps of Engineers, the Environmental Protection Agency, and parties who bring lawsuits challenging water permits or certifications.

Narrowing which waters are federally regulated and extending permit terms would reduce the scope and frequency of federal environmental review for construction, energy, and agricultural projects, potentially speeding development but also reducing regulatory oversight of wetlands, streams, and discharges. The tighter litigation deadlines and limited remedies would make it harder to challenge permits in court.

Several provisions require rulemaking or administrative action within set windows: EPA and the Army Corps must jointly determine navigable-waters exclusions, the Corps must revise compensatory mitigation regulations and reduce permitting backlogs within 60 days, EPA must review state program approval rules within 180 days, and the Corps must identify federal lands suited for water recharge within a year, reporting to Congress at 18 months. States and EPA must publish certification requirements within 30 days of enactment. Courts reviewing permits or certifications would face new expedited timelines, filing deadlines, and restricted remedies, shifting practical enforcement toward the agencies rather than litigation.