PERMIT Act Passes House with Numerous Western Caucus Provisions
Washington,
December 11, 2025
Tags:
Water
WASHINGTON, D.C. – Earlier today, the House of Representatives passed H.R. 3898, the Promoting Efficient Review for Modern Infrastructure Today (PERMIT) Act on a vote of 221-205. Included in this measure were individual provisions from Congressional Western Caucus Chairman Doug LaMalfa (CA-01), Vice Chair Jeff Hurd (CO-03), Vice Chair Pete Stauber (MN-08), Congressman Rick Crawford (AR-01), Congressman Burgess Owens (UT-04), and Congressman David Rouzer (NC-07). After passage of the PERMIT Act, our Members released the following statements on their legislation:
Section 9 of the PERMIT Act, which is based on H.R. 3300, the Forest Protection and Wildland Firefighter Safety Act. “With wildfire season now practically year-round and more destructive than ever, preventing or limiting the use of any fire retardant because someone insists on a permit first is completely backwards,” said Chairman LaMalfa. “Aerial fire retardant has been used safely for decades and is already highly regulated. These lawsuits don’t protect the environment; they tie firefighters’ hands while fires race through forests and towards homes. I’m glad to see the PERMIT Act passed the House with my bill included. It ensures our crews can act quickly, without being tripped up by fringe litigation or years of paperwork.” Section 17 of the PERMIT Act, which is based on H.R. 3901, the Jurisdictional Determination Backlog Reduction Act. “Delays in permit approvals are stalling key infrastructure projects in Colorado and across the nation,” said Vice Chair Hurd. “My bill requires the Army Corps to clear this backlog so communities can get moving on critical projects without unnecessary delays. I’m proud this important legislation passed with the PERMIT Act today, and I’m grateful to Chairman Graves and Chairman Collins for their leadership on cutting red tape that prevents America from building.” Section 12 of the PERMIT Act, which is based on H.R. 3935, the Reducing Permitting Uncertainty Act. "In Minnesota's 8th District, the PERMIT Act passing means a brighter future for our mining industry—creating good-paying jobs, boosting local economies, and ensuring we responsibly harness the Iron Range's world-class resources to strengthen our national security and supply chains. This landmark legislation slashes unnecessary bureaucratic hurdles, accelerates permitting processes for essential infrastructure projects, and paves the way for American energy independence all while maintaining a pristine environment," said Vice Chair Stauber. Section 19 of the PERMIT Act, which is based on H.R. 3909, the Farmers Undertake Environmental Land Stewardship (FUELS) Act. "In a time when we need to be doing everything in our power to eliminate the bureaucratic red tape that strangles so many of our nation’s producers, the inclusion of the Farmers Undertake Environmental Land Stewardship (FUELS) Act in today’s Permit Act is a major victory. This sensible legislation reduces regulatory burdens and costs for farmers and ranchers by granting them greater flexibility to self-certify on-farm fuel storage tanks," said Congressman Crawford. Section 3 of the PERMIT Act, which is based on H.R. 3888, the Water Quality Criteria Development and Transparency Act. “The Biden EPA issued new water quality criteria with no transparency and no input from the farmers, families, and job creators who have to live with the consequences of these closed-door decisions. Included in the PERMIT Act, my Water Quality Criteria Development and Transparency Act, is a commonsense fix to hold these unelected bureaucrats accountable and give Utahns, and stakeholders across the country, a real voice. I'm proud to see this package pass the House and will keep working with my Republican colleagues to cut red tape and restore accountability," said Congressman Burgess Owens. Legislative Overviews: H.R. 3300, the Forest Protection and Wildland Firefighter Safety Act of 2025 Section 9 of the PERMIT Act Sponsored by Chairman Doug LaMalfa The Forest Protection and Wildland Firefighter Safety Act of 2025 ensures that aerial fire retardant is available for wildfire suppression efforts, uninhibited by Clean Water Act (CWA) permitting delays. Firefighting agencies will no longer need an NPDES permit to use fire retardants from aircraft when responding to wildfires. This bill builds upon existing exemptions in the CWA which allow fire retardants to be used for wildfire suppression. H.R. 3901, the Jurisdictional Determination Backlog Reduction Act Section 17 of the PERMIT Act Sponsored by Vice Chair Jeff Hurd The Jurisdictional Determination Backlog Reduction Act requires the Secretary of the Army to ensure that the U.S. Army Corps of Engineers has dedicated enough resources to eliminating the existing backlog of jurisdictional determinations and pending applications for CWA Section 404 dredge and fill permits. In its current state, the Army Corps has reported a backlog of over 3,500 pending jurisdictional determinations that are preventing vital infrastructure projects from advancing. H.R. 3935, the Reducing Permitting Uncertainty Act Section 12 of the PERMIT Act Sponsored by Vice Chair Pete Stauber The Reducing Permitting Uncertainty Act prevents the EPA from using the CWA to preemptively veto drudge and fill projects before they have filed a permit application or retroactively veto a permit after it has been issued by the Army Corps of Engineers. The EPA will maintain its authority to veto pending applications that will negatively impact municipal water supplies, shellfish beds and fisheries, wildlife, or recreation areas. However, that veto authority can only be exercised while a dredge and fill permit is pending through the normal permitting process. H.R. 3909, the Farmers Undertake Environmental Land Stewardship (FUELS) Act Section 19 of the PERMIT Act Sponsored by Congressman Rick Crawford The Farmers Undertake Environmental Land Stewardship (FUELS) Act will allow farmers to store significantly more fuel without requiring inspection from a Professional Engineer. Specifically, it will increase 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. The FUELS Act reflects the spill risk of producers, lowers costs for farmers, and reduces the regulatory workload of the EPA. H.R. 3888, the Water Quality Criteria Development and Transparency Act Section 3 of the PERMIT Act Sponsored by Congressman Burgess Owens The Water Quality Criteria Development and Transparency Act requires the EPA to follow a more transparent, accountable, and science-based process when developing water quality criteria for Nationally Pollutant Discharge Elimination System (NDPES) permits, under the CWA. The act subjects EPA’s Section 304(a) water quality criteria to notice-and-comment rulemaking, ensuring that all stakeholders and regulated entities can meaningfully contribute before new federal standards are adopted. Additionally, the bill prevents regulatory overreach by providing for a limited judicial review. H.R. 3928, the Improving Water Quality Certifications and American Energy Infrastructure Act Section 5 of the PERMIT Act Sponsored by Congressman David Rouzer The Water Quality Certification and American Energy Infrastructure Act alters Section 401 of the CWA to prevent government overreach and regulatory weaponization. The act ensures that Section 401 reviews are only applicable for water quality impacts and ensures that states can only consider discharges caused by federally permitted activities during evaluations. Furthermore, states will be mandated to publish clear requirements for water quality certification requests, make final decisions on request acceptance/denial, in writing, based only upon water quality reasons, and to inform project applicants whether they have provided all materials necessary to process a certification request, within 90 days. H.R. 3824, the Reducing Regulatory Burdens Act Section 11 of the PERMIT Act Sponsored by Congressman David Rouzer The Reducing Regulatory Burdens Act refines the EPA’s redundant pesticides regulation process to ensure that permits are not required under the NPDES program for discharges of pesticides into navigable waters if the pesticides are registered and used in compliance with their labels and intended purposes. This maintains EPA’s public health and environmental protections while decreasing regulatory burden and cost. H.R. 3927, the Nationwide Permitting Improvement Act Section 13 of the PERMIT Act Sponsored by Congressman David Rouzer The Nationwide Permitting Improvement Act codifies historical and longstanding practices around the Nationwide Permit (NWP) process, clarifying multiple areas of the NWP process that have created challenges in the past. Additionally, the bill extends the maximum period of reissuance for general permit holders from five to ten years. |
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