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Last progress June 11, 2025 (8 months ago)
Introduced on June 11, 2025 by David Rouzer
Amends the Clean Water Act's Section 401 to narrow and clarify state and agency water-quality certification language. It replaces broad references to “water quality requirements” with explicit citations to specific statutory sections, requires certification focus on discharges that “may directly result,” adds a definition of the listed "applicable provisions," and makes a set of word-level and procedural edits to improve precision. The change is technical and targeted: it does not create new programs or funding, but refines statutory text that governs how states and agencies evaluate and condition federal licenses and permits for discharges to waters of the United States. That affects permit applicants, state certifying authorities, and federal permitting agencies by changing the legal framing they must use in reviews and certifications.
In subsection (a), paragraph (1), first sentence: strike "may result" and insert "may directly result" (changes the threshold language to emphasize a direct result).
In subsection (a), paragraph (1), second sentence: strike "activity" and insert "discharge" (replaces a general term with the term "discharge").
In subsection (a), paragraph (1), third sentence: strike each place it appears and insert "requests" (replaces the referenced word(s) with "requests").
In subsection (a), paragraph (1), fifth sentence: strike "act on" and insert "grant or deny" (changes the described agency action wording).
In subsection (a), paragraph (1): insert after the fourth sentence the text: "Improving Water Quality Certifications and American Energy Infrastructure Act" (an inserted phrase immediately following the fourth sentence).
Who is affected and how:
Point source dischargers (municipal and industrial permit applicants): Will face a clarified standard when seeking federal permits that require Section 401 certification; agencies and applicants will use the narrower "may directly result" formulation when preparing and responding to certification determinations. This could change the scope of issues that certifying authorities consider or condition.
State governments and state water-quality certifying authorities: Must apply the updated statutory language and the new definition of "applicable provisions" when issuing, conditioning, or denying certifications. The clearer statutory cross-references may limit or focus the legal bases states cite in certification actions.
Permit applicants for dredge-and-fill and other federal authorizations (including Section 404 applicants and other federal-license applicants): Will interact with certifying authorities under the revised wording; procedural communications, application materials, and legal arguments may be adjusted to reflect the clarified statutory references.
Federal agencies and permitting authorities: Will see a narrower framing of the state certification authority to consider when coordinating with states during licensing and permitting processes.
Local communities and stakeholders: Indirectly affected because changes to the scope of certification review may alter what conditions are placed on projects that affect local waters. The amendment itself does not change water-quality standards or create new protections; it changes how the statutory text is applied.
Overall effect: The amendment is technical and limits ambiguity by naming the specific statutory provisions that are "applicable" and by narrowing the causal language to discharges that "may directly result." That refinement is likely to concentrate certification review on more direct discharge pathways and make statutory references more predictable, but it does not, on its face, add new regulatory requirements or funding. Implementation and real-world impact will depend on how certifying authorities, federal agencies, and courts interpret and apply the revised wording in specific permit reviews and litigation.
Referred to the House Committee on Transportation and Infrastructure.