PERMIT Act
Key claim: The PERMIT Act (HR3898) would limit Clean Water Act jurisdiction by redefining navigable waters to exclude waste treatment systems, ephemeral precipitation-driven features, prior converted cropland, groundwater, and other features the Army Corps of Engineers determines are excluded.
Abstract
(HR3898 · 119th Congress) Promoting Efficient Review for Modern Infrastructure Today Act or the PERMIT Act This bill limits the scope of the Clean Water Act by redefining navigable waters to exclude (1) waste treatment systems, (2) ephemeral features that flow only in direct response to precipitation, (3) prior converted cropland, (4) groundwater, or (5) any other features determined to be excluded by the U.S. Army Corps of Engineers. Latest action (2025-12-15): Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Why this matters
The scope of ‘navigable waters’ under the Clean Water Act determines when farmers, ranchers, and rural landowners must obtain federal permits for land-disturbing activities, and it has shifted repeatedly through rulemaking and litigation. Codifying exclusions for ephemeral features, prior converted cropland, groundwater, and waste treatment systems would reduce federal permitting exposure for agricultural operations but could also narrow water-quality protections that affect downstream users and drinking water sources.