Permits for dredged or fill material

(a) Reducing permitting uncertainty (1) In general Section 404(c) of the Federal Water Pollution Control Act (33 U.S.C. 1344(c)) is amended— (A) by striking (c) The Administrator and inserting the following: (c) Specification or use of defined area (1) In general The Administrator; (B) in paragraph (1) (as so designated), by inserting during the period described in paragraph (2) and before after notice and opportunity for public hearings; and (C) by adding at the end the following: (2) Period of prohibition The period during which the Administrator may prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, or deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site, under paragraph (1)— (A) begins on the date on which an applicant submits a complete application under this section; and (B) ends on the date on which the Secretary issues the permit.. (2) Applicability The amendments made by paragraph (1) shall apply to a permit application submitted under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) after the date of enactment of this Act. (b) Nationwide permitting improvement Section 404(e) of the Federal Water Pollution Control Act (33 U.S.C. 1344(e)) is amended— (1) by striking (e)(1) In carrying and inserting the following: (e) General permits on State, regional, or nationwide basis (1) Permits authorized In carrying; (2) in paragraph (2)— (A) by striking (2) No general and inserting the following: (2) Term (A) In general No general; (B) in subparagraph (A) (as so designated), by striking five years and inserting 10 years; and (C) by adding at the end the following: (B) Timing of modification The Secretary may modify a general permit pursuant to subparagraph (A) during the term of the general permit or during the renewal of the general permit.; and (3) by adding at the end the following: (3) Considerations In determining the environmental effects of an activity under paragraph (1) or (2), the Secretary— (A) shall consider only the effects on compliance with water quality requirements (as defined in section 401(h)) of any discharge of dredged or fill material resulting from the activity; and (B) shall consider any effects of a discharge of dredged or fill material into less than 2 acres of navigable waters to be a minimal adverse environmental effect. (4) Nationwide permits for activities (A) General permits authorized Notwithstanding any other provision of this section, the Secretary shall maintain general permits on a nationwide basis for activities described in subparagraph (B). (B) Activities described An activity referred to in subparagraph (A) is an activity— (i) authorized under Nationwide Permit 12, Nationwide Permit 14, Nationwide Permit 43, Nationwide Permit 57, or Nationwide Permit 58, as those nationwide permits are described in and reissued pursuant to the final rule of the Corps of Engineers entitled Reissuance and Modification of Nationwide Permits (91 Fed. Reg. 768 (January 8, 2026)); and (ii) that results in a discharge of dredged or fill material into less than 2 acres of navigable waters for each single and complete project (as defined in section 330.2 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this paragraph)), including a single and complete linear project and a single and complete non-linear project (as those terms are defined in the final rule of the Corps of Engineers entitled Reissuance and Modification of Nationwide Permits (91 Fed. Reg. 768 (January 8, 2026))). (C) Retention of general and individual permitting authority Nothing in this paragraph prohibits the Secretary from issuing— (i) general permits on a regional or State basis; or (ii) individual permits for linear infrastructure projects. (5) Reissuance of nationwide permits (A) In general Subject to subparagraph (B), in determining whether to reissue a general permit issued on a nationwide basis under this subsection— (i) no consultation with an applicable State pursuant to section 6(a) of the Endangered Species Act of 1973 (16 U.S.C. 1535(a)) is required; (ii) no consultation with a Federal agency pursuant to section 7(a)(2) of that Act (16 U.S.C. 1536(a)(2)) is required; (iii) the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall be satisfied by preparing a programmatic environmental assessment with respect to the general permit; and (iv) no consultation under section 306108 of title 54, United States Code, is required. (B) Requirement Clauses (i) through (iv) of subparagraph (A) shall only apply to a general permit being reissued pursuant to that subparagraph if the general permit does not— (i) narrow or eliminate preconstruction requirements; or (ii) raise the threshold for such preconstruction requirements..