H.R. 3898
PERMIT Act
Official summary
Written by the Congressional Research Service.
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.
Text of the bill
Section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)) is amended by adding at the end the following:
(4) Agricultural stormwater discharge
(A) In general. The Administrator shall not require a permit, nor directly or indirectly require any State to require a permit, under this section for discharges of stormwater, including from subsurface drainage, from agricultural land that occur in direct response to a precipitation event.
(B) Agricultural land defined. In this paragraph, the term agricultural land includes—
(i) land on which an agricultural input (such as manure and other crop nutrients, crop protection, or seed) is applied;
(ii) land on which animals (including fish and shellfish), crops (including fruit and nut trees), crop residue, plants, seed, or vegetation are present for purposes of farming or ranching; and
(iii) land that is—
(I) immediately adjacent to, and functionally related to, land described in clause (i) or (ii); and
(II) necessary to support agricultural production, soil conservation, flood control, or water quality.