AIMarkup of the PERMIT Act to reform Clean Water Act permitting

Environmental Permitting and Water InfrastructureHouse Transportation and Infrastructure · June 25, 2025 · 119th Congress
The House Transportation and Infrastructure Committee met to mark up an amendment in the nature of a substitute to H.R. Begins at ▶ 0:15:30
Transcript
Highlights

Title

Markup of the PERMIT Act to reform Clean Water Act permitting

Purpose

The House Transportation and Infrastructure Committee met to mark up an amendment in the nature of a substitute to H.R. 3898, the PERMIT Act, a package of Clean Water Act permitting reforms combining numerous individual members' bills on topics including WOTUS exclusions, section 401 water quality certifications, general permits, pesticide regulation, and aerial fire retardant use. The markup included a lengthy series of Democratic amendments — largely rejected on near party-line recorded votes — seeking EPA impact studies on disadvantaged communities, PFAS, algal blooms, and Great Lakes water quality before the bill could take effect. The committee ultimately ordered the bill favorably reported as amended. Begins at▶ 0:15:30

Who spoke

• Chairman Sam Graves (R-MO)▶ 0:15:30: Opened the markup, called up H.R. 3898, and later offered a manager's amendment with technical fixes and provisions from Reps. Stauber, Feenstra (Peterronis in transcript), and Johnson▶ 0:58:26; opposed nearly all Democratic amendments and presided over recorded votes▶ 3:11:05.

• Rep. Mike Collins (R-GA), WRE Subcommittee Chair▶ 0:16:57: Offered the amendment in the nature of a substitute, describing it as codifying longstanding WOTUS exclusions▶ 0:18:49, EPA general permit reissuance requirements▶ 0:19:09, and a commercial-availability-of-technology requirement he tied to a Biden-era steam power plant rule▶ 0:19:33; opposed most Democratic amendments throughout, including on wetlands no-net-loss▶ 1:49:53 and PFAS▶ 2:04:47.

• Rep. John Larson (D-CT), Ranking Member▶ 0:20:20: Announced opposition to the ANS, arguing it guts federal authority and undermines state/tribal partnership on clean water▶ 0:21:15; offered Amendment 01 removing three provisions limiting state 401 authority, citing objections from Texas, Idaho, Florida, and North Carolina to past federal 401 changes▶ 1:08:55; supported several Democratic amendments including on 404(c) protections for Bristol Bay▶ 2:33:57.

• Rep. Scott Perry (R-PA)▶ 0:24:36: Argued permitting delays are based on requirements "beyond the limits of technology"▶ 0:25:24 and cited PJM grid strain and a $5,000/MWh spike as evidence of energy scarcity from restrictive permitting▶ 0:26:18; later offered an amendment on Chesapeake Bay TMDL cooperation that passed▶ 2:06:10.

• Rep. Jared Huffman (D-CA)▶ 0:27:45: Argued the bill's cuts to grid interties, paired with reconciliation-bill infrastructure cuts, worsen blackout risk▶ 0:28:12; warned the bill relies on an EPA/Army Corps gutted by staff cuts of 25-30%▶ 1:04:24; later offered amendments to preserve tribal 401 authority▶ 2:26:56 and to protect Bristol Bay/Pebble Mine from a weakened 404(c) timeline▶ 2:29:41, both rejected on recorded votes.

• Rep. David Rouzer (R-NC)▶ 0:31:04: Touted his Nationwide Permitting Improvement Act, Reducing Regulatory Burdens Act, and Improving Water Quality Certifications Act as included in the package▶ 0:31:31; repeatedly opposed Democratic amendments, saying states like California, Washington, Oregon, and New York have "abused section 401" to block a coal terminal, gas pipeline, and LNG facility▶ 1:11:14.

• Rep. (unidentified GA member on dredging)▶ 0:34:13: Described a district facility stuck in litigation for 15 years, settled just before the markup▶ 0:35:13.

• Rep. Jeff Hurd (R-CO)▶ 0:35:44: Highlighted his Jurisdictional Determination Backlog Reduction Act, citing a Corps backlog of over 3,500 jurisdictional determinations▶ 0:36:10.

• Rep. (unidentified, "Mr. Start")▶ 0:37:01: Promoted Section 12, his Reducing Permitting Uncertainty Act, clarifying EPA's timeline to veto Section 404(c) permits▶ 0:38:26.

• Rep. (unidentified, "Mr. Shri")▶ 0:39:35: Discussed his Water Quality Standards Attainability Act, citing EPA rollbacks of Indiana water-quality-standard changes for Indianapolis and Fort Wayne in early 2024▶ 0:40:53.

• Rep. Mike Taylor (?)▶ 0:42:14: Highlighted his Confidence in Clean Water Permits Act, citing the Supreme Court's San Francisco v. EPA decision on NPDES permit ambiguity▶ 0:42:41.

• Rep. Burgess Owens (R-UT)▶ 0:43:31: Argued EPA sets water quality criteria via "guidance" without public input or rulemaking, avoiding transparency▶ 0:44:21.

• Rep. (unidentified FL member on state 404 assumption)▶ 0:44:50: Backed a bill restoring Florida's stripped-away 404 permitting authority▶ 0:45:14.

• Rep. Andrew Burlison? / "Burlson" (R-MO)▶ 0:46:13: Discussed his Judicial Review Timeline Clarity Act, setting a 60-day window to challenge Section 404 permits after the Sackett v. EPA decision▶ 0:47:04.

• Rep. Doug LaMalfa (R-CA)▶ 0:48:29: Presented his Forest Protection and Wildland Fire Safety Act, citing over 15 million acres burned in California 2013–2024▶ 0:49:11 and the 2018 Camp Fire's 85 deaths▶ 0:49:55; described a 2022 lawsuit forcing the Forest Service toward an NPDES permit for aerial fire retardant, which his bill would exempt▶ 0:50:25.

• Rep. Frederica Wilson (D-FL)▶ 0:54:10: Moved to strike the last word, argued the bill accelerates decisions harming disadvantaged communities▶ 0:55:06; later offered an amendment requiring an EPA/Corps disparate-impact report, rejected by voice vote▶ 1:27:57.

• Rep. Emilia Sykes (D-OH)▶ 0:56:05: Invoked the Cuyahoga River fire as the Clean Water Act's origin▶ 0:56:37; offered a "no net loss of wetlands" amendment citing 61-98% of Ohio wetlands at risk post-Sackett, rejected on recorded vote▶ 2:18:19; offered a harmful-algal-blooms certification amendment citing the 2014 Toledo water crisis affecting 500,000 people, rejected on recorded vote▶ 2:18:35; offered a cost-related amendment tying pollution to ratepayer costs, also rejected▶ 2:23:13.

• Rep. Troy Nehls / "Mr. Malfa" reply — see LaMalfa above (amendment exchange with Mr. Garamendi)▶ 1:37:18.

• Rep. John Garamendi (D-CA)▶ 1:03:34: Warned the bill assumes a fully-staffed EPA and Army Corps despite DOGE-driven staff cuts of 25-30%▶ 1:04:24; offered an amendment (on behalf of Rep. Hoyle) to keep aerial fire retardant under Clean Water Act jurisdiction, describing his own ranch's experience with retardant near a stock pond▶ 1:32:12, ultimately not agreed to▶ 1:44:10; also offered and withdrew an amendment on the 10-year permit window for private vs. public entities▶ 1:16:09.

• Rep. Pete Stauber (R-MN)▶ 1:00:40: Described the first-ever Section 401(a)(2) hearing convened for the NewRange Copper-Nickel mining project in northern Minnesota after Biden remanded its permit, and his amendment to set a firm hearing timeline▶ 1:00:59.

• Rep. Laura Friedman (D-CA)▶ 1:59:19: Offered an amendment to prevent contamination of water available for recycling/groundwater recharge, citing L.A. Sanitation District recycling water safely since 1962▶ 1:59:46, rejected on recorded vote▶ 2:02:08.

• Rep. Nick LaLota / "Miss Gillan" (D-NY)▶ 2:02:58: Offered a PFAS-certification amendment, citing PFAS contamination found in Hempstead's century-old water plant and constituent Mary Florence Perrie's petition▶ 2:03:23, rejected by voice vote▶ 2:05:42.

• Rep. Dina Titus (D-NV)▶ 1:19:39: Offered an amendment (No. 173) capping ephemeral-stream exemptions at 70% of any state's waters, citing 88% of Nevada streams as ephemeral▶ 1:20:00, rejected on recorded vote▶ 1:23:20; also introduced Rep. Stanton's amendment pausing implementation pending an EPA "do no harm" determination for arid regions, citing 54% of Arizona's water from surface sources▶ 1:28:19, rejected on recorded vote.

• Rep. Kristen McDonald Rivet (D-MI)▶ 1:55:06: Offered an amendment requiring EPA certification against increased Great Lakes pollution/algal blooms, citing the Great Lakes' $6 trillion economy and 90% of U.S. surface freshwater▶ 1:55:34, rejected on recorded vote▶ 1:58:55.

• Rep. Kristen Shelton? / "Miss Scolton" (D-MI)▶ 1:51:00: Offered an amendment to protect water from chemicals harmful to pregnant women and children, framed around FIFRA/pesticide regulation dispute▶ 1:51:30, rejected on recorded vote▶ 1:54:36.

• Rep. Shomari Figures (D-AL)▶ 2:23:20: Offered an amendment prohibiting provisions that worsen flood risk or pollution in low-income/rural communities, citing his Gulf Coast, hurricane-prone district▶ 2:23:43, rejected▶ 2:26:28.

• Rep. Hank Johnson (D-GA)▶ 2:35:54: Offered an amendment affirming support for full EPA clean-water infrastructure funding, contrasting proposed Trump administration cuts with the bill's deregulation▶ 2:36:25, rejected by voice vote▶ 2:38:42.

• Rep. Nellie Pou (D-NJ)▶ 2:39:59: Offered an amendment requiring EPA certification against increased sewer overflow/storm water/flooding risk, citing Hurricane Ida's 2021 flooding and contamination of Paterson's drinking water for 200,000 residents▶ 2:41:19, rejected on recorded vote▶ 2:43:43.

• Rep. Pat Ryan (D-NY)▶ 2:44:13: Offered an amendment against increased PFAS/nutrient discharge, citing PFAS contamination in Newburgh and New Windsor, NY drinking water▶ 2:44:44, rejected on recorded vote▶ 2:47:09.

• Rep. Steve Cohen (D-TN) [3:12:34, tribute only]: Was honored by Larson▶ 3:09:08 and Chairman Graves▶ 3:11:05 for his committee service before moving to the Intelligence Committee; Rep. Tim Burchett also gave personal tribute▶ 3:12:05.

• Rep. Tim Burchett (R-TN)▶ 3:12:05: Shared personal recollections of Steve Cohen from Tennessee state legislature service.

Key moments

• Rep. Perry cited a nearly $5,000-per-megawatt PJM interconnection price spike as evidence of grid strain, saying it would translate to roughly $500 to charge a Tesla▶ 0:26:38▶ 0:27:04.

• Chairman Collins said the manager's amendment incorporates provisions from Reps. Stauber, Feenstra, and Johnson on 401 clarity, state 404 assumption, and coordination with the federal permitting council▶ 0:58:56.

• Rep. Garamendi warned that the bill's provisions "rely upon an EPA and Army Corps of Engineers that are fully staffed," citing 25-30% Army Corps staff cuts▶ 1:04:24▶ 1:04:49.

• Rep. Stauber said his northern Minnesota district accounts for 95% of America's nickel, 88% of its cobalt, and 75% of its platinum, and described the NewRange mining project's 20-plus years in permitting/litigation▶ 1:01:16▶ 1:01:57.

• Rep. Titus said her amendment would block the ephemeral-streams exemption in any state where it would strip protection from 70% or more of that state's waters, noting 88% of Nevada streams and 86% of Arizona streams are ephemeral▶ 1:21:38▶ 1:21:08.

• Rep. Sykes cited estimates that 61-98% of Ohio's wetlands are at risk under the Sackett decision▶ 1:47:41.

• Nearly every Democratic amendment requiring an EPA certification/impact study (Wilson, Sykes ×3, Shelton, McDonald Rivet, Friedman, Gillan/LaLota, Figures, Pou, Ryan, Huffman ×2, Titus ×2) was rejected on a consistent 30-33/35 recorded vote margin▶ 3:16:05.

• The lone bipartisan-passed Republican amendment was Rep. Perry's Chesapeake Bay TMDL "sense of Congress" language, adopted by voice vote after Larson's opposition▶ 2:10:15.

• Rep. Huffman's amendment protecting Bristol Bay, Alaska and 13 other sites from a shortened 404(c) veto timeline — tied to opposition to the Pebble Mine project — was rejected on recorded vote▶ 2:30:53▶ 2:35:25.

• The full amendment in the nature of a substitute as amended was adopted by voice vote▶ 3:31:00, and H.R. 3898 as amended was ordered favorably reported to the House by a recorded vote of 34-30▶ 3:32:34▶ 3:32:53.

Metadata

Official titleMarkup of an Amendment in the Nature of a Substitute to H.R. 3898, the Promoting Efficient Review for Modern Infrastructure Today Act (PERMIT Act); and other matters cleared for consideration
CommitteeHouse Transportation and Infrastructure
Chamber / CongressHouse · 119th Congress
DateJune 25, 2025
TypeMarkup
Witnesses
(none listed in event metadata)
Videoyoutube
Transcript398 caption blocks · 25,045 words · 3:34:33 runtime
EventCongress.gov 118391