H.R.3898 - Promoting Efficient Review for Modern Infrastructure Today Act; PERMIT Act (119th Congress)
Summary
H.R. 3898, also known as the PERMIT Act, aims to amend the Federal Water Pollution Control Act. The bill seeks to revise the definition of "navigable waters" by excluding certain features from federal jurisdiction. These exclusions include waste treatment systems, ephemeral features, prior converted cropland, and groundwater.
Expected Effects
The PERMIT Act, if enacted, would narrow the scope of federal regulatory authority over water resources. This could lead to reduced permitting requirements for infrastructure projects affecting excluded water features. The changes could impact water quality and ecosystem health depending on how states regulate these now-excluded features.
Potential Benefits
- Streamlined permitting processes for infrastructure projects.
- Reduced regulatory burden on landowners and developers.
- Clarification of federal jurisdiction over water resources.
- Potential for faster project completion times.
- Increased flexibility for state and local water management.
Potential Disadvantages
- Potential for decreased protection of certain water resources.
- Increased risk of water pollution from unregulated activities.
- Loss of federal oversight over critical ecosystems.
- Possible negative impacts on downstream water users.
- Uncertainty regarding the scope of exclusions.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the Constitution hinges on the interpretation of the Commerce Clause (Article I, Section 8), which grants Congress the power to regulate interstate commerce, including navigable waters. The Supreme Court has addressed the scope of federal authority over waters in several cases, and this bill seeks to redefine the limits of that authority.
The Tenth Amendment reserves powers not delegated to the federal government to the states, and this bill arguably shifts some regulatory authority over water resources back to the states. However, the federal government still retains authority over navigable waters that affect interstate commerce.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).