H.R.3901 - Jurisdictional Determination Backlog Reduction Act (119th Congress)
Summary
H.R. 3901, the Jurisdictional Determination Backlog Reduction Act, directs the Secretary of the Army to eliminate backlogs in permit applications under Section 404 of the Federal Water Pollution Control Act and requests for jurisdictional determinations. The bill mandates the Secretary of the Army, through the Chief of Engineers, to expedite procedures and reallocate resources to eliminate existing backlogs as of June 5, 2025. This action aims to streamline the permitting process related to water pollution control.
Expected Effects
The bill intends to accelerate the processing of permit applications and jurisdictional determinations related to water pollution. This could lead to quicker decisions on projects affecting waterways. Ultimately, this could reduce delays for businesses and individuals seeking permits.
Potential Benefits
- Reduced Project Delays: Faster permit processing can expedite infrastructure and development projects.
- Increased Efficiency: Reallocating resources may improve the overall efficiency of the Corps of Engineers.
- Economic Activity: Quicker approvals can stimulate economic activity by allowing projects to proceed more rapidly.
- Clarity for Stakeholders: Timely jurisdictional determinations provide clarity to landowners and developers regarding water regulations.
- Improved Water Quality Management: By addressing the backlog, the Army Corps of Engineers can more effectively manage water quality issues.
Potential Disadvantages
- Potential for Hasty Decisions: Expedited procedures might lead to less thorough reviews of permit applications.
- Resource Strain: Reallocating resources could negatively impact other important functions of the Corps of Engineers.
- Environmental Oversight Concerns: Rushed determinations could potentially overlook critical environmental impacts.
- Unintended Consequences: Focusing solely on backlog reduction might create new bottlenecks in other areas of the permitting process.
- Lack of Specificity: The bill lacks specific details on how the backlog reduction will be achieved, potentially leading to inconsistent implementation.
Constitutional Alignment
The bill appears to align with the Commerce Clause (Article I, Section 8, Clause 3) by regulating activities that affect navigable waters, a traditional area of federal jurisdiction. It also relates to the Necessary and Proper Clause (Article I, Section 8, Clause 18) as it provides a means to execute powers related to environmental regulation. The bill does not appear to infringe on any specific constitutional rights or limitations.
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).