[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7008 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 7008

    To amend section 404 of the Federal Water Pollution Control Act 
relating to judicial review of a permit issued under such section, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 17, 2024

  Mr. Burlison (for himself and Mr. Rouzer) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
    To amend section 404 of the Federal Water Pollution Control Act 
relating to judicial review of a permit issued under such section, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Judicial Review Timeline Clarity 
Act''.

SEC. 2. PERMITS FOR DREDGED OR FILL MATERIAL.

    Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 
1344) is amended--
            (1) by redesignating subsection (t) as subsection (u);
            (2) in subsection (u), as so redesignated, by striking 
        ``Nothing in the section'' and inserting ``Savings Provision.--
        Nothing in this section''; and
            (3) by inserting after subsection (s) the following:
    ``(t) Judicial Review.--
            ``(1) Statute of limitations.--
                    ``(A) In general.--Notwithstanding any applicable 
                provision of law relating to statutes of limitations, 
                an action seeking judicial review of an individual or 
                general permit issued under this section shall be filed 
                not later than the date that is 60 days after the date 
                on which the permit was issued.
                    ``(B) Savings provision.--Nothing in subparagraph 
                (A) may be construed to authorize an action seeking 
                judicial review of the structure of, or authorization 
                for, a State permit program approved pursuant to this 
                section.
            ``(2) Remedy.--If a court determines that the Secretary or 
        the State, as applicable, did not comply with the requirements 
        of this section in issuing an individual or general permit 
        under this section--
                    ``(A) the court shall remand the matter to the 
                Secretary or the State, as applicable, for further 
                proceedings consistent with the court's determination; 
                and
                    ``(B) the court may not vacate, revoke, enjoin, or 
                otherwise limit the permit, unless the court finds that 
                activities authorized under the permit would present an 
                imminent and substantial danger to human health or the 
                environment for which there is no other equitable 
                remedy available under the law.
            ``(3) Timeline to act on court order.--If a court remands a 
        matter under paragraph (2), the court shall set and enforce a 
        reasonable schedule and deadline, which may not exceed 180 days 
        from the date on which the court remands such matter, for the 
        Secretary or the State, as applicable, to take such actions as 
        the court may order.''.
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