H.R. 3901: Jurisdictional Determination Backlog Reduction Act

This bill, known as the Jurisdictional Determination Backlog Reduction Act, aims to address delays in the processing of certain permit applications and jurisdictional determinations under U.S. environmental law.

Key Provisions

The main objective of the bill is to eliminate any backlog of applications and requests that existed as of June 5, 2025. Here are the key components:

• Responsibility of the Secretary of the Army: The Secretary of the Army is directed to take action to reduce the backlog.
• Timeframe for Action: The Secretary must expedite procedures and allocate additional resources to eliminate the backlog within 60 days of the bill’s enactment.
• Types of Applications Covered:
  • Applications for permits under Section 404 of the Federal Water Pollution Control Act, which pertains to the discharge of dredged or fill material into navigable waters.
  • Requests for jurisdictional determinations, which are assessments to decide if particular areas are subject to federal regulations under the water pollution control laws.

Purpose and Importance

The bill aims to streamline the permitting process to ensure that proposed projects, which may include infrastructure improvements, development, or other activities affecting water bodies, can proceed without unnecessary delays. Delays in these determinations can hinder development projects, impose costs on applicants, and affect local economies.

Implementation Measures

To effectively manage the backlog, the bill will empower the Secretary to:

• Reallocate existing personnel within the Army Corps of Engineers.
• Augment staffing levels if necessary to cope with the volume of pending applications.
• Review and possibly revise existing procedures to expedite processing times.

Overall Impact

The intention behind this legislation is to improve the efficiency of the permitting process related to water pollution control and jurisdictional determinations. By addressing existing backlogs, the bill seeks to facilitate timely decision-making and support the progression of both public and private projects that require federal approval under these statutes.

Relevant Companies

• BA (Boeing Co.): As a major player in the aerospace sector, any expedited permits could benefit their infrastructure and development projects.
• CSX (CSX Corporation): As a rail transport provider, the company often requires federal permits for construction and expansion projects that might involve waterways.
• SWY (Safeway Inc.): This retail company could be impacted if they are seeking permits for new store locations that involve land near water bodies.