Why It Matters
A bipartisan Senate bill, S. 5653, introduced September 30 would narrow state authority over water quality certifications, extend National Pollutant Discharge Elimination System and Section 404 general permit terms from five years to 10, and impose a 150-day statute of limitations on lawsuits challenging Section 404 permits, according to a new Congressional Research Service (CRS) report.
The report finds that the bill's changes to Section 404 general permits are "likely to increase" the number of activities eligible for nationwide permits and could shorten permitting timeframes for those activities.
The Bipartisan American Affordability and Jobs Act (BAAJA) of 2026 was introduced Sept. 30 and targets federal environmental review and permitting processes, with an emphasis on energy-related projects.
The Big Picture
BAAJA would double the maximum permit term for both National Pollutant Discharge Elimination System (NPDES) permits and Section 404 general permits, from five years to 10 years. On state certification authority, the bill would limit Clean Water Act (CWA) Section 401 reviews to laws implementing CWA Sections 301, 302, 303, 306 and 307 that apply to discharges into waters of the United States, which the report says would prevent certifying authorities from considering effects on downstream waters outside that definition.
The report flags that the bill's term "direct point source discharge," relevant to interstate transmission line and natural gas pipeline projects, "is unclear" in how far it narrows certification review. For denials, BAAJA would require "clear and convincing evidence" that no modification or reasonable condition could bring a project into compliance.
The report also says BAAJA "would seemingly prevent" the U.S. Army Corps of Engineers (USACE) from revoking or modifying general permits for impacts under two acres and would limit division and district engineers' ability to modify nationwide permits (NWPs) for those impacts. USACE reissued 56 existing NWPs and issued one new NWP in January 2026, with all 57 taking effect March 15. BAAJA would require USACE to maintain five of those permits, NWPs 12, 14, 43, 57 and 58, with a two-acre threshold.
Section 1205 of the bill would impose a 150-day statute of limitations on lawsuits challenging Section 404 actions, limit judicial review to parties that commented on the issue, and limit vacatur.
The Bottom Line
S. 5653 was read twice and referred to the Senate Committee on Energy and Natural Resources on Sept. 30 and carries a status of "Introduced"; no further action has been recorded. The report says it is not clear what requirements would apply in lawsuits alleging claims under more than one statute.
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