The Jurisdictional Determination Backlog Reduction Act requires the Army Corps of Engineers to allocate necessary resources to eliminate the existing backlog of thousands of pending jurisdictional determinations and Section 404 permit applications.
Require the Army Corps of Engineers to allocate necessary resources to eliminate the backlog of pending jurisdictional determinations and Section 404 permit applications.
Occurrences
My bill requires the Army Corps to clear this backlog so communities can get moving on critical projects without unnecessary delays.
Official Title: To direct the Secretary of the Army to eliminate any backlog of applications for permits under section 404 ... or requests for jurisdictional determinations ...
Evidence
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Sponsor: Rep. Hurd, Jeff [R-CO-3] (Introduced 06/11/2025). Latest Action: House - 06/13/2025 Referred to the Subcommittee on Water Resources and Environment. Tracker: This bill has the status Introduced. Official Title: To direct the Secretary of the Army to eliminate any backlog of applications for permits under section 404 ... or requests for jurisdictional determinations ...
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The Transportation and Infrastructure Committee ... approved H.R. 3898, the Promoting Efficient Review for Modern Infrastructure Today (PERMIT) Act ... incorporates many separate proposals ... Jeff Hurd (R-CO) ... The Jurisdictional Determination Backlog Reduction Act (H.R. 3901) ... introduced by Rep. Jeff Hurd (R-CO).
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Today, Rep. Jeff Hurd’s Jurisdictional Determination Backlog Reduction Act passed the House as part of the Promoting Efficient Review for Modern Infrastructure Today (PERMIT) Act. The Jurisdictional Determination Backlog Reduction Act requires the Army Corps of Engineers to allocate necessary resources to eliminate the existing backlog of thousands of pending jurisdictional determinations and Section 404 permit applications.
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Section 17 of the PERMIT Act, which is based on H.R. 3901, the Jurisdictional Determination Backlog Reduction Act.
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Congress.gov lists Rep. Jeff Hurd of Colorado as sponsor, introduced June 11, 2025; latest action was June 13, 2025 subcommittee referral, with bill status Introduced.
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The bill text directs the Secretary of the Army to use Corps personnel and resources as needed to eliminate backlogs of Section 404 permit applications and jurisdictional-determination requests.
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The Transportation and Infrastructure Committee said H.R. 3898 was approved and incorporated proposals previously introduced by committee members, including Jeff Hurd.
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House Report 119-180 reports H.R. 3898 favorably and includes a section titled Jurisdictional determination backlog reduction requiring Corps resource reallocation or augmentation to eliminate the backlog.
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The House-engrossed PERMIT Act includes Sec. 19, Jurisdictional determination backlog reduction, directing the Army Secretary through the Chief of Engineers to address the June 5, 2025 backlog.
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The Clerk records Roll Call 330 on H.R. 3898 as On Passage, status Passed, 221 yeas to 205 nays; Hurd of Colorado voted Yea.
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Congress.gov shows H.R. 3898 passed the House on December 11, 2025, then was received in the Senate and referred to Environment and Public Works on December 15, 2025; tracker status is Passed House.
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Hurd's office stated that his backlog bill passed the House as part of the PERMIT Act and that the legislation then headed to the Senate for consideration.
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Latest action (Dec 15, 2025) Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
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Bill Version Engrossed in House (EH)
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reallocate or augment such personnel and resources of the Corps of Engineers as the Secretary determines necessary to eliminate any backlog
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Committee Assignment: Senate Committee on Environment and Public Works House Committee on Transportation and Infrastructure
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Vote Question: On Passage PERMIT Act Vote Type: Yea-And-Nay Status: Passed
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On December 11, 2025, the House passed the PERMIT Act.
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Latest Action: Senate - 12/15/2025 Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
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This bill has the status Passed House
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SEC. 19. JURISDICTIONAL DETERMINATION BACKLOG REDUCTION. Not later than 60 days after the date of enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers, shall expedite such procedures and reallocate or augment such personnel and resources of the Corps of Engineers as the Secretary determines necessary to eliminate any backlog existing as of June 5, 2025, of-- (1) applications for permits under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); or (2) requests for jurisdictional determinations or wetlands delineations under the jurisdiction of the Secretary.
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Vote Question: On Passage PERMIT Act Vote Type: Yea-And-Nay Status: Passed VOTES yea: 221 nay: 205
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Hurd (CO) | Hurd (CO) | Republican | CO | Yea
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The Senate Committee on Environment and Public Works will hold a Business Meeting to consider the following items: * S.5045 – Wildfire Emissions Prevention Act of 2026 * Amendment in the Nature of a Substitute to S.3135 — Cold Weather Diesel Reliability Act of 2026 * S.5249 – Modernizing Outdated Regulations to Expand American Fuel Act of 2026 * 21 Committee Resolutions to approve prospectuses from the General Services Administration
Assessments
Hurd sponsored H.R. 3901, whose text directly matched the promise, and his language was incorporated into H.R. 3898, the PERMIT Act. That package passed the House in December 2025 and was referred to the Senate, but available congressional status shows it had not passed the Senate or become law. Because the promised requirement on the Army Corps was not legally imposed, this is a serious same-term legislative effort rather than full delivery.
Hurd materially advanced the promise by introducing H.R. 3901 and getting its language incorporated into the PERMIT Act, which was approved in committee and later passed the House. That is meaningful legislative progress attributable to him in the same term. However, the evidence provided does not show final enactment into law or that the Army Corps was actually required, through enacted federal law, to allocate the resources and eliminate the backlog. Because the promise was advanced but not fully completed, the best judgment is partial rather than delivered.