The determination covers federal agencies and their contractors nationwide, including aerial fire-retardant use, from 10 November 2026, through 10 November 2027. It retains two statutory requirements and other applicable laws.
President Donald Trump has exempted federal firefighting activities nationwide from specified water-pollution requirements for a one-year period beginning 10 November 2026, and ending 10 November 2027.
The determination covers the US Forest Service, the Department of the Interior, other executive agencies and their contractors. It includes the aerial use, deployment and discharge of fire retardants, substances used to slow a fire’s spread.
The White House said a district court decision requires a Clean Water Act permit for federal aerial retardant use and that regulatory hurdles have prevented the Forest Service from obtaining one despite repeated efforts. It said the exemption would preserve firefighting tools for the 2027 fire season.
The exemption applies to federal, state, interstate and local requirements, administrative authority, processes and sanctions concerning the control and reduction of water pollution. Ordinarily, the law subjects federal entities whose activities discharge or may discharge pollutants to requirements comparable to those for nongovernmental entities, including permits, recordkeeping and reporting.
The law allows the president to exempt executive-branch sources of pollution when he determines it is in the paramount national interest, but prohibits exemptions from sections 1316 and 1317.
The memorandum expressly leaves in place the requirements of 33 U.S.C. 1316 and 1317. It also says it does not limit other legal requirements governing the covered firefighting activities.
The memorandum says the exemption should not be taken to imply that the Clean Water Act or another law would otherwise require water-pollution permits for the exempted operations.
The determination directs the secretary of agriculture to publish it in the Federal Register. The law limits each exemption to one year and allows a further exemption only if the president makes a new determination.
The president must report to Congress each January on exemptions granted during the preceding calendar year and the reasons for them.
The White House said the law modifies payment rules for certain wheelchairs; an advocacy group says provisions affecting ultralightweight manual models take effect in 2028.
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