SUBJECT: Presidential Determination Concerning the Air Force's Jet Fighter Training Operations in Idaho, Oregon, and Nevada
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 313 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1323), I determine that it is in the paramount interest of the United States to exempt the United States Air Force's jet fighter training operations in Idaho, Oregon, and Nevada (aspects of which are the subject of litigation in Oregon Natural Desert Ass'n v. Meink, Case No. 2:23-cv-01898 (D. Or.)) from Federal, State, interstate, and local requirements, administrative authority, and process and sanctions respecting the control and abatement of water pollution.
Therefore, pursuant to subsection (a) of section 313 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1323(a)), I hereby exempt the Air Force's jet fighter training operations in Idaho, Oregon, and Nevada from Federal, State, interstate, and local requirements, administrative authority, and process and sanctions respecting the control and abatement of water pollution; except that no exemption is hereby granted from the requirements of 33 U.S.C. 1316 and 1317.
The exemption granted by this memorandum shall be for the 1-year period beginning April 20, 2026, and ending April 20, 2027.
Nothing herein is intended to: (a) imply that in the absence of such a Presidential exemption, the Clean Water Act or any other provision of law would require the Air Force to obtain permits pertaining to the control and abatement of water pollution for the exempted operations; or (b) limit the applicability or enforcement of any other requirement of law applicable to the Air Force's jet fighter training operations in Idaho, Oregon, and Nevada.
The Secretary of the Air Force is authorized and directed to publish this determination in the Federal Register.
