Presidential Determination exempts federal firefighting from water-pollution permits

The President issued Presidential Determination No. 2027-03 on November 10, 2026, invoking authority under section 313 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1323).

The memorandum exempts firefighting activities, including aerial use, deployment, and discharge of fire retardants, conducted by the United States Forest Service, the Department of the Interior, any other executive departments and agencies, and their contractors, from Federal, State, interstate, and local requirements, administrative authority, and process and sanctions respecting the control and abatement of water pollution. The exemption does not apply to the requirements of 33 U.S.C. 1316 and 1317.

The exemption is effective for a one-year period beginning November 10, 2026, and ending November 10, 2027.

The determination clarifies that it does not imply that, absent the exemption, the Clean Water Act or any other provision would require the United States Forest Service or other agencies to obtain permits for the exempted operations, nor does it limit the applicability or enforcement of any other legal requirements related to firefighting activities.

The Secretary of Agriculture is authorized and directed to publish this determination in the Federal Register. The notice appears in Federal Register Volume 91, Number 219, pages 73645-73646, FR Doc No. 2026-23349, filed November 13, 2026.