Presidential Determination No. 2026-07: Air Force Jet Fighter Training Operations Water Pollution Exemption
Summary
The President has issued Presidential Determination No. 2026-07 exempting the United States Air Force's jet fighter training operations in Idaho, Oregon, and Nevada from Federal, State, interstate, and local requirements respecting water pollution control and abatement for a one-year period beginning April 20, 2026 and ending April 20, 2027. The exemption is issued pursuant to Section 313 of the Federal Water Pollution Control Act (33 U.S.C. 1323(a)) and notes the ongoing litigation Oregon Natural Desert Ass'n v. Meink (D. Or., Case No. 2:23-cv-01898). The determination explicitly does not grant exemption from 33 U.S.C. 1316 and 1317.
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The President has exercised authority under Section 313 of the Federal Water Pollution Control Act to exempt Air Force jet fighter training operations in Idaho, Oregon, and Nevada from water pollution control requirements for a one-year period. The exemption covers Federal, State, interstate, and local requirements, administrative authority, process, and sanctions, but explicitly carves out Sections 1316 and 1317 of the Act. The determination notes the litigation Oregon Natural Desert Ass'n v. Meink as context for the exemption.
Affected parties include the Air Force, environmental regulators in Idaho, Oregon, and Nevada, and the plaintiff environmental organization in the referenced litigation. State and local environmental authorities may not enforce water pollution control requirements against the exempted training operations during the one-year period, though the exemption does not imply that permits would otherwise be required absent this determination.
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Apr 23, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Presidential Document
Presidential Determination Concerning the Air Force's Jet Fighter Training Operations in Idaho, Oregon, and Nevada
A Presidential Document by the Executive Office of the President on 04/23/2026
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- Public Inspection Published Document: 2026-08009 (91 FR 21925) Presidential Determination No. 2026-07 of April 20, 2026 # Presidential Determination Concerning the Air Force's Jet Fighter Training Operations in Idaho, Oregon, and Nevada
Memorandum for the Administrator of the Environmental Protection Agency [and] the Secretary of the Air Force
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.
( printed page 21926) The Secretary of the Air Force is authorized and directed to publish this determination in the Federal Register.
THE WHITE HOUSE,
Washington, April 20, 2026
Filed 4-22-26; 11:15 am]
Billing code 3911-44-P
Published Document: 2026-08009 (91 FR 21925)
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