Presidential Determination Concerning the Air Force's Jet Fighter Training Operations in Idaho, Oregon, and Nevada

This Presidential Determination exempts U.S. Air Force jet fighter training operations in Idaho, Oregon, and Nevada from federal, state, and local water pollution control requirements under section 313 of the Clean Water Act for a one-year period from April 20, 2026 to April 20, 2027. The exemption preserves requirements under 33 U.S.C. §§ 1316 and 1317 (water quality standards and toxic/pretreatment effluent standards) and explicitly does not concede that permits would otherwise be required.

Federal Register Open PDF 91 FR 21925

Impact dates

Apr 20, 2027
Exemption expires
Date TBD
Secretary of the Air Force to publish determination in Federal Register
Apr 20, 2026
Exemption takes effect

Key directives

Exempt Air Force jet fighter training operations in ID, OR, NV from water pollution control requirements
Secretary of the Air Force to publish determination in Federal Register
Exemption effective April 20, 2026 through April 20, 2027

Who is ordered

Timeline

Immediate

Exemption takes effect April 20, 2026
Secretary of the Air Force directed to publish in Federal Register

Near term (90d)

Air Force training operations continue without water pollution permit requirements
Litigation in Oregon Natural Desert Ass'n v. Meink continues unaffected by exemption scope

Long term

Exemption expires April 20, 2027 unless renewed
Potential precedent for future section 313 exemptions for military operations

Risks & tensions

Creates tension between military readiness priorities and environmental protection; litigation continues despite exemption
Potential state-federal friction as state and local water pollution authority is preempted
One-year sunset creates uncertainty for long-term training planning and environmental compliance strategy
Exemption preserves 33 U.S.C. §§ 1316/1317 requirements, creating partial regulatory overlap