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S. 2245 (112th): Preserve the Waters of the United States Act

The text of the bill below is as of Mar 28, 2012 (Introduced).

Source: GPO



2d Session

S. 2245


March 28, 2012

(for himself, Mr. Inhofe, Mr. Sessions, Mr. Heller, Mr. Vitter, Mr. Boozman, Mr. Crapo, Mr. McConnell, Mr. Roberts, Mr. Wicker, Mr. Risch, Mr. Grassley, Mr. Cornyn, Mr. Coburn, Mr. Thune, Mr. Lugar, Mr. Blunt, Mr. Rubio, Mr. Enzi, Mr. Kyl, Mr. Toomey, Mr. Coats, Mr. Paul, Mr. Johanns, Mr. Chambliss, Mr. Hoeven, Mr. Moran, Mr. Isakson, Mr. Johnson of Wisconsin, and Mr. Cochran) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works


To preserve existing rights and responsibilities with respect to waters of the United States.


Short title

This Act may be cited as the Preserve the Waters of the United States Act.


Identification of waters protected by the Clean Water Act


In general

Neither the Secretary of the Army nor the Administrator of the Environmental Protection Agency shall—


finalize the proposed guidance described in the notice of availability and request for comments entitled EPA and Army Corps of Engineers Guidance Regarding Identification of Waters Protected by the Clean Water Act (EPA–HQ–OW–2011–0409) (76 Fed. Reg. 24479 (May 2, 2011)); or


use the guidance described in paragraph (1), or any substantially similar guidance, as the basis for any decision regarding the scope of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or any rulemaking.



The use of the guidance described in subsection (a)(1), or any substantially similar guidance, as the basis for any rule shall be grounds for vacation of the rule.