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H.R. 2287: Federal Regulatory Certainty for Water Act

The text of the bill below is as of Apr 10, 2019 (Introduced).


I

116th CONGRESS

1st Session

H. R. 2287

IN THE HOUSE OF REPRESENTATIVES

April 10, 2019

introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL

To clarify the definition of navigable waters, and for other purposes.

1.

Short title

This Act may be cited as the Federal Regulatory Certainty for Water Act.

2.

Repeal of agency regulations

The final rule issued by the Administrator of the Environmental Protection Agency and the Secretary of the Army entitled Clean Water Rule: Definition of Waters of the United States, signed by the Administrator and the Assistant Secretary of the Army for Civil Works on May 27, 2015, shall have no force or effect.

3.

Definition of navigable waters

Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following:

(7)

Navigable waters

(A)

In general

The term navigable waters means the waters of the United States, including the territorial seas, that are—

(i)

navigable-in-fact; or

(ii)

permanent or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact.

(B)

Exclusions

The term navigable waters does not include—

(i)

waters that do not physically abut waters described in subparagraph (A) through an actual and continuous surface water connection;

(ii)

man-made or natural structures or channels through which water flows intermittently or ephemerally, including for the periodic drainage of rainfall; or

(iii)

wetlands, including playa lakes, prairie potholes, wet meadows, wet prairies, and vernal pools, that lack a continuous surface water connection to bodies of water that are waters described in subparagraph (A).

(C)

No aggregation

The aggregation of wetlands or waters shall not be used to determine whether the wetlands or waters are navigable waters.

.

4.

Coast Guard

Nothing in this Act or the amendments made by this Act shall be construed to impair, diminish, or otherwise affect the authority, function, jurisdiction, or power of the Coast Guard, or any member thereof, with respect to the navigable waters of the United States, or to affect or alter the status of such waters as navigable waters of the United States for such purposes.