I 

116TH CONGRESS 

1ST SESSION H. R. 5341 

To amend the Federal Water Pollution Control Act with respect to citizen 

suits and the specification of disposal sites, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 6, 2019 

Mr. RICE of South Carolina (for himself, Mr. AMODEI, Mr. BANKS, Mr. CALVERT, Mr. DUNCAN, Mr. FLORES, Mr. GIANFORTE, Mr. HARRIS, Mrs. 

HARTZLER, Mr. HOLLINGSWORTH, Mr. KELLY of Mississippi, Mr. 

MARCHANT, Mr. MEADOWS, Mr. MOONEY of West Virginia, Mr. NORMAN, Mr. OLSON, Mr. PALAZZO, Mr. PERRY, Mr. ROUZER, Mr. AUSTIN

SCOTT of Georgia, Mr. STEWART, Mrs. WALORSKI, Mr. YOHO, Mr. 

YOUNG, Mr. KING of Iowa, Mr. BUDD, Mr. THOMPSON of Pennsylvania, 

Mr. BROOKS of Alabama, Mr. GIBBS, Mr. SMITH of Nebraska, and Mr. 

WEBER of Texas) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To amend the Federal Water Pollution Control Act with 

respect to citizen suits and the specification of disposal 

sites, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Discouraging Frivolous 

5 Lawsuits Act’’. 


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1 SEC. 2. CITIZEN SUITS. 

2 (a) COSTS OF LITIGATION.—Section 505(d) of the 

3 Federal Water Pollution Control Act (33 U.S.C. 1365(d)) 

4 is amended to read as follows: 

5 ‘‘(d) The court, in issuing any final order in any ac6 tion brought pursuant to this section, shall award costs 

7 of litigation (including reasonable attorney and expert wit8 ness fees) to the prevailing party. For purposes of this 

9 subsection, the prevailing party shall be considered to be 

10 the party, if any, that prevails on more than half of the 

11 claims at issue in the action. The court may, if a tem12 porary restraining order or preliminary injunction is 

13 sought, require the filing of a bond or equivalent security 

14 in accordance with the Federal Rules of Civil Procedure.’’. 

15 (b) RESTRICTION ON CERTAIN SETTLEMENTS.—Sec16 tion 505(c) of the Federal Water Pollution Control Act 

17 (33 U.S.C. 1365(c)) is amended by adding at the end the 

18 following: 

19 ‘‘(4) RESTRICTION ON CERTAIN ORDERS AND

20 SETTLEMENTS.—A Federal court may not order, or 

21 approve a settlement requiring, in an action brought 

22 pursuant to this section, a governmental entity to 

23 carry out, or otherwise provide for, compensatory 

24 mitigation with respect to a permit applied for by, 

25 or issued to, the entity under section 404 in excess 

26 of the requirements for such mitigation under parts 


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1 320, 323, 325, and 332 of title 33, Code of Federal 

2 Regulations, and part 230 of title 40, Code of Fed3 eral Regulations.’’. 

4 SEC. 3. ELIMINATING DUPLICATIVE OVERSIGHT. 

5 (a) IN GENERAL.—Section 404(c) of the Federal 

6 Water Pollution Control Act (33 U.S.C. 1344(c)) is re7 pealed. 

8 (b) CONFORMING AMENDMENTS.—Section 404(b) of 

9 the Federal Water Pollution Control Act (33 U.S.C. 

10 1344(b)) is amended— 

11 (1) by striking ‘‘Subject to subsection (c) of 

12 this section, each such disposal site’’ and inserting 

13 ‘‘Each such disposal site’’; and 

14 (2) by striking ‘‘the Administrator, in conjunc15 tion with’’. 

16 SEC. 4. PROHIBITION ON EXCESS MITIGATION. 

17 Section 404 of the Federal Water Pollution Control 

18 Act (33 U.S.C. 1344) is amended by adding at the end 

19 the following: 

20 ‘‘(u) No governmental entity may carry out, or other21 wise provide for, compensatory mitigation, with respect to 

22 a permit issued to the entity under this section, in excess 

23 of the requirements for such mitigation under parts 320, 

24 323, 325, and 332 of title 33, Code of Federal RegulaVerDate Sep 11 2014 04:10 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5341.IH H5341

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1 tions, and part 230 of title 40, Code of Federal Regula2 tions.’’. 

Æ 


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