I 

114TH CONGRESS 

1ST SESSION H. R. 4149 

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 1, 2015 

Mr. RICE of South Carolina 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’’. 

6 SEC. 2. CITIZEN SUITS. 

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

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

9 is amended to read as follows: 


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1 ‘‘(d) The court, in issuing any final order in any ac2 tion brought pursuant to this section, shall award costs 

3 of litigation (including reasonable attorney and expert wit4 ness fees) to the prevailing party. For purposes of this 

5 subsection, the prevailing party shall be considered to be 

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

7 claims at issue in the action. The court may, if a tem8 porary restraining order or preliminary injunction is 

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

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

11 (b) RESTRICTION ON CERTAIN SETTLEMENTS.—Sec12 tion 505(c) of the Federal Water Pollution Control Act 

13 (33 U.S.C.1365(c)) is amended by adding at the end the 

14 following: 

15 ‘‘(4) RESTRICTION ON CERTAIN ORDERS AND

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

17 approve a settlement requiring, in an action brought 

18 pursuant to this section, a governmental entity to 

19 carry out, or otherwise provide for, compensatory 

20 mitigation with respect to a permit applied for by, 

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

22 of the requirements for such mitigation under parts 

23 320, 323, 325, and 332 of title 33, Code of Federal 

24 Regulations, and part 230 of title 40, Code of Fed25 eral Regulations.’’. 


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1 SEC. 3. SPECIFICATION OF DISPOSAL SITES. 

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

3 Water Pollution Control Act (33 U.S.C. 1344(c)) is re4 pealed. 

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

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

7 1344(b)) is amended— 

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

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

10 ‘‘Each such disposal site’’; and 

11 (2) by striking ‘‘the Administrator, in conjunc12 tion with’’. 

13 SEC. 4. PROHIBITION ON EXCESS MITIGATION. 

14 Section 404 of the Federal Water Pollution Control 

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

16 the following: 

17 ‘‘(u) No governmental entity may carry out, or other18 wise provide for, compensatory mitigation, with respect to 

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

20 of the requirements for such mitigation under parts 320, 

21 323, 325, and 332 of title 33, Code of Federal Regula22 tions, and part 230 of title 40, Code of Federal Regula23 tions.’’. 

Æ 


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