II 

117TH CONGRESS 

1ST SESSION S. 2567 

To enact the definition of ‘‘waters of the United States’’ into law, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2021 

Mrs. CAPITO (for herself, Mr. COTTON, Mr. CRAMER, Mrs. HYDE-SMITH, Mr. 

HAWLEY, Mr. BARRASSO, Mrs. BLACKBURN, Mr. HAGERTY, Mr. BLUNT, 

Mr. INHOFE, Mr. DAINES, Mr. SCOTT of South Carolina, Mr. LANKFORD, 

Mr. TILLIS, Mr. MORAN, Mr. TUBERVILLE, Mrs. FISCHER, Mr. ROUNDS, 

Mr. CRAPO, Mr. CRUZ, Mr. SASSE, Mr. HOEVEN, Ms. LUMMIS, Ms. 

ERNST, Mr. SULLIVAN, Mr. BOOZMAN, Mr. GRAHAM, Mr. WICKER, Mr. 

SHELBY, Mr. RISCH, Mr. MARSHALL, Mr. GRASSLEY, and Mr. BURR) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To enact the definition of ‘‘waters of the United States’’ 

into law, 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 ‘‘Navigable Waters Pro5 tection Act of 2021’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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•S 2567 IS

1 (1) as of March 2021, the final rule of the Sec2 retary of the Army, acting through the Assistant 

3 Secretary of the Army for Civil Works, and the Ad4 ministrator of the Environmental Protection Agency 

5 entitled ‘‘The Navigable Waters Protection Rule: 

6 Definition of ‘Waters of the United States’ ’’ (85 

7 Fed. Reg. 22250 (April 21, 2020)) (referred to in 

8 this section as the ‘‘Navigable Waters Protection 

9 Rule’’) is being implemented in all 50 States; 

10 (2) the final rule issued by the Administrator of 

11 the Environmental Protection Agency and the Sec12 retary of the Army, acting through the Assistant 

13 Secretary of the Army for Civil Works, entitled 

14 ‘‘Clean Water Rule: Definition of ‘Waters of the 

15 United States’ ’’ (80 Fed. Reg. 37054 (June 29, 

16 2015))— 

17 (A) was subject to a vote under chapter 8 

18 of title 5, United States Code (commonly known 

19 as the ‘‘Congressional Review Act’’), in which 

20 members of both parties in the House of Rep21 resentatives and the Senate voted in favor of 

22 disapproving the final rule under that chapter; 

23 and 

24 (B) was stayed across the United States 

25 for over 2 years due to legal deficiencies; and 


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•S 2567 IS

1 (3) the Navigable Waters Protection Rule es2 tablished a definition of ‘‘navigable waters’’ under 

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

4 1251 et seq.) that— 

5 (A) for the first time, provides clarity, pre6 dictability, and consistency while ensuring envi7 ronmental protection; and 

8 (B) clearly delineates where Federal regu9 lations apply and gives State and local authori10 ties the flexibility to determine how to best 

11 manage water resources within their borders. 

12 SEC. 3. WATERS OF THE UNITED STATES. 

13 The definitions of the term ‘‘waters of the United 

14 States’’ and the other terms defined in section 328.3 of 

15 title 33, Code of Federal Regulations (as in effect on the 

16 date of enactment of this Act), are enacted into law. 

Æ 


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