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Union Calendar No. 66 

114TH CONGRESS 

1ST SESSION H. R. 1732 

[Report No. 114–93] 

To preserve existing rights and responsibilities with respect to waters of 

the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2015 

Mr. SHUSTER (for himself, Mr. GIBBS, Mr. CONAWAY, Mrs. MILLER of Michigan, Mr. PETERSON, Mr. SMITH of Texas, Mr. UPTON, Mr. YOUNG of 

Alaska, Mr. GRAVES of Missouri, Mr. CRAWFORD, Mr. BARLETTA, Mr. 

DENHAM, Mr. RIBBLE, Mr. MASSIE, Mr. MEADOWS, Mr. RODNEY DAVIS

of Illinois, Mr. WOODALL, Mr. ROKITA, Mr. KATKO, Mr. BABIN, Mr. 

HARDY, Mrs. MIMI WALTERS of California, Mr. ROUZER, Mr. GOSAR, 

Mrs. HARTZLER, Mr. LABRADOR, and Mrs. WALORSKI) introduced the 

following bill; which was referred to the Committee on Transportation 

and Infrastructure 

APRIL 27, 2015 

Additional sponsors: Mr. WEBSTER of Florida, Mr. DUNCAN of Tennessee, 

Mr. ASHFORD, Mr. GOODLATTE, Mr. TIPTON, Mrs. BROOKS of Indiana, 

Mr. COLLINS of New York, Mr. VALADAO, Mr. BLUM, Mr. HUELSKAMP, 

Mr. BUCSHON, Mr. KLINE, Mr. MULLIN, Mr. GRAVES of Louisiana, Mr. 

CRAMER, Mr. THOMPSON of Pennsylvania, Mr. LUETKEMEYER, Mr. 

SIMPSON, Mr. ALLEN, Mr. FINCHER, Mr. ROE of Tennessee, Mr. RUSSELL, Mr. POLIQUIN, Mr. HARRIS, Mr. JENKINS of West Virginia, Mr. 

SANFORD, Mr. ROONEY of Florida, Mr. ROSS, Mrs. ROBY, Ms. 

STEFANIK, Mr. FARENTHOLD, Mr. CURBELO of Florida, Mr. RICE of 

South Carolina, Mr. MICA, Mr. HUNTER, Mr. HANNA, Mr. ROGERS of 

Kentucky, Mr. MCKINLEY, Mr. STUTZMAN, Mr. ABRAHAM, Mr. CARTER

of Texas, Mr. FLEISCHMANN, Mrs. WAGNER, and Mr. GIBSON


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APRIL 27, 2015 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 13, 2015] 

A BILL 

To preserve existing rights and responsibilities with respect 

to waters of the United States, and for other purposes. 


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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 ‘‘Regulatory Integrity 

5 Protection Act of 2015’’. 

6 SEC. 2. WITHDRAWAL OF EXISTING PROPOSED RULE. 

7 Not later than 30 days after the date of enactment of 

8 this Act, the Secretary of the Army and the Administrator 

9 of the Environmental Protection Agency shall withdraw the 

10 proposed rule described in the notice of proposed rule pub11 lished in the Federal Register entitled ‘‘Definition of 

12 ‘Waters of the United States’ Under the Clean Water Act’’ 

13 (79 Fed. Reg. 22188 (April 21, 2014)) and any final rule 

14 based on such proposed rule (including RIN 2040–AF30). 

15 SEC. 3. DEVELOPMENT OF NEW PROPOSED RULE. 

16 (a) IN GENERAL.—The Secretary of the Army and the 

17 Administrator of the Environmental Protection Agency 

18 shall develop a new proposed rule to define the term ‘‘waters 

19 of the United States’’ as used in the Federal Water Pollu20 tion Control Act (33 U.S.C. 1251 et seq.). 

21 (b) DEVELOPMENT OF NEW PROPOSED RULE.—In de22 veloping the new proposed rule under subsection (a), the 

23 Secretary and the Administrator shall— 

24 (1) take into consideration the public comments 

25 received on— 


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1 (A) the proposed rule referred to in section 

2 2; 

3 (B) the accompanying economic analysis of 

4 the proposed rule entitled ‘‘Economic Analysis of 

5 Proposed Revised Definition of Waters of the 

6 United States’’ (dated March 2014); and 

7 (C) the report entitled ‘‘Connectivity of 

8 Streams & Wetlands to Downstream Waters: A 

9 Review & Synthesis of Scientific Evidence’’ 

10 (EPA/600/R–14/475F; dated January 2015); 

11 (2) jointly consult with and solicit advice and 

12 recommendations from representative State and local 

13 officials, stakeholders, and other interested parties on 

14 how to define the term ‘‘waters of the United States’’ 

15 as used in the Federal Water Pollution Control Act; 

16 and 

17 (3) prepare a regulatory proposal that will, con18 sistent with applicable rulings of the United States 

19 Supreme Court, specifically identify those waters cov20 ered under, and those waters not covered under, the 

21 Federal Water Pollution Control Act— 

22 (A) taking into consideration— 

23 (i) the public comments referred to in 

24 paragraph (1); and 


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1 (ii) the advice and recommendations 

2 made by the State and local officials, stake3 holders, and other interested parties con4 sulted under this section; and 

5 (B) incorporating the areas and issues 

6 where consensus was reached with the parties. 

7 (c) FEDERALISM CONSULTATION REQUIREMENTS.—As 

8 part of consulting with and soliciting advice and rec9 ommendations from State and local officials under sub10 section (b), the Secretary and the Administrator shall— 

11 (1) seek to reach consensus with the State and 

12 local officials on how to define the term ‘‘waters of the 

13 United States’’ as used in the Federal Water Pollu14 tion Control Act; 

15 (2) provide the State and local officials with no16 tice and an opportunity to participate in the con17 sultation process under subsection (b); 

18 (3) consult with State and local officials that 

19 represent a broad cross-section of regional, economic, 

20 policy, and geographic perspectives in the United 

21 States; 

22 (4) emphasize the importance of collaboration 

23 with and among the State and local officials; 

24 (5) allow for meaningful and timely input by the 

25 State and local officials; 


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1 (6) recognize, preserve, and protect the primary 

2 rights and responsibilities of the States to protect 

3 water quality under the Federal Water Pollution Con4 trol Act, and to plan and control the development and 

5 use of land and water resources in the States; 

6 (7) protect the authorities of State and local gov7 ernments and rights of private property owners over 

8 natural and manmade water features, including the 

9 continued recognition of Federal deference to State 

10 primacy in the development of water law, the govern11 ance of water rights, and the establishment of the 

12 legal system by which States mediate disputes over 

13 water use; 

14 (8) incorporate the advice and recommendations 

15 of the State and local officials regarding matters in16 volving differences in State and local geography, hy17 drology, climate, legal frameworks, economies, prior18 ities, and needs; and 

19 (9) ensure transparency in the consultation proc20 ess, including promptly making accessible to the pub21 lic all communications, records, and other documents 

22 of all meetings that are part of the consultation proc23 ess. 

24 (d) STAKEHOLDER CONSULTATION REQUIREMENTS.— 

25 As part of consulting with and soliciting recommendations 


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1 from stakeholders and other interested parties under sub2 section (b), the Secretary and the Administrator shall— 

3 (1) identify representatives of public and private 

4 stakeholders and other interested parties, including 

5 small entities (as defined in section 601 of title 5, 

6 United States Code), representing a broad cross-sec7 tion of regional, economic, and geographic perspec8 tives in the United States, which could potentially be 

9 affected, directly or indirectly, by the new proposed 

10 rule under subsection (a), for the purpose of obtaining 

11 advice and recommendations from those representa12 tives about the potential adverse impacts of the new 

13 proposed rule and means for reducing such impacts 

14 in the new proposed rule; and 

15 (2) ensure transparency in the consultation proc16 ess, including promptly making accessible to the pub17 lic all communications, records, and other documents 

18 of all meetings that are part of the consultation proc19 ess. 

20 (e) TIMING OF FEDERALISM AND STAKEHOLDER CON21 SULTATION.—Not later than 3 months after the date of en22 actment of this Act, the Secretary and the Administrator 

23 shall initiate consultations with State and local officials, 

24 stakeholders, and other interested parties under subsection 

25 (b). 


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1 (f) REPORT.—The Secretary and the Administrator 

2 shall prepare a report that— 

3 (1) identifies and responds to each of the public 

4 comments filed on— 

5 (A) the proposed rule referred to in section 

6 2; 

7 (B) the accompanying economic analysis of 

8 the proposed rule entitled ‘‘Economic Analysis of 

9 Proposed Revised Definition of Waters of the 

10 United States’’ (dated March 2014); and 

11 (C) the report entitled ‘‘Connectivity of 

12 Streams & Wetlands to Downstream Waters: A 

13 Review & Synthesis of Scientific Evidence’’ 

14 (EPA/600/R–14/475F; dated January 2015); 

15 (2) provides a detailed explanation of how the 

16 new proposed rule under subsection (a) addresses the 

17 public comments referred to in paragraph (1); 

18 (3) describes in detail— 

19 (A) the advice and recommendations ob20 tained from the State and local officials con21 sulted under this section; 

22 (B) the areas and issues where consensus 

23 was reached with the State and local officials 

24 consulted under this section; 


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1 (C) the areas and issues of continuing dis2 agreement that resulted in the failure to reach 

3 consensus; and 

4 (D) the reasons for the continuing disagree5 ments; 

6 (4) provides a detailed explanation of how the 

7 new proposed rule addresses the advice and rec8 ommendations provided by the State and local offi9 cials consulted under this section, including the areas 

10 and issues where consensus was reached with the 

11 State and local officials; 

12 (5) describes in detail— 

13 (A) the advice and recommendations ob14 tained from the stakeholders and other interested 

15 parties, including small entities, consulted under 

16 this section about the potential adverse impacts 

17 of the new proposed rule and means for reducing 

18 such impacts in the new proposed rule; and 

19 (B) how the new proposed rule addresses 

20 such advice and recommendations; 

21 (6) provides a detailed explanation of how the 

22 new proposed rule— 

23 (A) recognizes, preserves, and protects the 

24 primary rights and responsibilities of the States 

25 to protect water quality and to plan and control 


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1 the development and use of land and water re2 sources in the States; and 

3 (B) is consistent with the applicable rulings 

4 of the United States Supreme Court regarding 

5 the scope of waters to be covered under the Fed6 eral Water Pollution Control Act; and 

7 (7) provides comprehensive regulatory and eco8 nomic impact analyses, utilizing the latest data and 

9 other information, on how definitional changes in the 

10 new proposed rule will impact, directly or indi11 rectly— 

12 (A) each program under the Federal Water 

13 Pollution Control Act for Federal, State, and 

14 local government agencies; and 

15 (B) public and private stakeholders and 

16 other interested parties, including small entities, 

17 regulated under each such program. 

18 (g) PUBLICATION.— 

19 (1) FEDERAL REGISTER NOTICE.—Not later than 

20 3 months after the completion of consultations with 

21 and solicitation of recommendations from State and 

22 local officials, stakeholders, and other interested par23 ties under subsection (b), the Secretary and the Ad24 ministrator shall publish for comment in the Federal 

25 Register— 


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1 (A) the new proposed rule under subsection 

2 (a); 

3 (B) a description of the areas and issues 

4 where consensus was reached with the State and 

5 local officials consulted under this section; and 

6 (C) the report described in subsection (f). 

7 (2) DURATION OF REVIEW.—The Secretary and 

8 the Administrator shall provide not fewer than 180 

9 days for the public to review and comment on— 

10 (A) the new proposed rule under subsection 

11 (a); 

12 (B) the accompanying economic analysis 

13 for the new proposed rule; and 

14 (C) the report described in subsection (f). 

15 (h) PROCEDURAL REQUIREMENTS.—Subchapter II of 

16 chapter 5, and chapter 7, of title 5, United States Code 

17 (commonly known as the ‘‘Administrative Procedure Act’’) 

18 shall apply to the development and review of the new pro19 posed rule under subsection (a). 

20 (i) STATE AND LOCAL OFFICIALS DEFINED.—In this 

21 section, the term ‘‘State and local officials’’ means elected 

22 or professional State and local government officials or their 

23 representative regional or national organizations. 


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Union Calendar No. 66 

114TH CONGRESS 

1ST SESSION H. R. 1732 

[Report No. 114–93] 

A BILL 

To preserve existing rights and responsibilities with 

other purposes. respect to waters of the United States, and for 

APRIL 27, 2015 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


SSpencer on DSK4SPTVN1PROD with BILLS