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Union Calendar No. 422 

113TH CONGRESS 

2D SESSION H. R. 5078 

[Report No. 113–568] 

To preserve existing rights and responsibilities with respect to waters of 

the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 11, 2014 

Mr. SOUTHERLAND (for himself, Mr. SHUSTER, Mr. RAHALL, Mrs. CAPITO, 

Mr. PETERSON, Mr. CRAWFORD, Mr. MATHESON, Mr. GIBBS, Mr. 

SCHRADER, Mr. RIBBLE, Mr. ENYART, Mr. MULLIN, Mr. JOLLY, and Mr. 

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

JULY 31, 2014 

Additional sponsors: Mr. DENHAM, Mr. MEADOWS, Mr. PERRY, Mr. YOUNG

of Alaska, Mr. CRAMER, Mr. BRIDENSTINE, Mr. COLLINS of Georgia, Mr. 

HANNA, Mr. SMITH of Missouri, Mr. MCCLINTOCK, Mr. COLLINS of New 

York, Mr. SMITH of Texas, Mr. GRIFFIN of Arkansas, Mr. HUELSKAMP, 

Mr. LANKFORD, Mr. JONES, Mr. GOSAR, Mr. BARLETTA, Mr. GRAVES

of Missouri, Mr. BROOKS of Alabama, Mr. COTTON, Mr. WOMACK, Mr. 

RODNEY DAVIS of Illinois, Mr. MARINO, Mr. TIPTON, Mrs. NOEM, Mr. 

THORNBERRY, Mr. LATTA, Mr. ROKITA, Mr. PEARCE, Mr. KLINE, Mr. 

STEWART, Mr. LUETKEMEYER, Mr. HURT, Mr. ROSS, Mr. NUGENT, Mr. 

ROONEY, Mrs. BLACKBURN, Mr. MCKINLEY, Mr. HASTINGS of Washington, Mr. UPTON, Mr. POMPEO, Mr. LATHAM, Mr. KELLY of Pennsylvania, Mr. BRADY of Texas, Mr. MULVANEY, Mr. GRAVES of Georgia, 

Mr. SIMPSON, Mr. CHABOT, Mr. POE of Texas, Mr. MILLER of Florida, 

Mr. HECK of Nevada, Mr. CULBERSON, Mr. STUTZMAN, Mr. REED, Mrs. 

ROBY, Mrs. MILLER of Michigan, Mr. BUCHANAN, Mr. AMODEI, Mr. 

GOWDY, Mr. WESTMORELAND, Mr. NUNES, Mr. VALADAO, Mr. SCHOCK, 

Mr. WEBSTER of Florida, Mr. FORBES, Mr. LONG, Mr. SCHWEIKERT, 

Mr. LABRADOR, Mr. DIAZ-BALART, Mr. WHITFIELD, Mr. DENT, Mrs. 

LUMMIS, Mr. WALDEN, Mr. DUFFY, Mr. KINZINGER of Illinois, Mr. 

DESANTIS, Mr. YOHO, Mr. HUIZENGA of Michigan, Mr. TIBERI, Mrs. 

BACHMANN, Mr. GARDNER, Mr. SHIMKUS, Mr. BILIRAKIS, Mr. RIGELL, 


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Mr. WALBERG, Mr. CALVERT, Mr. PITTENGER, Mr. FLEMING, Mr. 

SALMON, Mr. WEBER of Texas, Mr. LAMALFA, Mr. POSEY, Mr. COLE, 

Mr. FLORES, Mr. JOYCE, Mr. WENSTRUP, Mr. AMASH, Mr. GOODLATTE, 

Mr. SENSENBRENNER, Mrs. HARTZLER, Mr. GIBSON, Mr. ROGERS of 

Kentucky, Mr. GINGREY of Georgia, Mr. NEUGEBAUER, Mr. GUTHRIE, 

and Mr. HARRIS

JULY 31, 2014 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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 ‘‘Waters of the United 

5 States Regulatory Overreach Protection Act of 2014’’. 

6 SEC. 2. RULES AND GUIDANCE. 

7 (a) IDENTIFICATION OF WATERS PROTECTED BY

8 THE CLEAN WATER ACT.— 

9 (1) IN GENERAL.—The Secretary and the Ad10 ministrator are prohibited from— 

11 (A) developing, finalizing, adopting, imple12 menting, applying, administering, or enforc13 ing— 

14 (i) the proposed rule described in the 

15 notice of proposed rule published in the 

16 Federal Register entitled ‘‘Definition of 

17 ‘Waters of the United States’ Under the 

18 Clean Water Act’’ (79 Fed. Reg. 22188 

19 (April 21, 2014)); or 

20 (ii) the proposed guidance submitted 

21 to the Office of Information and Regu22 latory Affairs of the Office of Management 

23 and Budget for regulatory review under 

24 Executive Order 12866, entitled ‘‘Guidance 

25 on Identifying Waters Protected By the 


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1 Clean Water Act’’ and dated February 17, 

2 2012 (referred to as ‘‘Clean Water Protec3 tion Guidance’’, Regulatory Identifier 

4 Number (RIN) 2040–ZA11, received Feb5 ruary 21, 2012); or 

6 (B) using the proposed rule or proposed 

7 guidance described in subparagraph (A), any 

8 successor document, or any substantially simi9 lar proposed rule or guidance, as the basis for 

10 any rulemaking or decision regarding the scope 

11 or enforcement of the Federal Water Pollution 

12 Control Act (33 U.S.C. 1251 et seq.). 

13 (2) USE OF RULES AND GUIDANCE.—The use 

14 of the proposed rule or proposed guidance described 

15 in paragraph (1)(A), any successor document, or any 

16 substantially similar proposed rule or guidance, as 

17 the basis for any rulemaking or decision regarding 

18 the scope or enforcement of the Federal Water Pol19 lution Control Act shall be grounds for vacating the 

20 final rule, decision, or enforcement action. 

21 (b) EXEMPTION FOR CERTAIN AGRICULTURAL CON22 SERVATION PRACTICES.— 

23 (1) IN GENERAL.—The Secretary and the Ad24 ministrator are prohibited from developing, final25 izing, adopting, implementing, applying, adminVerDate Mar 15 2010 22:33 Jul 31, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5078.RH H5078

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1 istering, or enforcing the interpretive rule described 

2 in the notice of availability published in the Federal 

3 Register entitled ‘‘Notice of Availability Regarding 

4 the Exemption from Permitting Under Section 

5 404(f)(1)(A) of the Clean Water Act to Certain Ag6 ricultural Conservation Practices’’ (79 Fed. Reg. 

7 22276 (April 21, 2014)). 

8 (2) WITHDRAWAL.—The Secretary and the Ad9 ministrator shall withdraw the interpretive rule de10 scribed in paragraph (1), and such interpretive rule 

11 shall have no force or effect. 

12 (3) APPLICATION.—Section 404(f)(1)(A) of the 

13 Federal Water Pollution Control Act (33 U.S.C. 

14 1344(f)(1)(A)) shall be applied without regard to the 

15 interpretive rule described in paragraph (1). 

16 SEC. 3. FEDERALISM CONSULTATION. 

17 (a) IN GENERAL.—The Secretary and the Adminis18 trator shall jointly consult with relevant State and local 

19 officials to develop recommendations for a regulatory pro20 posal that would, consistent with applicable rulings of the 

21 United States Supreme Court, identify— 

22 (1) the scope of waters covered under the Fed23 eral Water Pollution Control Act; and 

24 (2) the scope of waters not covered under such 

25 Act. 


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1 (b) CONSULTATION REQUIREMENTS.—In developing 

2 the recommendations under subsection (a), the Secretary 

3 and the Administrator shall— 

4 (1) provide relevant State and local officials 

5 with notice and an opportunity to participate in the 

6 consultation process under subsection (a); 

7 (2) seek to consult State and local officials that 

8 represent a broad cross-section of regional, eco9 nomic, and geographic perspectives in the United 

10 States; 

11 (3) emphasize the importance of collaboration 

12 with and among the relevant State and local offi13 cials; 

14 (4) allow for meaningful and timely input by 

15 State and local officials; 

16 (5) be respectful of maintaining the Federal17 State partnership in implementing the Federal 

18 Water Pollution Control Act; 

19 (6) take into consideration the input of State 

20 and local officials regarding matters involving dif21 ferences in State and local geography, hydrology, cli22 mate, legal frameworks, economies, priorities, and 

23 needs; 

24 (7) promote transparency in the consultation 

25 process under subsection (a); and 


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1 (8) explore with State and local officials wheth2 er Federal objectives under the Federal Water Pollu3 tion Control Act can be attained by means other 

4 than through a new regulatory proposal. 

5 (c) REPORTS.— 

6 (1) IN GENERAL.—Not later than 12 months 

7 after the date of the enactment of this Act, the Sec8 retary and the Administrator shall publish in the 

9 Federal Register a draft report describing the rec10 ommendations developed under subsection (a). 

11 (2) CONSENSUS REQUIREMENT.—The Secretary 

12 and the Administrator may include a recommenda13 tion in the draft report only if consensus has been 

14 reached with regard to the recommendation among 

15 the Secretary, the Administrator, and the State and 

16 local officials consulted under subsection (a). 

17 (3) FAILURE TO REACH CONSENSUS.—If the 

18 Secretary, the Administrator, and the State and 

19 local officials consulted under subsection (a) fail to 

20 reach consensus on a regulatory proposal, the draft 

21 report shall identify that consensus was not reached 

22 and describe— 

23 (A) the areas and issues where consensus 

24 was reached; 


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

3 consensus; and 

4 (C) the reasons for the continuing dis5 agreements. 

6 (4) DURATION OF REVIEW.—The Secretary and 

7 the Administrator shall provide not fewer than 180 

8 days for the public review and comment of the draft 

9 report. 

10 (5) FINAL REPORT.—The Secretary and the 

11 Administrator shall, in consultation with the relevant 

12 State and local officials, address any comments re13 ceived under paragraph (4) and prepare a final re14 port describing the final results of the consultation 

15 process under subsection (a). 

16 (d) SUBMISSION OF REPORT TO CONGRESS.—Not 

17 later than 24 months after the date of enactment of this 

18 Act, the Secretary and the Administrator shall jointly sub19 mit to the Committee on Transportation and Infrastruc20 ture of the House of Representatives and the Committee 

21 on Environment and Public Works of the Senate and 

22 make publicly available the final report prepared under 

23 subsection (c)(5). 

24 SEC. 4. DEFINITIONS. 

25 In this Act, the following definitions apply: 


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1 (1) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Army. 

3 (2) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (3) STATE AND LOCAL OFFICIALS.—The term 

7 ‘‘State and local officials’’ means elected or profes8 sional State and local government officials or their 

9 representative regional or national organizations. 


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Union Calendar No. 422 

113TH CONGRESS 

2D SESSION H. R. 5078 

[Report No. 113–568] 

A BILL 

To preserve existing rights and responsibilities with 

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

JULY 31, 2014 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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