II 

Calendar No. 559 

113TH CONGRESS 

2D SESSION H. R. 5078 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2014 

Received; read the first time 

SEPTEMBER 11, 2014 

Read the second time and placed on the calendar 

AN ACT 

To preserve existing rights and responsibilities with respect 

to waters of the United States, 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 ‘‘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— 


tkelley on DSK3SPTVN1PROD with BILLS
2 

HR 5078 PCS

1 (A) developing, finalizing, adopting, imple2 menting, applying, administering, or enforc3 ing— 

4 (i) the proposed rule described in the 

5 notice of proposed rule published in the 

6 Federal Register entitled ‘‘Definition of 

7 ‘Waters of the United States’ Under the 

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

9 (April 21, 2014)); or 

10 (ii) the proposed guidance submitted 

11 to the Office of Information and Regu12 latory Affairs of the Office of Management 

13 and Budget for regulatory review under 

14 Executive Order 12866, entitled ‘‘Guidance 

15 on Identifying Waters Protected By the 

16 Clean Water Act’’ and dated February 17, 

17 2012 (referred to as ‘‘Clean Water Protec18 tion Guidance’’, Regulatory Identifier 

19 Number (RIN) 2040–ZA11, received Feb20 ruary 21, 2012); or 

21 (B) using the proposed rule or proposed 

22 guidance described in subparagraph (A), any 

23 successor document, or any substantially simi24 lar proposed rule or guidance, as the basis for 

25 any rulemaking or decision regarding the scope 


tkelley on DSK3SPTVN1PROD with BILLS
3 

HR 5078 PCS

1 or enforcement of the Federal Water Pollution 

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

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

4 of the proposed rule or proposed guidance described 

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

6 substantially similar proposed rule or guidance, as 

7 the basis for any rulemaking or decision regarding 

8 the scope or enforcement of the Federal Water Pol9 lution Control Act shall be grounds for vacating the 

10 final rule, decision, or enforcement action. 

11 (b) EXEMPTION FOR CERTAIN AGRICULTURAL CON12 SERVATION PRACTICES.— 

13 (1) IN GENERAL.—The Secretary and the Ad14 ministrator are prohibited from developing, final15 izing, adopting, implementing, applying, admin16 istering, or enforcing the interpretive rule described 

17 in the notice of availability published in the Federal 

18 Register entitled ‘‘Notice of Availability Regarding 

19 the Exemption from Permitting Under Section 

20 404(f)(1)(A) of the Clean Water Act to Certain Ag21 ricultural Conservation Practices’’ (79 Fed. Reg. 

22 22276 (April 21, 2014)). 

23 (2) WITHDRAWAL.—The Secretary and the Ad24 ministrator shall withdraw the interpretive rule deVerDate Mar 15 2010 21:39 Sep 11, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5078.PCS H5078

tkelley on DSK3SPTVN1PROD with BILLS
4 

HR 5078 PCS

1 scribed in paragraph (1), and such interpretive rule 

2 shall have no force or effect. 

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

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

5 1344(f)(1)(A)) shall be applied without regard to the 

6 interpretive rule described in paragraph (1). 

7 SEC. 3. FEDERALISM CONSULTATION. 

8 (a) IN GENERAL.—The Secretary and the Adminis9 trator shall jointly consult with relevant State and local 

10 officials to develop recommendations for a regulatory pro11 posal that would, consistent with applicable rulings of the 

12 United States Supreme Court, identify— 

13 (1) the scope of waters covered under the Fed14 eral Water Pollution Control Act; and 

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

16 Act. 

17 (b) CONSULTATION REQUIREMENTS.—In developing 

18 the recommendations under subsection (a), the Secretary 

19 and the Administrator shall— 

20 (1) provide relevant State and local officials 

21 with notice and an opportunity to participate in the 

22 consultation process under subsection (a); 

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

24 represent a broad cross-section of regional, ecoVerDate Mar 15 2010 21:39 Sep 11, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5078.PCS H5078

tkelley on DSK3SPTVN1PROD with BILLS
5 

HR 5078 PCS

1 nomic, and geographic perspectives in the United 

2 States; 

3 (3) emphasize the importance of collaboration 

4 with and among the relevant State and local offi5 cials; 

6 (4) allow for meaningful and timely input by 

7 State and local officials; 

8 (5) be respectful of maintaining the Federal9 State partnership in implementing the Federal 

10 Water Pollution Control Act; 

11 (6) take into consideration the input of State 

12 and local officials regarding matters involving dif13 ferences in State and local geography, hydrology, cli14 mate, legal frameworks, economies, priorities, and 

15 needs; 

16 (7) promote transparency in the consultation 

17 process under subsection (a); and 

18 (8) explore with State and local officials wheth19 er Federal objectives under the Federal Water Pollu20 tion Control Act can be attained by means other 

21 than through a new regulatory proposal. 

22 (c) REPORTS.— 

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

24 after the date of the enactment of this Act, the Sec25 retary and the Administrator shall publish in the 


tkelley on DSK3SPTVN1PROD with BILLS
6 

HR 5078 PCS

1 Federal Register a draft report describing the rec2 ommendations developed under subsection (a). 

3 (2) CONSENSUS REQUIREMENT.—The Secretary 

4 and the Administrator may include a recommenda5 tion in the draft report only if consensus has been 

6 reached with regard to the recommendation among 

7 the Secretary, the Administrator, and the State and 

8 local officials consulted under subsection (a). 

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

10 Secretary, the Administrator, and the State and 

11 local officials consulted under subsection (a) fail to 

12 reach consensus on a regulatory proposal, the draft 

13 report shall identify that consensus was not reached 

14 and describe— 

15 (A) the areas and issues where consensus 

16 was reached; 

17 (B) the areas and issues of continuing dis18 agreement that resulted in the failure to reach 

19 consensus; and 

20 (C) the reasons for the continuing dis21 agreements. 

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

23 the Administrator shall provide not fewer than 180 

24 days for the public review and comment of the draft 

25 report. 


tkelley on DSK3SPTVN1PROD with BILLS
7 

HR 5078 PCS

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

2 Administrator shall, in consultation with the relevant 

3 State and local officials, address any comments re4 ceived under paragraph (4) and prepare a final re5 port describing the final results of the consultation 

6 process under subsection (a). 

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

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

9 Act, the Secretary and the Administrator shall jointly sub10 mit to the Committee on Transportation and Infrastruc11 ture of the House of Representatives and the Committee 

12 on Environment and Public Works of the Senate and 

13 make publicly available the final report prepared under 

14 subsection (c)(5). 

15 SEC. 4. DEFINITIONS. 

16 In this Act, the following definitions apply: 

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

18 the Secretary of the Army. 

19 (2) ADMINISTRATOR.—The term ‘‘Adminis20 trator’’ means the Administrator of the Environ21 mental Protection Agency. 

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

23 ‘‘State and local officials’’ means elected or profesVerDate Mar 15 2010 21:39 Sep 11, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5078.PCS H5078

tkelley on DSK3SPTVN1PROD with BILLS
8 

HR 5078 PCS

1 sional State and local government officials or their 

2 representative regional or national organizations. 

Passed the House of Representatives September 9, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


tkelley on DSK3SPTVN1PROD with BILLS

tkelley on DSK3SPTVN1PROD with BILLS
Calendar No. 559 

113TH CONGRESS 

2D SESSION H. R. 5078 

AN ACT 

To preserve existing rights and responsibilities with 

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

SEPTEMBER 11, 2014 

Read the second time and placed on the calendar 


tkelley on DSK3SPTVN1PROD with BILLS