drinking 
water 
supplies 
serving 
more 
than 
110,000,000 Americans. 
(12) Millions of people in the United States 
enjoy recreational activities that depend on intra-
state waters, such as waterfowl hunting, bird watch-
ing, fishing, and photography, and those activities 
and associated travel generate billions of dollars of 
income each year for the travel, tourism, recreation, 
and sporting sectors of the economy of the United 
States. 
(13) Activities that result in the discharge of 
pollutants into waters of the United States are com-
mercial or economic in nature. More than 40 per-
cent, or 14,800, facilities with permits issued under 
the Federal Water Pollution Control Act, including 
industrial facilities and municipal sewage treatment 
systems, discharge into small or intermittent 
streams. 
(14) States have the responsibility and right to 
prevent, reduce, and eliminate pollution of waters, 
and the Federal Water Pollution Control Act re-
spects the rights and responsibilities of States by 
preserving for States the ability to manage permit-
ting, grant, and research programs to prevent, re-
duce, and eliminate pollution, and to establish stand-
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ards and programs more protective of a State’s wa-
ters than is provided under Federal standards and 
programs. 
(15) Protecting the quality of and regulating 
activities affecting the waters of the United States 
is a necessary and proper means of implementing 
treaties to which the United States is a party, in-
cluding treaties protecting species of fish, birds, and 
wildlife. 
(16) Protecting the quality of and regulating 
activities affecting the waters of the United States 
is a necessary and proper means of protecting Fed-
eral land, including hundreds of millions of acres of 
parkland, refuge land, and other land under Federal 
ownership and the wide array of waters encompassed 
by that land. 
(17) Protecting the quality of and regulating 
activities affecting the waters of the United States 
is necessary to protect Federal land and waters from 
discharges of pollutants and other forms of degrada-
tion. 
SEC. 4. DEFINITION OF WATERS OF THE UNITED STATES. 
Section 502 of the Federal Water Pollution Control 
Act (33 U.S.C. 1362) is amended— 
(1) by striking paragraph (7); 
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(2) by redesignating paragraphs (8) through 
(24) as paragraphs (7) through (23), respectively; 
and 
(3) by adding at the end the following: 
‘‘(24) WATERS OF THE UNITED STATES.—The 
term ‘waters of the United States’ means all waters 
subject to the ebb and flow of the tide, the territorial 
seas, and all interstate and intrastate waters and 
their tributaries, including lakes, rivers, streams (in-
cluding intermittent streams), mudflats, sandflats, 
wetlands, sloughs, prairie potholes, wet meadows, 
playa lakes, natural ponds, and all impoundments of 
the foregoing, to the fullest extent that these waters, 
or activities affecting these waters, are subject to the 
legislative power of Congress under the Constitu-
tion.’’. 
SEC. 5. CONFORMING AMENDMENTS. 
The Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.) is amended— 
(1) by striking ‘‘navigable waters of the United 
States’’ each place it appears and inserting ‘‘waters 
of the United States’’; 
(2) in section 304(l)(1) by striking ‘‘NAVIGABLE 
WATERS’’ in the heading and inserting ‘‘WATERS OF 
THE UNITED STATES’’; and 
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(3) by striking ‘‘navigable waters’’ each place it 
appears and inserting ‘‘waters of the United 
States’’. 
SEC. 6. SAVINGS CLAUSE. 
Nothing in this Act (including any amendment made 
by this Act) shall be construed as affecting the authority 
of the Secretary of the Army or the Administrator of the 
Environmental Protection Agency (as the case may be) 
under the following provisions of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1251 et seq.): 
(1) Section 402(l)(1), relating to discharges 
composed entirely of agricultural return flows. 
(2) Section 402(l)(2), relating to discharges of 
stormwater runoff from oil, gas, and mining oper-
ations. 
(3) Section 404(f)(1)(A), relating to discharges 
of dredged or fill materials from normal farming, 
silviculture, and ranching activities. 
(4) Section 404(f)(1)(B), relating to discharges 
of dredged or fill materials for the purpose of main-
tenance of currently serviceable structures. 
(5) Section 404(f)(1)(C), relating to discharges 
of dredged or fill materials for the purpose of con-
struction or maintenance of farm or stock ponds or 
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irrigation ditches and maintenance of drainage 
ditches. 
(6) Section 404(f)(1)(D), relating to discharges 
of dredged or fill materials for the purpose of con-
struction of temporary sedimentation basins on con-
struction sites. 
(7) Section 404(f)(1)(E), relating to discharges 
of dredged or fill materials for the purpose of con-
struction or maintenance of farm roads or forest 
roads or temporary roads for moving mining equip-
ment. 
(8) Section 404(f)(1)(F), relating to discharges 
of dredged or fill materials resulting from activities 
with respect to which a State has an approved pro-
gram under section 208(b)(4) of such Act. 
Æ 
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