I 
115TH CONGRESS 
2D SESSION 
H. R. 7194 
To repeal the Waters of the United States rule and amend the Federal 
Water Pollution Control Act definition of navigable waters, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 29, 2018 
Ms. HERRERA BEUTLER (for herself and Mr. GIBBS) introduced the following 
bill; which was referred to the Committee on Transportation and Infra-
structure 
A BILL 
To repeal the Waters of the United States rule and amend 
the Federal Water Pollution Control Act definition of 
navigable waters, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Regulatory Certainty 
for Navigable Waters Act’’. 
SEC. 2. WATERS OF THE UNITED STATES AND NAVIGABLE 
WATERS. 
(a) WOTUS REPEAL.—The final rule issued by the 
Administrator of the Environmental Protection Agency 
VerDate Sep 11 2014 
21:22 Nov 30, 2018
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7194.IH
H7194
kjohnson on DSK79L0C42 with BILLS
and the Secretary of the Army entitled ‘‘Clean Water 
Rule: Definition of ‘Waters of the United States’ ’’ (80 
Fed. Reg. 37053 (June 29, 2015)) is repealed. 
(b) NAVIGABLE WATERS DEFINITION.—Section 502 
of the Federal Water Pollution Control Act (33 U.S.C. 
1362) is amended by striking paragraph (7) and inserting 
the following: 
‘‘(7) NAVIGABLE WATERS.— 
‘‘(A) IN GENERAL.—The term ‘navigable 
waters’ means— 
‘‘(i) the territorial seas; 
‘‘(ii) interstate waters which are pres-
ently used, or are susceptible to use in 
their natural and ordinary condition, as a 
means to transport interstate or foreign 
commerce; 
‘‘(iii) relatively permanent, standing, 
or continuously flowing bodies of water 
that form geographical features commonly 
known as streams, rivers, or lakes, that 
flow directly into waters described in 
clause (ii); or 
‘‘(iv) wetlands that have a continuous 
surface water connection to waters de-
scribed in clause (ii) or (iii). 
VerDate Sep 11 2014 
21:22 Nov 30, 2018
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7194.IH
H7194
kjohnson on DSK79L0C42 with BILLS
‘‘(B) EXCLUSIONS.—The term ‘navigable 
waters’ shall be limited to the waters described 
in subparagraph (A) and does not include— 
‘‘(i) intermittent or ephemeral waters; 
‘‘(ii) 
subsurface 
waters, 
including 
ground water or underground streams; 
‘‘(iii) any water that by itself does not 
meet the definition in subparagraph (A); 
‘‘(iv) an intrastate water, unless meet-
ing the requirements of subparagraph (A); 
‘‘(v) a man-made channel or ditch, in-
cluding irrigation, distribution, and drain-
age systems; 
‘‘(vi) a water that does not meet the 
definition in subparagraph (A), including a 
water that in the past could have been a 
water that meets the definition in subpara-
graph (A) or a water that in the future 
could be a water that meets the definition 
in subparagraph (A); 
‘‘(vii) a water that requires the use of 
means beyond visual inspection by the 
naked eye, including aerial photographs, 
satellite imaging, or hydrological testing, to 
VerDate Sep 11 2014 
21:22 Nov 30, 2018
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7194.IH
H7194
kjohnson on DSK79L0C42 with BILLS
determine if it meets the definition in sub-
paragraph (A); 
‘‘(viii) prior converted cropland; or 
‘‘(ix) waste treatment systems, includ-
ing systems created in or with impounded 
waters described in subparagraph (A) and 
all features and components of any system 
designed to actively or passively retain or 
reduce or remove pollutants from waste-
water or stormwater, including those that 
convey the pollutants into and out of the 
system. 
‘‘(C) CONTINUOUS SURFACE WATER CON-
NECTION.—For purposes of this paragraph, a 
continuous surface water connection is a con-
nection with respect to which an ordinary per-
son would not be able to visually determine by 
the naked eye, by looking at the water surface, 
where one body of water ends and the other be-
gins. 
‘‘(D) RELATIVELY
PERMANENT, STAND-
ING, OR
CONTINUOUSLY
FLOWING.—For pur-
poses of this paragraph, a water is relatively 
permanent, standing, or continuously flowing if 
it has continuous flow for at least 290 days of 
VerDate Sep 11 2014 
21:22 Nov 30, 2018
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7194.IH
H7194
kjohnson on DSK79L0C42 with BILLS
the year, except in cases of extreme events, 
such as a drought. 
‘‘(E) WETLANDS.—For purposes of this 
paragraph, wetlands— 
‘‘(i) are areas that are inundated or 
saturated by surface or ground water at a 
frequency and duration sufficient to sup-
port, and that under normal circumstances 
do support, a prevalence of vegetation typi-
cally adapted for life in saturated soil con-
ditions; and 
‘‘(ii) include swamps, marshes, bogs, 
and similar areas. 
‘‘(F) PRIOR CONVERTED CROPLAND.—For 
purposes of this paragraph, the term ‘prior con-
verted cropland’— 
‘‘(i) means areas that, prior to De-
cember 23, 1985, were drained or other-
wise manipulated for the purpose, or hav-
ing the effect, of making an agricultural 
product possible, and that are inundated 
for no more than 14 consecutive days dur-
ing the growing season; and 
‘‘(ii) includes agricultural drainage 
features, including ditches and convey-
VerDate Sep 11 2014 
21:22 Nov 30, 2018
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7194.IH
H7194
kjohnson on DSK79L0C42 with BILLS
ances, that are the means by which the 
original conversion from wetlands to crop-
land took place and that are integral to the 
continued production of agricultural prod-
ucts by providing drainage or irrigation to 
maintain productive growing conditions. 
‘‘(G) JURISDICTIONAL DETERMINATION.— 
The Secretary of the Army, at his cost, shall 
provide a binding determination upon the re-
quest of a permit applicant, landowner, or other 
affected person with an identifiable and sub-
stantial legal interest in a property, to deter-
mine whether a water is a navigable water 
under clause (iv) of subparagraph (A). The re-
view process shall not exceed 60 days, begin-
ning on the date of receipt of a written request 
from the affected person. If no determination 
has been made within the 60 day review period, 
the water shall not be considered a navigable 
water. A determination that a water is not a 
navigable water, or a failure to provide a deter-
mination, shall be binding on both the Sec-
retary and the Administrator for as long as the 
person has an identifiable and substantial legal 
interest in the property. If a determination is 
VerDate Sep 11 2014 
21:22 Nov 30, 2018
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7194.IH
H7194
kjohnson on DSK79L0C42 with BILLS
made that a water is a navigable water, the de-
termination shall be binding for a period of no 
longer than 5 years. The affected person may 
obtain expedited judicial review not later than 
30 days after the date on which the determina-
tion is made in a district court of the United 
States, of appropriate jurisdiction and venue, 
which is located within the State of the affected 
person seeking the review.’’. 
Æ 
VerDate Sep 11 2014 
21:22 Nov 30, 2018
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H7194.IH
H7194
kjohnson on DSK79L0C42 with BILLS