(ii) the advice and recommendations 
made by the State and local officials, stake-
holders, and other interested parties con-
sulted under this section; and 
(B) incorporating the areas and issues 
where consensus was reached with the parties. 
(c) FEDERALISM CONSULTATION REQUIREMENTS.—As 
part of consulting with and soliciting advice and rec-
ommendations from State and local officials under sub-
section (b), the Secretary and the Administrator shall— 
(1) seek to reach consensus with the State and 
local officials on how to define the term ‘‘waters of the 
United States’’ as used in the Federal Water Pollu-
tion Control Act; 
(2) provide the State and local officials with no-
tice and an opportunity to participate in the con-
sultation process under subsection (b); 
(3) consult with State and local officials that 
represent a broad cross-section of regional, economic, 
policy, and geographic perspectives in the United 
States; 
(4) emphasize the importance of collaboration 
with and among the State and local officials; 
(5) allow for meaningful and timely input by the 
State and local officials; 
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(6) recognize, preserve, and protect the primary 
rights and responsibilities of the States to protect 
water quality under the Federal Water Pollution Con-
trol Act, and to plan and control the development and 
use of land and water resources in the States; 
(7) protect the authorities of State and local gov-
ernments and rights of private property owners over 
natural and manmade water features, including the 
continued recognition of Federal deference to State 
primacy in the development of water law, the govern-
ance of water rights, and the establishment of the 
legal system by which States mediate disputes over 
water use; 
(8) incorporate the advice and recommendations 
of the State and local officials regarding matters in-
volving differences in State and local geography, hy-
drology, climate, legal frameworks, economies, prior-
ities, and needs; and 
(9) ensure transparency in the consultation proc-
ess, including promptly making accessible to the pub-
lic all communications, records, and other documents 
of all meetings that are part of the consultation proc-
ess. 
(d) STAKEHOLDER CONSULTATION REQUIREMENTS.— 
As part of consulting with and soliciting recommendations 
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from stakeholders and other interested parties under sub-
section (b), the Secretary and the Administrator shall— 
(1) identify representatives of public and private 
stakeholders and other interested parties, including 
small entities (as defined in section 601 of title 5, 
United States Code), representing a broad cross-sec-
tion of regional, economic, and geographic perspec-
tives in the United States, which could potentially be 
affected, directly or indirectly, by the new proposed 
rule under subsection (a), for the purpose of obtaining 
advice and recommendations from those representa-
tives about the potential adverse impacts of the new 
proposed rule and means for reducing such impacts 
in the new proposed rule; and 
(2) ensure transparency in the consultation proc-
ess, including promptly making accessible to the pub-
lic all communications, records, and other documents 
of all meetings that are part of the consultation proc-
ess. 
(e) TIMING OF FEDERALISM AND STAKEHOLDER CON-
SULTATION.—Not later than 3 months after the date of en-
actment of this Act, the Secretary and the Administrator 
shall initiate consultations with State and local officials, 
stakeholders, and other interested parties under subsection 
(b). 
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(f) REPORT.—The Secretary and the Administrator 
shall prepare a report that— 
(1) identifies and responds to each of the public 
comments filed on— 
(A) the proposed rule referred to in section 
2; 
(B) the accompanying economic analysis of 
the proposed rule entitled ‘‘Economic Analysis of 
Proposed Revised Definition of Waters of the 
United States’’ (dated March 2014); and 
(C) the report entitled ‘‘Connectivity of 
Streams & Wetlands to Downstream Waters: A 
Review & Synthesis of Scientific Evidence’’ 
(EPA/600/R–14/475F; dated January 2015); 
(2) provides a detailed explanation of how the 
new proposed rule under subsection (a) addresses the 
public comments referred to in paragraph (1); 
(3) describes in detail— 
(A) the advice and recommendations ob-
tained from the State and local officials con-
sulted under this section; 
(B) the areas and issues where consensus 
was reached with the State and local officials 
consulted under this section; 
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(C) the areas and issues of continuing dis-
agreement that resulted in the failure to reach 
consensus; and 
(D) the reasons for the continuing disagree-
ments; 
(4) provides a detailed explanation of how the 
new proposed rule addresses the advice and rec-
ommendations provided by the State and local offi-
cials consulted under this section, including the areas 
and issues where consensus was reached with the 
State and local officials; 
(5) describes in detail— 
(A) the advice and recommendations ob-
tained from the stakeholders and other interested 
parties, including small entities, consulted under 
this section about the potential adverse impacts 
of the new proposed rule and means for reducing 
such impacts in the new proposed rule; and 
(B) how the new proposed rule addresses 
such advice and recommendations; 
(6) provides a detailed explanation of how the 
new proposed rule— 
(A) recognizes, preserves, and protects the 
primary rights and responsibilities of the States 
to protect water quality and to plan and control 
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