I 
113TH CONGRESS 
2D SESSION 
H. R. 5078 
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 Com-
mittee on Transportation and Infrastructure 
A BILL 
To preserve existing rights and responsibilities with respect 
to waters of the United States, 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 ‘‘Waters of the United 
States Regulatory Overreach Protection Act of 2014’’. 
SEC. 2. RULES AND GUIDANCE. 
(a) IDENTIFICATION
OF WATERS PROTECTED
BY 
THE CLEAN WATER ACT.— 
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(1) IN GENERAL.—The Secretary and the Ad-
ministrator are prohibited from— 
(A) developing, finalizing, adopting, imple-
menting, applying, administering, or enforc-
ing— 
(i) the proposed rule described in the 
notice of proposed rule published in the 
Federal Register entitled ‘‘Definition of 
‘Waters of the United States’ Under the 
Clean Water Act’’ (79 Fed. Reg. 22188 
(April 21, 2014)); or 
(ii) the proposed guidance submitted 
to the Office of Information and Regu-
latory Affairs of the Office of Management 
and Budget for regulatory review under 
Executive Order 12866, entitled ‘‘Guidance 
on Identifying Waters Protected By the 
Clean Water Act’’ and dated February 17, 
2012 (referred to as ‘‘Clean Water Protec-
tion 
Guidance’’, 
Regulatory 
Identifier 
Number (RIN) 2040–ZA11, received Feb-
ruary 21, 2012); or 
(B) using the proposed rule or proposed 
guidance described in subparagraph (A), any 
successor document, or any substantially simi-
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lar proposed rule or guidance, as the basis for 
any rulemaking or decision regarding the scope 
or enforcement of the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.). 
(2) USE OF RULES AND GUIDANCE.—The use 
of the proposed rule or proposed guidance described 
in paragraph (1)(A), any successor document, or any 
substantially similar proposed rule or guidance, as 
the basis for any rulemaking or decision regarding 
the scope or enforcement of the Federal Water Pol-
lution Control Act shall be grounds for vacating the 
final rule, decision, or enforcement action. 
(b) EXEMPTION FOR CERTAIN AGRICULTURAL CON-
SERVATION PRACTICES.— 
(1) IN GENERAL.—The Secretary and the Ad-
ministrator are prohibited from developing, final-
izing, adopting, implementing, applying, admin-
istering, or enforcing the interpretive rule described 
in the notice of availability published in the Federal 
Register entitled ‘‘Notice of Availability Regarding 
the Exemption from Permitting Under Section 
404(f)(1)(A) of the Clean Water Act to Certain Ag-
ricultural Conservation Practices’’ (79 Fed. Reg. 
22276 (April 21, 2014)). 
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(2) WITHDRAWAL.—The Secretary and the Ad-
ministrator shall withdraw the interpretive rule de-
scribed in paragraph (1), and such interpretive rule 
shall have no force or effect. 
(3) APPLICATION.—Section 404(f)(1)(A) of the 
Federal Water Pollution Control Act (33 U.S.C. 
1344(f)(1)(A)) shall be applied without regard to the 
interpretive rule described in paragraph (1). 
SEC. 3. FEDERALISM CONSULTATION. 
(a) IN GENERAL.—The Secretary and the Adminis-
trator shall jointly consult with relevant State and local 
officials to develop recommendations for a regulatory pro-
posal that would, consistent with applicable rulings of the 
United States Supreme Court, identify— 
(1) the scope of waters covered under the Fed-
eral Water Pollution Control Act; and 
(2) the scope of waters not covered under such 
Act. 
(b) CONSULTATION REQUIREMENTS.—In developing 
the recommendations under subsection (a), the Secretary 
and the Administrator shall— 
(1) provide relevant State and local officials 
with notice and an opportunity to participate in the 
consultation process under subsection (a); 
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(2) seek to consult State and local officials that 
represent a broad cross-section of regional, eco-
nomic, and geographic perspectives in the United 
States; 
(3) emphasize the importance of collaboration 
with and among the relevant State and local offi-
cials; 
(4) allow for meaningful and timely input by 
State and local officials; 
(5) be respectful of maintaining the Federal- 
State partnership in implementing the Federal 
Water Pollution Control Act; 
(6) take into consideration the input of State 
and local officials regarding matters involving dif-
ferences in State and local geography, hydrology, cli-
mate, legal frameworks, economies, priorities, and 
needs; 
(7) promote transparency in the consultation 
process under subsection (a); and 
(8) explore with State and local officials wheth-
er Federal objectives under the Federal Water Pollu-
tion Control Act can be attained by means other 
than through a new regulatory proposal. 
(c) REPORTS.— 
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(1) IN GENERAL.—Not later than 12 months 
after the date of the enactment of this Act, the Sec-
retary and the Administrator shall publish in the 
Federal Register a draft report describing the rec-
ommendations developed under subsection (a). 
(2) CONSENSUS REQUIREMENT.—The Secretary 
and the Administrator may include a recommenda-
tion in the draft report only if consensus has been 
reached with regard to the recommendation among 
the Secretary, the Administrator, and the State and 
local officials consulted under subsection (a). 
(3) FAILURE TO REACH CONSENSUS.—If the 
Secretary, the Administrator, and the State and 
local officials consulted under subsection (a) fail to 
reach consensus on a regulatory proposal, the draft 
report shall identify that consensus was not reached 
and describe— 
(A) the areas and issues where consensus 
was reached; 
(B) the areas and issues of continuing dis-
agreement that resulted in the failure to reach 
consensus; and 
(C) the reasons for the continuing dis-
agreements. 
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(4) DURATION OF REVIEW.—The Secretary and 
the Administrator shall provide not fewer than 180 
days for the public review and comment of the draft 
report. 
(5) FINAL
REPORT.—The Secretary and the 
Administrator shall, in consultation with the relevant 
State and local officials, address any comments re-
ceived under paragraph (4) and prepare a final re-
port describing the final results of the consultation 
process under subsection (a). 
(d) SUBMISSION OF REPORT TO CONGRESS.—Not 
later than 24 months after the date of enactment of this 
Act, the Secretary and the Administrator shall jointly sub-
mit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee 
on Environment and Public Works of the Senate and 
make publicly available the final report prepared under 
subsection (c)(5). 
SEC. 4. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Army. 
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
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(3) STATE AND LOCAL OFFICIALS.—The term 
‘‘State and local officials’’ means elected or profes-
sional State and local government officials or their 
representative regional or national organizations. 
Æ 
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