the waters described in paragraph (2)(A), 
(2)(B), or (2)(C). 
‘‘(B) REQUESTS FOR ADDITIONAL INFOR-
MATION.—Not later than 30 days after the date 
of receipt of a request under subparagraph (A), 
the Secretary may make one request for such 
additional information as may be necessary to 
make the jurisdictional determination. 
‘‘(C) DETERMINATION AND NOTIFICATION 
BY THE SECRETARY.—Not later than 90 days 
after the date of receipt of a request under sub-
paragraph (A), or not later than 60 days after 
the date of receipt of additional information 
provided under subparagraph (B), whichever is 
later, the Secretary shall— 
‘‘(i) make a jurisdictional determina-
tion for the waters described in the re-
quest; and 
‘‘(ii) provide written notification of 
the jurisdictional determination to the per-
son submitting the request, together with 
written documentation of the determina-
tion and a written basis for the determina-
tion.
‘‘(D) AUTHORITY TO SEEK IMMEDIATE JU-
DICIAL REVIEW.— 
‘‘(i) IN
GENERAL.—Any person au-
thorized under this paragraph to request a 
jurisdictional determination for property 
may— 
‘‘(I) seek judicial review of any 
such jurisdictional determination, or 
injunctive relief in the case of a fail-
ure to make a determination, in the 
United States District Court for the 
district in which the property is lo-
cated; or 
‘‘(II) may proceed under the ad-
ministrative appeals process estab-
lished under this section. 
‘‘(ii) WATERS SUBJECT TO REVIEW.— 
Judicial review, injunctive relief, or admin-
istrative appeal under clause (i) may be 
sought for any of the waters described in 
paragraph (2)(A), (2)(B), or (2)(C), as 
specified in the request made under this 
paragraph. 
‘‘(iii) JUDICIAL
REVIEW
FOLLOWING 
ADMINISTRATIVE
APPEALS.—Any person
who elects to proceed under the adminis-
trative appeals process shall retain the 
right to seek in the United States District 
Court for the district in which the property 
is located judicial review of the final deci-
sion of the Secretary under the administra-
tive appeals process.’’. 
SEC. 4. SINGLE AGENCY IMPLEMENTATION. 
(a) IN GENERAL.—Beginning on the date of enact-
ment of this Act, all authorities of the Administrator of 
the Environmental Protection Agency under section 404 
of the Federal Water Pollution Control Act (33 U.S.C. 
1344) are transferred to the Secretary of the Army, acting 
through the Chief of Engineers. 
(b) AUTHORITIES RETAINED
BY EPA.—Notwith-
standing subsection (a), the Administrator shall retain the 
authority to comment on permits issued under section 
404(a) of the Federal Water Pollution Control Act (33 
U.S.C. 1344(a)) and general permits issued under section 
404(e) of such Act (33 U.S.C. 1344(e)). 
(c) TRANSFER OF FUNDS.—All funds appropriated 
to the Administrator for carrying out the authorities 
transferred under this section shall be transferred to the 
Secretary.
(d) CONFORMING AMENDMENTS.—Section 404 of the 
Federal Water Pollution Control Act (33 U.S.C. 1344) is 
amended— 
(1) in subsection (b) by striking ‘‘the Adminis-
trator, in conjunction with’’; 
(2) by striking subsection (c); and 
(3) in subsection (q) by adding at the end the 
following: ‘‘No agreement entered into under this 
subsection shall authorize any of the signatory agen-
cies to request a decision concerning a permit issued 
under this section to be elevated to any level above 
the District Engineer.’’. 
SEC. 5. DEFINITIONS. 
Section 404 of the Federal Water Pollution Control 
Act (33 U.S.C. 1344) is amended by adding at the end 
the following: 
‘‘(u) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) NAVIGABLE.—The term ‘navigable’ means 
a water that is presently used, or is susceptible to 
use, in its natural condition or by reasonable im-
provement as a means to transport interstate or for-
eign commerce shoreward to its ordinary highwater 
mark, including all waters that are subject to the