(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); 
(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-
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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.— 
(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 
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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. 
(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 
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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. 
(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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