‘‘(A) make a jurisdictional determination 
for the waters described in the request; and 
‘‘(B) provide written notification of the ju-
risdictional determination to the person submit-
ting the request, together with written docu-
mentation of the determination and a written 
basis for the determination. 
‘‘(7) AUTHORITY
TO
SEEK
IMMEDIATE
JUDI-
CIAL REVIEW.— 
‘‘(A) IN GENERAL.—Any person authorized 
under paragraph (4) 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 failure to make a de-
termination, in the United States District 
Court for the district in which the property 
is located; or 
‘‘(ii) proceed under the administrative 
appeals process established under this sec-
tion. 
‘‘(B) WATERS SUBJECT TO REVIEW.—Ju-
dicial review, injunctive relief, or administrative 
appeal under subparagraph (A) may be sought 
for any of the waters described in paragraph
(2)(A)(i), (2)(A)(ii), or (2)(A)(iii), as specified 
in the request made under paragraph (4). 
‘‘(C) JUDICIAL
REVIEW
FOLLOWING
AD-
MINISTRATIVE
APPEALS.—Any 
person 
who 
elects to proceed under the administrative ap-
peals 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 decision of the Secretary under the 
administrative appeals process.’’. 
SEC. 7. DEFINITIONS. 
Section 404 of the Federal Water Pollution Control 
Act (33 U.S.C. 1344) is further amended by adding at 
the end the following: 
‘‘(v) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) ADJACENT WETLANDS.—The term ‘adja-
cent wetlands’ means wetlands that are physically 
touching (abutting or contiguous to) a water de-
scribed in subsection (a)(2)(A)(i) or (a)(2)(A)(ii). 
Wetlands separated by a riverbank from which river 
water overflows into the wetlands annually or bian-
nually are adjacent wetlands for purposes of this 
section.
‘‘(2) CULVERT.—The term ‘culvert’ means a 
pipe or structure that conveys perennial or intermit-
tent streams from one side of a linear structure, 
such as a roadway, to the other side. 
‘‘(3) FASTLANDS.—The term ‘fastlands’ means 
areas located within legally constituted manmade 
structures, such as levees and dikes, constructed and 
maintained to permit the utilization of the areas for 
commercial, industrial, or residential purposes con-
sistent with local land use planning requirements. 
‘‘(4) 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 
ebb and flow of the tide shoreward to their mean 
highwater mark. 
‘‘(5) SHEET
FLOW.—The term ‘sheet flow’ 
means non-channelized water flowing over upland. 
‘‘(6) WETLANDS.—The term ‘wetlands’ means 
those lands that have a predominance of hydric soils 
and that are inundated or saturated by surface 
water or ground water at a frequency and duration 
to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted 
for life in saturated soil conditions. Wetlands gen-
erally include swamps, marshes, bogs, and similar 
areas.’’. 
Æ