I 
109TH CONGRESS 
1ST SESSION H. R. 2658 
To amend the Federal Water Pollution Control Act to clarify the jurisdiction 
of the Federal Government over waters of the United States, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 26, 2005 
Mr. BAKER (for himself, Mr. BERRY, Mr. BROWN of South Carolina, Mrs. 
NORTHUP, Mr. CANNON, and Mr. DUNCAN) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastruc-
ture 
A BILL 
To amend the Federal Water Pollution Control Act to clarify 
the jurisdiction of the Federal Government over 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 ‘‘Federal Wetlands Ju-
risdiction Act of 2005’’. 
SEC. 2. STATEMENT OF PURPOSES. 
The purposes of this Act are —
(1) to clarify the jurisdiction of the Federal 
Government over waters of the United States in 
light of the decision of the Supreme Court in Solid 
Waste Agency of Northern Cook County v. U.S. Army 
Corps of Engineers, 531 U.S. 159 (2001), so that, 
consistent with the States’ traditional and primary 
power over land and water use, waters such as iso-
lated wetlands that do not have a significant nexus 
with traditional navigable waters are not subject to 
Federal jurisdiction, but remain subject to regula-
tion by the States; 
(2) to provide consistency throughout the Na-
tion in determining the jurisdiction of the Federal 
Government over waters of the United States; 
(3) to consolidate in one Federal agency the ad-
ministrative authority of the Federal Government to 
determine, in accordance with this Act, the waters of 
the United States subject to the jurisdiction of the 
permitting program established by section 404 of the 
Federal Water Pollution Control Act (33 U.S.C. 
1344); and 
(4) to protect the right of States to regulate 
wetlands and other waters within their jurisdiction.
SEC. 3. FEDERAL JURISDICTION. 
Section 404(a) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1344(a)) is amended— 
(1) by striking ‘‘(a) The Secretary’’ and insert-
ing the following: 
‘‘(a) ISSUANCE OF PERMITS.— 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(2) by adding at the end the following: 
‘‘(2) JURISDICTION.— 
‘‘(A) IN GENERAL.—Waters of the United 
States, including the territorial seas, shall be 
subject to the jurisdiction of the permitting pro-
gram established by this section if the waters 
are— 
‘‘(i) navigable; 
‘‘(ii) connected to navigable waters 
through a continuous, naturally occurring 
surface water connection; or 
‘‘(iii) wetlands adjacent to waters de-
scribed in clause (i) or (ii). 
‘‘(B) INCLUDED
WATERS.—For purposes 
of subparagraph (A)(ii) waters shall be consid-
ered to be connected to navigable waters by a 
continuous, naturally occurring surface water 
connection if the waters are connected by pe-
rennial or intermittent streams that contribute
flow to navigable waters, including perennial or 
intermittent streams that have been restored, 
relocated, or channelized on the surface or that 
flow through culverts. 
‘‘(C) EXCLUDED WATERS.— 
‘‘(i) IN
GENERAL.—For purposes of 
subparagraph (A)(ii), waters shall not be 
considered to be connected to navigable 
waters by a continuous, naturally occurring 
surface water connection if the waters are 
connected by— 
‘‘(I) sheet flow; 
‘‘(II) ephemeral waters, ground 
water, manmade ditches, or pipelines; 
or 
‘‘(III) a municipal separate storm 
sewer system or any other point 
source regulated under section 402, 
including a State program approved 
under section 402(b). 
‘‘(ii) TREATMENT
OF
CONNECTING 
WATERS.—The 
connecting 
waters 
de-
scribed in clause (i) shall not be subject to 
the jurisdiction of the permitting program 
established by this section.
‘‘(iii) FASTLANDS.—Fastlands shall 
not be subject to the jurisdiction of the 
permitting program established by this sec-
tion.’’. 
SEC. 4. STATUTORY CONSTRUCTION. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to preclude or deny the right of 
any State or interstate agency to control the discharge of 
dredged or fill material in any portion of the wetlands or 
other waters within the jurisdiction of such State, includ-
ing any activity of any Federal agency. 
SEC. 5. SINGLE AGENCY IMPLEMENTATION. 
Section 404(a) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1344(a)) is further amended by add-
ing the following: 
‘‘(3) AUTHORITY
OF
SECRETARY.—Beginning 
on the date of enactment of this paragraph, the Sec-
retary shall have sole administrative authority to de-
termine, in accordance with this Act, the waters of 
the United States subject to the jurisdiction of the 
permitting program established by this section.’’. 
SEC. 6. DETERMINATION OF JURISDICTION. 
Section 404(a) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1344(a)) is further amended by add-
ing the following:
‘‘(4) REQUEST FOR DETERMINATION.—A per-
son who holds an ownership interest in property, or 
who has written authorization from such person, 
may submit to the Secretary a request identifying 
the property and requesting the Secretary to deter-
mine the presence or absence of waters of the 
United States subject to the jurisdiction of the per-
mitting program established by this section. The 
person making the request may limit the request to 
a determination of the presence or absence of any of 
the 
waters 
described 
in 
paragraph 
(2)(A)(i), 
(2)(A)(ii), or (2)(A)(iii). 
‘‘(5) REQUESTS
FOR
ADDITIONAL
INFORMA-
TION.—Not later than 30 days after the date of re-
ceipt of a request under paragraph (4), the Sec-
retary may make one request for such additional in-
formation as may be necessary to make the jurisdic-
tion determination. 
‘‘(6) DETERMINATION
AND
NOTIFICATION
BY 
THE SECRETARY.—Not later that 90 days after the 
date of receipt of a request under paragraph (4), or 
not later than 60 days after the date of receipt of 
additional information provided under paragraph 
(5), whichever is later, the Secretary shall —