IIB 
114TH CONGRESS 
2D SESSION 
H. R. 1732 
IN THE SENATE OF THE UNITED STATES 
MAY 13, 2015 
Received 
JULY 14, 2016 
Read twice and referred to the Committee on Environment and Public Works 
AN ACT 
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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Regulatory Integrity 
Protection Act of 2015’’. 
SEC. 2. WITHDRAWAL OF EXISTING PROPOSED RULE. 
Not later than 30 days after the date of enactment 
of this Act, the Secretary of the Army and the Adminis-
trator of the Environmental Protection Agency shall with-
draw 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)) and any final 
rule based on such proposed rule (including RIN 2040– 
AF30). 
SEC. 3. DEVELOPMENT OF NEW PROPOSED RULE. 
(a) IN GENERAL.—The Secretary of the Army and 
the Administrator of the Environmental Protection Agen-
cy shall develop a new proposed rule to define the term 
‘‘waters of the United States’’ as used in the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et seq.). 
(b) DEVELOPMENT OF NEW PROPOSED RULE.—In 
developing the new proposed rule under subsection (a), the 
Secretary and the Administrator shall— 
(1) take into consideration the public comments 
received on— 
(A) the proposed rule referred to in section 
2; 
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(B) the accompanying economic analysis of 
the proposed rule entitled ‘‘Economic Analysis 
of Proposed Revised Definition of Waters of the 
United States’’ (dated March 2014); and 
(C) the report entitled ‘‘Connectivity of 
Streams & Wetlands to Downstream Waters: A 
Review & Synthesis of Scientific Evidence’’ 
(EPA/600/R–14/475F; dated January 2015); 
(2) jointly consult with and solicit advice and 
recommendations from representative State and 
local officials, stakeholders, and other interested par-
ties on how to define the term ‘‘waters of the United 
States’’ as used in the Federal Water Pollution Con-
trol Act; and 
(3) prepare a regulatory proposal that will, con-
sistent with applicable rulings of the United States 
Supreme Court, specifically identify those waters 
covered under, and those waters not covered under, 
the Federal Water Pollution Control Act— 
(A) taking into consideration— 
(i) the public comments referred to in 
paragraph (1); and 
(ii) the advice and recommendations 
made by the State and local officials, 
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stakeholders, and other interested parties 
consulted under this section; and 
(B) incorporating the areas and issues 
where consensus was reached with the parties. 
(c) FEDERALISM CONSULTATION REQUIREMENTS.— 
As part of consulting with and soliciting advice and rec-
ommendations from State and local officials under sub-
section (b), the Secretary and the Administrator shall— 
(1) seek to reach consensus with the State and 
local officials on how to define the term ‘‘waters of 
the United States’’ as used in the Federal Water 
Pollution Control Act; 
(2) provide the State and local officials with no-
tice and an opportunity to participate in the con-
sultation process under subsection (b); 
(3) consult with State and local officials that 
represent a broad cross-section of regional, eco-
nomic, policy, and geographic perspectives in the 
United States; 
(4) emphasize the importance of collaboration 
with and among the State and local officials; 
(5) allow for meaningful and timely input by 
the State and local officials; 
(6) recognize, preserve, and protect the primary 
rights and responsibilities of the States to protect 
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water quality under the Federal Water Pollution 
Control Act, and to plan and control the develop-
ment and use of land and water resources in the 
States; 
(7) protect the authorities of State and local 
governments and rights of private property owners 
over natural and manmade water features, including 
the continued recognition of Federal deference to 
State primacy in the development of water law, the 
governance of water rights, and the establishment of 
the legal system by which States mediate disputes 
over water use; 
(8) incorporate the advice and recommendations 
of the State and local officials regarding matters in-
volving differences in State and local geography, hy-
drology, climate, legal frameworks, economies, prior-
ities, and needs; and 
(9) ensure transparency in the consultation 
process, including promptly making accessible to the 
public all communications, records, and other docu-
ments of all meetings that are part of the consulta-
tion process. 
(d) 
STAKEHOLDER
CONSULTATION
REQUIRE-
MENTS.—As part of consulting with and soliciting rec-
ommendations from stakeholders and other interested par-
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ties under subsection (b), the Secretary and the Adminis-
trator shall— 
(1) identify representatives of public and pri-
vate stakeholders and other interested parties, in-
cluding small entities (as defined in section 601 of 
title 5, United States Code), representing a broad 
cross-section of regional, economic, and geographic 
perspectives in the United States, which could poten-
tially be affected, directly or indirectly, by the new 
proposed rule under subsection (a), for the purpose 
of obtaining advice and recommendations from those 
representatives about the potential adverse impacts 
of the new proposed rule and means for reducing 
such impacts in the new proposed rule; and 
(2) ensure transparency in the consultation 
process, including promptly making accessible to the 
public all communications, records, and other docu-
ments of all meetings that are part of the consulta-
tion process. 
(e) TIMING
OF FEDERALISM
AND STAKEHOLDER 
CONSULTATION.—Not later than 3 months after the date 
of enactment of this Act, the Secretary and the Adminis-
trator shall initiate consultations with State and local offi-
cials, stakeholders, and other interested parties under sub-
section (b). 
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(f) REPORT.—The Secretary and the Administrator 
shall prepare a report that— 
(1) identifies and responds to each of the public 
comments filed on— 
(A) the proposed rule referred to in section 
2; 
(B) the accompanying economic analysis of 
the proposed rule entitled ‘‘Economic Analysis 
of Proposed Revised Definition of Waters of the 
United States’’ (dated March 2014); and 
(C) the report entitled ‘‘Connectivity of 
Streams & Wetlands to Downstream Waters: A 
Review & Synthesis of Scientific Evidence’’ 
(EPA/600/R–14/475F; dated January 2015); 
(2) provides a detailed explanation of how the 
new proposed rule under subsection (a) addresses 
the public comments referred to in paragraph (1); 
(3) describes in detail— 
(A) the advice and recommendations ob-
tained from the State and local officials con-
sulted under this section; 
(B) the areas and issues where consensus 
was reached with the State and local officials 
consulted under this section; 
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(C) the areas and issues of continuing dis-
agreement that resulted in the failure to reach 
consensus; and 
(D) the reasons for the continuing dis-
agreements; 
(4) provides a detailed explanation of how the 
new proposed rule addresses the advice and rec-
ommendations provided by the State and local offi-
cials consulted under this section, including the 
areas and issues where consensus was reached with 
the State and local officials; 
(5) describes in detail— 
(A) the advice and recommendations ob-
tained from the stakeholders and other inter-
ested parties, including small entities, consulted 
under this section about the potential adverse 
impacts of the new proposed rule and means for 
reducing such impacts in the new proposed rule; 
and 
(B) how the new proposed rule addresses 
such advice and recommendations; 
(6) provides a detailed explanation of how the 
new proposed rule— 
(A) recognizes, preserves, and protects the 
primary rights and responsibilities of the States 
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to protect water quality and to plan and control 
the development and use of land and water re-
sources in the States; and 
(B) is consistent with the applicable rul-
ings of the United States Supreme Court re-
garding the scope of waters to be covered under 
the Federal Water Pollution Control Act; and 
(7) provides comprehensive regulatory and eco-
nomic impact analyses, utilizing the latest data and 
other information, on how definitional changes in 
the new proposed rule will impact, directly or indi-
rectly— 
(A) each program under the Federal Water 
Pollution Control Act for Federal, State, and 
local government agencies; and 
(B) public and private stakeholders and 
other interested parties, including small enti-
ties, regulated under each such program. 
(g) PUBLICATION.— 
(1) FEDERAL
REGISTER
NOTICE.—Not later 
than 3 months after the completion of consultations 
with and solicitation of recommendations from State 
and local officials, stakeholders, and other interested 
parties under subsection (b), the Secretary and the 
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Administrator shall publish for comment in the Fed-
eral Register— 
(A) the new proposed rule under sub-
section (a); 
(B) a description of the areas and issues 
where consensus was reached with the State 
and local officials consulted under this section; 
and 
(C) the report described in subsection (f). 
(2) DURATION OF REVIEW.—The Secretary and 
the Administrator shall provide not fewer than 180 
days for the public to review and comment on— 
(A) the new proposed rule under sub-
section (a); 
(B) the accompanying economic analysis 
for the new proposed rule; and 
(C) the report described in subsection (f). 
(h) PROCEDURAL REQUIREMENTS.—Subchapter II 
of chapter 5, and chapter 7, of title 5, United States Code 
(commonly known as the ‘‘Administrative Procedure Act’’) 
shall apply to the development and review of the new pro-
posed rule under subsection (a). 
(i) STATE AND LOCAL OFFICIALS DEFINED.—In this 
section, the term ‘‘State and local officials’’ means elected 
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or professional State and local government officials or 
their representative regional or national organizations. 
SEC. 4. NO ADDITIONAL AUTHORIZATION OF APPROPRIA-
TIONS. 
No additional funds are authorized to be appro-
priated to carry out this Act, and this Act shall be carried 
out using amounts otherwise available for such purpose. 
SEC. 5. EFFECT ON STATE PERMIT PROGRAMS. 
(a) IN GENERAL.—If the Administrator of the Envi-
ronmental Protection Agency, based on the proposed rule 
developed under section 3, issues a final rule to define the 
term ‘‘waters of the United States’’ as used in the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et seq.), the 
Administrator shall— 
(1) not later than 90 days after the date of 
issuance of the final rule, review each permit pro-
gram being administered by a State under section 
402, 404, or 405 of that Act (33 U.S.C. 1342, 
1344, or 1345) to determine whether the permit 
program complies with the terms of the final rule; 
and 
(2) not later than 10 days after the date of 
completion of the review, notify the State of— 
(A) 
the 
Administrator’s 
determination 
under paragraph (1); and 
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(B) in any case in which the Administrator 
determines that a permit program does not 
comply with the final rule, the actions required 
to bring the permit program into compliance. 
(b) COMPLIANCE PERIOD.—During the 2-year period 
beginning on the date on which the Administrator provides 
notice to a State under subsection (a)(2), the Adminis-
trator may not withdraw approval of a State permit pro-
gram referred to in subsection (a)(1) on the basis that 
the permit program does not comply with the terms of 
a final rule described in subsection (a). 
(c) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section may be construed to limit or other-
wise affect the authority of the Administrator under the 
Federal Water Pollution Control Act or any other provi-
sion of law— 
(1) to withdraw approval of a State permit pro-
gram referred to in subsection (a)(1), except as spe-
cifically prohibited by subsection (b); or 
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(2) to disapprove a proposed permit under a 
State permit program referred to in subsection (a). 
Passed the House of Representatives May 12, 2015. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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