Navigable Waters Protection Act of 2021
Bill: S.2567 | Sponsor: Sen. Capito, Shelley Moore (R-WV)
Policy area: Environmental Protection

Summary:
Navigable Waters Protection Act of 2021
This bill enacts definitions that determine which bodies of water fall under the scope of the Clean Water Act and are thereby under federal jurisdiction. Specifically, the bill provides statutory authority for the definitions related to the waters of the United States, commonly known as WOTUS, in regulations when the bill is enacted.

To enact the definition of ``waters of the United States'' into law, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Navigable Waters Protection Act of 
2021''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) as of March 2021, the final rule of the Secretary of 
        the Army, acting through the Assistant Secretary of the Army 
        for Civil Works, and the Administrator of the Environmental 
        Protection Agency entitled ``The Navigable Waters Protection 
        Rule: Definition of `Waters of the United States''' (85 Fed. 
        Reg. 22250 (April 21, 2020)) (referred to in this section as 
        the ``Navigable Waters Protection Rule'') is being implemented 
        in all 50 States;
            (2) the final rule issued by the Administrator of the 
        Environmental Protection Agency and the Secretary of the Army, 
        acting through the Assistant Secretary of the Army for Civil 
        Works, entitled ``Clean Water Rule: Definition of `Waters of 
        the United States''' (80 Fed. Reg. 37054 (June 29, 2015))--
                    (A) was subject to a vote under chapter 8 of title 
                5, United States Code (commonly known as the 
                ``Congressional Review Act''), in which members of both 
                parties in the House of Representatives and the Senate 
                voted in favor of disapproving the final rule under 
                that chapter; and
                    (B) was stayed across the United States for over 2 
                years due to legal deficiencies; and
            (3) the Navigable Waters Protection Rule established a 
        definition of ``navigable waters'' under the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.) that--
                    (A) for the first time, provides clarity, 
                predictability, and consistency while ensuring 
                environmental protection; and
                    (B) clearly delineates where Federal regulations 
                apply and gives State and local authorities the 
                flexibility to determine how to best manage water 
                resources within their borders.

SEC. 3. WATERS OF THE UNITED STATES.

    The definitions of the term ``waters of the United States'' and the 
other terms defined in section 328.3 of title 33, Code of Federal 
Regulations (as in effect on the date of enactment of this Act), are 
enacted into law.
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