Federal Regulatory Certainty for Water Act

Bill: 115-hr-1261
Sponsor: full_name: Rep. Thornberry, Mac [R-TX-13]
Introduced: 2017-02-28
Policy area: Environmental Protection
Subjects: Administrative law and regulatory procedures

Army Corps of Engineers

Environmental Protection Agency (EPA)

Environmental regulatory procedures

Lakes and rivers

Water quality

Wetlands
Latest action: action_date: 2017-03-01
text: Referred to the Subcommittee on Water Resources and Environment.

Summaries:
action_date: 2017-02-28
action_desc: Introduced in House
text: <p><b>Federal Regulatory Certainty for Water Act</b></p> <p>This bill nullifies the Environmental Protection Agency's Clean Water Rule signed on May 27, 2015, which describes the scope of the Federal Water Pollution Control Act (commonly known as the Clean Water Act).</p> <p>Under this bill, the Clean Water Act applies to waters of the United States that are: (1) navigable-in-fact; or (2) permanent or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact.</p> <p>Under this bill, the Act does not apply to: (1) waters that do not physically abut those waters of the United States through an actual and continuous surface water connection; (2) man-made or natural structures or channels through which water flows intermittently or ephemerally; or (3) wetlands (including playa lakes, prairie potholes, wet meadows, wet prairies, and vernal pools) that lack that continuous surface water connection. </p> <p>The aggregation of wetlands or waters may not be used to determine whether the wetlands or waters are navigable waters.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 1261 IN THE HOUSE OF REPRESENTATIVES February 28, 2017 Mr. Thornberry introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To clarify the definition of navigable waters, and for other purposes.

1. Short title This Act may be cited as the Federal Regulatory Certainty for Water Act . 2. Repeal of agency regulations The final rule issued by the Administrator of the Environmental Protection Agency and the Secretary of the Army entitled Clean Water Rule: Definition of Waters of the United States , signed by the Administrator and the Assistant Secretary on May 27, 2015, shall have no force or effect. 3. Definition of navigable waters Section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ) is amended by striking paragraph (7) and inserting the following: (7) Navigable waters (A) In general The term navigable waters means the waters of the United States, including the territorial seas, that are— (i) navigable-in-fact; or (ii) permanent or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. (B) Exclusions The term navigable waters does not include— (i) waters that do not physically abut waters described in subparagraph (A) through an actual and continuous surface water connection; (ii) man-made or natural structures or channels through which water flows intermittently or ephemerally, including for the periodic drainage of rainfall; or (iii) wetlands, including playa lakes, prairie potholes, wet meadows, wet prairies, and vernal pools, that lack a continuous surface water connection to bodies of water that are waters described in subparagraph (A). (C) No aggregation The aggregation of wetlands or waters shall not be used to determine whether the wetlands or waters are navigable waters. . 4. Coast Guard Nothing in this Act or the amendments made by this Act shall be construed to impair, diminish, or otherwise affect the authority, function, jurisdiction, or power of the Coast Guard, or any member thereof, with respect to the navigable waters of the United States, or to affect or alter the status of such waters as navigable waters of the United States for such purposes.