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116TH CONGRESS
1ST SESSION H. R. 2287
To clarify the definition of navigable waters, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 10, 2019
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.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Federal Regulatory
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Certainty for Water Act’’.
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SEC. 2. REPEAL OF AGENCY REGULATIONS.
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The final rule issued by the Administrator of the En-
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vironmental Protection Agency and the Secretary of the
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Army entitled ‘‘Clean Water Rule: Definition of ‘Waters
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of the United States’ ’’, signed by the Administrator and
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the Assistant Secretary of the Army for Civil Works on
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May 27, 2015, shall have no force or effect.
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SEC. 3. DEFINITION OF NAVIGABLE WATERS.
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Section 502 of the Federal Water Pollution Control
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Act (33 U.S.C. 1362) is amended by striking paragraph
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(7) and inserting the following:
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‘‘(7) NAVIGABLE WATERS.—
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‘‘(A) IN GENERAL.—The term ‘navigable
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waters’ means the waters of the United States,
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including the territorial seas, that are—
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‘‘(i) navigable-in-fact; or
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‘‘(ii) permanent or continuously flow-
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ing bodies of water that form geographical
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features commonly known as streams,
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oceans, rivers, and lakes that are con-
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nected to waters that are navigable-in-fact.
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‘‘(B) EXCLUSIONS.—The term ‘navigable
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waters’ does not include—
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‘‘(i) waters that do not physically abut
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waters described in subparagraph (A)
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through an actual and continuous surface
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water connection;
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‘‘(ii) man-made or natural structures
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or channels through which water flows
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intermittently or ephemerally, including for
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the periodic drainage of rainfall; or
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‘‘(iii) wetlands, including playa lakes,
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prairie potholes, wet meadows, wet prai-
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ries, and vernal pools, that lack a contin-
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uous surface water connection to bodies of
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water that are waters described in sub-
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paragraph (A).
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‘‘(C) NO AGGREGATION.—The aggregation
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of wetlands or waters shall not be used to de-
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termine whether the wetlands or waters are
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navigable waters.’’.
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SEC. 4. COAST GUARD.
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Nothing in this Act or the amendments made by this
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Act shall be construed to impair, diminish, or otherwise
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affect the authority, function, jurisdiction, or power of the
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Coast Guard, or any member thereof, with respect to the
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navigable waters of the United States, or to affect or alter
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the status of such waters as navigable waters of the
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United States for such purposes.
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Æ
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