Regulatory Integrity Protection Act of 2015
(Sec. 2) This bill requires the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) to withdraw, within 30 days, the proposed rule, "Definition of 'Waters of the United States' Under the Clean Water Act," dated April 21, 2014, describing the water bodies that fall under the scope of the Federal Water Pollution Control Act (commonly known as the Clean Water Act), as well as any final rule based on the proposed rule.
(Sec. 3) The Army Corps and the EPA must develop a new proposed rule to define the term, "waters of the United States" as used in that Act. In developing the new rule, the Army Corps and the EPA must meet requirements concerning consultation with states and localities enumerated in this bill. The new rule must specifically identify those waters covered and not covered by the Clean Water Act and incorporate the areas and issues where consensus was reached by the interested parties.
The Army Corps and the EPA must prepare a report with details about the new proposed rule and its development, including: (1) explanations of how the rule addresses public comments filed on certain related rules and reports and addresses recommendations provided in the consultation process; and (2) comprehensive regulatory and economic impact analyses of how the rule will impact interested parties and each program under the Clean Water Act.
The Army Corps and the EPA must: (1) publish the report, a description of the areas and issues where consensus was reached with the state and local officials consulted, and the new proposed rule; and (2) make them available for public review and comment for at least 180 days.
(Sec. 5) Within 90 days of issuing a final rule to define the term, the EPA must determine whether each permit program administered by states under the Clean Water Act's National Pollutant Discharge Elimination System program, the program to regulate the discharge of dredged or fill material into waters of the United States, and the program regulating the disposal of sewage sludge is in compliance with the rule. States are given two years to bring any noncompliant programs into compliance before the EPA withdraws approval of the state program.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1732 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 1732
To preserve existing rights and responsibilities with respect to waters
of the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2015
Mr. Shuster (for himself, Mr. Gibbs, Mr. Conaway, Mrs. Miller of
Michigan, Mr. Peterson, Mr. Smith of Texas, Mr. Upton, Mr. Young of
Alaska, Mr. Graves of Missouri, Mr. Crawford, Mr. Barletta, Mr. Denham,
Mr. Ribble, Mr. Massie, Mr. Meadows, Mr. Rodney Davis of Illinois, Mr.
Woodall, Mr. Rokita, Mr. Katko, Mr. Babin, Mr. Hardy, Mrs. Mimi Walters
of California, Mr. Rouzer, Mr. Gosar, Mrs. Hartzler, Mr. Labrador, and
Mrs. Walorski) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
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 Representatives of the
United States of America in Congress assembled,
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 Administrator of the Environmental
Protection Agency shall withdraw 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 Agency 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;
(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 parties on how to define the
term ``waters of the United States'' as used in the Federal
Water Pollution Control Act; and
(3) prepare a regulatory proposal that will, consistent
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, 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 recommendations from State and local
officials under subsection (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 notice and
an opportunity to participate in the consultation process under
subsection (b);
(3) consult with State and local officials that represent a
broad cross-section of regional, economic, 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 water quality under
the Federal Water Pollution Control Act, and to plan and
control the development 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;
(8) incorporate the advice and recommendations of the State
and local officials regarding matters involving differences in
State and local geography, hydrology, climate, legal
frameworks, economies, priorities, and needs; and
(9) ensure transparency in the consultation process,
including promptly making accessible to the public all
communications, records, and other documents of all meetings
that are part of the consultation process.
(d) Stakeholder Consultation Requirements.--As part of consulting
with and soliciting recommendations from stakeholders and other
interested parties under subsection (b), the Secretary and the
Administrator shall--
(1) identify representatives of public and private
stakeholders and other interested parties, including 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 potentially 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 documents of all meetings
that are part of the consultation 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 Administrator shall initiate consultations with State and local
officials, stakeholders, and other interested parties under subsection
(b).
(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 obtained from
the State and local officials consulted under this
section;
(B) the areas and issues where consensus was
reached with the State and local officials consulted
under this section;
(C) the areas and issues of continuing disagreement
that resulted in the failure to reach consensus; and
(D) the reasons for the continuing disagreements;
(4) provides a detailed explanation of how the new proposed
rule addresses the advice and recommendations provided by the
State and local officials 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 obtained from
the stakeholders and other interested 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 to protect
water quality and to plan and control the development
and use of land and water resources in the States; and
(B) is consistent with the applicable rulings of
the United States Supreme Court regarding the scope of
waters to be covered under the Federal Water Pollution
Control Act; and
(7) provides comprehensive regulatory and economic impact
analyses, utilizing the latest data and other information, on
how definitional changes in the new proposed rule will impact,
directly or indirectly--
(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 entities, 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 Administrator shall publish for comment in
the Federal Register--
(A) the new proposed rule under subsection (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 subsection (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 proposed rule under subsection (a).
(i) State and Local Officials Defined.--In this section, the term
``State and local officials'' means elected or professional State and
local government officials or their representative regional or national
organizations.
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The Speaker designated the Honorable David Young to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1732. Pursuant to the provisions of H. Res. 231, the rule makes in order as original text for the purpose of amendment in the nature of a substitute consisting of the text Rules Committee Print 114-13 modified by the amendment printed in Part A of the Rules Committee report.
DEBATE - Pursuant to the provisions of H. Res. 231, the Committee of the Whole proceeded with 10 minutes of debate on the Edwards Part B amendment no. 1.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Edwards amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Ms. Edwards demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res. 231, the Committee of the Whole proceeded with 10 minutes of debate on the Kildee Part B amendment no. 2.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1732.
Pursuant to clause 1(c) of rule 19, further consideration of H.R. 1732 was postponed.
Considered as unfinished business. (consideration: CR H2851-2854)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1732.
The previous question was ordered pursuant to the rule. (consideration: CR H2852)
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Mr. Aguilar moved to recommit with instructions to the Committee on Transportation. (consideration: CR H2852-2853; text: CR H2852)
DEBATE - The House proceeded with ten minutes of debate on the Aguilar motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to direct the Secretary of the Army and the Administrator of the Environmental Protection Agency to protect the quality and integrity of surface waters and wetlands in the rulemaking required by the underlying bill. The agencies must: (1) safeguard public water supplies, including the Great Lakes and other areas affected by algal blooms; (2) mitigate against the drought in California and other western States; (3) preserve water for agricultural purposes, including irrigation; and (4) alleviate potential adverse impacts of flooding and coastal storms.
On motion to recommit with instructions Failed by the Yeas and Nays: 175 - 241 (Roll No. 218).
Roll Call #218 (House)Passed/agreed to in House: On passage Passed by recorded vote: 261 - 155 (Roll no. 219).
Roll Call #219 (House)On passage Passed by recorded vote: 261 - 155 (Roll no. 219).
Roll Call #219 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice and referred to the Committee on Environment and Public Works.