,,ii ,calendar ,no4 #eei #aacth ,,congress #b;d ,session ,h4 ,r4 #ejgh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #aj1 #bjad,received2 read the first time ,september #aa1 #bjad,read the second time and placed on the calendar ,,an ,,act ,to preserve existing rights and responsibilities with respect to waters of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,waters of the ,united ,states ,regulatory ,overreach ,protection ,act of #bjad4 #b4 ,rules and guidance 7a7 ,identification of waters protected by the ,clean ,water ,act 7#a7 ,in general ,the ,secretary and the ,administrator are prohibited from-- 7,a7 developing1 finalizing1 adopting1 implementing1 applying1 administering1 or enforcing-- 7i7 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 7#gi ,fed4 ,reg4 #bbahh 7,april #ba1 #bjad772 or 7ii7 the proposed guidance submitted to the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget for regulatory review under ,executive ,order #abhff1 entitled ,guidance on ,identifying ,waters ,protected ,by the ,clean ,water ,act and dated ,february #ag1 #bjab 7referred to as ,clean ,water ,protection ,guidance1 ,regulatory ,identifier ,number 7,,rin7 #bjdj-,,za#aa1 received ,february #ba1 #bjab72 or 7,b7 using the proposed rule or proposed guidance described in subparagraph 7,a71 any successor document1 or any substantially similar proposed rule or guidance1 as the basis for any rulemaking or decision regarding the scope or enforcement of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq474 7#b7 ,use of rules and guidance ,the use of the proposed rule or proposed guidance described in paragraph 7#a77;,a71 any successor document1 or any substantially similar proposed rule or guidance1 as the basis for any rulemaking or decision regarding the scope or enforcement of the ,federal ,water ,pollution ,control ,act shall be grounds for vacating the final rule1 decision1 or enforcement action4 7b7 ,exemption for certain agricultural conservation practices 7#a7 ,in general ,the ,secretary and the ,administrator are prohibited from developing1 finalizing1 adopting1 implementing1 applying1 administering1 or enforcing the interpretive rule described in the notice of availability published in the ,federal ,register entitled ,notice of ,availability ,regarding the ,exemption from ,permitting ,under ,section #djd7;f77#a77;,a7 of the ,clean ,water ,act to ,certain ,agricultural ,conservation ,practices 7#gi ,fed4 ,reg4 #bbbgf 7,april #ba1 #bjad774 7#b7 ,withdrawal ,the ,secretary and the ,administrator shall withdraw the interpretive rule described in paragraph 7#a71 and such interpretive rule shall have no force or effect4 7#c7 ,application ,section #djd7;f77#a77;,a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7;f77#a77;,a77 shall be applied without regard to the interpretive rule described in paragraph 7#a74 #c4 ,federalism consultation 7a7 ,in general ,the ,secretary and the ,administrator shall jointly consult with relevant ,state and local officials to develop recommendations for a regulatory proposal that would1 consistent with applicable rulings of the ,united ,states ,supreme ,court1 identify-- 7#a7 the scope of waters covered under the ,federal ,water ,pollution ,control ,act2 and 7#b7 the scope of waters not covered under such ,act4 7b7 ,consultation requirements ,in developing the recommendations under subsection 7a71 the ,secretary and the ,administrator shall-- 7#a7 provide relevant ,state and local officials with notice and an opportunity to participate in the consultation process under subsection 7a72 7#b7 seek to consult ,state and local officials that represent a broad cross-section of regional1 economic1 and geographic perspectives in the ,united ,states2 7#c7 emphasize the importance of collaboration with and among the relevant ,state and local officials2 7#d7 allow for meaningful and timely input by ,state and local officials2 7#e7 be respectful of maintaining the ,federal-,state partnership in implementing the ,federal ,water ,pollution ,control ,act2 7#f7 take into consideration the input of ,state and local officials regarding matters involving differences in ,state and local geography1 hydrology1 climate1 legal frameworks1 economies1 priorities1 and needs2 7#g7 promote transparency in the consultation process under subsection 7a72 and 7#h7 explore with ,state and local officials whether ,federal objectives under the ,federal ,water ,pollution ,control ,act can be attained by means other than through a new regulatory proposal4 7c7 ,reports 7#a7 ,in general ,not later than #ab months after the date of the enactment of this ,act1 the ,secretary and the ,administrator shall publish in the ,federal ,register a draft report describing the recommendations developed under subsection 7a74 7#b7 ,consensus requirement ,the ,secretary and the ,administrator may include a recommendation in the draft report only if consensus has been reached with regard to the recommendation among the ,secretary1 the ,administrator1 and the ,state and local officials consulted under subsection 7a74 7#c7 ,failure to reach consensus ,if the ,secretary1 the ,administrator1 and the ,state and local officials consulted under subsection 7a7 fail to reach consensus on a regulatory proposal1 the draft report shall identify that consensus was not reached and describe-- 7,a7 the areas and issues where consensus was reached2 7,b7 the areas and issues of continuing disagreement that resulted in the failure to reach consensus2 and 7,c7 the reasons for the continuing disagreements4 7#d7 ,duration of review ,the ,secretary and the ,administrator shall provide not fewer than #ahj days for the public review and comment of the draft report4 7#e7 ,final report ,the ,secretary and the ,administrator shall1 in consultation with the relevant ,state and local officials1 address any comments received under paragraph 7#d7 and prepare a final report describing the final results of the consultation process under subsection 7a74 7d7 ,submission of report to ,congress ,not later than #bd months after the date of enactment of this ,act1 the ,secretary and the ,administrator shall jointly submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate and make publicly available the final report prepared under subsection 7c77#e74 #d4 ,definitions ,in this ,act1 the following definitions apply3 7#a7 ,secretary ,the term ,secretary means the ,secretary of the ,army4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#c7 ,state and local officials ,the term ,state and local officials means elected or professional ,state and local government officials or their representative regional or national organizations4 ,passed the ,house of ,representatives ,september #i1 #bjad4,karen ,l4 ,haas1,clerk4 ,september #aa1 #bjad,read the second time and placed on the calendar