,,ii  #aacth ,,congress  #b;d ,session  
,s4 #baef  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,march #be1    
#bjad ,mr4 ,vitter 7for himself and ,mr4
 ,manchin7 introduced the following     
bill2 which was read twice and referred 
to the ,committee on ,environment and   
,public ,works  ,a ,,bill  ,to amend the
 ,federal ,water ,pollution ,control    
,act to confirm the scope of the        
authority of the ,administrator of the  
,environmental ,protection ,agency to   
deny or restrict the use of defined     
areas as disposal sites4  #a4  ,short   
title  ,this ,act may be cited as the   
,regulatory ,fairness ,act of #bjad4    
#b4  ,permits for dredged or fill       
material  ,section #djd of the ,federal 
,water ,pollution ,control ,act 7#cc    
,u4,s4,c4 #acdd7 is amended by striking 
subsection 7c7 and inserting the        
following3  7c7  ,denial or restriction 
of use of specified disposal sites  7#a7
 ,in general ,during and only during the
 period beginning on the date on which  

the ,secretary publishes the notice     
required under subsection 7a7 of this   
section and ending once the ,secretary  
issues a permit under such subsection1  
the ,administrator may deny or restrict 
the use of any defined area identified  
in such notice as a specified disposal  
site if the ,administrator determines1  
after notice and opportunity for public 
comment1 that the discharge of dredged  
or fill material into such defined area 
will have an unacceptable adverse effect
 on municipal water supplies1 shellfish 
beds and fishery areas 7including       
spawning and breeding areas71 wildlife1 
or recreational areas4  7#b7            
,consultation ,before making a          
determination under paragraph 7#a71 the 
,administrator shall consult with the   
,secretary4  7#c7 ,explanation of       
determination ,the ,administrator shall 
set forth in writing and make publicly  
available-- 7,a7 any findings of the    
,administrator2  7,b7 the basis of and  
reasons for making a determination under

 paragraph 7#a72 and  7,c7 all          
information and data reviewed in making 
any determination under paragraph 7#a74 
7#d7 ,previous action in absence of     
notice invalid ,no previous action by   
the ,administrator to deny or restrict  
the use or prohibit the specification of
 any defined area as a disposal site1   
and which occurred in the absence of the
 ,secretary's publishing of a notice    
under subsection 7a7 of this section1 is
 valid or otherwise enforceable4  7#e7  
,previous action after permit issued    
invalid ,no previous action by the      
,administrator to deny or restrict the  
use or prohibit the specification of any
 defined area as a disposal site and for
 which the ,secretary had issued a      
permit under subsection 7a7 of this     
section1 and which occurred after the   
,secretary issued the permit1 is valid  
or otherwise enforceable4  4