,,ii #aadth ,,congress #ast ,session ,h4 ,r4 #agcb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ac1 #bjae,received ,,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 ,regulatory ,integrity ,protection ,act of #bjae4 #b4 ,withdrawal of existing proposed rule ,not later than #cj days after the date of enactment of this ,act1 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 7#gi ,fed4 ,reg4 #bbahh 7,april #ba1 #bjad77 and any final rule based on such proposed rule 7including ,,rin #bjdj-;,,af#cj74 #c4 ,development of new proposed rule 7a7 ,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 7#cc ,u4,s4,c4 #abea et seq474 7b7 ,development of new proposed rule ,in developing the new proposed rule under subsection 7a71 the ,secretary and the ,administrator shall-- 7#a7 take into consideration the public comments received on-- 7,a7 the proposed rule referred to in section #b2 7,b7 the accompanying economic analysis of the proposed rule entitled ,economic ,analysis of ,proposed ,revised ,definition of ,waters of the ,united ,states 7dated ,march #bjad72 and 7,c7 the report entitled ,connectivity of ,streams ,wetlands to ,downstream ,waters3 ,a ,review ,synthesis of ,scientific ,evidence 7,,epa_/#fjj_/,r-#ad_/dge;,f2 dated ,january #bjae72 7#b7 jointly consult with and solicit advice and recommendations from representative ,state and local officials1 stakeholders1 and other interested parties on how to define the term waters of the ,united ,states as used in the ,federal ,water ,pollution ,control ,act2 and 7#c7 prepare a regulatory proposal that will1 consistent with applicable rulings of the ,united ,states ,supreme ,court1 specifically identify those waters covered under1 and those waters not covered under1 the ,federal ,water ,pollution ,control ,act-- 7,a7 taking into consideration-- 7i7 the public comments referred to in paragraph 7#a72 and 7ii7 the advice and recommendations made by the ,state and local officials1 stakeholders1 and other interested parties consulted under this section2 and 7,b7 incorporating the areas and issues where consensus was reached with the parties4 7c7 ,federalism consultation requirements ,as part of consulting with and soliciting advice and recommendations from ,state and local officials under subsection 7b71 the ,secretary and the ,administrator shall-- 7#a7 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 ,act2 7#b7 provide the ,state and local officials with notice and an opportunity to participate in the consultation process under subsection 7b72 7#c7 consult with ,state and local officials that represent a broad cross-section of regional1 economic1 policy1 and geographic perspectives in the ,united ,states2 7#d7 emphasize the importance of collaboration with and among the ,state and local officials2 7#e7 allow for meaningful and timely input by the ,state and local officials2 7#f7 recognize1 preserve1 and protect the primary rights and responsibilities of the ,states to protect water quality under the ,federal ,water ,pollution ,control ,act1 and to plan and control the development and use of land and water resources in the ,states2 7#g7 protect the authorities of ,state and local governments and rights of private property owners over natural and manmade water features1 including the continued recognition of ,federal deference to ,state primacy in the development of water law1 the governance of water rights1 and the establishment of the legal system by which ,states mediate disputes over water use2 7#h7 incorporate the advice and recommendations of the ,state and local officials regarding matters involving differences in ,state and local geography1 hydrology1 climate1 legal frameworks1 economies1 priorities1 and needs2 and 7#i7 ensure transparency in the consultation process1 including promptly making accessible to the public all communications1 records1 and other documents of all meetings that are part of the consultation process4 7d7 ,stakeholder consultation requirements ,as part of consulting with and soliciting recommendations from stakeholders and other interested parties under subsection 7b71 the ,secretary and the ,administrator shall-- 7#a7 identify representatives of public and private stakeholders and other interested parties1 including small entities 7as defined in section #fja of title #e1 ,united ,states ,code71 representing a broad cross-section of regional1 economic1 and geographic perspectives in the ,united ,states1 which could potentially be affected1 directly or indirectly1 by the new proposed rule under subsection 7a71 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 rule2 and 7#b7 ensure transparency in the consultation process1 including promptly making accessible to the public all communications1 records1 and other documents of all meetings that are part of the consultation process4 7e7 ,timing of federalism and stakeholder consultation ,not later than #c months after the date of enactment of this ,act1 the ,secretary and the ,administrator shall initiate consultations with ,state and local officials1 stakeholders1 and other interested parties under subsection 7b74 7f7 ,report ,the ,secretary and the ,administrator shall prepare a report that-- 7#a7 identifies and responds to each of the public comments filed on-- 7,a7 the proposed rule referred to in section #b2 7,b7 the accompanying economic analysis of the proposed rule entitled ,economic ,analysis of ,proposed ,revised ,definition of ,waters of the ,united ,states 7dated ,march #bjad72 and 7,c7 the report entitled ,connectivity of ,streams ,wetlands to ,downstream ,waters3 ,a ,review ,synthesis of ,scientific ,evidence 7,,epa_/#fjj_/,r-#ad_/dge;,f2 dated ,january #bjae72 7#b7 provides a detailed explanation of how the new proposed rule under subsection 7a7 addresses the public comments referred to in paragraph 7#a72 7#c7 describes in detail-- 7,a7 the advice and recommendations obtained from the ,state and local officials consulted under this section2 7,b7 the areas and issues where consensus was reached with the ,state and local officials consulted under this section2 7,c7 the areas and issues of continuing disagreement that resulted in the failure to reach consensus2 and 7,d7 the reasons for the continuing disagreements2 7#d7 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 section1 including the areas and issues where consensus was reached with the ,state and local officials2 7#e7 describes in detail-- 7,a7 the advice and recommendations obtained from the stakeholders and other interested parties1 including small entities1 consulted under this section about the potential adverse impacts of the new proposed rule and means for reducing such impacts in the new proposed rule2 and 7,b7 how the new proposed rule addresses such advice and recommendations2 7#f7 provides a detailed explanation of how the new proposed rule-- 7,a7 recognizes1 preserves1 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 ,states2 and 7,b7 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 ,act2 and 7#g7 provides comprehensive regulatory and economic impact analyses1 utilizing the latest data and other information1 on how definitional changes in the new proposed rule will impact1 directly or indirectly-- 7,a7 each program under the ,federal ,water ,pollution ,control ,act for ,federal1 ,state1 and local government agencies2 and 7,b7 public and private stakeholders and other interested parties1 including small entities1 regulated under each such program4 7g7 ,publication 7#a7 ,federal ,register notice ,not later than #c months after the completion of consultations with and solicitation of recommendations from ,state and local officials1 stakeholders1 and other interested parties under subsection 7b71 the ,secretary and the ,administrator shall publish for comment in the ,federal ,register-- 7,a7 the new proposed rule under subsection 7a72 7,b7 a description of the areas and issues where consensus was reached with the ,state and local officials consulted under this section2 and 7,c7 the report described in subsection 7f74 7#b7 ,duration of review ,the ,secretary and the ,administrator shall provide not fewer than #ahj days for the public to review and comment on-- 7,a7 the new proposed rule under subsection 7a72 7,b7 the accompanying economic analysis for the new proposed rule2 and 7,c7 the report described in subsection 7f74 7h7 ,procedural requirements ,subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act7 shall apply to the development and review of the new proposed rule under subsection 7a74 7i7 ,state and local officials defined ,in this section1 the term ,state and local officials means elected or professional ,state and local government officials or their representative regional or national organizations4 #d4 ,no additional authorization of appropriations ,no additional funds are authorized to be appropriated to carry out this ,act1 and this ,act shall be carried out using amounts otherwise available for such purpose4 #e4 ,effect on ,state permit programs 7a7 ,in general ,if the ,administrator of the ,environmental ,protection ,agency1 based on the proposed rule developed under section #c1 issues a final rule to define the term waters of the ,united ,states as used in the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 the ,administrator shall-- 7#a7 not later than #ij days after the date of issuance of the final rule1 review each permit program being administered by a ,state under section #djb1 #djd1 or #dje of that ,act 7#cc ,u4,s4,c4 #acdb1 #acdd1 or #acde7 to determine whether the permit program complies with the terms of the final rule2 and 7#b7 not later than #aj days after the date of completion of the review1 notify the ,state of-- 7,a7 the ,administrator's determination under paragraph 7#a72 and 7,b7 in any case in which the ,administrator determines that a permit program does not comply with the final rule1 the actions required to bring the permit program into compliance4 7b7 ,compliance period ,during the #b-year period beginning on the date on which the ,administrator provides notice to a ,state under subsection 7a77#b71 the ,administrator may not withdraw approval of a ,state permit program referred to in subsection 7a77#a7 on the basis that the permit program does not comply with the terms of a final rule described in subsection 7a74 7c7 ,limitation on statutory construction ,nothing in this section may be construed to limit or otherwise affect the authority of the ,administrator under the ,federal ,water ,pollution ,control ,act or any other provision of law-- 7#a7 to withdraw approval of a ,state permit program referred to in subsection 7a77#a71 except as specifically prohibited by subsection 7b72 or 7#b7 to disapprove a proposed permit under a ,state permit program referred to in subsection 7a74 ,passed the ,house of ,representatives ,may #ab1 #bjae4,karen ,l4 ,haas1,clerk