,,ii  #aadth ,,congress  #ast ,session  
,s4 #aagh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #cj1    
#bjae ,mr4 ,flake 7for himself1 ,mr4    
,mc,cain1 and ,mrs4 ,fischer7 introduced
 the following bill2 which was read     
twice and referred to the ,committee on 
,environment and ,public ,works  ,a     
,,bill  ,to prohibit implementation of a
 proposed rule relating to the          
definition of the term waters of the    
,united ,states under the ,clean ,water 
,act1 or any substantially similar rule1
 until a ,supplemental ,scientific      
,review ,panel and ,ephemeral and       
,intermittent ,streams ,advisory        
,committee produce certain reports1 and 
for other purposes4  #a4 ,short title   
,this ,act may be cited as the          
,defending ,rivers from ,overreaching   
,policies ,act of #bjae4  #b4 ,waters of
 the ,united ,states  7a7 ,findings     
,congress finds that--  7#a7 according  
to the testimony of ,assistant          
,secretary of the ,army for ,civil      

,works ,jo-,ellen ,darcy at the ,house  
of ,representatives and ,senate ,joint  
,hearing on ,state and ,local ,impacts  
of the ,administration's ,proposed      
,expansion of ,waters ,regulation on    
,february #d1 #bjae1 that proposed      
expansion of waters regulation is based 
on science including a peer-reviewed    
report on connectivity and the          
recommendations of ,,epa's ,science     
,advisory ,board2  7#b7 the proposed    
rule entitled ,definition of ,waters of 
the ,united ,states ,under the ,clean   
,water ,act 7#gi ,fed4 ,reg4 #bbahh     
7,april #ba1 #bjad771 was drafted before
 the science on which the proposed rule 
was based had been reviewed by the      
,scientific ,advisory ,board of the     
,environmental ,protection ,agency2     
7#c7 the final review and synthesis of  
the scientific evidence was released in 
,january #bjae1 #b months after the     
close of the public comment period for  
the proposed rule2  7#d7 the review and 
synthesis of the scientific evidence    

found that the degree and downstream    
effects of those connections between    
parts of a watershed vary spatially and 
temporally and the connectivity of      
streams and wetlands to downstream      
waters occurs along a continuum2  7#e7  
the authors of the review and synthesis 
were unable to place the water bodies in
 the case studies along a gradient of   
connectivity and reported that the      
research community has not reached a    
consensus regarding the best methods or 
metrics to quantify or predict          
hydrologic or chemical connectivity2    
7#f7 without a scientific basis for     
evaluating the degree of connectivity   
between a particular stream and a       
traditionally navigable water1 it is    
premature to use the scientific         
literature to define which connections  
are significant2  7#g7 because the      
analysis of the relevant science was    
completed after the proposed rule       
described in paragraph 7#b7 was drafted1
 and because the scientific review      

failed to produce a method to assess the
 location of a particular water body on 
a gradient of connectivity1 the         
resulting proposed rule is not          
effectively based on science2 and  7#h7 
because the likely cost of              
implementation of that proposed rule    
will be greater than the #afb1jjj1jjj to
 #bgh1jjj1jjj cited in the testimony of 
,administrator of the ,environmental    
,protection ,agency ,gina ,mc,carthy at 
the ,house of ,representatives and      
,senate joint hearing described in      
paragraph 7#a71 the proposal will have  
significant impacts on many sectors of  
the ,united ,states economy4  7b7       
,definitions ,in this section3 7#a7     
,administrator ,the term ,administrator 
means the ,administrator of the         
,environmental ,protection ,agency4     
7#b7 ,commission ,the term ,commission  
means the ,commission established under 
subsection 7d77#a74  7#c7 ,panel ,the   
term ,panel means the ,panel established
 under subsection 7c77#a74  7#d7        

,proposed rule ,the term proposed rule  
means the proposed rule entitled        
,definition of ,waters of the ,united   
,states ,under the ,clean ,water ,act   
7#gi ,fed4 ,reg4 #bbahh 7,april #ba1    
#bjad774  7#e7 ,secretary ,the term     
,secretary means the ,secretary of the  
,army1 acting through the ,chief of     
,engineers4  7c7 ,supplemental          
,scientific ,review ,panel  7#a7        
,establishment ,the ,secretary and the  
,administrator shall establish a panel1 
to be known as the ,supplemental        
,scientific ,review ,panel1 to submit to
 the ,secretary and the ,administrator  
recommendations regarding metrics1 based
 on the best available scientific       
information1 to quantify the degree of  
connectivity between any body of water  
or wetland and a traditionally navigable
 water4  7#b7 ,membership  7,a7 ,in     
general ,the ,panel shall be composed of
 #i members1 of whom-- 7i7 #b shall be  
appointed by the ,majority ,leader of   
the ,senate2  7ii7 #b shall be appointed

 by the ,minority ,leader of the        
,senate2  7iii7 #b shall be appointed by
 the ,speaker of the ,house of          
,representatives2  7iv7 #b shall be     
appointed by the ,minority ,leader of   
the ,house of ,representatives2 and  7v7
 #a shall be appointed by the ,president
 of the ,national ,academy of           
,engineering4  7,b7 ,date of            
appointments ,the appointment of a      
member of the ,panel shall be made not  
later than #de days after the date of   
enactment of this ,act4  7,c7           
,qualifications ,each member of the     
,panel shall be appointed from among    
individuals who possess-- 7i7 expertise 
in a field of the biogeosciences1 such  
as hydrology1 ecology1 or geomorphology2
  7ii7 7,i7 academic excellence1 as     
determined in accordance with criteria  
including peer-reviewed journal         
publications and invited academic       
conference presentations2 or  7,,ii7    
practical expertise demonstrated by a   
record of employment as a professional  

with equivalent experience as an        
academic scientist2 and  7iii7          
experience regarding collecting and     
interpreting field measurements of      
streams and wetlands4  7,d7 ,requirement
 ,in appointing members of the ,panel1  
each appointing officer referred to in  
subparagraph 7,a7 shall ensure that the 
,panel includes balanced representation 
of research expertise across all ,level 
,i ecoregions 7as defined in section    
,,iii of the #aiig publication of the   
,commission for ,environmental          
,cooperation publication entitled       
,ecological ,regions of ,north ,america 
,toward a ,common ,perspective74  7,e7  
,chairperson ,at the first meeting of   
the ,panel1 a majority of the members of
 the ,panel present and voting shall    
elect the ,chairperson of the ,panel    
from among the members of the ,panel4   
7,f7 ,vacancies ,a vacancy on the       
,panel--  7i7 shall not affect the      
powers of the ,panel2 and  7ii7 shall be
 filled in the same manner as the       

original appointment was made4  7,g7    
,compensation  7i7 ,in general ,a member
 of the ,panel-- 7,i7 shall not be      
considered to be a ,federal employee for
 any purpose by reason of service on the
 ,panel2 and  7,,ii7 shall serve without
 pay4  7ii7 ,travel expenses ,a member  
of the ,panel shall be allowed travel   
expenses1 including per diem in lieu of 
subsistence1 at rates authorized for an 
employee of an agency under subchapter  
,i of chapter #eg of title #e1 ,united  
,states ,code1 while away from the home 
or regular place of business of the     
member in the performance of the duties 
of the ,panel4  7,h7 ,initial meeting   
,the ,panel shall hold the initial      
meeting of the ,panel by not later than 
#ij days after the date of enactment of 
this ,act4  7,i7 ,meetings ,the ,panel  
shall meet at the call of a majority of 
the members of the ,panel4  7,j7 ,quorum
 ,of the members of the ,panel1 #e shall
 constitute a quorum4  7,k7 ,rules of   
procedure ,the ,panel may establish     

rules for the conduct of business of the
 ,panel1 subject to the condition that  
those rules shall not be inconsistent   
with this ,act or any other applicable  
law4  7#c7 ,duties ,the ,panel shall--  
7,a7 recommend metrics1 based on the    
best available scientific information   
and considering the duration1 magnitude1
 and frequency of flows1 to quantify the
 degree of connectivity between any body
 of water or wetland and a traditionally
 navigable water2  7,b7 ensure the      
recommended metrics account for regional
 variability in all types of waterbodies
 and across all ,states1 the ,district  
of ,columbia1 ,puerto ,rico1 and other  
territories and possessions of the      
,united ,states2 and  7,c7 not later    
than #a year after the date on which the
 ,panel first convenes1 submit to the   
,secretary and ,administrator a report  
describing each recommendation of the   
,panel to which not fewer than #f       
members have agreed4  7#d7              
,administrative support  7,a7 ,in       

general ,the ,secretary and the         
,administrator shall provide to the     
,panel such staff and administrative    
services as may be necessary and        
appropriate for the ,panel to perform   
the duties under paragraph 7#c74  7,b7  
,detail of ,federal ,government         
employees  7i7 ,in general ,an employee 
of the ,federal ,government may be      
detailed to the ,panel without          
reimbursement4  7ii7 ,civil service     
status ,the detail of the employee shall
 be without interruption or loss of     
civil service status or privilege4  7#e7
 ,funding ,the ,secretary and the       
,administrator shall provide to the     
,panel such funds as the ,secretary and 
the ,administrator determine to be      
appropriate from amounts made available 
to the ,secretary and the ,administrator
 in appropriations ,acts4  7#f7         
,termination ,the ,panel shall terminate
 on the earlier of-- 7,a7 the date that 
is #ahj days after the date on which the
 report is submitted under paragraph    

7#c77;,c72 and  7,b7 the date that is #b
 years after the date of enactment of   
this ,act4  7#g7 ,applicability of      
,federal ,advisory ,committee ,act  7,a7
 ,in general ,the ,federal ,advisory    
,committee ,act 7#e ,u4,s4,c4 ,app47    
shall apply to the ,panel4  7,b7 ,public
 meetings and release of public versions
 of reports ,the ,panel shall-- 7i7 hold
 public hearings and meetings to the    
extent appropriate2 and  7ii7 release   
public versions of the report required  
under paragraph 7#c77;,c74  7,c7 ,public
 hearings ,any public hearings of the   
,panel shall be conducted in a manner   
consistent with the protection of       
information provided to or developed for
 or by the ,panel as required by any    
applicable law1 regulation1 or          
,executive order4  7d7 ,ephemeral and   
,intermittent ,streams ,advisory        
,commission  7#a7 ,establishment ,the   
,secretary and the ,administrator shall 
establish a commission1 to be known as  
the ,ephemeral and ,intermittent        

,streams ,advisory ,commission1 to      
develop criteria to define whether a    
waterbody or wetland has a significant  
nexus to a traditional navigable water  
using the metrics developed by the      
,panel4  7#b7 ,membership  7,a7 ,in     
general ,the ,commission shall be       
composed of #ae members1 of whom-- 7i7  
#b shall be appointed by the ,majority  
,leader of the ,senate2  7ii7 #b shall  
be appointed by the ,minority ,leader of
 the ,senate2  7iii7 #b shall be        
appointed by the ,speaker of the ,house 
of ,representatives2  7iv7 #b shall be  
appointed by the ,minority ,leader of   
the ,house of ,representatives2 and  7v7
 #g shall be appointed jointly by the   
,administrator and the ,secretary4  7,b7
 ,date of appointments ,the appointment 
of a member of the ,commission shall be 
made not later than the date that is #de
 days after the date on which the report
 of the ,panel is submitted under       
subsection 7c77#c77;,c74  7,c7          
,qualifications ,each member of the     

,commission shall be appointed from     
among individuals who possess-- 7i7     
experience regarding the permitting     
process under the ,federal ,water       
,pollution ,control ,act 7#cc ,u4,s4,c4 
#abea et seq472  7ii7 experience serving
 on the ,panel2 or  7iii7 7,i7 expertise
 in a field of the biogeosciences1 such 
as hydrology1 ecology1 or geomorphology2
 and  7,,ii7 academic excellence1 as    
determined in accordance with criteria  
including peer-reviewed journal         
publications and invited academic       
conference presentations4  7,d7         
,requirements ,in appointing members of 
the ,commission1 each appointing officer
 referred to in subparagraph 7,a7 shall 
ensure that the ,commission includes--  
7i7 balanced representation of research 
expertise across all ,level ,i          
ecoregions 7as defined in section ,,iii 
of the #aiig publication of the         
,commission for ,environmental          
,cooperation publication entitled       
,ecological ,regions of ,north ,america 

,toward a ,common ,perspective72 and    
7ii7 equal representation of the        
following groups3 7,i7 ,individuals who 
represent--  7aa7 the interests of      
builders and developers2  7bb7          
agricultural interests2  7cc7 energy and
 mineral development2 or  7dd7 the      
commercial timber industry4  7,,ii7     
,individuals who represent-- 7aa7       
nationally or regionally recognized     
environmental organizations2  7bb7      
sport1 recreational1 and commercial     
fishing interests2  7cc7 sportsman's    
organizations2 or  7dd7 municipal water 
supply interests4  7,,iii7 ,individuals 
who--  7aa7 hold a ,state1 county1 or   
local elected office2  7bb7 are employed
 by a ,state agency responsible for the 
management of the environment or natural
 interests2 or  7cc7 represent the      
affected public at-large4  7,e7         
,chairperson ,at the first meeting of   
the ,commission1 a majority of the      
members of the ,commission present and  
voting shall elect the ,chairperson of  

the ,commission from among the members  
of the ,commission4  7,f7 ,vacancies ,a 
vacancy on the ,commission--  7i7 shall 
not affect the powers of the            
,commission2 and  7ii7 shall be filled  
in the same manner as the original      
appointment was made4  7,g7             
,compensation  7i7 ,in general ,a member
 of the ,commission-- 7,i7 shall not be 
considered to be a ,federal employee for
 any purpose by reason of service on the
 ,commission2 and  7,,ii7 shall serve   
without pay4  7ii7 ,travel expenses ,a  
member of the ,commission shall be      
allowed travel expenses1 including per  
diem in lieu of subsistence1 at rates   
authorized for an employee of an agency 
under subchapter ,i of chapter #eg of   
title #e1 ,united ,states ,code1 while  
away from the home or regular place of  
business of the member in the           
performance of the duties of the        
,commission4  7,h7 ,initial meeting ,the
 ,commission shall hold the initial     
meeting of the ,commission not earlier  

than the date on which the report of the
 ,panel is submitted under subsection   
7c77#c77;,c74  7,i7 ,meetings ,the      
,commission shall meet at the call of a 
majority of the members of the          
,commission4  7,j7 ,quorum ,of the      
members of the ,commission1 #i shall    
constitute a quorum4  7,k7 ,rules of    
procedure ,the ,commission may establish
 rules for the conduct of business of   
the ,commission1 subject to the         
condition that those rules shall not be 
inconsistent with this ,act or any other
 applicable law4  7#c7 ,duties ,the     
,commission shall-- 7,a7 develop        
criteria to define whether a waterbody  
or wetland has a significant nexus to   
traditional navigable water using the   
metrics developed by the ,panel2  7,b7  
ensure those criteria account for       
regional variability in all types of    
waterbodies and wetlands and across all 
,states1 the ,district of ,columbia1    
,puerto ,rico1 and other territories and
 possessions of the ,united ,states2    

7,c7 not later than #ahj days after the 
date on which the ,commission holds the 
initial meeting under paragraph         
7#b77;,h71 submit to the ,secretary and 
the ,administrator a draft report that--
  7i7 describes the criteria developed  
by the ,commission2 and  7ii7 is subject
 to a #fj-;day period for public        
comment2 and  7,d7 after addressing the 
comments received during the #fj-;day   
comment period under subparagraph       
7,c77ii71 submit to the ,secretary and  
the ,administrator a final report4  7#d7
 ,administrative support  7,a7 ,in      
general ,the ,secretary and the         
,administrator shall provide to the     
,commission such staff and              
administrative services as may be       
necessary and appropriate for the       
,commission to perform the duties under 
paragraph 7#c74  7,b7 ,detail of        
,federal ,government employees  7i7 ,in 
general ,an employee of the ,federal    
,government may be detailed to the      
,commission without reimbursement4  7ii7

 ,civil service status ,the detail of   
the employee shall be without           
interruption or loss of civil service   
status or privilege4  7#e7 ,funding ,the
 ,secretary and the ,administrator shall
 provide to the ,commission such funds  
as the ,secretary and the ,administrator
 determine to be appropriate from       
amounts made available to the ,secretary
 and the ,administrator in              
appropriations ,acts4  7#f7 ,termination
 ,the ,commission shall terminate on the
 earlier of-- 7,a7 the date that is #ahj
 days after the date on which the final 
report is submitted under paragraph     
7#c77;,d72 and  7,b7 the date that is #c
 years after the date of enactment of   
this ,act4  7#g7 ,applicability of      
,federal ,advisory ,committee ,act  7,a7
 ,in general ,the ,federal ,advisory    
,committee ,act 7#e ,u4,s4,c4 ,app47    
shall apply to the ,commission4  7,b7   
,public meetings and release of public  
versions of reports ,the ,commission    
shall-- 7i7 hold public hearings and    

meetings to the extent appropriate2 and 
7ii7 release public versions of the     
reports required under subparagraphs    
7,c7 and 7,d7 of paragraph 7#c74  7,c7  
,public hearings ,any public hearings of
 the ,commission shall be conducted in a
 manner consistent with the protection  
of information provided to or developed 
for or by the ,commission as required by
 any applicable law1 regulation1 or     
,executive order4  7e7 ,prohibition ,the
 ,secretary and the ,administrator are  
prohibited from developing1 finalizing1 
adopting1 implementing1 applying1       
administering1 or enforcing the proposed
 rule or beginning the drafting of any  
substantially similar rule until the    
date on which the ,secretary and the    
,administrator receive a final report   
from the ,commission under subsection   
7d77#c77;,d74