,i #aafth ,,congress #ast ,session ,h4 ,r4 #ffg ,,in ,,the ,,house ,,of ,,representatives ,january #ag1 #bjai ,ms4 ,herrera ,beutler 7for herself and ,mr4 ,gibbs7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to repeal the ,waters of the ,united ,states rule and amend the ,federal ,water ,pollution ,control ,act definition of navigable waters1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,regulatory ,certainty for ,navigable ,waters ,act4 #b4 ,waters of the ,united ,states and navigable waters 7a7 ,,wotus repeal ,the final rule issued by the ,administrator of the ,environmental ,protection ,agency and the ,secretary of the ,army entitled ,clean ,water ,rule3 ,definition of ,waters of the ,united ,states 7#hj ,fed4 ,reg4 #cgjec 7,june #bi1 #bjae77 is repealed4 7b7 ,navigable waters definition ,section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb7 is amended by striking paragraph 7#g7 and inserting the following3 7#g7 ,navigable waters 7,a7 ,in general ,the term navigable waters means-- 7i7 the territorial seas2 7ii7 interstate waters which are presently used1 or are susceptible to use in their natural and ordinary condition1 as a means to transport interstate or foreign commerce2 7iii7 relatively permanent1 standing1 or continuously flowing bodies of water that form geographical features commonly known as streams1 rivers1 or lakes1 that flow directly into waters described in clause 7ii72 or 7iv7 wetlands that have a continuous surface water connection to waters described in clause 7ii7 or 7iii74 7,b7 ,exclusions ,the term navigable waters shall be limited to the waters described in subparagraph 7,a7 and does not include-- 7i7 intermittent or ephemeral waters2 7ii7 subsurface waters1 including ground water or underground streams2 7iii7 any water that by itself does not meet the definition in subparagraph 7,a72 7iv7 an intrastate water1 unless meeting the requirements of subparagraph 7,a72 7v7 a man-made channel or ditch1 including irrigation1 distribution1 and drainage systems2 7vi7 a water that does not meet the definition in subparagraph 7,a71 including a water that in the past could have been a water that meets the definition in subparagraph 7,a7 or a water that in the future could be a water that meets the definition in subparagraph 7,a72 7vii7 a water that requires the use of means beyond visual inspection by the naked eye1 including aerial photographs1 satellite imaging1 or hydrological testing1 to determine if it meets the definition in subparagraph 7,a72 7viii7 prior converted cropland2 or 7ix7 waste management systems1 including systems created in or with impounded waters described in subparagraph 7,a7 and all features and components of any system used to actively or passively retain1 reduce1 concentrate1 settle1 or remove pollutants from wastewater or stormwater1 including those that convey the pollutants into and out of the system4 7,c7 ,continuous surface water connection ,for purposes of this paragraph1 a continuous surface water connection is a connection with respect to which an ordinary person would not be able to visually determine by the naked eye1 by looking at the water surface1 where one body of water ends and the other begins4 7,d7 ,relatively permanent1 standing1 or continuously flowing ,for purposes of this paragraph1 a water is relatively permanent1 standing1 or continuously flowing if it has continuous flow for at least #bij days of the year1 except in cases of extreme events1 such as a drought4 7,e7 ,wetlands ,for purposes of this paragraph1 wetlands-- 7i7 are areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support1 and that under normal circumstances do support1 a prevalence of vegetation typically adapted for life in saturated soil conditions2 and 7ii7 include swamps1 marshes1 bogs1 and similar areas4 7,f7 ,prior converted cropland ,for purposes of this paragraph1 the term prior converted cropland-- 7i7 means areas that1 prior to ,december #bc1 #aihe1 were drained or otherwise manipulated for the purpose1 or having the effect1 of making an agricultural product possible1 and that are inundated for no more than #ad consecutive days during the growing season2 and 7ii7 includes agricultural drainage features1 including ditches and conveyances1 that are the means by which the original conversion from wetlands to cropland took place and that are integral to the continued production of agricultural products by providing drainage or irrigation to maintain productive growing conditions4 7,g7 ,jurisdictional determination ,the ,secretary of the ,army1 at his cost1 shall provide a binding determination upon the request of a permit applicant1 landowner1 or other affected person with an identifiable and substantial legal interest in a property1 to determine whether a water is a navigable water under clause 7iv7 of subparagraph 7,a74 ,the review process shall not exceed #fj days1 beginning on the date of receipt of a written request from the affected person4 ,if no determination has been made within the #fj-;day review period1 the water shall not be considered a navigable water4 ,a determination that a water is not a navigable water1 or a failure to provide a determination1 shall be binding on both the ,secretary and the ,administrator for as long as the person has an identifiable and substantial legal interest in the property4 ,if a determination is made that a water is a navigable water1 the determination shall be binding for a period of no longer than #e years4 ,the affected person may obtain expedited judicial review not later than #cj days after the date on which the determination is made in a district court of the ,united ,states1 of appropriate jurisdiction and venue1 which is located within the ,state of the affected person seeking the review4 4