,,ii #aafth ,,congress #ast ,session ,s4 #bcef ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjai,mr4 ,braun 7for himself and ,ms4 ,ernst7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to provide a definition of navigable waters1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,define ,,wotus ,act of #bjai4 #b4 ,waters of the ,united ,states and navigable waters 7a7 ,waters of the ,united ,states rule 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 #cgjed 7,june #bi1 #bjae77 is void4 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 that are used1 or are susceptible to use in the natural and ordinary condition of those waters1 as a means in transport of 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 and 7iv7 wetlands that are adjacent to and have a continuous surface water connection to waters described in clause 7ii7 or 7iii74 7,b7 ,exclusions ,the term navigable waters does not include-- 7i7 intermittent or ephemeral waters1 including features that flow only in response to precipitation or melt from snowpack2 7ii7 subsurface waters1 such as groundwater or underground streams1 including subsurface waters drained through subsurface drainage systems1 such as drain tiling2 7iii7 intrastate waters1 unless the waters meet the requirements described in subparagraph 7,a72 7iv7 a man-made channel or ditch1 including irrigation1 distribution1 and drainage systems2 7v7 prior converted cropland2 7vi7 artificially irrigated areas2 7vii7 artificial lakes and ponds constructed in upland2 7viii7 water-filled depressions created in upland1 including water-filled depressions incidental to mining or construction activity2 7ix7 stormwater control features excavated or constructed in upland to convey1 treat1 infiltrate1 or store stormwater runoff2 7x7 wastewater recycling structures constructed in upland2 7xi7 waste treatment systems2 7xii7 waters that require the use of means beyond visual inspection by the naked eye1 including aerial photographs1 satellite imaging1 or hydrological testing1 to determine if the waters meets the requirements described in subparagraph 7,a72 or 7xiii7 any other waters that do not meet the requirements under subparagraph 7,a71 without regard to whether the water-- 7,i7 previously met or would have met those requirements2 or 7,,ii7 may in the future meet those requirements4 7,c7 ,associated definitions ,for the purposes of this paragraph3 7i7 ,continuous surface water connection ,the term continuous surface water connection means 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 #a body of water ends and the other begins4 7ii7 ,relatively permanent1 standing1 or continuously flowing bodies of water ,the term relatively permanent1 standing1 or continuously flowing bodies of water means waters that1 except in cases of extreme events 7such as a drought7-- 7,i7 stand or have continuous flow for not less than #ahe days each year2 and 7,,ii7 exhibit a bed and banks4 4 7c7 ,jurisdictional determination ,title ,v of the ,federal ,water ,pollution ,control ,act is amended-- 7#a7 by redesignating section #ebj 7#cc ,u4,s4,c4 #abea note7 as section #eba2 and 7#b7 by inserting after section #eai 7#cc ,u4,s4,c4 #acgg;a7 the following3 #ebj4 ,jurisdictional determinations 7a7 ,definitions ,in this section3 7#a7 ,affected person ,the term affected person means an applicant for a permit under section #djd1 landowner1 or other affected person with an identifiable and substantial legal interest in a property4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,army4 7b7 ,binding determination ,on written request of an affected person1 the ,secretary shall provide a binding determination of whether the waters on the property of the affected person are navigable waters that meet the requirements described in section #ejb7g77;,a77iv74 7c7 ,costs ,a determination of the ,secretary under subsection 7b7 shall be made at the cost of the ,secretary4 7d7 ,timing 7#a7 ,in general ,the ,secretary shall make a determination under subsection 7b7 not later than #fj days after the date on which the ,secretary receives a written request from an affected person4 7#b7 ,effect of nonresponse ,if the ,secretary does not make a determination by the end of the period described in paragraph 7#a71 the waters on the property of the affected person shall not be considered to be navigable waters4 7e7 ,term of determination 7#a7 ,finding of navigable waters ,if the ,secretary determines under subsection 7b7 that the waters on the property of the affected person are navigable waters1 the determination shall be binding on the ,secretary and the ,administrator for a period to be determined by the ,secretary1 but in any case not longer than #e years after the date of the determination4 7#b7 ,finding of nonnavigable waters ,if the ,secretary determines under subsection 7b7 that the waters on the property of the affected person are not navigable waters1 the determination shall be binding on the ,secretary and the ,administrator for as long as the affected person has an identifiable and substantial legal interest in the property4 7f7 ,judicial review 7#a7 ,in general ,an affected person may obtain expedited judicial review of a determination of the ,secretary under subsection 7b74 7#b7 ,timing ,to obtain expedited judicial review under paragraph 7#a71 the affected person shall submit a claim under that paragraph not later than #cj days after the date on which the ,secretary makes the determination under subsection 7b74 7#c7 ,jurisdiction ,a district court of the ,united ,states with appropriate venue for the ,state in which the affected person resides or in which a substantial part of the property of the affected person is located shall have jurisdiction over an action under this subsection4 4