To preserve existing rights and responsibilities with respect to waters of the United States.

SA 868. Mr. BARRASSO (for himself, Mr. Sessions, Mr. Vitter, Mr.
Crapo, Mrs. Fischer, Mr. Wicker, and Mr. Johanns) submitted an
amendment intended to be proposed by him to the bill S. 601, to provide
for the conservation and development of water and related resources, to
authorize the Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and for other
purposes; which was ordered to lie on the table; as follows:

On page 452, between lines 14 and 15, insert the following:

SEC. 2055. IDENTIFICATION OF WATERS PROTECTED BY THE CLEAN
WATER ACT.

(a) In General.--Neither the Secretary of the Army nor the
Administrator of the Environmental Protection Agency shall--
(1) finalize the proposed guidance described in the notice
of availability and request for comments entitled ``EPA and
Army Corps of Engineers Guidance Regarding Identification of
Waters Protected by the Clean Water Act'' (EPA-HQ-OW-2011-
0409) (76 Fed. Reg. 24479 (May 2, 2011)); or
(2) use the guidance described in paragraph (1), or any
substantially similar guidance, as the basis for any decision
regarding the scope of the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) or any rulemaking.
(b) Rules.--The use of the guidance described in subsection
(a)(1), or any substantially similar guidance, as the basis
for any rule shall be grounds for vacation of the rule.
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