S.Amdt. 3101

SA 3101. Mr. COTTON submitted an amendment intended to be proposed by
him to the bill H.R. 2, to provide for the reform and continuation of
agricultural and other programs of the Department of Agriculture
through fiscal year 2023, and for other purposes; which was ordered to
lie on the table; as follows:

At the end of subtitle E of title XII, add the following:

SEC. 125__. WATERS OF THE UNITED STATES.

(a) Waters of the United States Rule Termination.--The
final rule issued by the Administrator of the Environmental
Protection Agency and the Secretary of the Army entitled
``Clean Water Rule: Definition of `Waters of the United
States' '' (80 Fed. Reg. 37054 (June 29, 2015)) is void.
(b) Navigable Waters Definition.--Section 502 of the
Federal Water Pollution Control Act (33 U.S.C. 1362) is
amended by striking paragraph (7) and inserting the
following:
``(7) Navigable waters.--
``(A) In general.--The term `navigable waters' means--
``(i) waters that are used, were used before the date of
enactment of the Agriculture Improvement Act of 2018, or are
susceptible to use in the natural and ordinary condition of
those waters, as a means to transport interstate or foreign
commerce, including all waters that are subject to the ebb
and flow of the tide;
``(ii) interstate waters, including interstate wetlands;
``(iii) other waters, such as intrastate lakes, rivers,
streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows,
playa lakes, or natural ponds, the use, degradation, or
destruction of which could affect interstate or foreign
commerce, including any waters--

``(I) which are or could be used by interstate or foreign
travelers for recreational or other purposes;
``(II) from which fish or shellfish are or could be taken
and sold in interstate or foreign commerce; and
``(III) which are used or could be used for industrial
purposes by industries in interstate commerce;

``(iv) any impoundment of waters described under this
subparagraph;
``(v) tributaries of waters described in clauses (i)
through (iv);
``(vi) the territorial sea; and
``(vii) wetlands adjacent to waters (other than waters that
are wetlands) described in clauses (i) through (vi),
including wetlands separated from other waters through
objects such as--

``(I) manmade dikes or barriers;
``(II) natural river berms; or
``(III) beach dunes.

``(B) Exclusions.--The term `navigable waters' does not
include--
``(i) waste treatment systems, including treatment ponds or
lagoons designed to meet the requirements of this Act (other
than a cooling pond that meets the requirements under
subparagraph (A)); and
``(ii) prior converted cropland.
``(C) Associated definitions.--For the purposes of this
paragraph:
``(i) Adjacent.--The term `adjacent' means bordering,
contiguous, or neighboring.
``(ii) Territorial seas.--The term `territorial sea' means
the belt of the sea measured from the baseline, as determined
in accordance with the Convention on the Territorial Sea and
the Contiguous Zone (15 UST 1606; TIAS 5639).
``(iii) Wetlands.--

``(I) In general.--The term `wetlands' means areas that are
inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that under
normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
``(II) Inclusion.--The term `wetlands' includes swamps,
marshes, bogs, and similar areas.''.

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