II
112th CONGRESS
2d Session
S. 2245
IN THE SENATE OF THE UNITED STATES
March 28, 2012
Mr. Barrasso (for himself, Mr. Inhofe, Mr. Sessions, Mr. Heller, Mr. Vitter, Mr. Boozman, Mr. Crapo, Mr. McConnell, Mr. Roberts, Mr. Wicker, Mr. Risch, Mr. Grassley, Mr. Cornyn, Mr. Coburn, Mr. Thune, Mr. Lugar, Mr. Blunt, Mr. Rubio, Mr. Enzi, Mr. Kyl, Mr. Toomey, Mr. Coats, Mr. Paul, Mr. Johanns, Mr. Chambliss, Mr. Hoeven, Mr. Moran, Mr. Isakson, Mr. Johnson of Wisconsin, and Mr. Cochran) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
A BILL
To preserve existing rights and responsibilities with respect to waters of the United States.
Short title
This Act may be cited as the
Preserve the Waters of the United
States Act
.
Identification of waters protected by the Clean Water Act
In general
Neither the Secretary of the Army nor the Administrator of the Environmental Protection Agency shall—
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
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.
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.