H.R. 1732House114th Congress (2015-2017)Passed House

Regulatory Integrity Protection Act of 2015

Introduced April 13, 2015

Legislative Activity

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30 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Environment and Public Works.

July 14, 2016

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HouseIntro Referral

Introduced in House

April 13, 2015

HouseIntro Referral

Referred to the House Committee on Transportation and Infrastructure.

April 13, 2015

HouseCommittee

Referred to the Subcommittee on Water Resources and Environment.

April 14, 2015

HouseCommittee

Subcommittee on Water Resources and Environment Discharged.

April 15, 2015

HouseCommittee

Committee Consideration and Mark-up Session Held.

April 15, 2015

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 36 - 22.

April 15, 2015

HouseCommittee

Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 114-93.

April 27, 2015

HouseCalendars

Placed on the Union Calendar, Calendar No. 66.

April 27, 2015

HouseFloor

Rules Committee Resolution H. Res. 231 Reported to House. Resolution provides for consideration of H.R. 1732, the conference report to accompany S. Con. Res. 11, and H.J. Res. 43.

April 29, 2015 • 8:32 PM

HouseFloor

Considered under the provisions of rule H. Res. 231. (consideration: CR H2827-2840; text of amendment in the nature of a substitute: CR H2836-2837)

May 12, 2015 • 4:02 PM

HouseFloor

Resolution provides for consideration of H.R. 1732, the conference report to accompany S. Con. Res. 11, and H.J. Res. 43.

May 12, 2015 • 4:02 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 231 and Rule XVIII.

May 12, 2015 • 4:03 PM

HouseFloor

The Speaker designated the Honorable David Young to act as Chairman of the Committee.

May 12, 2015 • 4:03 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1732. Pursuant to the provisions of H. Res. 231, the rule makes in order as original text for the purpose of amendment in the nature of a substitute consisting of the text Rules Committee Print 114-13 modified by the amendment printed in Part A of the Rules Committee report.

May 12, 2015 • 4:03 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 231, the Committee of the Whole proceeded with 10 minutes of debate on the Edwards Part B amendment no. 1.

May 12, 2015 • 5:01 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Edwards amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Ms. Edwards demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

May 12, 2015 • 5:12 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 231, the Committee of the Whole proceeded with 10 minutes of debate on the Kildee Part B amendment no. 2.

May 12, 2015 • 5:13 PM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1732.

May 12, 2015 • 5:20 PM

HouseFloor

Pursuant to clause 1(c) of rule 19, further consideration of H.R. 1732 was postponed.

May 12, 2015 • 5:20 PM

HouseFloor

Considered as unfinished business. (consideration: CR H2851-2854)

May 12, 2015 • 7:03 PM

HouseFloor

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

May 12, 2015 • 7:03 PM

HouseFloor

The previous question was ordered pursuant to the rule. (consideration: CR H2852)

May 12, 2015 • 7:12 PM

HouseFloor

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

May 12, 2015 • 7:12 PM

HouseFloor

Mr. Aguilar moved to recommit with instructions to the Committee on Transportation. (consideration: CR H2852-2853; text: CR H2852)

May 12, 2015 • 7:12 PM

HouseFloor

DEBATE - The House proceeded with ten minutes of debate on the Aguilar motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to direct the Secretary of the Army and the Administrator of the Environmental Protection Agency to protect the quality and integrity of surface waters and wetlands in the rulemaking required by the underlying bill. The agencies must: (1) safeguard public water supplies, including the Great Lakes and other areas affected by algal blooms; (2) mitigate against the drought in California and other western States; (3) preserve water for agricultural purposes, including irrigation; and (4) alleviate potential adverse impacts of flooding and coastal storms.

May 12, 2015 • 7:12 PM

HouseFloor

On motion to recommit with instructions Failed by the Yeas and Nays: 175 - 241 (Roll No. 218).

May 12, 2015 • 7:22 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 261 - 155 (Roll no. 219).

May 12, 2015 • 7:33 PM

HouseFloor

On passage Passed by recorded vote: 261 - 155 (Roll no. 219).

May 12, 2015 • 7:33 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 12, 2015 • 7:33 PM

SenateIntro Referral

Received in the Senate.

May 13, 2015

SenateIntro Referral

Read twice and referred to the Committee on Environment and Public Works.

July 14, 2016

Bill Text

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Referred in SenateIssued July 14, 2016

IIB

114th CONGRESS

2d Session

H. R. 1732

IN THE SENATE OF THE UNITED STATES

May 13, 2015

Received

July 14, 2016

Read twice and referred to the Committee on Environment and Public Works

AN ACT

To preserve existing rights and responsibilities with respect to waters of the United States, and for other purposes.

1.

Short title

This Act may be cited as the Regulatory Integrity Protection Act of 2015.

2.

Withdrawal of existing proposed rule

Not later than 30 days after the date of enactment of this Act, the Secretary of the Army and the Administrator of the Environmental Protection Agency shall withdraw the proposed rule described in the notice of proposed rule published in the Federal Register entitled Definition of Waters of the United States Under the Clean Water Act (79 Fed. Reg. 22188 (April 21, 2014)) and any final rule based on such proposed rule (including RIN 2040–AF30).

3.

Development of new proposed rule

(a)

In general

The Secretary of the Army and the Administrator of the Environmental Protection Agency shall develop a new proposed rule to define the term waters of the United States as used in the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

(b)

Development of new proposed rule

In developing the new proposed rule under subsection (a), the Secretary and the Administrator shall—

(1)

take into consideration the public comments received on—

(A)

the proposed rule referred to in section 2;

(B)

the accompanying economic analysis of the proposed rule entitled Economic Analysis of Proposed Revised Definition of Waters of the United States (dated March 2014); and

(C)

the report entitled Connectivity of Streams & Wetlands to Downstream Waters: A Review & Synthesis of Scientific Evidence (EPA/600/R–14/475F; dated January 2015);

(2)

jointly consult with and solicit advice and recommendations from representative State and local officials, stakeholders, and other interested parties on how to define the term waters of the United States as used in the Federal Water Pollution Control Act; and

(3)

prepare a regulatory proposal that will, consistent with applicable rulings of the United States Supreme Court, specifically identify those waters covered under, and those waters not covered under, the Federal Water Pollution Control Act—

(A)

taking into consideration—

(i)

the public comments referred to in paragraph (1); and

(ii)

the advice and recommendations made by the State and local officials, stakeholders, and other interested parties consulted under this section; and

(B)

incorporating the areas and issues where consensus was reached with the parties.

(c)

Federalism consultation requirements

As part of consulting with and soliciting advice and recommendations from State and local officials under subsection (b), the Secretary and the Administrator shall—

(1)

seek to reach consensus with the State and local officials on how to define the term waters of the United States as used in the Federal Water Pollution Control Act;

(2)

provide the State and local officials with notice and an opportunity to participate in the consultation process under subsection (b);

(3)

consult with State and local officials that represent a broad cross-section of regional, economic, policy, and geographic perspectives in the United States;

(4)

emphasize the importance of collaboration with and among the State and local officials;

(5)

allow for meaningful and timely input by the State and local officials;

(6)

recognize, preserve, and protect the primary rights and responsibilities of the States to protect water quality under the Federal Water Pollution Control Act, and to plan and control the development and use of land and water resources in the States;

(7)

protect the authorities of State and local governments and rights of private property owners over natural and manmade water features, including the continued recognition of Federal deference to State primacy in the development of water law, the governance of water rights, and the establishment of the legal system by which States mediate disputes over water use;

(8)

incorporate the advice and recommendations of the State and local officials regarding matters involving differences in State and local geography, hydrology, climate, legal frameworks, economies, priorities, and needs; and

(9)

ensure transparency in the consultation process, including promptly making accessible to the public all communications, records, and other documents of all meetings that are part of the consultation process.

(d)

Stakeholder consultation requirements

As part of consulting with and soliciting recommendations from stakeholders and other interested parties under subsection (b), the Secretary and the Administrator shall—

(1)

identify representatives of public and private stakeholders and other interested parties, including small entities (as defined in section 601 of title 5, United States Code), representing a broad cross-section of regional, economic, and geographic perspectives in the United States, which could potentially be affected, directly or indirectly, by the new proposed rule under subsection (a), for the purpose of obtaining advice and recommendations from those representatives about the potential adverse impacts of the new proposed rule and means for reducing such impacts in the new proposed rule; and

(2)

ensure transparency in the consultation process, including promptly making accessible to the public all communications, records, and other documents of all meetings that are part of the consultation process.

(e)

Timing of federalism and stakeholder consultation

Not later than 3 months after the date of enactment of this Act, the Secretary and the Administrator shall initiate consultations with State and local officials, stakeholders, and other interested parties under subsection (b).

(f)

Report

The Secretary and the Administrator shall prepare a report that—

(1)

identifies and responds to each of the public comments filed on—

(A)

the proposed rule referred to in section 2;

(B)

the accompanying economic analysis of the proposed rule entitled Economic Analysis of Proposed Revised Definition of Waters of the United States (dated March 2014); and

(C)

the report entitled Connectivity of Streams & Wetlands to Downstream Waters: A Review & Synthesis of Scientific Evidence (EPA/600/R–14/475F; dated January 2015);

(2)

provides a detailed explanation of how the new proposed rule under subsection (a) addresses the public comments referred to in paragraph (1);

(3)

describes in detail—

(A)

the advice and recommendations obtained from the State and local officials consulted under this section;

(B)

the areas and issues where consensus was reached with the State and local officials consulted under this section;

(C)

the areas and issues of continuing disagreement that resulted in the failure to reach consensus; and

(D)

the reasons for the continuing disagreements;

(4)

provides a detailed explanation of how the new proposed rule addresses the advice and recommendations provided by the State and local officials consulted under this section, including the areas and issues where consensus was reached with the State and local officials;

(5)

describes in detail—

(A)

the advice and recommendations obtained from the stakeholders and other interested parties, including small entities, consulted under this section about the potential adverse impacts of the new proposed rule and means for reducing such impacts in the new proposed rule; and

(B)

how the new proposed rule addresses such advice and recommendations;

(6)

provides a detailed explanation of how the new proposed rule—

(A)

recognizes, preserves, and protects the primary rights and responsibilities of the States to protect water quality and to plan and control the development and use of land and water resources in the States; and

(B)

is consistent with the applicable rulings of the United States Supreme Court regarding the scope of waters to be covered under the Federal Water Pollution Control Act; and

(7)

provides comprehensive regulatory and economic impact analyses, utilizing the latest data and other information, on how definitional changes in the new proposed rule will impact, directly or indirectly—

(A)

each program under the Federal Water Pollution Control Act for Federal, State, and local government agencies; and

(B)

public and private stakeholders and other interested parties, including small entities, regulated under each such program.

(g)

Publication

(1)

Federal Register notice

Not later than 3 months after the completion of consultations with and solicitation of recommendations from State and local officials, stakeholders, and other interested parties under subsection (b), the Secretary and the Administrator shall publish for comment in the Federal Register—

(A)

the new proposed rule under subsection (a);

(B)

a description of the areas and issues where consensus was reached with the State and local officials consulted under this section; and

(C)

the report described in subsection (f).

(2)

Duration of review

The Secretary and the Administrator shall provide not fewer than 180 days for the public to review and comment on—

(A)

the new proposed rule under subsection (a);

(B)

the accompanying economic analysis for the new proposed rule; and

(C)

the report described in subsection (f).

(h)

Procedural requirements

Subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act) shall apply to the development and review of the new proposed rule under subsection (a).

(i)

State and local officials defined

In this section, the term State and local officials means elected or professional State and local government officials or their representative regional or national organizations.

4.

No additional authorization of appropriations

No additional funds are authorized to be appropriated to carry out this Act, and this Act shall be carried out using amounts otherwise available for such purpose.

5.

Effect on State permit programs

(a)

In general

If the Administrator of the Environmental Protection Agency, based on the proposed rule developed under section 3, issues a final rule to define the term waters of the United States as used in the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Administrator shall—

(1)

not later than 90 days after the date of issuance of the final rule, review each permit program being administered by a State under section 402, 404, or 405 of that Act (33 U.S.C. 1342, 1344, or 1345) to determine whether the permit program complies with the terms of the final rule; and

(2)

not later than 10 days after the date of completion of the review, notify the State of—

(A)

the Administrator’s determination under paragraph (1); and

(B)

in any case in which the Administrator determines that a permit program does not comply with the final rule, the actions required to bring the permit program into compliance.

(b)

Compliance period

During the 2-year period beginning on the date on which the Administrator provides notice to a State under subsection (a)(2), the Administrator may not withdraw approval of a State permit program referred to in subsection (a)(1) on the basis that the permit program does not comply with the terms of a final rule described in subsection (a).

(c)

Limitation on statutory construction

Nothing in this section may be construed to limit or otherwise affect the authority of the Administrator under the Federal Water Pollution Control Act or any other provision of law—

(1)

to withdraw approval of a State permit program referred to in subsection (a)(1), except as specifically prohibited by subsection (b); or


(2)

to disapprove a proposed permit under a State permit program referred to in subsection (a).

Passed the House of Representatives May 12, 2015.

Karen L. Haas,

Clerk