Preserve the Waters of the United States Act

Preserve the Waters of the United States Act - Prohibits the Secretary of the Army and the Administrator of the Environmental Protection Agency (EPA) from: (1) finalizing 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"; or (2) using such guidance, or any substantially similar guidance, as the basis for any decision regarding the scope of the Federal Water Pollution Control Act (commonly known as the Clean Water Act) or any rulemaking. Provides that the use of such guidance as the basis for any rule shall be grounds for vacation of such rule.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2245 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2245

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


_______________________________________________________________________


                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserve the Waters of the United 
States Act''.

SEC. 2. 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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