Sec. 2. Findings
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Congress finds that— in section 101(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1251(b) ), Congress adopted the principle of cooperative federalism, recognizing that [i]t is the policy of the Congress to recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution, to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, and to consult with the Administrator in the exercise of his authority under this Act ; adequate consultation with States and local governments and affected entities is necessary— to ensure that Federal departments and agencies understand the scope and impacts of regulatory proposals; to maintain the cooperative federalism foundation of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); and to respect the limits on Federal authority;
States have robust water quality protection programs capable of greater regulatory controls on waters not covered by Federal jurisdiction; and an exclusion of waters from Federal jurisdiction does not mean that excluded waters will be exempt from regulation and protection, but rather, it recognizes the limits of Federal jurisdiction under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) and the primary role of States in protecting State waters; and subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ), requires each agency to provide notice and an opportunity to comment regarding— information, including scientific and technical findings, on which the agency relies in taking a regulatory action; and definitions, exclusions, and standards that determine the limits of Federal regulation.
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