Sec. 2. Navigable waters
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Section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ) is amended by striking paragraph
(7)and inserting the following: The term navigable waters means the waters of the United States, including the territorial seas, that are— navigable-in-fact; or permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. The term navigable waters does not include (including by regulation)— waters that— do not physically abut waters described in subparagraph (A); and lack a continuous surface water connection to navigable waters; man-made or natural structures or channels— through which water flows intermittently or ephemerally; or that periodically provide drainage for rainfall; or wetlands without a continuous surface connection to bodies of water that are waters of the United States. . Title V of the Federal Water Pollution Control Act ( 33 U.S.C. 1361 et seq.) is amended— by redesignating section 519 as section 520; and by inserting after section 518 the following: An activity carried out by the Administrator or the Corps of Engineers shall not, without explicit State authorization, impinge upon the traditional and primary power of States over land and water use. Aggregation of wetlands or waters not described in clauses
(i)through
(iii)of section 502(7)(B) shall not be used to determine or assert Federal jurisdiction. Wetlands described in section 502(7)(B)(iii) shall not be considered to be under Federal jurisdiction. If a jurisdictional determination by the Administrator or the Secretary of the Army would affect the ability of a State or individual property owner to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, the State or individual property owner may obtain expedited judicial review not later than 30 days after the date on which the determination is made in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. Ground water shall— be considered to be State water; and not be considered in determining or asserting Federal jurisdiction over isolated or other waters, including intermittent or ephemeral water bodies. Notwithstanding any other provision of law, the Administrator may not use a significant nexus test (as used by the Administrator in the final rule described in section 3(a)(2) of the Defense of Environment and Property Act of 2019 ) to determine Federal jurisdiction over navigable waters and waters of the United States. . Nothing in this section or the amendments made by this section affects or alters any exemption under— section 402(l) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(l) ); or section 404(f) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(f) ).
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