Sec. 4. Protected water resources
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Section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ) is amended— by amending paragraph
(7)to read as follows: The term protected water resources means all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters (and their tributaries), including lakes, rivers, streams (including intermittent and ephemeral streams), wetlands, and all impoundments of the foregoing, to the fullest extent that these waters are subject to the legislative power of Congress under the Constitution. The term protected water resources does not include— any category of water body or feature listed in paragraphs
(1)through
(8)of section 120.2(b) of title 40, Code of Federal Regulations, as in effect on March 20, 2023; or any other category of water body or feature excluded by the Administrator in accordance with subparagraph (C). Not later than 1 year after the date of enactment of the Clean Water Act of 2023 , and periodically thereafter, the Administrator shall, by rule, review the categories of water body or feature excluded under subparagraph
(B)to determine, based on the best available scientific evidence, whether the implementation of such exclusions, or any individual exclusion, has a significant cumulative adverse effect on— the chemical, physical, or biological integrity of— the waters described in subparagraph (A); or surface waters, other than those described in subparagraph (A), that are sources of water for public water systems, as such term is defined in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f ); environmental justice communities; or water resources described in section 518(e)(2). If the Administrator determines under clause
(i)that the implementation of the exclusions, or any individual exclusion, under subparagraph
(B)has a significant adverse effect described in clause (i), the Administrator shall, by rule and concurrent with such determination— modify the category of water body or feature so excluded to ensure that, based on the best available scientific evidence, the implementation of such category will not have a significant cumulative adverse effect described in clause (i); or remove such category. The Administrator may, by rule, exclude an additional category of water body or feature under subparagraph
(B)if the Administrator determines, based on the best available scientific evidence, that the implementation of such additional exclusion will not have a significant cumulative adverse effect described in clause (i). ; and by adding at the end the following: The term wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. . The Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) is amended— in sections 101, 102, 104, 106, 208, 301, 302, 303, 304, 319, 401, 404, 405, and 511(c), by striking navigable waters each place it appears and inserting protected water resources ; in section 303(c)— in paragraph (2)(A), by striking such waters and inserting such protected water resources ; and in paragraph (4)(A), by striking such waters and inserting such protected water resources ; in section 304( l )(1) by striking in the heading and inserting navigable waters ; protected water resources in section 305— in subsection (a), by striking navigable waters each place it appears and inserting protected water resources ; and in subsection (b)(1)— in subparagraph (A), by striking navigable waters and inserting protected water resources ; and in subparagraph (B), by striking navigable waters of and inserting protected water resources in ; in section 311— in subsections (a)(11), (b), and (m), by striking navigable waters of the United States each place it appears and inserting protected water resources ; and in subsections
(c)and (j), by striking navigable waters each place it appears and inserting protected water resources ; in section 312— in subsections
(a)and (b), by striking navigable waters each place it appears and inserting protected water resources ; and in subsections (h), ( l ), and (n), by striking navigable waters of the United States each place it appears and inserting protected water resources ; in section 319, by striking such waters each place it appears and inserting such protected water resources ; in section 402— in subsection (a)(4), by striking into the navigable waters ; in subsections (b), (g), and (n)(1), by striking navigable waters each place it appears and inserting protected water resources ; and in subsection (n)(2), by striking navigable waters of and inserting protected water resources in ; in section 404— in subsection (f)(2), by striking such waters and inserting such protected water resources ; and in subsection (g)(1)— by striking those waters and inserting those protected water resources ; and by striking all waters and inserting all protected water resources ; in paragraphs
(11)and
(12)of section 502, by striking navigable waters each place it appears and inserting protected water resources ; and in section 511(b), by inserting as discharges of pollutants into protected water resources after shall be regulated . Section 1001(21) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2701(21) ) is amended by striking waters of the United States, including the territorial sea and inserting protected water resources (as defined in section 502 of the Federal Water Pollution Control Act) .
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