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H.R. 2658 · 109th Congress

Federal Wetlands Jurisdiction Act of 2005

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Never voted on. It didn't reach a floor vote before the 109th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

RBR BakerSponsor
14 cosponsors · 1 D, 13 R

Federal Wetlands Jurisdiction Act of 2005 - Amends the Federal Water Pollution Control Act to clarify that waters of the United States, including the territorial seas, are subject to the jurisdiction of the permitting program for the discharge of dredged or fill material (permitting program) if such waters are: (1) navigable; (2) connected to navigable…

What it does: CRS summary · Introduced in House · May 26, 2005

Federal Wetlands Jurisdiction Act of 2005 - Amends the Federal Water Pollution Control Act to clarify that waters of the United States, including the territorial seas, are subject to the jurisdiction of the permitting program for the discharge of dredged or fill material (permitting program) if such waters are: (1) navigable; (2) connected to navigable waters through a continuous, naturally occurring surface water connection; or (3) wetlands adjacent to such navigable or connected waters.

States that waters are considered connected to navigable waters for purposes of this Act if connected by perennial or intermittent streams that contribute flow to navigable waters. Excludes from the definition those waters connected by: (1) sheet flow (non-channelized water flowing over upland); (2) ephemeral waters, ground water, manmade ditches, or pipelines; or (3) a municipal separate storm sewer system or any other regulated point source.

Excludes fastlands (areas located behind legally constituted manmade structures) from the jurisdiction of the permitting program.

Grants sole authority to the Secretary of the Army to determine the waters subject to the jurisdiction of the permitting program.

Sets forth procedures whereby property owners, or those with written authorization from such owners, may: (1) request that the Secretary determine jurisdiction under this Act and thereafter seek judicial review or injunctive relief; or (2) proceed under the administrative appeals process.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: Federal Wetlands Jurisdiction Act of 2005

Latest action (May 27, 2005): Referred to the Subcommittee on Water Resources and Environment.

Policy area: Environmental Protection · Origin: House · Introduced: May 26, 2005

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

No recorded floor vote found.