/  H.R. 5078—Waters of the United States Regulatory Overreach Protection Act of 2014

H.R. 5078 - Waters of the United States Regulatory Overreach Protection Act of 2014

Bill Text

  • Text of H.R. 5078 PDF XML

    Waters of the United States Regulatory Overreach Protection Act of 2014

  • H. Rept. 113-568 PDF

    Report from the Committee on Transportation and Infrastructure 
            ::  Congressional Budget Office Cost Estimate  PDF

Rule Information

COMMITTEE ACTION:
REPORTED BY RECORD VOTE of 7-3 on Monday, September 8, 2014.

FLOOR ACTION ON H. RES. 715: 
Agreed to by record vote of 229-179 on Tuesday, September 9, 2014.  

MANAGERS: Bishop (UT)/Hastings (FL)

1. Structured rule for H.R. 5078.

2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Transportation and Infrastructure.

3. Waives all points of order against consideration of the bill.

4. Waives all points of order against provisions in the bill.

5. Makes in order only those amendments printed in the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.

6. Waives all points of order against the amendments printed in the report.

7. Provides one motion to recommit with or without instructions.

8. Closed rule for H. Res. 644.

9. Provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Armed Services.

10. Waives all points of order against consideration of the resolution.

11. Provides that the amendments to the resolution and the preamble recommended by the Committee on Armed Services now printed in the resolution shall be considered as adopted and the resolution, as amended, shall be considered as read.

12. Provides one motion to recommit with or without instructions.

Amendments

#Version #Sponsor(s)PartySummaryStatus
5Version 1Bishop, Tim (NY)DemocratProvisions of the bill do not apply if it is determined implementation is likely to have an adverse impact on water quality.Made In Order
6Version 1Bishop, Tim (NY)DemocratPreserves the federal-state relationship in protecting water quality by allowing states to adopt and implement their own standards for protecting State waters provided they are at least as protective as the proposed rule.Submitted
7Version 1Bishop, Tim (NY)DemocratProvides policy provisions that the Secretary and Administrator are prohibited from including in a final rule.Made In Order
3Version 1DeFazio (OR)DemocratRequires the Secretary of the Army and the Administrator of the EPA to withdraw both the proposed and interpretive rules published in April 2014, and to instead develop and issue for public comment a revised proposed rule to define Waters of the United States after consultation with States, local governments and stakeholders.Made In Order
4Version 1DeFazio (OR)DemocratRelieves Federal agencies of the responsibility to implement the provisions of H.R. 5078 if doing so would be detrimental to hunting, fishing, or shellfish growing. Submitted
9Version 1Edwards (MD)DemocratLimits the bill under a finding by the EPA Administrator that such provisions would increase the occurrence of algal blooms (including red tide) or hypoxic zones (commonly known as “dead zones”). Submitted
2Version 1McKinley (WV)RepublicanRequires that recommendations for a regulatory proposal would include requirements to ensure that property owners are provided notice prior to any inspection being carried out.Submitted
8Version 1Moran, James (VA), Edwards (MD), Van Hollen (MD), Connolly (VA), Cartwright (PA), Scott, Bobby (VA), Sarbanes (MD)DemocratExempt the streams, rivers and source waters of the Chesapeake Bay from section 2 of this act. Submitted
10Version 1Murphy, Patrick (FL)DemocratLate Allows the proposed rule to stand if the EPA and Army Corps of Engineers in consultation with the Department of Commerce determine that not taking such action would increase the probability of harmful algal blooms or other conditions that could negatively impact human health or marine life.Submitted
1Version 1Ribble (WI), Schrader (OR), Collins, Chris (NY), Peterson (MN)Bi-PartisanWithdrawn Clarifies that all soil and water conservation activities fall under the Clean Water Act Section 404(f)(1) exemption for normal farming, ranching, and silviculture activities. Further clarifies that no soil and water conservation practices will be treated as new uses of areas of navigable waters, impairments of the flow of navigable waters, or reductions in the reach of those waters, clarifying that the recapture provisions in Section 404(f)(2) of the Clean Water Act do not apply to soil and water conservation. Clarifies that the statutory exemption for normal farming, ranching, and silviculture activities applies to all such activities and is not limited to activities that began prior to 1977, when section 404(f) was enacted.Withdrawn