US Congress Senate Bill 787 (Prior Session Legislation)

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Spectrum: Strong Partisan Bill (Democrat 23-2)
Status: Introduced on April 2 2009 - 25% progression, died in chamber
Action: 2010-12-10 - Placed on Senate Legislative Calendar under General Orders. Calendar No. 685.
Text: Latest bill text (Introduced) [PDF]

Clean Water Restoration Act - Reaffirms federal jurisdiction over all waters of the United States and overturns the decisions of the United States Supreme Court in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers and Rapanos v. United States. Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to replace the term "navigable waters" that are subject to such Act with the term "waters of the United States," defined to mean all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, and natural ponds, all tributaries of any of such waters, and all impoundments of the foregoing. Excludes from such term: (1) prior converted cropland; and (2) waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of such Act (other than cooling ponds). Applies the waste treatment systems exclusion only to manmade bodies of water which neither were originally created in waters of the United States (such as disposal areas in wetlands) nor resulted from the impoundment of waters of the United States. Declares that nothing in such Act affects the authority of the Secretary of the Army or the Administrator of the Environmental Protection Agency (EPA) under the provisions of the Clean Water Act related to discharges: (1) composed entirely of return flows from irrigated agriculture; (2) of stormwater runoff from certain oil, gas, and mining operations composed entirely of flows from precipitation runoff conveyances, which are not contaminated by or in contact with specified materials; (3) of dredged or fill materials resulting from normal farming, silviculture, and ranching activities, from upland soil and water conservation practices, or from activities with respect to which a state has an approved water quality regulatory program; or (4) of dredged or fill materials for the maintenance of currently serviceable structures, the construction or maintenance of farm or stock ponds, irrigation ditches, or farm, forest, or temporary roads for moving mining equipment in accordance with best management practices, or the construction of temporary sedimentation basins on construction sites for which discharges do not include placement of fill material into the waters of the United States. Requires the Administrator and the Secretary to promulgate regulations to implement this Act within 18 months.

Clean Water Restoration Act

Sen. Barbara Boxer [D-CA]	Sen. Sherrod Brown [D-OH]	Sen. Maria Cantwell [D-WA]	Sen. Benjamin Cardin [D-MD]
Sen. Thomas Carper [D-DE]	Sen. Christopher Dodd [D-CT]	Sen. Richard Durbin [D-IL]	Sen. Russell Feingold [D-WI]
Sen. Kirsten Gillibrand [D-NY]	Sen. Edward Kaufman [D-DE]	Sen. John Kerry [D-MA]	Sen. Herb Kohl [D-WI]
Sen. Frank Lautenberg [D-NJ]	Sen. Patrick Leahy [D-VT]	Sen. Carl Levin [D-MI]	Sen. Joseph Lieberman [I-CT]
Sen. Robert Menendez [D-NJ]	Sen. Jeff Merkley [D-OR]	Sen. Jack Reed [D-RI]	Sen. Bernard Sanders [I-VT]
Sen. Charles Schumer [D-NY]	Sen. Jeanne Shaheen [D-NH]	Sen. Debbie Stabenow [D-MI]	Sen. Sheldon Whitehouse [D-RI]
Sen. Ron Wyden [D-OR]

Date	Chamber	Action
2010-12-10		Placed on Senate Legislative Calendar under General Orders. Calendar No. 685.
2010-12-10		Committee on Environment and Public Works. Reported by Senator Boxer with an amendment in the nature of a substitute. With written report No. 111-361. Minority views filed.
2009-06-18		Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.
2009-04-02		Read twice and referred to the Committee on Environment and Public Works.
2009-04-02		Sponsor introductory remarks on measure. (CR S4317-4318)

Type	Source
Summary	https://www.congress.gov/bill/111th-congress/senate-bill/787/all-info
Text	https://www.congress.gov/111/bills/s787/BILLS-111s787is.pdf
Text	https://www.congress.gov/111/bills/s787/BILLS-111s787rs.pdf