	Introduction

On May 27, 2015, the Army Corps of Engineers (the Corps) and the Environmental Protection Agency (EPA) finalized a rule revising regulations that define the scope of waters protected under the Clean Water Act (CWA). Discharges to waters under CWA jurisdiction, such as the addition of pollutants from factories or sewage treatment plants and the dredging and filling of spoil material through mining or excavation, require a CWA permit. The rule was proposed in 2014 in light of Supreme Court rulings that created uncertainty about the geographic limits of waters that are and are not protected by the CWA. According to EPA and the Corps, the agencies' intent was to clarify CWA jurisdiction, not expand it. Nevertheless, the rule has been extremely controversial, especially with groups representing property owners, land developers, and the agriculture sector, who contend that it represents a massive federal overreach beyond the agencies' statutory authority. Most state and local officials are supportive of clarifying the extent of CWA-regulated waters, but some are concerned that the rule could impose costs on states and localities as their own actions (e.g., transportation or public infrastructure projects) become subject to new requirements. Most environmental advocacy groups welcomed the intent of the proposal to more clearly define U.S. waters that are subject to CWA protections, but beyond that general support, some favored even a stronger rule. Congressional Options

As noted earlier, some in Congress have long favored halting EPA and the Corps' current approach to defining "waters of the United States." If Congress passes a joint resolution disapproving the rule under procedures provided by the act, and the resolution becomes law, the rule cannot take effect or continue in effect. Also, the agency may not reissue either that rule or any substantially similar one, except under authority of a subsequently enacted law. However, President Obama vetoed the joint resolution on January 19. The path to enactment of a CRA joint resolution is a steep one. Appropriations Bills

Including a provision in an appropriations bill is a second option for halting or redirecting the "waters of the United States" rule by limiting or preventing agency funds from being used for the rule. Such a bill could be similar to a limitation in an appropriations bill with provisions to bar or prohibit EPA and/or the Corps from finalizing, adopting, implementing, or enforcing the "waters of the United States" rule, the 2011 proposed revised guidance, or any similar rule. The Obama Administration opposed H.R. Targeted legislation might seek to address substantive aspects of the proposed rule that were widely criticized. This type of legislation would have broad implications for the CWA, since questions of CWA jurisdiction are fundamental to all of the act's regulatory requirements. In the 111 th Congress, one of these bills was reported in the Senate ( S. 787 ), but no further action occurred. 2705 , which would have repealed the final rule that was announced in May 2015. Conclusion

This report has discussed four legislative options that Congress could consider to halt or redirect EPA and the Corps' "waters of the United States" rule and that were reflected in bills in the 114 th Congress: the Congressional Review Act, appropriations bill limitations, standalone legislation, and broad amendments to the Clean Water Act. As described above, on October 9, 2015, a federal appeals court placed a nationwide stay on the clean water rule. The 114 th Congress legislative activity in the Senate on S.J.Res. With a change in administration in January 2017, the 115 th Congress and the new administration seem likely to revisit the "waters of the United States" issue and controversies.
On May 27, 2015, the Army Corps of Engineers (the Corps) and the Environmental Protection Agency (EPA) finalized a rule revising regulations that define the scope of waters protected under the Clean Water Act (CWA). Discharges to waters under CWA jurisdiction, such as the addition of pollutants from factories or sewage treatment plants and the dredging and filling of spoil material through mining or excavation, require a CWA permit. The rule was proposed in 2014 in light of Supreme Court rulings that created uncertainty about the geographic limits of waters that are and are not protected by the CWA.
According to EPA and the Corps, their intent in proposing the rule was to clarify CWA jurisdiction, not expand it. Nevertheless, the rule has been extremely controversial, especially with groups representing property owners, land developers, and agriculture, who contend that it represents a massive federal overreach beyond the agencies' statutory authority. Most state and local officials are supportive of clarifying the extent of CWA-regulated waters, but some are concerned that the rule could impose costs on states and localities as their own actions become subject to new requirements. Most environmental advocacy groups welcomed the proposal, which would more clearly define U.S. waters that are subject to CWA protections, but beyond that general support, some in these groups favor an even stronger rule. The final rule contains a number of changes to respond to criticisms of the proposal, but the revisions may not satisfy all critics of the rule. The rule became effective August 28, 2015, replacing EPA-Corps guidance that has governed permitting decisions since the Supreme Court's rulings. However, a federal appeals court issued a nationwide stay of the rule that has been in effect since October 2015.
Despite the court's stay of the rule, some in Congress favor halting EPA and the Corps' current approach to defining "waters of the United States." To do so legislatively, at least four options were reflected in bills in the 114th Congress.
The Congressional Review Act. If Congress passes a joint resolution disapproving a covered rule under procedures provided by the act, and the resolution becomes law, the rule cannot take effect or continue in effect. The agency may not reissue either that rule or any substantially similar one, except under authority of a subsequently enacted law. The Senate and House passed such a joint resolution (S.J.Res. 22), but President Obama vetoed it on January 19. On January 21, a procedural vote in the Senate to override the veto failed. Appropriations bill limitations. A provision in an appropriations bill can be a mechanism to block or redirect an agency's course of action by limiting or preventing agency funds from being used for the rule. Bills with such limitations were reported in 2015 and 2016, but none of these bills were enacted. Standalone targeted legislation. Other legislation can take several forms, such as a bill similar to limits in an appropriations bill to prohibit EPA and the Corps from finalizing, implementing, or enforcing the proposed rule. Another approach could be legislation to address substantive aspects of the rule that have been criticized. The House passed one such bill (H.R. 1732) in 2015. Similar legislation was reported in the Senate, but failed to advance (S. 1140). Broad amendments to the Clean Water Act. Legislation to affirm or clarify Congress's intention regarding CWA jurisdiction would have broad implications for the CWA, since questions of jurisdiction are fundamental to all of the act's regulatory requirements.
These options and related legislative activity in the 114th Congress are discussed in this report. Each option faced a steep path to enactment, because of the Obama Administration's opposition to legislation to halt or weaken a major regulatory initiative such as the "waters of the United States" rule. With a change in administration in January 2017, the 115th Congress and the new administration seem likely to revisit the "waters of the United States" issue and controversies, but how that will occur is unclear for now.