H.R.2658 - Federal Wetlands Jurisdiction Act of 2005109th Congress (2005-2006)
|Sponsor:||Rep. Baker, Richard H. [R-LA-6] (Introduced 05/26/2005)|
|Committees:||House - Transportation and Infrastructure|
|Latest Action:||05/27/2005 Referred to the Subcommittee on Water Resources and Environment. (All Actions)|
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Subject — Policy Area:
- Environmental Protection
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Summary: H.R.2658 — 109th Congress (2005-2006)All Bill Information (Except Text)
Introduced in House (05/26/2005)
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.