Navigable waters

(a) In general Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following: (7) Navigable waters (A) In general The term navigable waters means the waters of the United States, including the territorial seas, that are— (i) navigable-in-fact; or (ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. (B) Exclusions The term navigable waters does not include (including by regulation)— (i) waters that— (I) do not physically abut waters described in subparagraph (A); and (II) lack a continuous surface water connection to navigable waters; (ii) man-made or natural structures or channels— (I) through which water flows intermittently or ephemerally; or (II) that periodically provide drainage for rainfall; or (iii) wetlands without a continuous surface connection to bodies of water that are waters of the United States.. (b) Jurisdiction of EPA and Corps of Engineers Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended— (1) by redesignating section 520 as section 521; and (2) by inserting after section 519 the following: 520. Jurisdiction of the Administrator and Secretary of the Army (a) EPA and Corps activities An activity carried out by the Administrator or the Corps of Engineers shall not, without explicit State authorization, impinge upon the traditional and primary power of States over land and water use. (b) Aggregation; wetlands (1) Aggregation Aggregation of wetlands or waters not described in clauses (i) through (iii) of section 502(7)(B) shall not be used to determine or assert Federal jurisdiction. (2) Wetlands Wetlands described in section 502(7)(B)(iii) shall not be considered to be under Federal jurisdiction. (c) Judicial review If a jurisdictional determination by the Administrator or the Secretary of the Army would affect the ability of a State or individual property owner to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, the State or individual property owner may obtain expedited judicial review not later than 30 days after the date on which the determination is made in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. (d) Treatment of ground water Ground water shall— (1) be considered to be State water; and (2) not be considered in determining or asserting Federal jurisdiction over isolated or other waters, including intermittent or ephemeral water bodies. (e) Prohibition on use of significant nexus test (1) Definition of significant nexus test In this subsection, the term significant nexus test means an analysis to determine whether a water has a significant nexus (as defined in subsection (c) of section 328.3 of title 33, Code of Federal Regulations (as in effect on August 29, 2015)) to a water described in paragraphs (1) through (3) of subsection (a) of that section (as in effect on that date), or any similar analysis. (2) Prohibition Notwithstanding any other provision of law, the Administrator may not use a significant nexus test to determine Federal jurisdiction over navigable waters and waters of the United States.. (c) Applicability Nothing in this section or the amendments made by this section affects or alters any exemption under— (1) section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)); or (2) section 404(f) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)).