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B-332131 1 (2020-05-05)

handle is hein.gao/gaobaebea0001 and id is 1 raw text is: GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-332131 May 5, 2020 The Honorable John Barrasso Chairman The Honorable Thomas Carper Ranking Member Committee on Environment and Public Works United States Senate The Honorable Peter A. DeFazio Chairman The Honorable Sam Graves Ranking Member Committee on Transportation and Infrastructure House of Representatives Subject: Department of Defense, Department of the Army, Corps of Engineers; Environmental Protection Agency: The Navigable Waters Protection Rule: Definition of Waters of the United States Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Defense, Department of the Army, Corps of Engineers; Environmental Protection Agency (EPA) (collectively, the agencies) entitled The Navigable Waters Protection Rule: Definition of 'Waters of the United States' (RIN: 2040-AF75). We received the rule on February 7, 2020. It was published in the Federal Register as a final rule on April 21, 2020. 85 Fed. Reg. 22250. The effective date of the rule is June 22, 2020. The final rule amends regulations implementing the Clean Water Act (CWA), 33 U.S.C. §§ 1251-1387. According to the agencies, the rule defines the scope of waters subject to federal regulation under CWA in light of Supreme Court decisions and consistent with Executive Order 13778, February 28, 2017. Exec. Order No. 13778, Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the Waters of the United States Rule, 82 Fed. Reg. 12497 (Feb. 28, 2017). According to the agencies, the rule interprets the term waters of the United States; identifies the four categories of waters that are within the term; identifies those waters and features that are excluded from the term; and defines applicable terms. The agencies identify the following categories of waters of the United States: territorial seas and traditional navigable waters; tributaries; lakes and ponds, and impoundments of jurisdictional waters; and adjacent wetlands.

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