CLEAR Waters Act

119 S2421 IS: Clarifying Legal Exclusions Around Regulated Waters Act U.S. Senate 2025-07-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 119th CONGRESS 1st Session S. 2421 IN THE SENATE OF THE UNITED STATES July 23, 2025 Ms. Ernst (for herself, Mr. Risch , Mr. Marshall , Mr. Crapo , Mr. Tillis , and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to provide exclusions from the term navigable waters , and for other purposes. 1. Short title This Act may be cited as the Clarifying Legal Exclusions Around Regulated Waters Act or the CLEAR Waters Act . 2. Definition of navigable waters Section 502(7) of the Federal Water Pollution Control Act ( 33 U.S.C. 1362(7) ) is amended— (1) by striking (7) The term and inserting the following: (7) Navigable waters (A) In general The term ; and (2) by adding at the end the following: (B) Exclusions The term navigable waters does not include any of the following: (i) Any component of a waste treatment system, including any lagoon or treatment pond (such as a settling or cooling pond), designed to actively or passively— (I) convey or retain wastewater; or (II) concentrate, settle, reduce, or remove pollutants from wastewater. (ii) Ephemeral features that flow only in direct response to precipitation. (iii) Groundwater. (iv) Any other features determined to be excluded by the Administrator and the Secretary of the Army, acting through the Chief of Engineers. .