To preserve existing rights and responsibilities with respect to waters of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. IDENTIFICATION OF WATERS PROTECTED BY THE CLEAN WATER ACT.
(a) In General.--The Secretary of the Army and the Administrator of the Environmental Protection Agency are prohibited from-- (1) finalizing, adopting, implementing, administering, or enforcing the proposed guidance described in the notice of availability and request for comments entitled ``EPA and Army Corps of Engineers Guidance Regarding Identification of Waters Protected by the Clean Water Act'' (EPA-HQ-OW-2011-0409) (76 Fed. Reg. 24479 (May 2, 2011)); and (2) using the guidance described in paragraph (1), or any substantially similar guidance, as the basis for any decision regarding the scope of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or any rulemaking. (b) Rules.--The use of the guidance described in subsection (a)(1), or any substantially similar guidance, as the basis for any rule shall be grounds for vacating the rule. <all>