S 1140 - Federal Water Quality Protection Act - National Key Vote

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Title: Federal Water Quality Protection Act

Vote Smart's Synopsis:

Vote on a motion to invoke cloture on a bill that amends the definition of "waters of the United States."

Highlights:

  • Amends the Federal Water Pollution Control Act to define “waters of the United States” as the follows (Sec. 4):
    • Existing law:
      • Waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce;
      • Waters that are interstate waters, including interstate wetlands;
      • Waters that are territorial seas;
      • Waters that contribute flow to a water identified above;
      • Waters that are determined to have “significant effects” on the chemical, physical, or biological integrity of a water identified above; and
      • Waters that are adjacent to a water identified above;
    • New law:
      • Waters that are traditional navigable and interstate waters;
      • Waters that are streams identified on a map created using the United States Geological Survey National Hydrology Dataset Plus at the 1:100,000 scale;
      • Waters that are streams that contribute flow in a normal year to a traditional navigable water of sufficient volume, duration, and frequency that pollutants in that reach would degrade the water quality of the traditional navigable water; and
      • Waters that are wetlands adjacent to a water identified above.
  • Specifies that “waters of the United States” does not include the following bodies of water (Sec. 4):
    • Waters that are located below the surface of the land;
    • Waters that are not located within a body of water;
    • Waters that are isolated ponds, whether natural or manmade;
    • Waters that are within a system constructed for the purpose of collecting or treating storm water, floodwater, wastewater, or municipal water;
    • Waters that are streams that do not contribute to flow in a normal year to a traditional navigable water of sufficient volume, duration, and frequency; and
    • Waters that are prior-converted cropland.

 

NOTE: INVOKING CLOTURE REQUIRES A 3/5 MAJORITY OF THE SENATE. IT IS NOT A VOTE ON THE PASSAGE OF THE PIECE OF LEGISLATION, BUT LIMITS FURTHER DEBATE TO 30 HOURS. CLOTURE IS TYPICALLY USED TO END A FILIBUSTER. A FAILED CLOTURE VOTE OFTEN PREVENTS THE LEGISLATION FROM EVER COMING TO A VOTE.

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