PlainBillCongress, translated.Legislation. Context. Public interest.Referred to the Subcommittee on Water Resources and Environment.
Congressional Research Service
Version 00 · Introduced in House · May 26, 2005
Federal Wetlands Jurisdiction Act of 2005 - Amends the Federal Water Pollution Control Act to clarify that waters of the United States, including the territorial seas, are subject to the jurisdiction of the permitting program for the discharge of dredged or fill material (permitting program) if such waters are: (1) navigable; (2) connected to navigable waters through a continuous, naturally occurring surface water connection; or (3) wetlands adjacent to such navigable or connected waters.
States that waters are considered connected to navigable waters for purposes of this Act if connected by perennial or intermittent streams that contribute flow to navigable waters. Excludes from the definition those waters connected by: (1) sheet flow (non-channelized water flowing over upland); (2) ephemeral waters, ground water, manmade ditches, or pipelines; or (3) a municipal separate storm sewer system or any other regulated point source.
Excludes fastlands (areas located behind legally constituted manmade structures) from the jurisdiction of the permitting program.
Showing the opening paragraphs of the official summary.
Grants sole authority to the Secretary of the Army to determine the waters subject to the jurisdiction of the permitting program.
Sets forth procedures whereby property owners, or those with written authorization from such owners, may: (1) request that the Secretary determine jurisdiction under this Act and thereafter seek judicial review or injunctive relief; or (2) proceed under the administrative appeals process.
People & committees
Rep. Baker, Richard H. [R-LA-6] · R–LA
Legislative record
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Referred to the Subcommittee on Water Resources and Environment.
Referred to the House Committee on Transportation and Infrastructure.
Introduced in House
Introduced in House
Primary sources
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Source last updated: Aug 15, 2025. Consult Congress.gov for the current record.
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