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108hr4718ih | (c) No carrybacks
Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: (11) No carryback of section 46G credit before effective date
No portion of the unused business credit for any taxable year which is attributable to the... |
108hr4718ih | (d) Denial of double benefit
Section 280C of such Code is amended by adding at the end the following new subsection: (d) Credit for security of agricultural chemicals
No deduction shall be allowed for that portion of the expenses (otherwise allowable as a deduction) taken into account in determining the credit under ... |
108hr4718ih | (e) Clerical amendment
The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45G. Agricultural chemicals security credit. (f) Effective Date
The amendments made by this section shall apply to amounts paid or incurred after... |
108hr4718ih | Agricultural chemicals security credit
(a) In general
For purposes of section 38, in the case of an eligible agricultural business, the agricultural chemicals security credit determined under this section for the taxable year is 50 percent of the aggregate amount paid or incurred by the eligible agricultural business... |
108hr4718ih | (b) Facility limitation
The amount of the credit determined under subsection (a) with respect to any facility for any taxable year shall not exceed— (1) $50,000, reduced by (2) the aggregate amount of credits determined under subsection (a) with respect to such facility for the 5 prior taxable years. (c) Annual limita... |
108hr4718ih | (d) Eligible agricultural business
For purposes of this section, the term eligible agricultural business means any person in the trade or business of— (1) being a retailer of agricultural products, or (2) manufacturing, formulating, or distributing food-use pesticides. |
108hr4718ih | (e) Specified hazardous chemicals
For purposes of this section, the term specified hazardous chemical means any extremely hazardous substance listed under section 302(a)(2) of the Emergency Planning and Community Right-to-Know Act of 1986, and any hazardous material listed under section 101 of part 172 of title 49, Co... |
108hr4718ih | (f) Food-use pesticide
For purposes of this section, the term food-use pesticide means any pesticide (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act), including all active and inert ingredients thereof, which is customarily used on food, feed, or crops. (g) Controlled groups
Rul... |
108hr4718ih | (h) Regulations
The Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations which— (1) provide for the proper treatment of amounts which are paid or incurred for purpose of protecting any specified hazardous chemical or any food-use p... |
108hr5196ih | 1. Gordon Wood Post Office Building
(a) Designation
The facility of the United States Postal Service located at 115 South Swenson Street in Stamford, Texas, shall be known and designated as the Gordon Wood Post Office Building. (b) References
Any reference in a law, map, regulation, document, paper, or other record ... |
108hr3890ih | 1. Amendments
(a) Authorization of appropriations
Section 9 of the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 ( 15 U.S.C. 5108 ) is amended to read as follows: 9. |
108hr3890ih | Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this Act $10,000,000 for each of the fiscal years 2005 through 2009.. (b) Steel project priorities
Section 4(c)(1) of the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 ( 15 U.S.C. |
108hr3890ih | 5103(c)(1) ) is amended— (1) in subparagraph (H), by striking coatings for sheet steels and inserting sheet and bar steels ; and (2) by adding at the end the following new subparagraph: (K) The development of technologies which reduce greenhouse gas emissions.. (c) Conforming amendments
The Steel and Aluminum Energy C... |
108hr3890ih | 5107 ), by inserting , beginning with fiscal year 2005, after close of each fiscal year. 9. Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this Act $10,000,000 for each of the fiscal years 2005 through 2009. |
108hr3757ih | 1. Location of surface transportation program projects
Section 133(c) of title 23, United States Code, is amended— (1) by striking Except and inserting the following: (1) In general
Except ; and (2) by adding at the end the following: (2) Safety projects
Notwithstanding paragraph (1), a State may undertake a surface... |
108hr5389ih | 1. Short title
This Act may be cited as the Hybrid HOV Access Act of 2004. 2. HOV facilities
(a) In general
Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following: 165. HOV facilities
(a) In general
(1) Authority of state agencies
A State agency that has jurisdict... |
108hr5389ih | (2) Occupancy requirement
Except as otherwise provided by this section, no fewer than 2 occupants per vehicle may be required for use of a HOV facility. (b) Exceptions
Notwithstanding the occupancy requirements of subsection (a)(2), the following exceptions shall apply with respect to a State agency operating a HOV f... |
108hr5389ih | (B) Safety exception
A State agency may restrict use of the HOV facility by motorcycles or bicycles (or both) if the agency certifies to the Secretary that such use would create a safety hazard and the Secretary accepts the certification. The Secretary may accept a certification under this subparagraph only after the ... |
108hr5389ih | (2) Public transportation vehicles
The State agency may allow public transportation vehicles to use the HOV facility if the agency— (A) establishes requirements for clearly identifying the vehicles; and (B) establishes procedures for enforcing the restrictions on the use of the facility by such vehicles. (3) High occu... |
108hr5389ih | (B) develops, manages, and maintains a system that will automatically collect the toll; and (C) establishes policies and procedures to— (i) manage the demand to use the facility by varying the toll amount that is charged; (ii) enforce violations of use of the facility; and (iii) permit low-income individuals to pay red... |
108hr5389ih | (4) Low emission and energy-efficient vehicles
(A) Inherently low-emission vehicle
Before September 30, 2009, the State agency may allow vehicles that are certified as inherently low-emission vehicles pursuant to section 88.311-93 of title 40, Code of Federal Regulations, and are labeled in accordance with section 88... |
108hr5389ih | the State agency may allow vehicles certified as low emission and energy-efficient vehicles under subsection (e), and labeled in accordance with subsection (e), to use the HOV facility if the agency— (i) establishes a program that addresses how those qualifying low emission and energy-efficient vehicles are selected an... |
108hr5389ih | and (iv) imposes such restrictions on the use on high occupancy vehicle lanes by vehicles that do not satisfy established occupancy requirements as are necessary to ensure that the performance of individual high occupancy vehicle lanes, and the entire high occupancy vehicle lane system, will not become seriously degrad... |
108hr5389ih | to use the HOV facility if the agency— (A) establishes a program that address how those qualifying advanced lean burn technology vehicles are selected and certified; (B) establishes requirements for labeling qualifying advanced lean burn technology vehicles (including procedures for enforcing those requirements); (C) c... |
108hr5389ih | (c) Requirements applicable to tolls
(1) In general
Tolls may be charged under subsections (b)(3) and (b)(4) notwithstanding section 301 and, except as provided in paragraphs (2) and (3), subject to the requirements of section 129. (2) HOV facilities on the interstate system
Notwithstanding section 129, tolls may be... |
108hr5389ih | (3) Excess toll revenues
If a State agency makes a certification under the last sentence of section 129(a)(3) with respect to toll revenues collected under subsections (b)(3) and (b)(4), the State, in the use of tolls revenues under that sentence, shall give priority consideration to projects for developing alternativ... |
108hr5389ih | (d) HOV facility management, operation, monitoring, and enforcement
(1) In general
A State agency that allows vehicles to use a HOV facility under subsection (b)(4) in a fiscal year shall certify to the Secretary that the agency will carry out the following responsibilities with respect to the facility in the fiscal ... |
108hr5389ih | (B) Establishing, managing, and supporting an enforcement program that ensures that the facility is being operated in accordance with the requirements of this section. (C) Limiting or discontinuing the use of the facility by such vehicles if the presence of such vehicles has degraded the operation of the facility. |
108hr5389ih | (2) Degraded facility
(A) In general
For purposes of paragraph (1), the operation of a HOV facility shall be considered to be degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed 90 percent of the time over a consecutive 6-month period during morning or evening week... |
108hr5389ih | (B) Minimum average operating speed defined
In subparagraph (A), the term minimum average operating speed means— (i) 45 miles per hour, in the case of a HOV facility with a speed limit of 50 miles per hour or greater; and (ii) not more than 10 miles per hour below the speed limit, in the case of a HOV facility with a ... |
108hr5389ih | (e) Certification of low emission and energy-efficient vehicles and advanced lean burn technology vehicles
Not later than 6 months after the date of enactment of this section, the Administrator of the Environmental Protection Agency shall issue— (1) a final rule establishing requirements for certification of a vehicle... |
108hr5389ih | (f) Fuel efficiency guidance for hybrid vehicles
Not later than 6 months after the date of enactment of this section, the Administrator of the Environmental Protection agency shall issue guidance on methods for determining whether a vehicle meets the fuel efficiency standards required to qualify as a hybrid vehicle un... |
108hr5389ih | achieves at least 125 percent of city fuel economy of a comparable vehicle, and has received a certificate that such vehicle meets or exceeds— (A) in the case of a vehicle having a gross vehicle weight rating of 6000 pounds or less, the Bin 5 Tier II emission standard established in regulations prescribed by the Admini... |
108hr5389ih | the Bin 8 Tier II emission standard established in such regulations. (2) Dedicated alternative fuel vehicle
The term dedicated alternative fuel vehicle means a vehicle that operates solely on— (A) methanol, denatured ethanol, or other alcohols; (B) a mixture containing at least 85 percent of methanol, denatured ethano... |
108hr5389ih | (H) electricity (including electricity from solar energy); or (I) any other fuel that the Secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits. (3) HOV facility
The term HOV facility means a high occupancy vehicle facility. (... |
108hr5389ih | and (B) has been certified by the manufacturer, in accordance with guidance prescribed by the Administrator under subsection (f), to have achieved either— (i) a 10 percent or greater increase in city fuel economy relative to a comparable vehicle that is an internal combustion gasoline fueled vehicle (other than a vehic... |
108hr5389ih | (6) Low emission and energy efficient vehicle
The term low emission and energy-efficient vehicle means a vehicle that— (A) has been certified by the Administrator of the Environmental Protection Agency as meeting the Tier II emission standard established in regulations prescribed by the Administrator under section 202... |
108hr5389ih | (7) Public transportation vehicle
The term public transportation vehicle means a vehicle that provides public transportation (as defined in section 5302(a) of title 49). |
108hr5389ih | (8) State agency
The term State agency , as used with respect to a HOV facility, means an agency of a State or local government having jurisdiction over the operation of the facility and includes a State transportation department.. (b) Conforming amendments
(1) Program efficiencies
Section 102 of title 23, United St... |
108hr5389ih | (2) Chapter analysis
The analysis for subchapter I of chapter 1 of such title is amended by adding at the end the following: 165. HOV facilities. (c) Technical amendment
Section 102(b) of title 23, United States Code, (as redesignated by subsection (b)(1) of this section) is amended by striking 10 years and all that ... |
108hr5162ih | 1. Safe and secure storage of explosive materials by State and local law enforcement agencies
(a) Reports on locations, types, and amounts of stored explosive materials
(1) Initial reports
Within 6 months after the date of the enactment of this Act, each State shall submit to the Attorney General a written report th... |
108hr5162ih | (2) Subsequent reports
At such times as the Attorney General shall provide in regulations, each State shall submit to the Attorney General a written report that updates the most recent report submitted by the agency pursuant to this subsection. (b) Regulations governing storage of explosive materials
Within 6 months ... |
108hr5162ih | The regulations shall set forth the standards of public safety and security against theft which any place at which explosive materials that have been shipped or transported in interstate or foreign commerce are so stored or kept shall meet, and shall, at a minimum, require any such place to be subject to video surveill... |
108hr5162ih | (c) Inspection authority
The Attorney General may enter during business hours any place where a State or local law enforcement agency stores or keeps explosive materials that have been shipped or transported in interstate or foreign commerce, for the purpose of inspecting the explosive materials and determining whethe... |
108hr5162ih | (d) Authority to impose penalty for noncompliance
(1) Authority to reduce grants
If a State or local law enforcement agency fails to comply with this section or any regulation prescribed under this section, the Attorney General may reduce by 10 percent the funds that the agency would otherwise receive, or would other... |
108hr5162ih | (2) Reallocation of funds
Any funds that are not allocated to a State or local law enforcement agency by reason of paragraph (1) shall be reallocated to other State or local law enforcement agencies whose grants are not reduced by reason of paragraph (1). 2. |
108hr5162ih | Matching grants
(a) Application
A State or local law enforcement agency may submit to the Attorney General an application for a grant under this section, which shall contain— (1) a good faith estimate of the total amount the agency will need to expend to comply with the regulations prescribed under section 1(b); and ... |
108hr5162ih | (b) Grant authority
The Attorney General may make a grant under this section to an applicant therefor if— (1) the application contains the information required by subsection (a)(1) of this section; and (2) the applicant has submitted to the Attorney General all reports required from the applicant by or under section 1... |
108hr5162ih | (d) Use of grant
An applicant who receives a grant under this section shall use the grant only to cover the cost of complying with the regulations prescribed under section 1(b). (e) Limitations on authorization of appropriations
For grants under this section, there are authorized to be appropriated to the Attorney Ge... |
108hr5162ih | (2) Law enforcement agency
The term law enforcement agency does not include any component of the National Guard. (3) State
The term State includes the District of Columbia. |
108hr4253ih | 1. Display of Flag of the United States at Half-Staff on National Workers Memorial Day
Section 6(d) of title 4, United States Code, is amended by inserting before Mother’s Day the following: National Workers Memorial Day (half-staff), April 28;. |
108hr5180ih | 1. Extension of the Livestock Mandatory Reporting Act of 1999 through October 22, 2005
Section 942 of the Livestock Mandatory Reporting Act of 1999 ( 7 U.S.C. 1635 note) is amended by striking 5 years and inserting 6 years. |
108hr3756ih | 1. National Commission on Digestive Diseases
(a) In general
The Secretary of Health and Human Services (in this section referred to as the Secretary ), after consultation with the Director of the National Institutes of Health, shall, within sixty days after the date of the enactment of this Act, establish a National ... |
108hr3756ih | digestive diseases and of the social and economic impact of such diseases; (B) evaluate the public and private facilities and resources (including trained personnel and research activities) for the diagnosis, prevention, and treatment of, and research in, such diseases; and (C) identify programs (including biological, ... |
108hr3756ih | (2) Long-range plan
Based on the study, evaluation, and identification made pursuant to paragraph (1), the Commission shall develop and recommend a long-range plan for the use and organization of national resources to effectively deal with digestive diseases. The plan shall provide for— (A) research studies into the b... |
108hr3756ih | and clinical programs) to be taken against digestive diseases; (D) detection of digestive diseases in the presymptomatic stages and development and evaluation of new, and improved methods of screening for digestive diseases, taking into account recent technological changes in diagnostic imaging modalities; (E) developm... |
108hr3756ih | and allied health professionals in the fields and specialties requisite to the conduct of programs related to digestive diseases with special emphasis on training for careers in research, teaching, and all aspects of patient care; (I) the conduct and subject matter of trials in clinical and translational research in di... |
108hr3756ih | (3) Recommendations for individual national research institutes
The Commission shall recommend for each of the Institutes of the National Institutes of Health whose activities are to be affected by the long-range plan estimates of the expenditures needed to carry out each Institute’s part of the overall program. Such ... |
108hr3756ih | The appointed members shall be voting members, and the ex officio members shall be nonvoting members, except that the ex officio member designated under paragraph (3)(A) shall be a voting member. (2) Appointed members
The voting members of the Commission shall be appointed by the Secretary, and shall be appointed from... |
108hr3756ih | (ii) two shall be gastroenterologists involved primarily in research on digestive diseases; (iii) one shall be a surgeon; (iv) one shall be an expert in liver disease; (v) one shall be an epidemiologist; (vi) one shall be an allied health professional; and (vii) two shall be basic biomedical scientists (such as biochem... |
108hr3756ih | (3) Ex officio members
(A) National Institute of Diabetes and Digestive and Kidney Diseases
From among officers or employees of the National Institute of Diabetes and Digestive and Kidney Diseases whose primary interest is in the field of digestive diseases, the Secretary shall designate an individual to serve as an ... |
108hr3756ih | the Director of the National Institute of Allergy and Infectious Diseases; the Director of the National Cancer Institute; the Director of the National Institute of Biomedical Imaging and Bioengineering; the Director of the National Institute of Drug Abuse; the Director of the National Institute on Alcohol Abuse and Alc... |
108hr3756ih | (d) Chair
From among the appointed members of the Commission, the members of the Commission shall select an individual to serve as the Chair of the Commission. (e) Terms
The term of a member of the Commission is the life of the Commission. (f) Vacancies
(1) Authority of commission
A vacancy in the membership of the... |
108hr3756ih | (3) Incomplete term
If a member of the Commission does not serve the full term of the member, the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual. (g) Meetings
The Commission shall first meet as directed by the Secretary, not lat... |
108hr3756ih | (h) Compensation; reimbursement of expenses
(1) Appointed members
Members of the Commission appointed from among individuals who are not officers or employees of the Federal Government shall receive compensation for each day (including travel time) engaged in carrying out the duties of the Commission. Such compensati... |
108hr3756ih | (2) Ex officio members
Members of the Commission appointed from among individuals who are officers or employees of the Federal Government may not receive compensation for service on the Commission in addition to the compensation otherwise received for duties carried out as Federal officers or employees. |
108hr3756ih | (3) Reimbursement
Members of the Commission, while serving away from their homes or regular places of business in the performance of services for the Commission, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as such expenses are authorized by section 5703 of title 5, U... |
108hr3756ih | The executive director shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and sub-chapter III of chapter 53 of such title related to classification and General Schedule pay rate... |
108hr3756ih | (j) Powers
The Commission may hold such hearings, take such testimony, and sit and act at such time and places as the Commission deems advisable. (k) Report
Within 18 months following its initial meetings (as prescribed by subsection (g)), the Commission shall publish and transmit directly to the Congress a final rep... |
108hr3756ih | The report shall contain— (1) the long-range plan required by subsection (b)(2); (2) the expenditure estimates required by subsection (b)(3); and (3) any recommendations of the Commission for legislation that would facilitate the implementation of the long-range plan. In developing recommendations under paragraph (3), ... |
108hr3756ih | The Commission may also make recommendations regarding organizational changes within the National Institutes of Health or the establishment of new entities that would facilitate implementation of the long-range plan and otherwise coordinate the Federal digestive diseases research effort. (l) Termination
The Commission... |
108hr4598ih | 1. Short title
This Act may be cited as the Accutane Safety and Risk Management Act. 2. |
108hr4598ih | Federal Food, Drug, and Cosmetic Act; restrictions regarding drug isotretinoin
(a) In general
Not later than the expiration of the 30-day period beginning on the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the Secretary ), acting through the Commissioner o... |
108hr4598ih | During or after such period, any holder of an application that is subject to the preceding sentence may file with the Secretary a supplemental application for such drug, and the Secretary may approve the supplemental application in accordance with subsection (b). (b) Restrictions
Any approval by the Secretary of a sup... |
108hr4598ih | Such restrictions shall require that distribution of the drug under all the approved supplemental applications be exclusively through a single program, approved by the Secretary, that provides for the distribution of the drug in accordance with the following conditions: (1) Distribution of the drug by manufacturers is ... |
108hr4598ih | (B) The pharmacist has received education on potential side effects of the drug relating to birth defects and mental health or behavioral issues that, as of the day before the date of the enactment of this Act, were described on the approved labeling for the drug (including depression, suicidal ideation, suicide attemp... |
108hr4598ih | (D) The pharmacist has signed and filed with the program a statement that the pharmacist understands the conditions for participation in the program as a pharmacist, and will maintain compliance with the agreement described in subparagraph (C) and otherwise comply with applicable conditions. (2) The program certifies c... |
108hr4598ih | (3) The program develops and makes available to practitioners materials for educating patients on the drug, including managing the risks associated with the drug, and such materials include a questionnaire, to be completed monthly by patients, that warns patients of the adverse side effects described in paragraph (1)(B... |
108hr4598ih | (B) The patient is registered with the program. (C) Using the materials referred to in paragraph (3), the practitioner educates the patient on the drug, including providing one-on-one, in-person counseling. (D) The practitioner provides to the patient the questionnaire referred to in paragraph (3), and the patient comp... |
108hr4598ih | (F) The patient undergoes the appropriate blood tests. (G) In the case of a female patient— (i) the education under subparagraph (C) includes education on the need to avoid becoming pregnant while being treated with the drug; and (ii) the practitioner determines that the patient is not pregnant, as indicated by an elec... |
108hr4598ih | (H) In the case of a male patient, the education under subparagraph (C) includes education on the need to avoid impregnating women while being treated with the drug. (I) The prescription is issued only after compliance with subparagraphs (B) through (H). (J) The prescription is for a 30-day supply of the drug, with no ... |
108hr4598ih | (L) The patient undergoes the appropriate blood tests 30 days after the conclusion of treatment with the drug. (5) Such additional conditions as the Secretary may by regulation determine to be necessary to protect the public health with respect to the drug. |
108hr4598ih | (c) Certification of treatment centers
For purposes of subsection (b)(2), the conditions for the program to certify a clinic or medical office as a treatment center regarding a drug containing isotretinoin are as follows: (1) The program determines that each of the practitioners at the clinic or office who will prescr... |
108hr4598ih | (C) The practitioner agrees as follows: (i) The practitioner will prescribe the drug for a patient in accordance with subsection (b)(4). (ii) If a female patient being treated with the drug becomes pregnant, the practitioner will immediately report the pregnancy to the program and provide follow-up in accordance with t... |
108hr4598ih | (iv) The practitioner will— (I) report to the Secretary any information received by the practitioner on adverse events that are associated with the use of the drug by patients of the practitioner; and (II) submit such reports quarterly, except in the case of a patient death associated with the drug, in which case the r... |
108hr4598ih | (D) The practitioner has signed and filed with the program a statement that the practitioner understands the conditions for participation in the program as a practitioner, and will maintain compliance with the agreements described in subparagraph (C) and otherwise comply with applicable conditions. (2) After the initia... |
108hr4598ih | (3) Such additional conditions as the Secretary may by regulation determine to be necessary to protect the public health with respect to the drug. (d) Monitoring by Secretary
The Secretary shall monitor the distribution of drugs containing isotretinoin under supplemental applications approved under subsection (b), inc... |
108hr4598ih | Reporting of adverse events by manufacturers and distributors
(a) In general
Each person who is a manufacturer or distributor of a drug containing isotretinoin shall report to the Secretary any information received by such person on adverse events that are associated with such drug. In any case in which an individual... |
108hr4598ih | (b) Timeframe for reporting
A person described in subsection (a) shall submit reports under such subsection to the Secretary on a quarterly basis, except that in the case of a death associated with isotretinoin, the report shall be submitted immediately, but in no case later than 15 days after the date on which the pe... |
108hr4598ih | Further studies
(a) In general
The Secretary, in consultation with the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, and the Director of the National Institute of Mental Health, shall continue to conduct and support appropriate studies to explore, in ad... |
108hr4598ih | (b) Authorization of appropriations
For the purpose of studies under subsection (a), there are authorized to be appropriated such sums as may be necessary for fiscal year 2005 and each subsequent fiscal year, in addition to any other authorizations of appropriations that are available for such purpose. |
108hr4843ih | 1. Short title
This Act may be cited as the Federal Wetlands Jurisdiction Act of 2004. 2. Statement of purposes
The purposes of this Act are to— (1) clarify the jurisdiction of the Federal Government over waters of the United States in light of the decision of the Supreme Court in Solid Waste Agency of Northern Cook ... |
108hr4843ih | 159 (2001); (2) provide consistency throughout the Nation in determining the jurisdiction of the Federal Government over waters of the United States; and (3) consolidate in one Federal agency the authority of the Federal Government to implement the permitting program established under section 404 of the Federal Water P... |
108hr4843ih | 1344(a) ) is amended— (1) by striking (a) The Secretary and inserting the following: (a) Issuance of Permits
(1) In general
The Secretary ; and (2) by adding at the end the following: (2) Jurisdiction
Waters of the United States, including the territorial seas, shall be subject to the jurisdiction of the permitting ... |
108hr4843ih | or (C) wetlands adjacent to waters described in subparagraph (A) or (B). (3) Surface connection
(A) Included waters
For purposes of paragraph (2)(B), waters shall be considered to be hydrologically connected to navigable waters by a continuous, naturally occurring surface connection if the waters are connected by per... |
108hr4843ih | (B) Excluded waters
For purposes of paragraph (2)(B), waters shall not be considered to be hydrologically connected to navigable waters by a continuous, naturally occurring surface connection if the waters are connected by— (i) sheet flow (normal runoff of precipitation); (ii) ephemeral waters, ground water, manmade d... |
108hr4843ih | (4) Fastlands
Fastlands shall not be subject to the jurisdiction of the permitting program established by this section. (5) Determination of jurisdiction
(A) Request for determination
A person who holds an ownership interest in property, or who has written authorization from such person, may submit a request to the ... |
108hr4843ih | The person making the request may limit the request to a determination of the presence or absence of any of the waters described in paragraph (2)(A), (2)(B), or (2)(C). (B) Requests for additional information
Not later than 30 days after the date of receipt of a request under subparagraph (A), the Secretary may make o... |
108hr4843ih | (C) Determination and notification by the secretary
Not later than 90 days after the date of receipt of a request under subparagraph (A), or not later than 60 days after the date of receipt of additional information provided under subparagraph (B), whichever is later, the Secretary shall— (i) make a jurisdictional det... |
108hr4843ih | (D) Authority to seek immediate judicial review
(i) In general
Any person authorized under this paragraph to request a jurisdictional determination for property may— (I) seek judicial review of any such jurisdictional determination, or injunctive relief in the case of a failure to make a determination, in the United ... |
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