82 FR 12497 - Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ``Waters of the United States'' Rule

Executive Office of the President

Federal Register Volume 82, Issue 41 (March 3, 2017)

[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Presidential Documents]
[Pages 12497-12498]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04353]



[[Page 12495]]

Vol. 82

Friday,

No. 41

March 3, 2017

Part II





The President





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Executive Order 13778--Restoring the Rule of Law, Federalism, and 
Economic Growth by Reviewing the ``Waters of the United States'' Rule



Executive Order 13779--White House Initiative To Promote Excellence and 
Innovation at Historically Black Colleges and Universities


                        Presidential Documents 



Federal Register / Vol. 82 , No. 41 / Friday, March 3, 2017 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 12497]]

                Executive Order 13778 of February 28, 2017

                
Restoring the Rule of Law, Federalism, and 
                Economic Growth by Reviewing the ``Waters of the United 
                States'' Rule

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. It is in the national interest to 
                ensure that the Nation's navigable waters are kept free 
                from pollution, while at the same time promoting 
                economic growth, minimizing regulatory uncertainty, and 
                showing due regard for the roles of the Congress and 
                the States under the Constitution.

                Sec. 2. Review of the Waters of the United States Rule. 
                (a) The Administrator of the Environmental Protection 
                Agency (Administrator) and the Assistant Secretary of 
                the Army for Civil Works (Assistant Secretary) shall 
                review the final rule entitled ``Clean Water Rule: 
                Definition of `Waters of the United States,' '' 80 Fed. 
                Reg. 37054 (June 29, 2015), for consistency with the 
                policy set forth in section 1 of this order and publish 
                for notice and comment a proposed rule rescinding or 
                revising the rule, as appropriate and consistent with 
                law.

                    (b) The Administrator, the Assistant Secretary, and 
                the heads of all executive departments and agencies 
                shall review all orders, rules, regulations, 
                guidelines, or policies implementing or enforcing the 
                final rule listed in subsection (a) of this section for 
                consistency with the policy set forth in section 1 of 
                this order and shall rescind or revise, or publish for 
                notice and comment proposed rules rescinding or 
                revising, those issuances, as appropriate and 
                consistent with law and with any changes made as a 
                result of a rulemaking proceeding undertaken pursuant 
                to subsection (a) of this section.
                    (c) With respect to any litigation before the 
                Federal courts related to the final rule listed in 
                subsection (a) of this section, the Administrator and 
                the Assistant Secretary shall promptly notify the 
                Attorney General of the pending review under subsection 
                (b) of this section so that the Attorney General may, 
                as he deems appropriate, inform any court of such 
                review and take such measures as he deems appropriate 
                concerning any such litigation pending the completion 
                of further administrative proceedings related to the 
                rule.

                Sec. 3. Definition of ``Navigable Waters'' in Future 
                Rulemaking. In connection with the proposed rule 
                described in section 2(a) of this order, the 
                Administrator and the Assistant Secretary shall 
                consider interpreting the term ``navigable waters,'' as 
                defined in 33 U.S.C. 1362(7), in a manner consistent 
                with the opinion of Justice Antonin Scalia in Rapanos 
                v. United States, 547 U.S. 715 (2006).

                Sec. 4. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 12498]]

                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    February 28, 2017.

[FR Doc. 2017-04353
Filed 3-2-17; 11:15 am]
Billing code 3295-F7-P