PERMIT Act

(7) Navigable waters

(A) In general. The term

(B) Exclusions. The term navigable waters does not include the following:

(i) Any component of a waste treatment system, including any lagoon or treatment pond (such as a settling or cooling pond), designed to actively or passively—

(I) convey or retain wastewater; or

(II) concentrate, settle, reduce, or remove pollutants from wastewater.

(ii) Ephemeral features that flow only in direct response to precipitation.

(iii) Any area that—

(I) prior to December 23, 1985, was drained or otherwise manipulated for the purpose, or having the effect, of making production of an agricultural product possible, as determined by the Administrator and the Secretary of the Army, acting through the Chief of Engineers, which determinations shall be consistent with any designations of prior converted cropland made by the Secretary of Agriculture; and

(II) as determined by the Administrator—

(aa) at least once in the immediately preceding ten years has been used for, or in support of, agricultural purposes, including grazing, haying, idling land for conservation use (such as habitat management, pollinator and wildlife management, water storage and supply management, and flood management), irrigation tailwater storage, farm-raised fish production, cranberry production, nutrient retention, and idling land for soil recovery after natural disasters such as hurricanes and drought; and

(bb) has not reverted to wetlands (as defined in section 120.2 of title 40, Code of Federal Regulations, as in effect on the date of enactment of this clause).

(iv) Groundwater.

(v) Any other features determined to be excluded by the Administrator and the Secretary of the Army, acting through the Chief of Engineers.