The Trump administration is taking another step toward finalizing a new definition of “waters of the United States” (WOTUS).

The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers announced a supplemental proposed rule Sept. 4 that seeks additional public input on which waters and wetlands should fall under federal jurisdiction.

The supplemental proposal builds on a WOTUS rule first proposed in November 2025. The agencies are considering the new regulatory options and the original proposal as they work toward a final rule.

WOTUS determines which waters are federally regulated under the Clean Water Act and where permits may be required for certain activities.

The latest proposal focuses on several key terms used to determine federal jurisdiction, including “relatively permanent” waters and wetlands with a “continuous surface connection” to other jurisdictional waters.

EPA and the Army Corps are considering whether “relatively permanent” waters should generally be limited to perennial waters or those that have standing or continuously flowing water throughout the year under ordinary conditions.

The agencies also are seeking input on how to determine whether wetlands have a continuous surface connection to federally regulated waters.

The rulemaking follows the U.S. Supreme Court’s 2023 decision in Sackett v. EPA, which narrowed the federal government’s Clean Water Act jurisdiction.

The American Farm Bureau Federation (AFBF) and Texas Farm Bureau has advocated for a WOTUS definition that follows the Sackett decision and provides farmers, ranchers and other landowners with clearer regulatory boundaries.

“Farmers share the goal of protecting the nation’s natural resources and we’re pleased the EPA and Army Corps put forward a new Waters of the U.S. rule,” AFBF President Zippy Duvall said. “It respects farmers’ ability to responsibly use their land while ensuring regulations align with the framework established by the Supreme Court’s Sackett ruling.”

The supplemental proposal will have a 30-day public comment period once it is published in the Federal Register. EPA and the Army Corps will consider those comments, along with feedback received on the 2025 proposal, as they develop the final rule.

Details about commenting can be found on EPA’s WOTUS website.