Solid Waste Agency of Northern Cook Cty. v. Army Corps of Engineers, 531 U.S. 159, 12 (2001)

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170

SOLID WASTE AGENCY OF NORTHERN COOK CTY. v. ARMY CORPS OF ENGINEERS

Opinion of the Court

lative proposals are 'a particularly dangerous ground on which to rest an interpretation of a prior statute.' " Central Bank of Denver, N. A. v. First Interstate Bank of Denver, N. A., 511 U. S. 164, 187 (1994) (quoting Pension Benefit Guaranty Corporation v. LTV Corp., 496 U. S. 633, 650 (1990)). A bill can be proposed for any number of reasons, and it can be rejected for just as many others. The relationship between the actions and inactions of the 95th Congress and the intent of the 92d Congress in passing § 404(a) is also considerably attenuated. Because "subsequent history is less illuminating than the contemporaneous evidence," Hagen v. Utah, 510 U. S. 399, 420 (1994), respondents face a difficult task in overcoming the plain text and import of § 404(a).

We conclude that respondents have failed to make the necessary showing that the failure of the 1977 House bill demonstrates Congress' acquiescence to the Corps' regulations or the "Migratory Bird Rule," which, of course, did not first appear until 1986. Although respondents cite some legislative history showing Congress' recognition of the Corps' assertion of jurisdiction over "isolated waters," 6 as we explained in Riverside Bayview Homes, "[i]n both Chambers, debate on the proposals to narrow the definition of navigable waters centered largely on the issue of wetlands preservation." 474 U. S., at 136. Beyond Congress' desire to reguand because "no fewer than 13 bills introduced to overturn the IRS interpretation" had failed. Absent such overwhelming evidence of acquiescence, we are loath to replace the plain text and original understanding of a statute with an amended agency interpretation. See Consumer Product Safety Comm'n v. GTE Sylvania, Inc., 447 U. S. 102, 118, n. 13 (1980) ("[E]ven when it would otherwise be useful, subsequent legislative history will rarely override a reasonable interpretation of a statute that can be gleaned from its language and legislative history prior to its enactment").

6 Respondents cite, for example, the Senate Report on S. 1952, which referred to the Corps' "isolated waters" regulation. See S. Rep. No. 95- 370, p. 75 (1977). However, the same report reiterated that "[t]he committee amendment does not redefine navigable waters." Ibid.

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