Prohibits the Secretary of the Army and the Administrator of the Environmental Protection Agency (EPA) from: (1) finalizing, adopting, implementing, administering, or enforcing the proposed guidance described in the notice of availability and request for comments entitled "EPA and Army Corps of Engineers Guidance Regarding Identification of Waters Protected by the Clean Water Act"; or (2) using such guidance, any successor document, or any substantially similar guidance made publicly available on or after December 3, 2008, as the basis for any decision regarding the scope of the Federal Water Pollution Control Act (commonly known as the Clean Water Act) or any rulemaking. Provides that use of such guidance or document as the basis for any rule shall be grounds for vacating such rule.