Mr. Chairman, I have an amendment at the desk. Mr. Chairman, this amendment seeks to preserve our current Clean Water Act protections for our rivers, streams, and wetlands. Our Nation's river systems…
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, this amendment seeks to preserve our current Clean Water Act protections for our rivers, streams, and wetlands. Our Nation's river systems and wetlands provide values that no other ecosystem can. These include: natural water quality improvement, flood protection, shoreline erosion control, recreation, general aesthetic appreciation, and natural products for our use at no cost.
Yet section 430 of this bill seeks to undermine the critical balance between protecting these waters and the day-to-day operations of our Nation's farmers, ranchers, and foresters. Under current law, farmers, ranchers, and foresters can carry out their normal operations in any waterbody without securing a Clean Water Act permit.
So what this means is farmers can continue to plow their fields, including potential wet areas that have been farmed for decades, plant their seeds, harvest their crops, without ever having to obtain approval under the Clean Water Act.
Any normal farming, ranching, and forestry exemption is going to include minor limitations. For example, a farmer cannot use the current exemption to convert his farmland to a residential development without obtaining a permit. And a rancher can't use the exemption to plow under a wetland to expand his reach of grazing lands. And forestry operations cannot use this exemption to change the course of a local stream to improve drainage on their growing lands.
In short, the way the Clean Water Act currently operates is to allow normal ranching, farming, forestry operations to continue without a permit, unless the activities either change or convert the use of the waterbody to a new purpose, or impair the historic flow or reach of a stream or wetland.
So if the planned activity triggers any of these limitations, the current law requires the activity to obtain a permit. That is perfectly reasonable. But section 430 of this bill would, in essence, provide an absolute clean water exemption for impacts to any streams or wetlands that happen to be on agriculture, ranching, or forestry lands, regardless if they have any relation to these activities.
Mr. Chairman, this is a fundamental change to the Clean Water Act, and one where the impacts have never been explored. When the EPA was asked what the impact of this amendment would be, here was their response:
This amendment would be a significant departure from almost
40 years of implementation of the Clean Water Act by
eliminating the existing provision requiring that the
exemptions apply only to normal, as in established or
ongoing, farming practices.
This change could result in the loss or impairment of thousands of acres of valuable wetlands and other waters where land is converted to agriculture.
Mr. Chairman, we should not be using an appropriations bill to change Federal policy related to the protection of our Nation's rivers and streams. To the best of my knowledge, no hearings or investigations on the impacts of this provision have been held.
If this Congress is interested in overturning almost 40 years of Clean Water Act precedent, regular order would require hearings before the House Committee on Transportation and Infrastructure, which has sole jurisdiction over the Clean Water Act, and approval by that committee before consideration on the floor.
This rider is bad policy for the protection of our environment, for the protection of human health, and bad policy for the protection of our public safety.
Mr. Chair, I urge support for my amendment, and I reserve the balance of my time.
Mr. Chairman, I thank the perspective of the chairman of the Appropriations Subcommittee on this. I think our clear understanding is that the exemptions, as currently written, allow for all normal farming, ranching, forestry activities, and that the permit would only be required when there is a substantial difference from the activity as it has gone on before, and that this is the way the law has been interpreted and enforced for the last 40 years.
Mr. Chair, I yield back the balance of my time.
Mr. Chairman, my amendment would strike section 431.
Section 431 does two things. First, it withdraws the Clean Water Rule. Second, and more importantly, it breaks procedure and creates a loophole so that the removal of the Clean Water Rule does not have to abide by the Administrative Procedure Act.
In essence, we are creating a loophole to eliminate a rule, a rule requested by the Supreme Court and one that took several years to put together. This elimination without allowing tweaks, thoughtful removal, or comment is a radical and dangerous precedent.
In fact, 80 Members of Congress and I actually asked for an extension of the 30-day comment period to eliminate the Clean Water Rule to allow the American people to have a say. The Trump administration agreed with us and extended the comment period an additional 30 days. I don't get to say that too often.
So clearly, there is a desire for a comment period, as evidenced by our letter and the administration's decision to appropriately extend the comment period, but the language in this bill would eliminate that process completely.
I include in the Record the request for extension.
Congress of the United States,
Washington, DC, June 29, 2017.
Re Request for Extension of Comment Period on EPA and Corps
Proposed Rule Defining Waters of the United States under
the Clean Water Act.
Administrator Scott Pruitt,
Environmental Protection Agency (EPA),
Washington, DC.
Attention: Docket ID No. EPA-HQ-OW-2017-0203
Dear Administrator Pruitt: We request a minimum 90 day
extension to the proposed 30-day comment period to rescind
the 2015 Clean Water Rule, 80 Fed. Reg. 37054 (Jun. 29,
2015).
The Environmental Protection Agency and the U.S. Army Corps
of Engineers (Corps) finalized the Clean Water Rule to
clarify the scope of waters protected under the Clean Water
Act. The EPA and the Corps solicited comments on the Rule for
over 200 days. In accordance with Administrative Procedure
Act, the agencies first established a public comment period
for 90 days and extended the comment period twice in response
to extension requests. The final rule reflected over 1
million public comments on the proposal, the substantial
majority of which supported the Clean Water Rule.
The agencies also initiated an extensive public outreach
effort, including over 400 meetings across the nation with
various stakeholders, including but not limited to: states,
small businesses, farmers, academics, miners, energy
companies, counties, municipalities, environmental
organizations, and other federal agencies. The agencies
incorporated these comments into the final Clean Water Rule.
President Trump's Executive Order 13778 directs EPA and the
Corps to evaluate whether to revise or rescind the Clean
Water Rule, ``as appropriate and consistent with law.'' We
ask that as you examine the Clean Water Rule, like the prior
administration, you engage in a thoughtful and comprehensive
process bound in scientific fact.
Americans depend on clean water for their health and
livelihood. More than 117 million Americans rely upon
drinking water from public water systems that draw supply
from headwater, seasonal, or rain-dependent streams that were
vulnerable to pollution before the Clean Water Rule. As such,
the decision to roll back the Clean Water Rule cannot be made
in haste.
We are concerned that the EPA has provided limited time and
opportunity for stakeholder involvement and official public
comment. Any proposed rulemaking must include sufficient time
and participation to gather input from concerned and affected
parties, including those whose legal rights and
responsibilities will be affected by this effort. For
example, the 2015 Clean Water Rule provided legal certainty
that regulatory-defined water features, such as stormwater
control features, wastewater recycling structures, and
puddles, are not covered by the Clean Water Act. However,
that certainty would be eliminated if the 2015 Clean Water
Rule were rescinded.
Given the history of engagement on this issue and the fact
that parties may be subject to greater regulatory uncertainty
by this effort, a comment period of 30 days does not allow
for meaningful engagement from the public and stakeholders.
The Clean Water Rule is robust and ensures that water
sources are protected by taking into account the connected
systems of water, from wetlands and seasonal bodies of water
to large rivers and lakes. The requirements of the Rule were
meticulously developed and addressed longstanding
uncertainty, improving our national commitment to protect not
only America's water, but the American people. If the Clean
Water Rule is revised or rescinded, the process must be
comprehensive and deliberative.
We ask that you take into consideration the opinions of the
American public by extending the comment period, allowing for
respectful debate. We look forward to hearing from you.
Sincerely,
Donald S. Beyer Jr., Brenda L. Lawrence, Gerald E. Connoll,
Grace F. Napolitano, Matthew A. Cartwright, Barbara Lee,
Keith Ellison, Jared Polis, Paul D. Tonko, Niki Tsongas,
Jackie Speier, Carol Shea-Porter, Debbie Dingell, Gwen Moore,
Katherine Clark, Mike Quigley, Raul M. Grijalva, Earl
Blumenauer, Zoe Lofgren, Donald M. Payne, Jr., Anthony G.
Brown, James P. McGovern, David E. Price, Alan Lowenthal,
Madeleine Z. Bordallo, Daniel W. Lipinski, Cedric L.
Richmond, Louise M. Slaughter, Colleen Hanabusa, Bonnie
Watson Coleman, Carolyn B. Maloney, Jared Huffman, Jerry
McNerney, Gregorio Kilili Camacho Sablan, Naette Diaz
Barragan, Bill Foster, Jamie Raskin, Betty McCollum, John
Sabanes.
Jerrold Nalder, Suzanne Bonamici, Steve Cohen, Marcia L.
Fudge, Beto O'Rourke, Grace Meng, Mark Pocan, Anna G. Eshoo,
Ted W. Lieu, John Yarmuth, Alma Adams, Alcee L. Hastings,
Adam Smith, A. Donald McEachin, Tony Cardenas, Dwight Evans,
Brendan F. Boyle, James R. Langevin, Salud O. Carbajal,
Joseph P. Kennedy, III, Judy Chu, Eliot L. Engel, Jan
Schakowsky, Richard E. Neal, Pramila Jayapal, Lisa Blunt
Rochester, Yvette D. Clarke, Jose E.
Serrano, Daniel T. Kildee, Robert C. ``Bobby'' Scott, Debbie
Wasserman Schultz, William R. Keating, Stephen F. Lynch,
Doris Matsui, Richard M. Nolan, Elizabeth H. Esty, Pete
Aguilar, Adam B. Schiff, Marcy Kaptur, J. Luis Correa, Scott
Peters.
So is this our new status quo, that once an industry decides it doesn't like how a regulation turns out, we eliminate that regulation without comment or consideration for the various stakeholders or its value.
We are eliminating the process here that we, Congress, put in place to ensure that those regulations were being considered, adjusted, or even removed, that they were done thoughtfully and while keeping stakeholders, like the American people, in mind.
It could be any rule, but the rule at stake this time is the Clean Water Rule. Over 100 Members of Congress joined me to reinforce the value of the Clean Water Rule, because without it, the streams that help supply public drinking water serving one in three Americans will be at risk.
Rolling back the Clean Water Rule cannot be made in haste and without stakeholder input. Clarity was needed in light of the Supreme Court rulings in 2001 and 2006 about uncertainty of the scope of the waters protected under the act.
The EPA and the Corps held a lengthy and inclusive public rulemaking process, 200 days of public comment, 400 meetings across the Nation, and the rule reflected over 1 million public comments on the proposal, the substantial majority of which supported the Clean Water Rule.
So we are overruling, essentially, 1 million comments and 400 meetings to do this without the appropriate administrative process.
So if it is withdrawn, I simply ask that the process be comprehensive and deliberative, and the bill does not allow for that.
With this rule at stake, this time it is the Clean Water Rule, but it could be any rule going forward.
Mr. Chair, I include in the Record a letter from Members of Congress to Administrator Scott Pruitt opposing the proposed rule to rescind the Clean Water Rule.
Congress of the United States,
Washington, DC, August 18, 2017.
Hon. Scott Pruitt,
Administrator, Environmental Protection Agency, Washington,
Mr. Chair, I urge my colleagues to support the amendment, and I reserve the balance of my time.
Mr. Chair, I yield 1 minute to the gentlewoman from Minnesota (Ms. McCollum).