I yield 2 minutes to the gentleman from New Mexico (Mr. Pearce). Mr. Chairman, I yield 2 minutes to the gentleman from Oklahoma (Mr. Boren). Mr. Chairman, I yield 2 minutes to the gentleman from Kansas (Mr. Tiahrt). Mr. Chairman, I yield…
I yield 2 minutes to the gentleman from New Mexico (Mr. Pearce).
Mr. Chairman, I yield 2 minutes to the gentleman from Oklahoma (Mr. Boren).
Mr. Chairman, I yield 2 minutes to the gentleman from Kansas (Mr. Tiahrt).
Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I like a good demagoging just like anybody else, but this is not terribly relevant to everything we have said here to this bill or what has actually happened.
Mr. Miller a little while ago made an analogy to a loan that could be changed from time to time. The problem is if you have got a 4 percent rate for 10 years fixed and the bank comes along and says, it has been 5 years and I want to take that up to 8 percent, you are going to say forget you, I have got a contract that keeps me at 4 percent for 10 years, not 5. And then the courts are going to uphold what you are saying. Also if you say, well, I have got a way here where I can blackmail you and you will come across, the court is going to come down on you like a ton of bricks.
Now, we could do that that the gentleman suggests, but the problem is we are going to spend lots of money, the courts are going to uphold the law because the Constitution and the law are still in place in this country.
Now, a lot of people might not want it to be. I cannot remember and do not know why the Clinton-Gore administration overlooked this and did not put a rate after the rates rose a certain number and royalties were beginning to flow, but they did not. Now, that was caught and after that any drilling in that area is going to pay a royalty.
We have got a small period of time. We cannot do anything about it. If I sell my car for $200 and then later find out it is worth $600 and I have signed a contract, we have a law that says I have got to sell that car for $200. And if I try to get around that, I will pay twice because I will pay all my legal fees, I will pay any sort of penalties, any blackmail money, and I will still lose my car for $200.
So that is pretty much where we are now, and I would say we need to vote against this. We do not want to waste any more money from the mistake that was made in 1998 and 1999.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, we accept this amendment.
Mr. Chairman, the amendment requires Federal agencies to comply with the requirements of an Executive Order that deals with instituting energy efficiency improvements in Federal buildings and reporting on progress in that regard.
We have no objection to the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I yield 3 minutes to the gentleman from California (Mr. Pombo).
Mr. Chairman, I yield 5 minutes to the gentleman from Alaska (Mr. Young).
(Mr. YOUNG of Alaska asked and was given permission to revise and extend his remarks.)
Mr. Chairman, I yield such time as he may consume to the gentleman from Virginia (Mr. Goodlatte).
Mr. Chairman, I yield 2 minutes to the gentleman from New Mexico (Mr. Pearce).
Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, we are talking about roads. The roads are used for many things, recreation, all those sorts of things. Over 90 percent of the Tongass is unroaded, won't be roaded and so forth.
It ought to be that forests in America, managed the best in the world, should be providing the resources for all over the world. For instance, if we don't have wood, we will have to rely on steel or plastic. Steel takes lots more energy, about eight times as much to make a steel 2 by 4 versus a wooden 2 by 4, and plastic, we know what that comes from.
Mr. Chairman, I urge defeat of this amendment.
Mr. Chairman, I reserve a point of order on the amendment.
If the gentleman will yield.
The gentleman from New York is right, the National Park Service has notified the Interior Appropriations Subcommittee that due to its inability to complete an open bid before the expiration of the current extension in April 2007, the Park Service will have to temporarily
extend Circle Line's contract once again to prevent the disruption of service to Liberty Island.
If the gentleman will yield.
I agree with the gentleman from New York that the Circle Line contract set to expire March 2007 should not be extended. I look forward to working with the gentleman from New York, the chairman of the authorizing committee and the ranking member of this subcommittee to ensure that the new contract is in place as soon as possible and those responsible for the current delay are held accountable.
Mr. Chairman, will the gentleman yield?
Mr. Chairman, we will accept the amendment.
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I understand there is opposition being included in the Special Resource Study currently being conducted by the National Park Service.
Would the gentleman agree to work with the ranking member and myself to see if we can resolve that?
Mr. Chairman, I have no objection to the amendment.
Mr. Chairman, I reserve a point of order on the amendment.
Mr. Chairman, I withdraw my reservation of point of order and claim the time in opposition to the amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself such time as I may consume.
I would like to oppose this amendment strongly. On January 9, 2001, the Supreme Court ruled that there must be a significant and important connection between traditional navigable waterways and the wetlands or waters to be regulated by Federal agencies.
The EPA and the Corps of Engineers issued guidance to their field staff in 2003 clarifying that the Clean Water Act jurisdiction did not extend to isolated waters that are both intrastate and non-navigable. This guidance also clarifies that field staff should continue to assert jurisdiction over traditional navigable waters and adjacent wetlands and their tributaries systems and adjacent wetlands. Field staff was directed to make jurisdictional and permitting decisions on a case-by- case basis.
The plain text of the Clean Water Act emphasizes that Congress constructed the statute in a manner that intended, as the Supreme Court has articulated, to ``recognize, preserve, and protect the States' primary authority and responsibility over local land and water resources.'' Misguided efforts to expand the geographical scope of the Clean Water Act will create and exacerbate local land and water resource decisions with burdensome and costly Federal controls.
I will give you an example. Right now the Clean Water Act is being used in farms, with livestock, cattle primarily, to try to clean the streams where cattle are grazing.
If we allow the situation we have here for navigable waters to be translated to ditches, small tributaries with an ounce of water, the soil conservation today, and we are providing grants for soil conservation to take those streams, provide drinking water for cattle, and then enable them to go back into a stream which is fenced off, if we rule according to what has been asked here, we will find that the soil conservation will be barred from doing any sort of work in cleaning water. We will actually get dirtier water. We could have up to six agencies get involved in trying to clean up water on a farm. Not only will the cost be prohibitive, but the bureaucracy, because many of those agencies do not agree in this thing.
Eliminating this guidance will create confusion and could lead to the classification of ditches, drains, curbs, roads, gutters and erosion features as ``navigable water of the United States.'' Clearly, this goes beyond common sense, but it won't be the first time that the Federal Government has tried to force something like this.
Such an expansive regulatory reach would have the Federal Government interfering and frustrating local decisions regarding construction, operation, maintenance, management, transportation, flood control, and agricultural production.
For instance, soil water conservation, which would be working with the farmer, has an elected delegation inside the county, as well as the State delegations elected, and they are trying to do the right thing, and we are spending Federal money to help it. This could be stopped by the Corps of Engineers simply for bureaucratic action.
Eliminating this guidance would require Federal oversight of ditches, storm drains and sewers. These are local structures that are constructed and managed and maintained at the local level. We don't want the Corps of Engineers and all the bureaucracy that would be entailed to get down to a small storm drain or a small ounce of water on a farm. The cost would be prohibitive, and it would go against what the Clean Water Act is trying to do, and that is clean water for a special agriculture problem.
One critical consideration is the Supreme Court is expected to rule in two new Clean Water Act cases prior to the expiration of the current term in June. The decisions in these cases will provide important clarification of the geographic scope of the Clean Water Act jurisdiction. We should not act at this time on issues that are being actively deliberated by the Supreme Court.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 3 minutes to the gentleman from Utah (Mr. Bishop).
Mr. Chairman, I yield 2 minutes to the gentleman from Pennsylvania (Mr. Peterson).
Mr. Chairman, we have one more.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the gentleman ought to go talk to his farmers more, because if this passes the farmer will soon find out, Mr. Chairman, that he no longer can drain even a few drops of water out of his ditch and try to collect it or put it in a way that he can responsibly manage his farm, even if that has been done for years and years.
The Soil and Water Conservation has tried working with the EPA in this Clean Water Act to put common sense into these measures, to try to see that reality happens, that you can farm in a responsible way. In fact, they are doing more to clean up the water, especially in farms, by putting in systems that are drained into a central watering spot that is covered by fabric and stone, and then the cow will not contaminate the water that goes in it, rather than going into the streams themselves.
Now, there is much government money going into this. But the Corps right now will stop that any time, any time that they get a chance. And I know that in my home. And that is why the Farm Bureau is against this group, the Home Builders, the American Forest and Paper, the National Association of Realtors, the National Rural Electric Cooperatives, and the Edison Electric Institute, the National Grange, the National Association of Counties, the National Cattlemen, and the National Corn Growers, because it goes beyond common sense.
We have been successful. I worked with the EPA, and we have tried to fund the EPA for clean water. But what we find often is if we have a rule, some people think that if we double or triple that rule it will be better. Actually, after you start and get a certain distance with that rule, it becomes corrupting in the sense that it disrupts the whole purpose of the original rule.
And that is what we are about to have here. The individuals landowners and the taxpayers certainly know what they can do inside small watershed areas. And the Soil and Water Conservation would be directly against this type of program, because they cannot have six agencies trying to manage the farms of the American people.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I would only point out that the gentleman's recommendation is entirely contrary to what is happening in a sense. The Soil and Water Conservation is trying to put small tributaries underground, put into a pond, a clean water pond, with fabric around it, and so forth, to cow's activities getting involved in the water.
Now that is what they are trying to do. The Corps is trying to oppose them in my own State, time after time. And we may have to get back and take money away that the Federal Government put forth for the Soil and Water Conservation, because the Corps bureaucratically says that one drop of water is in their control and the Corps has no authority.
Now, if you want to pollute streams, enact this bill and you will see on farms more and more activities that will be ignored. No farmer would get involved in this, and we will have to have a police state to go by every cow and every animal to see that there is any compliance.
Right now the farmer knows best and is the best steward of his lands. He is working with the Soil and Water Conservation, with elected members from that community, and they are doing a good job. Put more bureaucracy in it, we will bring it to a halt and create more pollution.
Mr. Chairman, Mr. Speaker, I rise today in support of the clean water amendment offered by my colleagues Mr. Leach, Mr. Oberstar, and Mr. Dingell.
This is an important amendment for public health and safe drinking water, for hunting, boating, and swimming, for protecting homes and businesses from floods, and for our economy, much of which depends on a clean environment, especially clean water.
That is why the 1972 Clean Water Act is one of the nation's most fundamental and popular environmental protection laws. Clean water is vital to almost every aspect of quality of life in our nation.
The policy adopted by the EPA and Army Corps of Engineers in 2003 undermines the Clean Water Act's promise of clean water for all Americans and is contrary to the letter and spirit of the law. It threatens to reverse decades of progress in cleaning up the nation's waters.
This policy is leaving many wetlands as well as headwater and seasonal streams without federal limits on water pollution. The policy tells the agencies' field staff they must get permission before applying Clean Water Act protections to certain so-called isolated waters, although that term is not used in the Clean Water Act to exclude waters from the law, nor is the term even defined in the policy, leaving it unclear at best what is and is not protected. No permission is needed before the EPA or Corps staff can deny protections for waters, and leave them open to pollution from sewage and industrial wastes, or even destruction.
The total number of streams at risk across the country--and consequences for drinking water health and safety--are significant and potentially severe.
Maintaining safe drinking water requires protecting the sources of drinking water--both surface water and groundwater supplies--from pollution. The EPA recently concluded that the majority of public drinking water systems that rely on surface waters get their water from ``source water protection'' areas that contain headwater streams or seasonal and intermittent streams.
Again, these are the very types of streams both I and my colleagues offering this amendment believe are most at risk of losing federal Clean Water Act protections under the agencies' policy.
According to the EPA's letter:
In total, over 90 percent of surface water protection areas
contain start reaches or intermittent/ephemeral streams.
Public drinking water systems which use these intakes (as
well as other sources) are estimated to provide drinking
water to over 110 million people.
If this policy continues, some or all of these source waters could lose federal Clean Water Act restrictions against water pollution, and the people who rely on these waters will either pay the price: either with dirtier water or higher costs for safe drinking water.
I hope all of my colleagues will join me today in voting to reaffirm protections from all of the nation's waters, including streams and wetlands, as the Clean Water At has always done. Vote for the Oberstar- Leach-Dingell clean water amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I reserve a point of order on the amendment.
Mr. Chairman, I certainly agree with the gentleman that the Federal regulations should be based on sound science, that rural communities should not be unfairly asked to pay additional, unnecessary costs for their drinking water.
I commend the gentleman for his efforts on the part of his constituents and for all the rural water users who are facing similar problems. I commit to work with the gentleman to see what can be done to fix this problem. The committee will be glad to facilitate a meeting with the EPA to address this important issue and see what can be done as we move this bill through conference with the Senate.
Mr. Chairman, will the gentlewoman yield?
Mr. Chairman, we would be happy to accept it, if the gentlewoman would explain it briefly.
Mr. Chairman, will the gentlewoman yield?
Mr. Chairman, we will be happy to accept this amendment also.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I love the gentleman from Colorado like a brother, but I am going to have to oppose his amendment. First of all, the bill has already been reduced $145 million below the $206 million level. The nine largest agencies in this bill have absorbed more than $2 billion in pay and other fixed costs over the past few years, and this bill assumes that several hundred millions of dollars more in costs will have to be absorbed.
The committee has done a responsible job, and one might say we gave at the office. We have already cut this bill about as much as we can. I have to oppose the gentleman's amendment.
Mr. Chairman, I reserve the balance of my time.
I yield back the balance of my time.
Mr. Chairman, I reserve a point of order on the amendment.
Mr. Chairman, I do insist on my point of order.
Mr. Chairman, I raise a point of order against the amendment because it proposes to change existing law and constitutes legislation in an appropriations bill. Therefore, it violates clause 2 of rule XXI.