Mr. Speaker, I yield myself such time as I may consume. Clean water is a human right, and the health and safety of our communities and the success of our economy depend upon it. House Democrats stand for clean water, and today, I rise to…
Mr. Speaker, I yield myself such time as I may consume.
Clean water is a human right, and the health and safety of our communities and the success of our economy depend upon it.
House Democrats stand for clean water, and today, I rise to oppose H.J. Res. 27.
Last Congress, we passed a bipartisan, once-in-a-generation investment in our Nation's infrastructure through the bipartisan infrastructure law, investing almost $13 billion in clean water infrastructure upgrades and creating jobs in communities across this country.
The BIL showed what Congress can do when we focus on the needs of American families. Yet, instead of putting people over pollution, this CRA does the opposite.
Now, my State of Washington is defined by its clean water, including the health of the Puget Sound and the hundreds of lakes and thousands of miles of rivers and streams throughout the State.
My constituents know that rivers, streams, and wetlands, are intrinsically connected. Pollution that starts in one body of water does not stay put.
House Democrats believe we can protect clean water, while providing certainty to businesses, to farmers, to Americans who depend upon clean water for their lives and livelihoods.
This is especially true for the 117 million Americans who depend on smaller streams as a source of their drinking water at a time when many States are facing historic droughts.
My colleagues on the other side of the aisle say they want clean water rules that are simple, clear and easy to follow. I want that, too.
The Biden administration's Clean Water Restoration Rule does exactly that; following the law and the science of protecting clean water and providing regulatory certainty and stability to the implementation of the Clean Water Act.
This resolution does the opposite. This resolution will not bring back the previous administration's Navigable Waters Protection Rule, which removed Federal protections on roughly half of the Nation's wetlands and 70 percent of its rivers and streams.
That rule was rightly rejected by a Federal court in 2021, as ``fundamentally flawed'' and likely to cause ``serious environmental harm'' every day it remained in effect. It is off the table entirely.
This resolution before us today will also not eliminate the use of the ``significant nexus'' test because that test was mandated by the U.S. Supreme Court. It has been in effect since the Bush administration and remains in place today.
However, this resolution will adversely impact farmers, ranchers, and developers by creating regulatory chaos and eliminating important exclusions that have been codified in the new rule to help water- dependent businesses and farmers to understand and comply with the law.
Now, despite fear-mongering on this issue, the truth is simple. The Biden proposal will have no impact on the average family farmer in this country. Why? That is because farmers are, by law, largely exempt from the Clean Water Act permitting requirements where less than 1 percent of all annual wetlands permits relate to agricultural activities nationwide.
Therefore, if your farm is engaged in normal farming, forestry, and ranching activity, or undertakes the construction or maintenance of a farm, stock pond, or irrigation ditch, you are exempt from the permitting requirements of the act, and the current proposal does not change that exemption.
Finally, for those waiting to see whether the Supreme Court will somehow fix this issue in the upcoming Sackett case, this resolution will actually hinder the ability of the Corps and the EPA to respond to the Supreme Court's potential recommendations later this year.
That is why this resolution before us makes no sense. It would invalidate the Biden rule and all the clarifications and exceptions for business it contains in favor of a similarly structured but much less clear regulatory framework. That is a recipe for uncertainty, legal battles, and continued gridlock, the opposite of what proponents say they are looking for. It would also tie the hands of Federal agencies seeking to help individuals comply with the law, unless Congress acts again.
This shortsighted action will lessen, not increase, certainty. It is a big mistake. I support the administration's efforts to efficiently implement the critical water infrastructure investments included in the BIL so we can begin to realize the public health, economic, and environmental benefits that come with clean water.
This resolution represents a giant step backward for clean water, increases uncertainty for farmers, homebuilders, roadbuilders, and all American families, and doubles down on the infighting and chaos.
I urge my colleagues to join me in opposing H.J. Res. 27 and move together toward a future with predictability for those that need it and clean water for communities that cannot survive without it.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 3 minutes to the gentlewoman from New Mexico (Ms. Stansbury).
Mr. Speaker, I include in the Record a list of 91 organizations in opposition to H.J. Res. 27 and an open letter to Congress from the Environmental Protection Network in opposition to H.J. Res. 27.
Organizations in Opposition to H.J. Res. 27, Resolution of Disapproval
of Biden Clean Water Restoration Rule
350.org, A Community Voice, Alabama Rivers Alliance, Alaska
Community Action on Toxics, Alliance for the Great Lakes,
Alliance of Nurses for Healthy Environments, American
Geophysical Union, American Public Health Association,
American Rivers, American Sustainable Business Network,
Amigos Bravos, Anthropocene Alliance, Appalachian Trail
Conservancy, Associacion de Residentes de La Margaita, Inc.,
Atchafalaya Basinkeeper, Black Millennials 4 Flint, Cahaba
River Society, California Environmental Voters, Center for
Biological Diversity, Center for Environmental
Transformation, Chesapeake Bay Foundation, Children's
Environmental Health Network, Clean Water Action.
Clean, Healthy, Educated, Safe & Sustainable Community,
Inc., Coalition for Wetlands and Forests, Committee on the
Middle Fork Vermilion River, Community In-Power and
Development Association Inc. (CIDA Inc.), Concerned Citizens
for Nuclear Safety, Concerned Citizens of Cook County
(Georgia), Conservation Alabama, Earthjustice, Environment
America, Environment Texas, Environmental Law & Policy
Center, Environmental Working Group, For Love of Water
(FLOW), FreshWater Accountability Project, Freshwater Future,
Friends of Buckingham, Friends of the Mississippi River, Gila
Resources Information Project, Greater Edwards Aquifer
Alliance, Greater Neighborhood Alliance of Jersey City, NJ,
GreenLatinos, Groundswell Charleston SC.
Gullah/Geechee Sea Island Coalition, Healthy Gulf, Hispanic
Federation, Idaho Rivers United, Illinois Council of Trout
Unlimited, Izaak Walton League of America, Lake Pepin Legacy
Alliance, Lawyers for Good Government (L4GG), League of
Conservation Voters, Lynn Canal Conservation, Maine
Conservation Voters, Malach Consulting, Michigan League of
Conservation Voters, Milton's Concerned Citizens, Mississippi
River Collaborative, Missouri Confluence Waterkeeper, Montana
Conservation Voters, MS Communities United for Prosperity
(MCUP), National Parks Conservation Association, National
Wildlife Federation, Natural Heritage Institute, Natural
Resources Defense Council, NC League of Conservation Voters.
New Mexico Climate Justice, New Mexico Environmental Law
Center, New York League of Conservation Voters, Northeastern
Minnesotans for Wilderness, Ohio River Foundation, Patagonia
Area Resource Alliance, PES, Rapid Creek Watershed Action,
Renewal of Life Trust, River Network, Save the Illinois
River, Inc., STIR, Serene Wildlife Sanctuary LLC, Sierra
Club, Southern Environmental Law Center, Surfrider
Foundation, The Clinch Coalition, The Water Collaborative of
Greater New Orleans, Tookany/Tacony-Frankford Watershed
Partnership, Virginia League of Conservation Voters,
Washington Conservation Action, Waterkeepers Chesapeake,
Weequahic Park Association, Winyah Rivers Alliance.
Mr. Speaker, I yield 3 minutes to the gentlewoman from California (Mrs. Napolitano), the ranking member of the Water Resources and Environment Subcommittee.
Mr. Speaker, I yield 4 minutes to the gentlewoman from Ohio (Mrs. Sykes).
Mr. Speaker, I yield 2 minutes to the gentleman from Virginia (Mr. Beyer).
Mr. Speaker, I yield 2 minutes to the gentlewoman from New York (Ms. Velazquez).
Mr. Speaker, I yield myself such time as I may consume.
I just want to make a note that the argument that this is like a taking does not hold any water--excuse the pun--because a 1992 case in the Supreme Court determined that rules like this actually do not qualify as a taking under the U.S. Constitution or under U.S. law.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume just to go back to an argument a previous speaker made about the Democrats having the majority in the House, the Senate, and the Presidency.
It also should be on the Record that the other side of the aisle had the majority in the House, the Senate, and the Presidency in 2017 and 2018 and also did nothing on this rule. It wasn't important enough for them to do anything.
Then the President's rule at the time moved forward, and it was tossed by two different courts. It was rejected by the courts, which leaves us in this position where we are today of playing ping-pong with the waters of the U.S. rule.
Our argument today is: Let's bring certainty to the Clean Water Act, bring certainty to the waters of the U.S., reject H.J. Res. 27, and move forward with the existing rule from the current administration.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to be clear that I do agree with some of the comments made by the previous speaker that this has been a ping-pong match among administrations over the last 10 years where all Americans have lived under various definitions of this rule.
I, too, want to end that ping-pong match which is why I am calling on the House of Representatives to vote ``no'' on this resolution and get on with the certainty that the current administration's rule provides.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I continue to reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
This debate we are having today is only about clean water, and we need to put people and clean water above pollution. The administration has a rule that provides certainty, and we should move forward on that. But this debate is about clean water.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I do have to address the comment about who cares about rural America. I am not making an argument today that any one party or any one person cares more about rural America.
However, if we are going to support rural America, keep implementing the bipartisan infrastructure law, which puts $65 billion into broadband, including billions of dollars to expand broadband into rural areas--something happening in my State and States around the country.
Pass comprehensive immigration reform so there is a supply of workers in this country, including farmworkers.
Open up trade agreements. Open up trade for agriculture, including ag in my State, in my own district for the milk producers, the potato producers, the raspberry and blueberry producers, who are exporting product all over the country.
That is what it means--at least on my side of the State--to support rural America.
I support rural America, and a lot of folks in this Chamber on both sides support our farmers and rural America. Let's take action to do just that.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I continue to reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I will note that in the current administration's rule the agencies added six additional exclusions to the regulatory text for generally nonjurisdictional features under the pre-2015 regulatory effort and continues the agencies' two longstanding exclusions for wastewater treatment systems and prior converted farmland.
In addition, the final rule continues the agencies' longstanding regulatory definition of wetlands, as well. Now, that changed a longstanding definition of wetlands, something that again adds to the certainty of the rule as well as with the six additional exclusions creates more exclusions than in the Bush-era rule.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself the balance of my time to close.
Last year, this Congress came together to provide historic investments in our Nation's infrastructure through the bipartisan infrastructure law, providing communities with almost $13 billion in clean water infrastructure upgrades and creating jobs.
These clean water investments help areas like Skagit County, where I am from, which has used the Clean Water State Revolving Fund money to protect the water quality of Gilligan Creek, the drinking water source for many in that county.
Every day, more and more American families are realizing the public health, economic, and environmental benefits of the bipartisan infrastructure law, benefits that will continue as additional BIL resources are made available and implemented across the country.
The BIL is what Congress can do at its best. This resolution is not.
This resolution provides no benefits to public health. It seeks to eliminate protections for rivers, streams, and wetlands, many of which serve as a source of drinking water for hundreds of millions of Americans.
This resolution provides no benefits to our economy as a whole. It not only casts aside a time-tested, scientifically based tool to implement the Clean Water Act, but then further blocks the Corps of Engineers and the EPA from providing any additional clarity to businesses, farmers, and homebuilders going forward.
In short, this resolution is a recipe for uncertainty, for litigation, for continued gridlock, the very things that my friends on the other side of the aisle are really trying to avoid, as we are as well.
This resolution is a step backward for clean water. It is a step backward for certainty. I urge my colleagues to see this resolution for what it is. It is not for clean water. It is an attack on our clean water future. It fails to provide clarity. It fails to provide consistency for our businesses, our farmers, and for many in our communities who rely on clean water who are not businesses, who are not farmers, who are not ranchers. Many of those folks look to Congress to ensure clean water, as well.
Mr. Speaker, I am urging my colleagues to vote ``no'' on H.J. Res. 27, and I yield back the balance of my time.