Water Resources Development Act of 2013 - Continued

Floor Speech

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Mr. BARRASSO. Mr. President, this amendment restricts expansion of Federal authority, and it is a Federal authority attempting to encompass all the wet areas of farms, ranches, and suburban homes all across America, so this amendment is designed to restrict that expansion of Federal authority.

Specifically, the amendment eliminates this administration's guidance to implement this expansion of Federal authority. Through proposed guidance--that is the key phrase here, ``guidance''--Federal agencies are preparing to expand the definition of ``waters of the United States.'' I think it would make sense that people would inherently understand what waters of the United States would be. But the Federal Government is preparing to expand the definition to include ditches, including dry areas--other dry areas where water happens to flow and when it only flows even for a short duration after a rainfall. The American people know that should not be considered waters of the United States. Federal regulations have never defined ditches and other upland drainage features as ``waters of the United States.'' But this draft guidance coming out of Washington does do that, and it will have a huge impact on farmers, ranchers, and small businesses that need to put a shovel in the ground to make a living. The EPA and the Army Corps of Engineers' guidance amounts to a Federal user fee for farmers and ranchers to farm the land they own.

Just as troubling as ignoring congressional intent, the guidance absolutely disregards the fundamental tenet embodied in two decisions of the U.S. Supreme Court. One is the SWANCC decision and the other is the Rapanos decision. Those are decisions that say there are actual limits to Federal jurisdiction. It is particularly troubling to me and to others around the country--and certainly at home in Wyoming it is particularly troubling--that the guidance allows the Army Corps of Engineers and the EPA to regulate waters now considered entirely under State jurisdiction. As somebody who has served in the State legislature, talking to the Presiding Officer as someone who has served as a Governor of his State, we know the key importance of State jurisdiction in making local decisions.

This guidance would grant the Environmental Protection Agency and the U.S. Corps of Engineers virtually unlimited--virtually unlimited--regulatory control over all wet areas within a State.

In addition, if this guidance is allowed to go forward--the guidance I am attempting to prevent to protect Americans from today--enormous resources are going to be needed to expand the Clean Water Act Federal regulatory program, which could lead to longer delays, and the delays today are significant. Increased delays in securing permits are going to impede a host of economic activities in Wyoming as well as in all of our other States. Commercial and residential real estate development, agriculture, electric transmission, transportation, and mining will all be affected. These are not sectors of our economy we ever want to deliberately hurt, but we certainly would not want to vote for guidance that would harm these sectors while we are in economic times such as these.

That is why I come to the floor with this amendment. I will be urging a ``yes'' vote on this amendment No. 868 at the appropriate time, to continue with the rights and responsibilities of the States and the private landowners impacting this significant water which is the lifeblood of our States.

Thank you very much. I yield the floor, and I note the absence of a quorum.

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Mr. BARRASSO. Madam President, this amendment restricts the expansion of Federal authority to encompass all wet areas of farms, ranches, and suburban homes across the United States. They want to do it through guidance, this proposed guidance that is used by Federal agencies. It seems that they are preparing to expand the definition of waters of the United States to include ditches and other dry areas where water flows only for a short duration after a rainfall.

This guidance is going to have a huge impact on farmers, ranchers, and small businesses that need to put a shovel in the ground to make a living. This guidance will, in fact, trump States rights by preempting State and local governments from making local land and water use decisions.

I have always believed the State and local governments, not Washington, know best how to protect their communities from environmental harm. The guidance does exactly the opposite and puts the power of these decisions in the hands of bureaucrats in Washington.

I yield the floor.

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