Hearing of the Senate Environment and Public Works Committee - Legislative Hearing on S. 1140, The Federal Water Quality Protection Act

Hearing

Good morning and thank you all for being here today to discuss an important bipartisan bill, offered by my colleague Senator Barrasso. I am proud to be an original cosponsor of S. 1140, The Federal Water Quality Protection Act, as this bill would address many of the concerns we've all been hearing regarding the EPA and Army Corps' proposed "waters of the United States" rule.

Over the last few months, we have held several hearings, including two in Alaska, on the proposed rule where we heard testimony from a variety of witnesses including the EPA Administrator, Assistant Secretary of the Army, state and local government representatives, as well as other stakeholders. This bill is a continuation of those efforts and would require the agencies to withdraw the current proposed rule and issue a revised proposal that adheres to a series of principles, only after completing numerous procedural requirements bypassed the first time around.

Three-fifths of the states oppose the proposed rule along with more than 300 trade groups and associations from across the country. While it is Congress's job to prevent this massive expansion of federal jurisdiction, we must do it in a way that protects our waters and allows states the opportunity to fulfill their roles as co-regulators under the Clean Water Act (CWA).

A huge percentage of Alaska already falls under federal CWA jurisdiction. This means that those building or doing business on or near these waters have to wrangle with the federal government to obtain costly permits and approval. While there is no doubt that many of these waters, such as the Yukon, Kuskokwim, and Susitna rivers, and their tributaries, are clearly jurisdictional under the Clean Water Act, the proposed rule seeks to go further and would encompass many waters that Congress never intended to be jurisdictional. This massive expansion of federal authority will have harsh consequences for not only industry but state and local governments charged with protecting their own unique resources.

Alaska has some of the cleanest waterways in the world resulting in vibrant, world class fisheries and award-winning drinking water. We need to ensure that any effort to clarify federal jurisdiction under the CWA does not jeopardize these characteristics that are so fundamental to the identity of Alaska.

Today we are here to discuss a bipartisan bill that would not only help to clarify jurisdiction and prevent unlawful federal overreach, but it would also help to ensure that the protection of Alaska's precious resources remain in the hands of those who live near and rely on them.

Thank you all again for being here this morning and I look forward to hearing from our witnesses.

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