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Senate Resolution 9 - Introduced
An Act 1urging the United States environmental
2protection agency and the United States army corps
3of engineers to withdraw vague regulations that
4threaten to impose complicated and overreaching
5restrictions upon Iowa farmers.
6WHEREAS, Iowa has 84,900 farms accounting for 30.5
7million acres of land dedicated to farming with more
8than 95 percent of Iowa farms owned by families;and
9WHEREAS, Iowa farmers actively participate
10in watershed protection projects, and advance
11implementation of the Iowa nutrient reduction
12strategy;and
13WHEREAS, Iowa farmers have installed and
14maintain soil and water conservation practices,
15and land use management practices, that decrease
16erosion and precipitation-induced surface runoff,
17increase water infiltration rates, and increase soil
18sustainability;and
19WHEREAS, soil and water conservation practices have
20been designed and installed for use over multiple
21years, and include wetlands, bioreactor systems, filter
22strips, saturated buffers, and terraces;and
23WHEREAS, land use management practices include
24no-till planting, contour farming, the rotation of land
25for pasture and hay, and the use of cover crops and
26conservation cover;and
27WHEREAS, the United States environmental protection
28agency and the United States army corps of engineers
-1-1are attempting to implement vague regulations that
2threaten to impose complicated and overreaching
3restrictions upon Iowa farmers based on an unreasonable
4interpretation of what constitutes a statutory
5qualification of “navigable waters”;and
6WHEREAS, the Clean Water Act authorizes federal
7regulation of “navigable waters” meaning “waters of
8the United States” pursuant to 33 U.S.C.§§1311(a) and
91362(12);and
10WHEREAS, the effect of the regulations would extend
11federal jurisdiction over farmland without navigable
12waters in a manner that would circumvent ongoing
13soil and water conservation practices, and land use
14management practices;and
15WHEREAS, on October 3, 2022, the first day of
16its term, the United States Supreme Court heard
17oral arguments in the case Sackett v.Environmental
18Protection Agency in which the Court will revisit this
19issue;NOW THEREFORE,
20BE IT RESOLVED BY THE SENATE, That the United States
21environmental protection agency and the United States
22army corps of engineers are urged to immediately
23withdraw the regulations and redraft regulations that
24include a practical definition of “navigable waters”
25that does not lead to absurd results;and
26BE IT FURTHER RESOLVED, That copies of this
27resolution be sent to Mr.Michael S.Regan,
28administrator of the environmental protection agency
29and Lieutenant General Scott A.Spellmon, chief of
30engineers and commanding general of the United States
-2-1army corps of engineers.
-3-da/rn
An Act 1urging the United States environmental
2protection agency and the United States army corps
3of engineers to withdraw vague regulations that
4threaten to impose complicated and overreaching
5restrictions upon Iowa farmers.
6WHEREAS, Iowa has 84,900 farms accounting for 30.5
7million acres of land dedicated to farming with more
8than 95 percent of Iowa farms owned by families;and
9WHEREAS, Iowa farmers actively participate
10in watershed protection projects, and advance
11implementation of the Iowa nutrient reduction
12strategy;and
13WHEREAS, Iowa farmers have installed and
14maintain soil and water conservation practices,
15and land use management practices, that decrease
16erosion and precipitation-induced surface runoff,
17increase water infiltration rates, and increase soil
18sustainability;and
19WHEREAS, soil and water conservation practices have
20been designed and installed for use over multiple
21years, and include wetlands, bioreactor systems, filter
22strips, saturated buffers, and terraces;and
23WHEREAS, land use management practices include
24no-till planting, contour farming, the rotation of land
25for pasture and hay, and the use of cover crops and
26conservation cover;and
27WHEREAS, the United States environmental protection
28agency and the United States army corps of engineers
-1-1are attempting to implement vague regulations that
2threaten to impose complicated and overreaching
3restrictions upon Iowa farmers based on an unreasonable
4interpretation of what constitutes a statutory
5qualification of “navigable waters”;and
6WHEREAS, the Clean Water Act authorizes federal
7regulation of “navigable waters” meaning “waters of
8the United States” pursuant to 33 U.S.C.§§1311(a) and
91362(12);and
10WHEREAS, the effect of the regulations would extend
11federal jurisdiction over farmland without navigable
12waters in a manner that would circumvent ongoing
13soil and water conservation practices, and land use
14management practices;and
15WHEREAS, on October 3, 2022, the first day of
16its term, the United States Supreme Court heard
17oral arguments in the case Sackett v.Environmental
18Protection Agency in which the Court will revisit this
19issue;NOW THEREFORE,
20BE IT RESOLVED BY THE SENATE, That the United States
21environmental protection agency and the United States
22army corps of engineers are urged to immediately
23withdraw the regulations and redraft regulations that
24include a practical definition of “navigable waters”
25that does not lead to absurd results;and
26BE IT FURTHER RESOLVED, That copies of this
27resolution be sent to Mr.Michael S.Regan,
28administrator of the environmental protection agency
29and Lieutenant General Scott A.Spellmon, chief of
30engineers and commanding general of the United States
-2-1army corps of engineers.
-3-da/rn