House
Resolution
112
-
Introduced
HOUSE
RESOLUTION
NO.
112
BY
WILLS
A
Resolution
regarding
the
Environmental
Protection
1
Agency’s
definition
of
“waters
of
the
United
2
States”.
3
WHEREAS,
the
federal
Clean
Water
Act
and
4
implementing
regulations
of
the
past
four
decades
5
recognize
the
partnership
between
federal,
state,
and
6
local
governments
to
achieve
the
objectives
of
the
7
Act;
and
8
WHEREAS,
section
101(g)
of
the
Clean
Water
Act
9
expressly
states
that
“the
authority
of
each
state
to
10
allocate
quantities
of
water
within
its
jurisdiction
11
shall
not
be
superseded,
abrogated
or
otherwise
12
impaired
by
this
Act”;
and
13
WHEREAS,
the
United
States
Environmental
Protection
14
Agency
and
United
States
Army
Corps
of
Engineers
have
15
proposed
a
rule
to
redefine
“waters
of
the
United
16
States”
that
could
significantly
increase
the
costs
and
17
regulatory
requirements
for
state
and
local
governments
18
and
ultimately
the
costs
for
state
and
local
residents
19
and
businesses;
and
20
WHEREAS,
the
proposed
rule
provides
almost
unlimited
21
federal
jurisdiction
under
the
Clean
Water
Act,
impairs
22
state
authority
and
therefore
contravenes
congressional
23
intent,
and
is
not
consistent
with
three
distinct
24
rulings
by
the
Supreme
Court
regarding
the
limits
of
25
federal
jurisdiction;
and
26
WHEREAS,
the
proposed
rule
will
apply
to
all
27
programs
of
the
Clean
Water
Act
and
therefore
28
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H.R.
112
subject
more
activities
to
Clean
Water
Act
permitting
1
requirements,
National
Environmental
Policy
Act
2
analyses,
mitigation
requirements,
and
citizen
suits
3
challenging
local
actions
based
on
the
applicability
4
and
interpretation
of
newfound
authorities;
and
5
WHEREAS,
the
proposing
agencies’
economic
analysis
6
for
this
rule
did
not
consider
impacts
for
the
full
7
range
of
Clean
Water
Act
programs
affected
or
the
8
economic
impacts
to
small
businesses,
and
the
analysis
9
relied
on
outdated
cost
data;
and
10
WHEREAS,
the
justification
for
the
scope
of
the
11
proposed
rule
rests
on
a
scientific
analysis
that
is
12
still
under
review
and
the
proposing
agencies
proceeded
13
with
development
of
a
proposed
rule
addressing
issues
14
associated
with
the
connectivity
of
waters
prior
to
15
being
informed
by
the
Science
Advisory
Board
review
and
16
the
implications
of
its
findings;
and
17
WHEREAS,
the
proposed
rule
does
not
provide
an
18
explanation
or
clear
understanding
about
how
the
19
proposed
expansion
of
Clean
Water
Act
jurisdiction
and
20
transfer
of
ultimate
authority
might
affect
other
Clean
21
Water
Act
programs,
state
laws
and
responsibilities,
22
water
rights,
land
use,
governances,
and
regulated
23
parties;
and
24
WHEREAS,
the
Environmental
Protection
Agency
and
the
25
Army
Corps
of
Engineers
have
not
fully
consulted
the
26
states
and
have
undermined
the
cooperative
federalism
27
asserted
in
the
Clean
Water
Act;
NOW
THEREFORE,
28
BE
IT
RESOLVED
BY
THE
HOUSE
OF
REPRESENTATIVES,
That
29
the
House
of
Representatives
urges
the
Environmental
30
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H.R.
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Protection
Agency
and
the
Army
Corps
of
Engineers
to
1
fully
consult
and
engage
states
in
any
process
that
2
may
affect
the
management
of
their
waters
and
to
defer
3
redefining
“waters
of
the
United
States”
until
the
4
Science
Advisory
Board
concludes
its
review
and
the
5
Environmental
Protection
Agency
and
the
Army
Corps
of
6
Engineers
incorporate
the
conclusions
of
such
review,
7
an
economic
analysis
is
completed
that
fully
identifies
8
impacts
of
the
proposal
and
any
revised
proposal
on
9
economic
development,
and
the
redefinition
provides
10
clarity
on
definitions
and
federal
jurisdiction
11
consistent
with
previous
Supreme
Court
rulings
to
12
affirm
that
there
is
a
limit
to
federal
jurisdiction
13
under
the
Clean
Water
Act.
14
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