Senate Resolution 9 - Introduced SENATE RESOLUTION NO. 9 BY SWEENEY A Resolution urging the United States environmental 1 protection agency and the United States army corps 2 of engineers to withdraw vague regulations that 3 threaten to impose complicated and overreaching 4 restrictions upon Iowa farmers. 5 WHEREAS, Iowa has 84,900 farms accounting for 30.5 6 million acres of land dedicated to farming with more 7 than 95 percent of Iowa farms owned by families; and 8 WHEREAS, Iowa farmers actively participate 9 in watershed protection projects, and advance 10 implementation of the Iowa nutrient reduction 11 strategy; and 12 WHEREAS, Iowa farmers have installed and 13 maintain soil and water conservation practices, 14 and land use management practices, that decrease 15 erosion and precipitation-induced surface runoff, 16 increase water infiltration rates, and increase soil 17 sustainability; and 18 WHEREAS, soil and water conservation practices have 19 been designed and installed for use over multiple 20 years, and include wetlands, bioreactor systems, filter 21 strips, saturated buffers, and terraces; and 22 WHEREAS, land use management practices include 23 no-till planting, contour farming, the rotation of land 24 for pasture and hay, and the use of cover crops and 25 conservation cover; and 26 WHEREAS, the United States environmental protection 27 agency and the United States army corps of engineers 28 -1- LSB 2128XS (3) 90 da/rn 1/ 3

S.R. 9 are attempting to implement vague regulations that 1 threaten to impose complicated and overreaching 2 restrictions upon Iowa farmers based on an unreasonable 3 interpretation of what constitutes a statutory 4 qualification of “navigable waters”; and 5 WHEREAS, the Clean Water Act authorizes federal 6 regulation of “navigable waters” meaning “waters of 7 the United States” pursuant to 33 U.S.C. §§1311(a) and 8 1362(12); and 9 WHEREAS, the effect of the regulations would extend 10 federal jurisdiction over farmland without navigable 11 waters in a manner that would circumvent ongoing 12 soil and water conservation practices, and land use 13 management practices; and 14 WHEREAS, on October 3, 2022, the first day of 15 its term, the United States Supreme Court heard 16 oral arguments in the case Sackett v. Environmental 17 Protection Agency in which the Court will revisit this 18 issue; NOW THEREFORE, 19 BE IT RESOLVED BY THE SENATE, That the United States 20 environmental protection agency and the United States 21 army corps of engineers are urged to immediately 22 withdraw the regulations and redraft regulations that 23 include a practical definition of “navigable waters” 24 that does not lead to absurd results; and 25 BE IT FURTHER RESOLVED, That copies of this 26 resolution be sent to Mr. Michael S. Regan, 27 administrator of the environmental protection agency 28 and Lieutenant General Scott A. Spellmon, chief of 29 engineers and commanding general of the United States 30 -2- LSB 2128XS (3) 90 da/rn 2/ 3