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
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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
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army
corps
of
engineers.
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