Providing for Congressional Disapproval of a Rule Submitted by the Corps of Engineers and the Environmental Proctection Agency

Floor Speech

Date: Nov. 3, 2015
Location: Washington, D.C.

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Mrs. FISCHER. Madam President, I rise not only in support of the critical bipartisan legislation that was before the Senate earlier today but also in support of the proposal of the Senator from Iowa that is before us now. While the measure failed to secure the necessary votes earlier today, the fight is not over.

The Federal Water Quality Protection Act would have enabled American citizens to maintain control over their water resources, and it would have stopped the administration's WOTUS rule. Congress has already limited the Federal Government's regulatory authority under the Clean Water Act to only navigable waterways, but instead of following the law, this administration has broadened the definition of ``waters of the United States'' and extended Federal authority far beyond the law's original intent.

The rule, which is commonly referred to as WOTUS, exponentially expands Federal jurisdiction over all water--from prairie potholes to ditches and everything in between. Ultimately, this rule prevents State and local agencies from effectively regulating our water by placing control in the hands of Washington bureaucrats.

I am proud to have worked with my colleagues on a bipartisan effort to overturn this dangerous rule and force both the EPA and the Army Corps of Engineers to go back to the drawing board. Our legislation, known as the Federal Water Quality Protection Act, would have required the administration to consult with States and local stakeholders before imposing the Federal regulations on our State-owned water resources. Additionally, the bill would have ensured a thorough economic analysis to make sure that was conducted before restricting States from managing their own natural resources.

The importance of allowing our States to manage these resources hit home during a Senate Environment and Public Works Committee field hearing that I chaired in Lincoln, NE, this past March. At the hearing, a wide variety of Nebraska stakeholders provided personal accounts of how this will affect families, businesses, and communities all across our State.

One witness from the Nebraska State Home Builders Association noted that 25 percent of the current cost associated with building a new home are due to existing regulations. Adding more Federal rules and regulations will only put that American dream of owning a home out of reach for most of us. That is not right, and that is not the kind of government people want.

Additionally, the Common Sense Nebraska Coalition noted that the sweeping impact of this rule would affect everyone, from county officials trying to build a road to farmers trying to manage that rainwater runoff.

The WOTUS rule affects much more than rural America. Our municipalities are charged with wastewater, storm water, and flood control systems, as well as providing drinking water, electricity, and natural gas to our citizens. Taxpayers will shoulder these added costs. We are going to pay more for road construction. We will pay more for levees that protect our drinking water. We will pay more for wastewater improvements, and that will cost our families. Those higher taxes will hurt our families.

With the expanded definition of ``navigable water'' under this rule and our extensive aquifer system, the Federal Government can assert control over nearly all the water in the State of Nebraska. Nebraskans take their role in protecting and conserving our natural resources very seriously. Responsible resource management, including the careful stewardship of our water, is the cornerstone of my State's economy.

We all also understand that the people closest to a resource are the ones who manage it best. That is a principle that is shared across this country. That is why I am committed to working with my colleagues to manage responsibly our Nation's water for our current and future generations. I don't believe the Federal Government should focus on ways to make life harder for people. That is not what we were sent to do. Instead we need to explore policy options that will promote growth and conservation.

I am proud to be an original cosponsor of the Federal Water Quality Protection Act. This important bipartisan legislation would have set clear limits on the Federal regulation of water. I am disappointed the Obama administration would force this irresponsible, overreaching rule on hard-working Americans. We have a duty to roll back this rule. We have a duty to prevent the harm it will inflict.

I encourage all of my colleagues to come together on this so we can ensure that job creators, communities, and families from across the country can continue to prosper.

Thank you, Madam President.

I yield the floor.

I suggest the absence of a quorum.

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