Column: Federal Overreach

Statement

Date: March 16, 2015

The federal government has an important role to play in protecting its citizens. The laws passed and the regulations imposed are supposed to prevent harm when bad actors take advantage of our open society. But these regulations should be both justified and rare. Unfortunately, this has been the exception, not the rule.

Under this administration, we are witnessing an onslaught of federal regulations that are impacting Nebraska's industries and our way of life -- from our state's water resources to the livestock industry it seems to be open season for the federal government. That's why this week, I'd like to discuss a few of these burdensome rules and my efforts to replace them with balanced policies that will foster growth.

Last spring, the Environmental Protection Agency (EPA) and Army Corps of Engineers proposed changing the definition of "waters of the United States" (WOTUS) for all Clean Water Act programs. By making this definition broader, Washington's regulatory reach would extend indefinitely, claiming jurisdiction over almost all water, from farm ditches to residential ponds. I believe WOTUS is a direct attack on the people of Nebraska, and our citizens should have the opportunity to voice their concerns about this damaging rule.

I decided that the best way to involve our citizens in the debate was to bring the U.S. Senate home to Nebraska. Over the weekend, I chaired a field hearing of the Senate Environment and Public Works Committee in Lincoln. We heard from a diverse group of stakeholders, including representatives from the agriculture community, homebuilders, natural resource districts, and state and local governments. They shared valuable feedback, which will now be on record for the Obama administration to review as it continues its rule-making process.

But the attack on our water resources was only the beginning. Just last month, a federal committee responsible for helping develop national nutrition policy released a new report that could affect our state's farmers and ranchers. As part of their guidelines, the committee insisted that Americans should eat less red meat and consume more fruits and vegetables. This may seem mundane, but the report is the foundation for our national food policy, including guidelines for school lunch programs nationwide. Given the far reaching economic impact of this proposed change, I was alarmed to see that the committee's recommendations were based on environmental concerns, not on science. That's why last week I sent a letter to HHS and USDA with 29 of my colleagues objecting to the report. The committee's recommendations are misguided and, if enacted, could have a devastating impact on Nebraska's number one industry -- agriculture. Any changes to our nation's food policies must be based on sound science and outside experts. Our agricultural producers, and the millions of Americans they feed, could be harmed for generations by inaccurate and unfounded reports like this.

This leads me to yet another example of the federal government's overreach. Recently, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) put forth a new proposal that would place unnecessary limits on rifle ammunition used by hunters and sports enthusiasts. Gun owners in Nebraska and across the nation have a fundamental right to bear arms that is protected by the Second Amendment. Furthermore, the right to use this class of rifle ammunition is protected by the Law Enforcement Officers Protection Act of 1986. Upon receiving the letter I sent with my colleagues last week condemning this overreach, the ATF announced that it is scrapping the ban. I'm relieved that the bureau reversed its course and did the right thing for American hunters and sportsmen.

As your Senator, I will continue to press this administration to adhere to the principles of good regulation -- independence, openness, efficiency, and responsibility. I will also work to ensure that the Nebraska perspective is heard and helps guide the debate in Washington.

Thank you for participating in the democratic process. I look forward to visiting with you again next week.


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