Federal Water Quality Protection Act

Floor Speech

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Mr. ROBERTS. Mr. President, I rise today as the Senate considers an issue that is critically--critically--important to agriculture and to rural America.

It is my hope the Senate will advance landmark legislation that I, along with a bipartisan group of colleagues, have introduced in response to the U.S. Environmental Protection Agency's final rule that redefines waters of the United States--commonly referred to in farm country as WOTUS, among other acronyms--under the Clean Water Act. I am proud to be an original cosponsor of S. 1140 and represent agriculture and rural America's charge in pushing back against EPA's egregious Federal overregulation.

EPA's final WOTUS rule would adversely impact a vast cross-section of industries, including agriculture. As I have said before, I fear the sheer number of regulations imposed by this administration is causing the public to lose faith in our government. Too often I hear from my constituents that they feel ``ruled'' and not ``governed.'' S. 1140 is in response to exactly that sentiment.

As chairman of the Committee on Agriculture, Nutrition, and Forestry, I have heard directly from farmers, ranchers, State agency officials, and various industries in Kansas and all throughout our country that ultimately would be subject to these new burdensome and costly Federal requirements. The message is unanimous and clear. This is the wrong approach and the wrong rule for agriculture, rural America, and our small communities.

According to the Kansas Department of Agriculture, EPA's final rule would expand the number of water bodies in Kansas classified as ``waters of the United States,'' subject to all--subject to all--Clean Water Act programs and requirements by 460 percent, totaling 170,000 stream miles. This is just incredulous. The expanded scope will further exacerbate the burden of duplicative pesticide permitting requirements and the other overregulation by this administration. This simply is not going to work and makes zero sense, especially in places such as arid western Kansas. Furthermore, the final rule undercuts a State's sovereign ability as the primary regulator of water resources, which administers and carries out Clean Water Act programs.

Even more troubling, in recent months it has become apparent through the release of internal government documents between the EPA and the U.S. Army Corps of Engineers that there are serious concerns and questions with regard to the legality of the EPA's role and actions during the famous or infamous public comment period to garner support for the final rule. The tactics employed by the EPA throughout this rulemaking process completely undermines the integrity of the interagency review process and the public's trust.

The EPA claims they have listened to farmers and ranchers about the concerns they have raised. EPA not only stacked the deck against farmers and ranchers, but EPA deliberately ignored them. This bill requires the EPA and the Army Corps of Engineers to withdraw the final rule and craft a new rule in meaningful consultation with stakeholders, State partners, and regulated entities, which are ready and waiting to work with EPA--if we can.

All of us want to protect clean water. No one here--especially agriculture--wants to threaten such a valuable and integral natural resource that sustains our livelihood. It is our water. It is time the administration listened and developed a rule that is effective for farmers, ranchers, and rural America.

This WOTUS regulation is the No. 1 concern I hear about in farm country--that the Committee on Agriculture, Nutrition, and Forestry hears about--and over 90 agriculture groups--90--have signed a letter in support of this legislation. Additionally, the ongoing litigation, which involves 31 States challenging the final rule, only adds further confusion about the implementation and applicability of the final rule across the rest of the country.

It is time for Congress to intervene. I thank my colleagues who have joined me in this effort, especially the Senator from Wyoming, and I urge all of my colleagues to support S. 1140 and vote yes.

I yield the floor.

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