November 3, 2015 CONGRESSIONAL RECORD — SENATE S7679 Sunday. He wants to spend more time President Obama will veto them. Yet public service fueled his commitment with his family, and I applaud him for Republicans are content to waste the to bipartisanship and compromise. that. There were some people who Senate’s time just so they can launch Fred Thompson was known for his cou- mocked Congressman RYAN for that, another attack on the environment. rageous heart and straightforward ap- and they are wrong. All parents should This is the first of a series of environ- proach to public service. work to protect that time with their mental attacks we expect this month I will miss him a great deal. He was families. from Republicans. They are also pre- always very kind and thoughtful and Here is the problem. For millions of paring to nullify the President’s rules friendly to me, and the Senate is a bet- Americans, the concept of work-family to address climate change. They have ter place for having had him here. life balance is nothing more than a fan- no solutions and no plan to keep our f tasy. For far too many Americans, water clean or address climate change. RESERVATION OF LEADER TIME more time at work and less time with They are wasting valuable Senate time family is the only way to put food on on these show votes. The ACTING PRESIDENT pro tem- the table and a roof over their heads. f pore. Under the previous order, the leadership time is reserved. Still, these hard-working families are CONGRATULATING SENATOR f falling behind. An unpaid day off is out GRASSLEY ON CASTING HIS of the question. 12,000TH VOTE FEDERAL WATER QUALITY PRO- Contrast that with the Senate. The Mr. REID. Mr. President, every year TECTION ACT—MOTION TO PRO- Republican-controlled Senate doesn’t CEED work 5-day weeks. Yet millions of in the Senate we are sent to this dis- Americans can’t get a day off when a tinguished body for one reason: to rep- The ACTING PRESIDENT pro tem- loved one dies or a child is confined to resent the people of our State and the pore. Under the previous order, the a hospital bed. If you play baseball, the people of this country. Our constitu- Senate will resume consideration of average salary is more than $2 million ents expect us to legislate. They expect the motion to proceed to S. 1140, which a year. If your wife has a baby, you us to be here on the Senate floor voting the clerk will report. The legislative clerk read as follows: take off. But they make millions of and representing their interests. In the dollars a year. Middle-class Americans Senate, there is no one better at up- Motion to proceed to Calendar No. 153, S. holding that responsibility than the 1140, a bill to require the Secretary of the don’t make that. Army and the Administrator of the Environ- While Speaker RYAN insists on a fam- senior Senator from Iowa. Last Thursday, CHARLES GRASSLEY mental Protection Agency to propose a regu- ily-friendly work schedule for himself, cast his 12,000th vote as a U.S. Senator. lation revising the definition of the term he is blocking legislation that would ‘‘waters of the United States,’’ and for other As remarkable as that is, as my friend give the bare minimum in paid leave purposes. the senior Senator from Kentucky said, for hard-working Americans. Before we The PRESIDENT pro tempore. Under it is even more impressive that he has worry about ourselves, we should worry the previous order, the time until 12:30 cast almost 7,500 consecutive votes on about the millions of Americans who the Senate floor. He hasn’t missed a p.m. will be equally divided between can’t get a day off work to care for a vote since July 14, 1993. He holds the the two leaders or their designees. sick child—can’t get a half day off The Senator from Vermont. second longest consecutive vote streak work. That would be real family val- Mr. LEAHY. Mr. President, I ask in Senate history, behind our colleague unanimous consent to speak as in ues. Senator William Proxmire of Wis- f morning business. consin. That is a lot of votes. The PRESIDENT pro tempore. With- Senator GRASSLEY’s constancy and DRINKING WATER PROTECTIONS out objection, it is so ordered. unwavering work ethic comes as no Mr. REID. Mr. President, this week TRIBUTE TO SENATOR CHARLES GRASSLEY S surprise to those of us who have known ’ the Senate will vote on two pieces of 12,000TH VOTE him and are acquainted with his back- legislation that will nullify drinking Mr. LEAHY. Mr. President, I have ground. CHUCK GRASSLEY is a farmer. water protections for 117 million Amer- had the privilege of serving with sev- He is proud of that. He got started in eral hundred Senators in this body over icans. politics when he was elected to the The Obama administration’s clean the years I have been here, and Senator Iowa House in 1959. He served for 15 water rule will restore important safe- GRASSLEY has been a very special years. In 1974, he ran for Congress and guards to protect American water served three terms in the House of Rep- friend during that time. He has rep- sources from pollution and contamina- resentatives. resented the voices of Iowans for near- tion. This landmark rule from the He was elected to the Senate in 1980. ly three and a half decades. I think we Obama administration will finally re- Thirty-six years, 12,000 votes—that is have been friends for that three and a solve years of confusion and provide remarkable, as is 7,474 consecutive half decades. regulatory certainty for businesses, votes. So I say congratulations to my When I think of Senator GRASSLEY— farmers, local governments, and com- friend CHUCK GRASSLEY on those in- 12,000 votes, hundreds of hearings, munities without creating any new credible milestones. countless tweets, and probably four permitting requirements and maintain- dozen sweater vests later—he is the f ing all previous exemptions and exclu- same down to earth Iowa farmer who sions. REMEMBERING FRED THOMPSON visits every one of the State’s 99 coun- The Republicans in Congress are in- Mr. REID. Mr. President, over the ties every year. He is also the Iowa tent on undermining these important weekend, the people of Tennessee lost a farmer who, when Vermont was hit protections. The Republican leader and member of their family. Senator Fred with terrible flooding a few years back, his colleagues unfortunately are forc- Thompson, whom my friend the Repub- was the first person to contact me to ing the Senate to vote on legislation to lican leader has talked about, died say, ‘‘Vermont stood with Iowa when roll back President Obama’s clean after a recurring battle with we were hit with a natural disaster. water rule. This legislation will fail, of lymphoma. Iowa now stands with Vermont.’’ course, and Republicans know it will Those of us who served with him re- He and I have worked together, and fail. member that wonderful voice. His we have had a productive relationship Last week, the junior Senator from voice was so good that many people that spans those decades. On the Judi- Texas said this: said he should be an actor. Well, he ciary Committee, we take our leader- [N]ext week we will have a show vote on was. He was an actor. He had a beau- ship responsibilities seriously. We have the waters of the United States. Leadership tiful voice that projected so very well, both made sure that, both as chairman is very happy. We will have a show vote. We but he was good wherever he was—the and ranking members, that every Sen- will get to vote, and it will fail. floor of the Senate, movie studio, the ator has a chance to be heard. We have Perhaps the junior Senator is right; town square of his home. found ways to come together on mean- this is another Republican charade. I He was a statesman in every sense of ingful legislation. We enjoy each oth- hope not. If these bills were to pass, the word. His dedication to responsible er’s company. We are able to kid each

VerDate Sep 11 2014 02:45 Nov 04, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.005 S03NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S7680 CONGRESSIONAL RECORD — SENATE November 3, 2015 other, as I did on his recent birthday. upheld these values in the Senate. He for Sunday brunch after church, to But more importantly, we do what I is a workhorse and has dedicated his talk about cyber security or sentencing was told to do when I first came to the entire career to serving Iowans. Iowa reform, I am glad to do it. Senate, and I am sure what Senator has no greater friend than Senator What is important to the people of GRASSLEY was told when he did—we CHUCK GRASSLEY. Iowa is my vocation. I am grateful for keep our word. We have always kept Congratulations, Senator, on your the opportunity to cast 12,000 votes. our word to each other. 12,000th vote. Congratulations to Bar- Thanks to the people of Iowa, thanks It also helps that we both married bara, also. Get your Twitter ready be- to my wife Barbara and the rest of my above ourselves. His wonderful wife, cause at noon we are going to cele- family who share my regard for what is Barbara, and my wife, Marcelle, are brate. important, representing the people of very close friends. They sometimes say I thank the Acting President pro Iowa. that they belong to that special club tempore. Mr. ALEXANDER. Mr. President, I that nobody wants to join, that of can- The ACTING PRESIDENT pro tem- thank the people of Iowa for sending us cer survivors. pore. The Senator from Iowa. CHUCK GRASSLEY and want to say he Senator GRASSLEY’s willingness to Mr. GRASSLEY. Mr. President, I does not just represent Iowa, he per- listen and hard work was most recently thank all my colleagues, in particular sonifies it. I know of no Senator who on display in the Judiciary Committee, my colleague from Iowa but also the better personifies his State than the as we hammered out an important people who are very senior leaders of Senator from Iowa. compromise on sentencing reform this body: Senator MCCONNELL, Sen- Mr. President, I ask unanimous con- which brought the left and the right ator REID, and my friend on the Judici- sent that I be recognized to say a few together—both parties together. I ary Committee, Senator LEAHY, whom words about our departed colleague think every single Senator com- I have served with for 35 years. I thank Fred Thompson and that following my plimented his leadership. them for their kind words and for what remarks Senator CORKER be recog- And I must admit I was grateful for they said about my service to the peo- nized. Senator GRASSLEY’s comments last ple of Iowa as an elected representa- The PRESIDING OFFICER. Without week when I, too, crossed a voting tive. objection, it is so ordered. milestone. He said we have been good I have interacted with tens of thou- REMEMBERING FRED THOMPSON friends and hoped we could cast many sands of Iowans as their Senator, so I Mr. ALEXANDER. Mr. President, it more votes together. I share that hope have a feeling that I know each Iowan is my sad duty, as was mentioned by and congratulate my friend on this personally at this point. Of course, I our leaders this morning, to report achievement. don’t. I know that is technically im- that Fred Dalton Thompson, who I yield the floor. possible, but one of the benefits of a served in this body from 1995 to 2003, The ACTING PRESIDENT pro tem- State that is not especially big geo- representing our State of Tennessee, pore. The Senator from Iowa. Mrs. ERNST. Mr. President, I rise graphically is that I have enough plan- died in Nashville on Sunday. My wife, today to congratulate my friend, col- ning that I can get to every county Honey, and I and the members of our league, and Iowa’s outstanding senior every year, as has been said several family—every one of whom valued our Senator on casting his 12,000th vote in times by my colleagues. friendship with Fred—as well as Mem- the wee early hours of this last Friday Every year, Iowans in each county bers of the Senate, express to Fred’s morning. In fact, there are only 17 host me at a question-and-answer ses- family—his wife Jeri, their children, other Senators in history who have sion at their factories, schools, or their Hayden and Sammy, and his sons by service clubs. Most of these are my own cast more votes than Senator CHUCK his earlier marriage to Sarah, Tony town meetings that I set up. At each GRASSLEY. On top of that, he has the and Dan, and his brother Ken—our longest existing voting streak in Con- stop, I might get a dozen or so ques- pride in Fred’s life and our sympathy gress. tions on any topic under the Sun, and for his death. This farmer from Iowa serves as the that is as it should be in representative Very few people can light up the chairman of the Senate Judiciary Com- government because that is a two-way room the way Fred Thompson did. The mittee and is one of the highest rank- street. The electorate’s job is to ask truth is, most public figures have al- ing members in the Senate. But that the questions and my job is to answer ways been a little jealous of Fred has not gone to his head—not for them. If people are satisfied that I have Thompson. His personality had a CHUCK GRASSLEY. Back home in Iowa, answered their questions or that at streak of magic that none of the rest of he travels all 99 counties every single least I have tried to answer them, then us have. That magic was on display year, and he has done this every year I hope I have demonstrated how much when he was minority counsel to the for 35 wonderful years. Today his trav- their participation means to the proc- Senate Watergate Committee in 1973, els across the State to all 99 counties ess of representative government and asking former White House aide Alex- have a name. It is called ‘‘the full to casting my votes in Washington be- ander Butterfield the famous question: Grassley.’’ It is something that now cause I bring the benefits of every com- ‘‘Mr. Butterfield, are you aware of the our elected officials and even the Presi- ment, question, and criticism heard installation of any listening devices in dential candidates who visit Iowa try from Iowans to that vote. the Oval Office of the President?’’ to complete as well. Senator GRASSLEY With these 12,000 votes, I think of the thereby publicly revealing the exist- has set a high bar, and I am very glad many conversations and pieces of cor- ence of tape-recorded conversations that he has. respondence behind each vote. Whether within the White House. National Pub- Over the years I have learned quite a I am meeting with Iowans in the Hart lic Radio later called that session and bit about my friend Senator CHUCK Building in Washington or at the Uni- the discovery of the Watergate tapes GRASSLEY. He is extremely thrifty. Be- versity of Northern Iowa volleyball ‘‘a turning point in the investigation.’’ cause of that, he is always looking out matches near my farm in New Hart- The Thompson magic was evident for our taxpayer dollars. He fights tire- ford, the time that people take to visit again in 1985, when Fred was asked to lessly for accountability and trans- with me is well spent for me, and I play himself in the movie ‘‘Marie.’’ In parency in Washington. I can always hope they consider it a time well spent real life, Fred had been the attorney count on Senator GRASSLEY to stop by for them. for Marie Ragghianti, the truth-telling my office for doughnuts and coffee and People ask me if I have any hobbies. chairman of the Tennessee Pardon and to meet all of our wonderful Iowa con- I cannot say that I do, at least not in Parole Board during a scandal in our stituents who happen to be visiting the way people usually think of hob- State when pardons were sold for cash. Washington, DC. He says he comes to bies. Spending time with the people of After that, Fred was cast in a number visit the constituents. I actually think Iowa is part of my work. I get paid to of movie roles as CIA Director, the it is for the free doughnuts, but we are listen and make sure that is what I do. head of Dulles Airport, an admiral, the glad he stops by. It is my pleasure to spend time with President of NASCAR, three Presidents Senator GRASSLEY is the epitome of Iowans. When someone stops me at the of the United States, and District At- the Iowa way, and he has faithfully Village Inn in Cedar Falls, where I go torney Arthur Branch in the television

VerDate Sep 11 2014 23:48 Nov 03, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.007 S03NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 3, 2015 CONGRESSIONAL RECORD — SENATE S7681 series ‘‘Law and Order’’. That same mainder of his busy life was filled with desk occupied by two predecessors, my magic served him well when he ran for law practice, stage, and radio shows, friend Fred Thompson and our mentor the United States Senate in 1994 for the counsel to Senate investigating com- Howard Baker. During one of those last 2 years of Vice President Gore’s mittees, more than 20 movies, tele- late-night Senate budget sessions a few unexpired term. It was a good Repub- vision commercials, and 8 years as a years ago, I scratched my name after lican year and Fred’s red pickup truck Senator. I have attended a number of theirs. I am proud it will remain there attracted attention, but he defeated a memorial services for prominent fig- as long as this desk does: Baker, strong opponent by more than 20 per- ures. As a result, I have added a rule to Thompson, ALEXANDER. centage points, mostly because when ‘‘Lamar Alexander’s Little Plaid Tennesseans and our country have he appeared on television, Tennesseans Book.’’ It is this: ‘‘When invited to been fortunate that public service at- liked him, trusted him, and voted for speak at a funeral, be sure to mention tracted Fred Dalton Thompson. We will him. Fred took on some big assign- the deceased as often as yourself.’’ miss his common sense, his conserv- ments during his time in the Senate, I mentioned this rule last year when ative principles, and his big booming but sometimes he would become impa- I spoke at Howard Baker’s funeral be- voice. We have lost one of our most tient with some of the foolishness cause there came a point in my re- able and attractive public servants, around here. A Washington reporter marks when I could not continue with- and my wife Honey and I have lost a once asked him if he missed making out mentioning my relationship with dear friend. movies: ‘‘Yes,’’ he said, ‘‘Sometimes I Senator Baker, and I therefore had to The PRESIDING OFFICER. The Sen- miss the sincerity of Hollywood.’’ break my own rule. The same is true ator from Tennessee People ask me sometimes: How could with Fred Thompson. We were friends Mr. CORKER. Mr. President, I rise to an actor accomplish so much? In addi- for nearly 50 years. share my voice with LAMAR ALEX- tion to those things I have already In the late 1960s, both of us fresh out ANDER’s at the loss of a great Ten- mentioned, during the 1980s Fred was of law school were inspired by Senator nessean and a great American. I appre- invited twice to be special counsel to Howard Baker to help build a two- ciate so much Senator ALEXANDER’s Senate investigative committees. party political system in Tennessee. chronologically going through much of When he retired from the Senate, he Fred’s political debut was campaign the great Senator Thompson’s life and took over Paul Harvey’s radio show. In manager for John Williams for Con- talking about the personal experiences. 2008, he was a frontrunner for the Pres- gress, against Ray Blanton in 1968. My Elizabeth and I, too, want to share our idency of the United States. For the first political foray was Howard condolences with Jeri, Hayden, and last several years, it has been hard to Baker’s successful Senate campaign in Sammy, along with Tony and Dan, his turn on the television without seeing 1966. sons by his first marriage with Sarah, Fred Thompson urging you to buy a re- When Senator Baker ran for reelec- and his brother Ken. verse mortgage. tion in 1972, I recruited Fred to be the I was able to talk to Tony last week I believe there are three reasons his Senator’s Middle Tennessee campaign as Fred was in hospice care. As you career was so extraordinary and so di- manager. In 1973, Senator Baker asked would expect, with Fred being the kind verse. First, he was authentic, genuine, me to be minority counsel to the Wa- of person he was, never forgetting and bona fide. So far as I know, he tergate Committee. I suggested he ask where he came from, they wanted to never had an acting lesson. As he did in Fred instead because as a former U.S. spend those last days together in quiet ‘‘Marie’’ and as he did in most of his attorney Fred was much better and didn’t want a lot of phone calls or movie roles, he played himself. There equipped for the job. When I lost the a lot happening to make people aware was no pretense in Fred Thompson on Governor’s race in 1974, the Thompsons of what was happening. Fred had or off the stage. Second, he was pur- were one of two couples Honey and I in- reached his end. No doubt, again, Ten- poseful. In 1992, when I was Education vited to go to Florida to lick our nessee has lost a great son as has our Secretary, I invited Fred to lunch in wounds. Nation. the White House lunchroom. For years When I was sworn in as Governor in Fred was one of those people, as I had urged him to be a candidate for 1979, even without asking him, I an- LAMAR just mentioned, who had ex- public office. I hoped he might run in nounced that Fred Thompson would fly traordinary talent. To me, what was so 1994. What struck me during our entire back to Nashville from Washington, unique about him having that extraor- luncheon conversation was that not DC, to review more than 60 pardons and dinary talent is he also had the gift of once did he raise any political con- paroles that had allegedly been issued knowing when and how to use it, from cerns. His only question was: If I were because someone had paid cash for his extraordinary ability as a lawyer, to be elected, what do you suppose I them. I wanted the celebrated Water- as has been chronicled, to his ability could accomplish? gate personality to help restore con- when faced with a case that became When he was elected, he was serious fidence in Tennessee’s system of jus- something of national notoriety, to and principled. He was a strict Fed- tice. In the spring of 2002, Fred tele- himself becoming an actor and playing eralist, never a fan of Washington tell- phoned to say he would not run for re- a role that in this case he was in real ing Americans what to do, even if he election. So I sought and won the Sen- life, and then to serving in the Senate thought it was something Americans ate seat both he and Howard Baker had in the way that he did. should be doing. He was not afraid to held. I have the same phone number I, too, had the extraordinary privi- cast votes that were unpopular with his today that both of them had when they lege to also know Fred, as I have had in constituents if he was convinced he were here. knowing someone like LAMAR ALEX- was right. The third reason for Fred During my general election campaign ANDER, who I think is one of the great Thompson’s success was he worked in 2002, an opponent said: ‘‘Why, Fred public servants of our State, and How- hard. Saying that will come as some- and Lamar are both in Howard Baker’s ard Baker, who has been a mentor to thing of a surprise to many. stable.’’ Fred replied: ‘‘Stable hell, we all of us and had such an impact on me, He was notoriously easygoing. He are in the same stall.’’ LAMAR, and Fred. Back in 1994, as I was grew up in modest circumstances in Several times I got a dose of Fred telling some Tennesseans earlier Lawrenceburg, Tennessee. His father Thompson’s magic during those hum- today, I was also running for the Sen- Fletch was a car salesman. He was a bling experiences when I asked him to ate in a race that no one remembers double major in philosophy and polit- campaign with me. Campaigning with because of the results. As LAMAR men- ical science at the University of Mem- Fred Thompson was a little like going tioned, everywhere you went, people phis. He did well enough to earn schol- to Dollywood with Dolly Parton. You wanted to see Fred. arships to Tulane and Vanderbilt law can be sure no one is there to see you. Fred had this extraordinary ability schools. To pay for school he worked at We have a tradition of scratching our to capture people’s imaginations. Fred a bicycle plant, a post office, and a names in the drawers of the desks that was unabashedly proud of our Nation motel. we occupy on the floor of the Senate. and never an apologist for what our Before he was Watergate counsel, he When I arrived in 2003, I searched high Nation has done around the world to was assistant U.S. attorney. The re- and low until I found what I wanted: a make the world a better place. I was

VerDate Sep 11 2014 23:48 Nov 03, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.009 S03NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S7682 CONGRESSIONAL RECORD — SENATE November 3, 2015 able to drive around and see hordes of water to 117 million Americans, 1 in 3 meetings over 200 days and more than people gather around Fred. People Americans. Their drinking water will 1 million comments. It makes no sense would pat Bill Frist, me, and the other be at risk if my friend’s bill passes. to me. folks running in the other primary on That is why I feel so strongly about it. Nothing is more important than pro- the head and say: Someday you, too, We see it on this poster: 117 million tecting the lives of the American peo- might be a Senator. Americans are served by public drink- ple, and when we weaken the Clean Fred was somewhat criticized that ing water systems. That is 94 percent Water Act, that is what we do. year because of the way he was going of public drinking water systems that I will show a photograph. This was about the race. Again, it reminds me of rely on these headwater streams. It af- the Cuyahoga River in Cleveland, OH, how much talent he had and his ability fects 1 in 3 Americans in 48 States. decades ago. It caught on fire. It to know how to use it. He told people: We are talking about a bill that is caught on fire because there was no Look, the first time I run a television called the Federal Water Quality Pro- regulation and there were all kinds of ad, this race will be over. tection Act, but it is about pollution, toxic substances on the waterway. Our He did, and it was. As LAMAR men- not protection. In a way, when we lakes were dying. And this one—when tioned, he went on to win by 20 points name these bills the opposite of what the people saw it on fire, they said because of the way the people felt they are—remember, this is called the enough is enough. They demanded the about him, not only around our State Federal Water Quality Protection Act Clean Water Act. We passed it—I but around our country. when in fact it is going to lead to con- wasn’t here then; it was 1972—by an Fred was very impatient with serving tamination of waterways. It reminds overwhelmingly bipartisan majority. in the Senate, and I had multiple con- me of the book ‘‘1984’’ in which the We have made tremendous progress. versations with him about that. Actu- government is making sure people be- Today our rivers, lakes, and streams ally, serving here, one can understand lieve different things, and they have are far cleaner than they were, and the with someone like Fred, who con- slogans like ‘‘war is peace,’’ and you Clean Water Act has been one of our stantly wanted to make something think about it, and finally you cannot most successful laws. happen, how that was a frustration. tell the difference between war and Let’s look at the support for the But I know for a fact from watching peace. Clean Water Act. This is unbelievable, his early days—coming in, heading the Pollution is not protection, and this when you see this. This is over- homeland security committee, and bill will lead to pollution because S. whelming public support for the clean doing the many things he did—that he 1140 blocks the final clean water rule water rule that my friends on the other affected our State and country in a that clearly protects these waters side of the aisle, the Republicans, want very positive way, which is something while exempting ditches and storm to stop in its tracks. all of us would hope to emulate. water collection and treatment sys- Seventy-nine percent of voters think We will miss him. He was a rare tal- tems, artificial ponds, water-filled de- Congress should allow the clean water ent. He was one of those people who pressions, puddles, and recycled water rule to move forward, and 80 percent of made you want to do better when you facilities. small business owners support protec- were around him. What you will hear from the other tions for upstream headwaters in the I thank him for his tremendous serv- side is, oh, the Obama administration EPA’s new clean water rule. So some- ice to our country, I thank him for the has written a rule that is protecting body has to explain to me—and I am tremendous and deep friendships he puddles. That is nonsense. The fact is, sure my friends will try to, and I look created all around our State, and I the clean water rule is going to bring forward to hearing their reasoning— thank him for causing all of us to con- certainty to the Clean Water Act, and why they are going against 79 percent stantly remember where we came from. it is going to protect the drinking of the voters and 80 percent of small With that, I join Senator ALEXANDER water of 117 million Americans. Yet my businesses. It makes no sense. in again expressing our deep condo- Republican friends want to stop it. The The bill takes us in the wrong direc- lences to his family and all who were exemptions that are in there would be tion. That is why over 80 scientists around him, especially when the end gone, not only the exemption from with expertise in the importance of came. ditches, storm water collection, artifi- streams and wetlands, as well as the With that, I yield the floor. cial ponds, water-filled depressions, Society for Freshwater Science, oppose The ACTING PRESIDENT pro tem- and recycled water facilities, but also this bill. I have received opposition let- pore. The Senator from California. the exemptions for agriculture and for- ters from so many groups, I am going Mrs. BOXER. Mr. President, first, I estry. So we are going to have a situa- to read them to you. And think about ask unanimous consent that Senator tion where there is more chaos sur- these groups. These are objective CARDIN manage our side. rounding our water laws. It is going to groups. These are nonpartisan groups. The ACTING PRESIDENT pro tem- lead to confusion for businesses and Under public health, there is the pore. Without objection, it is so or- landowners, and it is going to take us American Public Health Association, dered. back to square one to figure out a the Physicians for Social Responsi- Mrs. BOXER. Mr. President, I am whole other rule. Following two Su- bility, and the Trust for America’s going to make a statement about S. preme Court decisions, we shouldn’t Health. 1140, which is before us. pass legislation that would create even Under scientists and legal experts, Senator BARRASSO, may I make my more uncertainty and invite years of there are 82 scientists, 44 law profes- statement, due to a hectic schedule? I new litigation. sors, and the American Fisheries Soci- won’t go very long. Is that all right The other thing you hear from the ety. with you. other side is, oh, this clean water rule Under business, there is the Amer- Thank you, my friend. the Obama administration wrote—they ican Sustainable Business Council rep- I thank Senator BARRASSO. didn’t listen to the public. Well, more resenting 200,000 businesses that oppose It is kind of commonplace here that than 1 million comments were received this bill, and there are 35 U.S. brew- it is another day and another attack on during a comment period that lasted eries. That is kind of interesting. The the environment. Today is no excep- over 200 days, and over 400 outreach breweries count on clean water. They tion. Today it is an attack on the meetings with stakeholders and State are very upset about the Barrasso bill. Clean Water Act. That is what I believe and local governments were conducted. They oppose it. S. 1140 does. So this bill—by sending us back to Under sportsmen, there is the Amer- The name of this bill is the Federal square one—ignores this robust out- ican Fly Fishing Trade Association. I Water Quality Protection Act. I tell reach, and it will wind up wasting mil- thought my Republican friends support you, if we could sue for false adver- lions of taxpayer dollars, forcing EPA outdoor recreation. The Backcountry tising, we would have a great case be- to go right back to square one. How Hunters and Anglers, the Illinois Coun- cause this bill doesn’t protect any- many more comments do these friends cil of Trout Unlimited, the Inter- thing. It allows for pollution of many of mine on the other side of the aisle national Federation of Fly Fishers, the bodies of water that provide drinking want? My God, there were 400 outreach Izaak Walton League of America, the

VerDate Sep 11 2014 23:48 Nov 03, 2015 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.010 S03NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 3, 2015 CONGRESSIONAL RECORD — SENATE S7683 Florida Wildlife Federation, the Na- quest, one is an apology, and one is the ricultural Processors Association; Willows tional Wildlife Federation, the Theo- truth. The privileges of the floor re- Chamber of Commerce. dore Roosevelt Conservation Partner- quest will appear in another section of SUPPORTERS OF THE FEDERAL WATER QUALITY ship, and Trout Unlimited oppose this the RECORD. PROTECTION ACT bill. Secondly, I have an apology. I am U.S. Conference of Mayors; National Asso- Under environmental, there is the Al- very fortunate I have had the same ciation of Counties; National League of Cit- ies; National Association of Regional Coun- liance for the Great Lakes, American staff for 21 years in the Senate. They cils; Patrick Morrisey, West Virginia Attor- Canoe Association, American Rivers, have never made a mistake. My staff ney General; Doug Peterson, Nebraska At- and the BlueGreen Alliance. never made a mistake until last Fri- torney General; Tim Fox, Montana Attorney Mr. President, I am not going to go day. Last Friday I was informed by my General; Wayne Stenehjem, North Dakota on that much longer. I am just going to staff that we had two votes starting at Attorney General; Scott Pruitt, Oklahoma finish reading this list because when I 1 o’clock in the morning—two votes, Attorney General; Michael DeWine, Ohio At- speak—OK, you know I am a strong en- and yet there were three. So I am the torney General; Peter Michael, Wyoming At- vironmentalist. I am wearing my green torney General; Alan Wilson, South Carolina guy who came down, thinking I had al- Attorney General; Luther Strange, Alabama today on purpose. These groups are ready voted. So I apologize to the lead- Attorney General; Brad Schimel, Wisconsin very concerned about the Barrasso bill, er, I apologize to the staff who was Attorney General; Mark Brnovich, Arizona as are 79 percent of voters. working, and more than anything else, Attorney General; Terry Branstad, Iowa Here are the other groups that I apologize to the young people on the Governor; Leslie Rutledge, Arkansas Attor- weighed in: BlueStream Communica- front row, our pages, who had to stay ney General; Phil Bryant, Mississippi Gov- tions, California River Watch, and Cen- up another 15 minutes at 4 o’clock in ernor; Agricultural Council of Arkansas; Ag- tral Ohio Watershed Council. They ricultural Retailers Association; Agri-Mark, the morning because of me. I apologize. Inc.; Alabama Cattlemen’s Association; Ala- know because they have algae blooms On the truth side, first, let me put in bama Chapter of Golf Course Superintend- coming to their lakes. Continuing, the RECORD—my good friend from Cali- ents Association; Alaska; Alaska State there is Clean Water Action, Clean Up fornia was talking about all of the Chamber of Commerce; Albany-Colonie Re- the River Environment, Coastal Envi- groups. I have five times as many gional Chamber of Commerce; American ronmental Rights Foundation, Defend- groups now on record, many of which Agri-Women. ers of Wildlife, Earthjustice, Endan- are from the State of California. I have American Exploration & Mining Associa- gered Habitats League, Environment tion; American Farm Bureau Federation; a long list. I wish to make those 44 American Forest & Paper Association; Amer- America, Evangelical Environmental groups from California a part of the ican Gas Association; American Horse Coun- Network. Do you want to know why RECORD. And then there are the 480 cil; American Petroleum Institute; American the Evangelical Environmental Net- very thoughtful groups nationally that Public Power Association; American Public work is here? Because they believe that are opposed to this rule. Works Association; American Road & Trans- with this bill we are harming God’s I ask unanimous consent to have portation Builders Association; American Society of Golf Course Architects; American creation. That is why they are in- printed in the RECORD the two lists of volved. Continuing, Greenpeace, Gulf Soybean Association; American Sugar Alli- supporters. ance; AmericanHort; Ames Chamber of Com- Restoration Network, Kentucky Water- There being no objection, the mate- merce; Annapolis and Anne Arundel County ways Alliance, Lake Champlain Inter- rial was ordered to be printed in the Chamber of Commerce; Arctic Slope Re- national, League of Conservation Vot- RECORD, as follows: gional Corporation; Area Development Part- ers, Massachusetts River Alliance, Na- CALIFORNIA ENTITIES SUPPORTING S. 1140 nership—Greater Hattiesburg; Arizona Cat- tle Feeders’ Association; Arizona Cattle tional Parks Conservation Association, California Cattlemen’s Association; Cali- Growers’ Association; Arizona Chamber of Natural Resources Defense Council, fornia Chamber of Commerce; California Cot- Nature Coast Conservation, New Jersey Commerce and Industry; Arizona Farm Bu- ton Ginners Association; California Farm reau Federation; Arizona Mining Associa- Audubon Society, Northwest Environ- Bureau; Camarillo Chamber of Commerce; tion; Arizona Rock Products Association; mental Advocates, Ohio Environmental Central California Golf Course Superintend- Arkansas Cattlemen’s Association; Arkansas Council, Ohio River Foundation, Prai- ents Association; Chambers of Commerce Al- Pork Producers Association; Arkansas State rie Rivers Network, River Network, liance of Ventura & Santa Barbara Counties; Chamber of Commerce; Associated Builders Roots & Shoots, University of Tampa, Corona Chamber of Commerce; County of & Contractors Associated Builders & Con- San Joaquin, California; Elk Grove Chamber tractors Delaware Chapter. Sierra Club, Southern Environmental of Commerce; Fresno Chamber of Commerce; Law Center, Surfrider Foundation. Associated Builders & Contractors Empire Fullerton Chamber of Commerce; Goleta State Chapter; Associated Builders & Con- Under rural development, there is the Valley Chamber of Commerce. tractors Florida East Coast Chapter; Associ- Center for Rural Affairs. Golf Course Superintendents Association ated Builders & Contractors Heart of Amer- There are reasons all these groups— of Southern California; Greater Bakersfield ica Chapter; Associated Builders & Contrac- scientists and biologists—have come Chamber of Commerce; Greater Conejo Val- tors Illinois Chapter; Associated Builders & together. They want to protect the wa- ley Chamber of Commerce; Greater Grass Contractors Mississippi Chapter; Associated terways of the United States of Amer- Valley Chamber of Commerce; Hi-Lo Desert Builders & Contractors New Orleans/Bayou ica. This bill will take us back to Golf Course Superintendent Association; In- Chapter; Associated Builders & Contractors land Empire Golf Course Superintendents square one. This bill goes against the Pelican Chapter; Associated Builders & Con- Association; Inland Empire Regional Cham- tractors Rocky Mountain Chapter; Associ- most incredible group of opponents. ber of Commerce; Long Beach Area Chamber ated Builders & Contractors Western Michi- This bill ignores the will of the people. of Commerce; Los Angeles Area Chamber of gan Chapter; Associated Builders and Con- So I am very hopeful that we will have Commerce; Murrieta Chamber of Commerce; tractors; Associated Industries of Arkansas, enough votes to stop the special inter- Oceanside Chamber of Commerce; Orange Inc.; Association of American Railroads; As- ests that want to keep dumping toxic County Business Council; Oxnard Chamber of sociation of American Railroads; Association material and dangerous material into Commerce. of Equipment Manufacturers (AEM); Asso- our waterways. Rancho Cordova Chamber of Commerce; ciation of Oil Pipe Lines; Association of Redondo Beach Chamber of Commerce; Rose- Texas Soil and Water; Baltimore Washington I know Senator BARRASSO and Sen- ville Chamber of Commerce; Rural County Corridor Chamber; Billings Chamber of Com- ator INHOFE would like time. Representatives of California; Sacramento merce; Birmingham Business Alliance; Bis- With that, I yield the floor. Metropolitan Chamber of Commerce; San marck-Mandan Chamber of Commerce; Mr. President, I ask unanimous con- Diego Regional Chamber of Commerce; San Buckeye Valley Chamber of Commerce; Buf- sent that when the first Republican Gabriel Valley Economic Partnership; San falo Niagara Partnership; Bullhead Area speaker is done, it goes back to a Dem- Joaquin Valley Quality Cotton Growers As- Chamber of Commerce; Business Council of ocrat, then back to a Republican, if sociation; Santa Clara Chamber of Com- Alabama; Cactus & Pine Golf Course Super- that is OK with everybody. merce and Convention-Visitors Bureau; intendents Association; California Cattle- The ACTING PRESIDENT pro tem- Santa Clarita Valley Chamber of Commerce; men’s Association; California Chamber of Santa Maria Valley Chamber of Commerce; Commerce. pore. Is there objection? South Bay Association of Chambers of Com- California Cotton Ginners Association; Without objection, it is so ordered. merce; South Orange County Economic Coa- California Farm Bureau; Calusa Golf Course The Senator from Oklahoma. lition; Torrance Area Chamber of Commerce; Superintendents Association; Camarillo Mr. INHOFE. Mr. President, I wish to Trinity Expanded Shale & Clay; Tuolumne Chamber of Commerce; Carson Valley Cham- do three things quickly. One is a re- County Chamber of Commerce; Western Ag- ber of Commerce; Central California Golf

VerDate Sep 11 2014 02:45 Nov 04, 2015 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.026 S03NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S7684 CONGRESSIONAL RECORD — SENATE November 3, 2015 Course Superintendents Association; Central Greater Raleigh Chamber of Commerce; Missouri Corn Growers Association; Mis- Delaware Chamber of Commerce; Central Greater Rome Chamber of Commerce; Green souri Dairy Association; Missouri Pork Asso- Florida Golf Course Superintendents Asso- Valley Sahuarita Chamber of Commerce & ciation; Missouri Soybean Association; Mo- ciation; Central New York Golf Course Su- Visitor Center; GROWMARK, Inc. Gulf Coun- bile Area Chamber of Commerce; Molokai perintendents Association; Chamber of Reno, ty Chamber of Commerce; Hastings Area Chamber of Commerce; Monroe County Sparks, and Northern Nevada; Chamber Chamber of Commerce; Hawaii Cattlemen’s Chamber of Commerce; Montana Chamber of Southwest Louisiana; Chambers of Com- Council; Heart of America Golf Course Su- Commerce; Montana Stockgrowers Associa- merce Alliance of Ventura & Santa Barbara perintendents Association; Hi-Lo Desert Golf tion; Morris County Chamber of Commerce; Counties; Chicago Southland Chamber of Course Superintendent Association; Holmes Moultrie-Colquitt County Chamber of Com- Commerce; Cincinnati USA Regional Cham- County Development Commission; Horseshoe merce; Mulzer Crushed Stone, Inc.; Munic- ber; City of Central Chamber of Commerce; Bend Area Chamber of Commerce; Houma- ipal and Industrial Division; Murrieta Cham- Cleveland-Bolivar County Chamber of Com- Terrebonne Chamber of Commerce; Idaho As- ber of Commerce; NAIOP, the Commercial merce; Club Managers Association of Amer- sociation of Commerce & Industry; Idaho Real Estate; Naperville Chamber of Com- ica; Coeur d’Alene Chamber of Commerce; Cattle Association; Idaho Dairymen’s Asso- merce; Natchitoches Area Chamber of Com- Colorado Association of Commerce & Indus- ciation; Idaho Golf Course Superintendents merce; National All-Jersey; National Asso- try; Colorado Cattlemen’s Association; Colo- Association; Illinois Association of Aggre- ciation of Home Builders; National Associa- rado Competitive Council; Colorado Live- gate Producers; Illinois Beef Association; Il- tion of Manufacturers; National Association stock Association; Colorado Nursery and linois Chamber of Commerce; Illinois Pork of REALTORSR; National Association of Greenhouse Association; Colorado Pork Pro- Producers Association; Independent Cattle- State Departments of Agriculture; National ducers Council. men’s Association of Texas; Indiana Beef Association of Wheat Growers; National Columbia County Chamber of Commerce; Cattle Association. Black Chamber of Commerce; National Connecticut Association of Golf Super- Indiana Chamber of Commerce; Indiana Cattlemen’s Beef Association. intendents; Conservation Districts; Corn Re- Pork Producers Association; Indianapolis finers Association; Corona Chamber of Com- Chamber of Commerce; Industrial Minerals National Chicken Council; National Club merce; County of San Joaquin, California; Association—North America; Inland Empire Association; National Corn Growers Associa- CropLife America; Crowley Chamber of Com- Golf Course Superintendents Association; In- tion; National Cotton Council; National merce; Dairy Producers of New Mexico; land Empire Regional Chamber of Com- Council of Farmer Cooperatives; National Dairy Producers of Utah; Dakota County Re- merce; International Council of Shopping Federation of Independent Business; Na- gional Chamber of Commerce; Darke County Centers; International Council of Shopping tional Golf Course Owners Association of Chamber of Commerce; Dauphin Island Centers (ICSC); International Liquid Termi- America; National Industrial Sand Associa- Chamber of Commerce; Delaware State nals Association (ILTA); Interstate Natural tion; National Mining Association; National Chamber of Commerce; Delta Council; Den- Gas Association of America (INGAA); Iowa Multifamily Housing Council; National Oil- ver Metro Chamber of Commerce; Develop- Association of Business and Industry; Iowa seed Processors Association; National Pork ment Association; Distribution Contractors Cattlemen’s Association; Iowa Cattlemen’s Producers Council; National Rural Electric Association; Dubuque Area Chamber of Com- Association; Iowa Chamber Alliance; Iowa Cooperative Association; National Sorghum merce; Durango Chamber of Commerce; Golf Course Superintendent Association; Producers; National Stone, Sand and Gravel Earthmoving Contractors Association of Iowa Pork Producers Association; Iowa Seed Association (NSSGA); National Turkey Fed- Texas; Economic Progress (FEEP); Edison Association; Irrigation Association; JAX eration; National Water Resources Associa- Electric Institute; Elk Grove Chamber of Chamber; Jeff Davis Chamber of Commerce; tion; Nebraska Cattlemen; Nebraska Cattle- Commerce; Energy Piping Systems Division; Juneau Chamber of Commerce; Kalispell men Association; Nebraska Chamber of Com- Everglades Golf Course Superintendents As- Chamber of Commerce; Kansas Agribusiness merce and Industry; Nebraska Golf Course sociation; Exotic Wildlife Association. Retailers Association; Kansas Agribusiness Superintendents Association; Nebraska Pork Fall River Area Chamber of Commerce & Retailers Association; Kansas Chamber of Producers Association, Inc; Nevada Cattle- Industry; Federal Forest Resources Coali- Commerce. men’s Association; New Hampshire Business tion; Florida Cattlemen’s Association; Flor- Kansas Farm Bureau; Kansas Grain and and Industry Association; New Jersey State ida Chamber of Commerce; Florida Golf Feed Association; Kansas Livestock Associa- Chamber of Commerce. tion; Kansas Livestock Association; Kansas Course Superintendents Association; Florida New Mexico Association of Commerce & Pork Association; Kentucky Cattlemen’s As- Sugar Cane League; Florida West Coast Golf Industry; New Mexico Cattle Growers Asso- sociation; Kentucky Chamber of Commerce; Course Superintendents Association; Fort ciation; New York Beef Producers’ Associa- Kentucky Pork Producers Association; Collins Area Chamber of Commerce; Founda- tion; New York State Turfgrass Association; Lafourche Chamber of Commerce; Lake tion for Environmental and; Fred Weber, Norfolk Area Chamber of Commerce; North Havasu Area Chamber of Commerce; Leading Inc.; Fresno Chamber of Commerce; Ful- Carolina Aggregates Association; North Builders of America; Lima/Allen County lerton Chamber of Commerce; Georgia Agri- Carolina Cattlemen’s Association; North Chamber of Commerce; Lincoln Chamber of business Council; Georgia Cattlemen’s Asso- Carolina Cattlemen’s Association; North Commerce; Litchfield Area Chamber of Com- ciation; Georgia Chamber of Commerce; Carolina Chamber; North Carolina Pork merce; Long Beach Area Chamber of Com- Georgia Cotton Commission; Georgia Golf Council; North Country Chamber of Com- merce; Los Angeles Area Chamber of Com- Course Superintendents Association; Georgia merce; North Dakota Stockmen’s Associa- merce; Louisiana Association of Business Green Industry Association; Georgia Pork tion; North Dakota Stockmen’s Association; and Industry; Louisiana Cattlemen’s Asso- Producers Association; Glendale Chamber of North Florida Golf Course Superintendents ciation; Louisiana/Mississippi; Louisiana/ Commerce; Goleta Valley Chamber of Com- Association; North Western Illinois Course Mississippi Golf Course Superintendents As- merce; Golf Course Builders Association of Superintendents Association; Northeast sociation; Maine Arborist Association; Maine America; Golf Course Superintendents Asso- Dairy Farmers Cooperatives; Northeastern Landscape & Nursery Association; Marana ciation of America. Golf Course Superintendents Association; Golf Course Superintendents Association Chamber of Commerce; McLean County Northern Colorado Legislative Alliance; of Cape Cod; Golf Course Superintendents Chamber of Commerce. Northern Kentucky Chamber of Commerce; Association of New Jersey; Golf Course Su- Mesa Chamber of Commerce; Metro At- Northern Ohio Golf Course Superintendents perintendents Association of Southern Cali- lanta Chamber of Commerce; Metro Denver Association; Oceanside Chamber of Com- fornia; Grand Junction Area Chamber of Economic Development Corporation; Michi- merce; Ohio Aggregates & Industrial Min- Commerce; Grand Rapids Area Chamber of gan Cattlemen’s Association; Michigan erals Association; Ohio AgriBusiness Asso- Commerce; Grant County Chamber of Com- Cattlemen’s Association; Michigan Chamber ciation. merce & Tourism; Greater Bakersfield of Commerce; Michigan Golf Course Super- Chamber of Commerce; Greater Casa Grande intendents Association; Michigan Pork Pro- Ohio Cattlemen’s Association; Ohio Cattle- Chamber of Commerce; Greater Cedar Valley ducers Association; Mid-Atlantic Associa- men’s Association; Ohio Chamber of Com- Alliance & Chamber; Greater Conejo Valley tion of Golf Course Superintendents; merce; Oklahoma Cattlemen’s Association; Chamber of Commerce; Greater Elkhart MIDJersey Chamber of Commerce; Milk Pro- Oklahoma Farm Bureau; Oklahoma Pork Chamber of Commerce; Greater Fairbanks ducers Council; Minden-South Webster Council; Olive Branch Chamber of Com- Chamber of Commerce; Greater Flagstaff Chamber of Commerce; Minnesota merce; Opelika Chamber of Commerce; Or- Chamber of Commerce; Greater Grass Valley AgriGrowth Council; Minnesota Agri- ange County Business Council; Oregon Chamber of Commerce; Greater Hall Cham- Women; Minnesota Crop Production Retail- Cattlemen’s Association; Oregon Dairy ber of Commerce; Greater Hernando County ers; Minnesota Golf Course Superintendents Farmer’s Association; Orlando Regional Chamber of Commerce; Greater Hyde County Association; Minnesota Pork Producers As- Chamber of Commerce; Ottawa Area Cham- Chamber of Commerce; Greater Louisville sociation; Minnesota State Cattlemen’s As- ber of Commerce; Oxnard Chamber of Com- Inc.; Greater North Dakota Chamber of Com- sociation; Minnesota State Cattlemen’s As- merce; Palm Beach Golf Course Superintend- merce; Greater Oak Brook Chamber of Com- sociation; Mississippi Cattlemen’s Associa- ents Association; Peaks & Prairies Golf merce and Economic Development Partner- tion; Missouri Agribusiness Association; Mis- Course Superintendents Association; Penn- ship; Greater Oklahoma City Chamber. souri Cattlemen’s Association; Missouri sylvania Cattlemen’s Association; Pike Greater Omaha Chamber of Commerce; Cattlemen’s Association; Missouri Cattle- County Chamber of Commerce; Plastic Pipe Greater Phoenix Chamber of Commerce; men’s Association. Institute; Pocatello-Chubbuck Chamber of

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The Rancho Cordova Chamber of Commerce; ber of Commerce; Western Peanut Growers Redondo Beach Chamber of Commerce; Re- Association. ones who want this the most are the hoboth Beach-Dewey Beach Chamber of Western United Dairymen; White Pine farmers and the ranchers, and a lot of Commerce Florida; Responsible Industry for Chamber of Commerce; Wickenburg Chamber other people too, but my State of Okla- a Sound Environment (RISE); Richland of Commerce; Willoughby Western Lake homa is a farm State, and I can re- Chamber of Commerce; Ridge Golf Course County Chamber of Commerce; Willows member not too long a guy named Tom Superintendents Association; Riverside & Chamber of Commerce; Wilmington Chamber Buchanan. He was the chairman of the Landowners Protection Coalition; Roanoke of Commerce; Wisconsin Cattlemen’s Asso- Oklahoma Farm Bureau. He said that, ciation; Wisconsin Pork Association; Wyo- Valley Chamber of Commerce; Rochester historically, it has not been this way. Area Chamber of Commerce; Rochester Busi- ming Ag-Business Association; Wyoming ness Alliance; Rocky Mountain Golf Course Crop Improvement Association; Wyoming But as it is right now, the major prob- Superintendents Association; Rogers-Lowell Stock Growers Association; Wyoming Wheat lem farmers and ranchers have in my Area Chamber of Commerce; Roseville Growers Association; Yuma County Chamber State of Oklahoma is not anything Chamber of Commerce; Sacramento Metro- of Commerce. that is found in the farm bill, it is the politan Chamber of Commerce; San Diego Mr. INHOFE. Now, the waters of the overregulation of the EPA. Of all of the Regional Chamber of Commerce; San Gabriel United States rule is not just another regulations of the EPA that are over- Valley Economic Partnership; San Joaquin example of regulatory overreach. I regulating and putting farmers out of Valley Quality Cotton Growers Association; business, the one that is the worst is Santa Clara Chamber of Commerce and Con- chair the Committee on Environment vention-Visitors Bureau; Santa Clarita Val- and Public Works. We have jurisdiction the waters of the United States rule. ley Chamber of Commerce; Santa Maria Val- over the EPA, yet they do not want to Let me share this with you, Mr. ley Chamber of Commerce; Savannah Area even come in and testify when re- President. Five years ago, the lib- Chamber of Commerce; Scottsdale Area quested, and that is something I don’t erals—those who want all the power in Chamber of Commerce. think has ever happened before. Washington—made an effort to take Select Milk Producers, Inc.; Shoals Cham- This rule we are talking about now is the word innavigable out. Historically, ber of Commerce; Silver City Grant County illegal. It is not supported by the this has always been in the jurisdiction Chamber of Commerce; South Baldwin of the States, except for navigable Chamber of Commerce; South Bay Associa- science, it is not supported by the tech- tion of Chambers of Commerce; South Caro- nical experience of the Corps of Engi- waters. I understand that, and every- lina Cattlemen’s Association; South Dakota neers, and it is a political power grab. one else does too. So Senator Feingold Cattlemen’s Association; South Dakota Pork Thirty-one States—here is the chart— from the Senate and Congressman Producers Council; South East Dairy Farm- filed lawsuits against the WOTUS rule. Oberstar from the House got together ers Association; South Florida Golf Course If we don’t act to send this rule back, and introduced a bill to take the word Superintendents Association; South Orange States, local governments, farmers, navigable out and give all the power to County Economic Coalition; South Texans’ and landowners could face years of the Federal Government. Not only did Property Rights Association; South Texas abuse by the EPA until the courts in- we defeat their legislation, but they Cotton & Grain Association; Southeastern Lumber Manufacturers Association; South- evitably strike the rule down. were both defeated in the next election. ern Cotton Growers, Inc.; Southern Crop Pro- Believe me, it is inevitable that the So this is a huge issue. It is one of duction Association; Southwest Council of rule will be overturned. I think we regulation. It is one we need to go Agribusiness; Southwest Indiana Chamber; know that. That is not just my opin- ahead with, since the courts have de- Sports Turf Managers Association; Springer ion. This is the conclusion of the two cided what is going to happen eventu- Chamber of Commerce; Springfield Area courts that have looked at this rule so ally. We need to go ahead and pass this Chamber of Commerce; St. Albans Coopera- far. legislation or we are going to be work- tive Creamery Inc.; St. Johns County Cham- On August 27, Judge Erickson of the ing in a direction that is contrary to ber of Commerce. District of North Dakota issued an in- our court system. St. Joseph Chamber of Commerce; St. Jo- junction that prevented the WOTUS I yield the floor. seph County Chamber of Commerce; Sugar The ACTING PRESIDENT pro tem- Cane Growers Cooperative of Florida; rule from going into effect in 13 States. Suncoast Golf Course Superintendents Asso- Oklahoma, my State, was not one of pore. The Senator from Maryland. ciation; Tempe Chamber of Commerce; Ten- the 13 States. According to Judge Mr. CARDIN. Mr. President, let me nessee Cattlemen’s Association; Texas & Erickson—and this is her court—‘‘the make it clear what this legislation Southwestern Cattle Raisers Association; rule allows EPA regulation of waters would do. It is true it would stop the Texas Cattle Feeders Association; Texas Cat- that do not bear any effect on the final rule on the waters of the United tle Feeders Association; Texas Forestry As- ‘chemical, physical and biological in- States that has been issued, but it sociation; Texas Pork Producers Associa- tegrity of any navigable-in-fact would also change the underlying cri- tion; Texas Pork Producers Association; water.’’’ teria in the Clean Water Act. So it not Texas Poultry Federation; Texas Seed Trade only blocks the rule from going for- Association; Texas Sheep & Goat Raisers As- As a result, Judge Erickson con- sociation; Texas Wheat Producers Associa- cluded this rule is ‘‘likely arbitrary ward, it weakens the Clean Water Act. tion; Texas Wildlife Association; Texas Wine and capricious.’’ That means it violates So let me talk a little about both. and Grape Growers; The Associated General the law. That is what the judge said. The final rule on the waters of the Contractors of America; The Business Coun- Now, on October 9, the Sixth Circuit United States that has been issued re- cil of New York State; The Fertilizer Insti- Court of Appeals reached the same con- stores clarity to the enforcement of the tute; The Independent Petroleum Associa- clusion and issued a nationwide stay on Clean Water Act. It restores it to what tion of America (IPAA); Thompson Contrac- the WOTUS rule. was commonly understood before a se- tors, Inc.; Torrance Area Chamber of Com- My committee has conducted a lot of ries of Supreme Court cases that really merce. oversight. I believe we have had six raised questions as to which water bod- Treasure Coast Golf Course Superintend- ents Association; Treated Wood Council; hearings so far. We have memoranda ies, in fact, can be regulated under the Trinity Expanded Shale & Clay; Tucson from the Army Corps of Engineers that Clean Water Act. The worst possible Metro Chamber; Tuolumne County Chamber document the fact that EPA is claim- outcome is the lack of clarity because of Commerce; Tuscola Stone Co.; U.S. ing the authority to assert Federal you don’t know. You don’t know what Cattlemen’s Association; U.S. Chamber of control wherever they want no matter the rules are. Commerce; U.S. Poultry & Egg Association; what the science says or what the tech- The final rule that has been pro- United Egg Producers; USA Rice Federation; nical or legal experts of the Corps say. posed, and that now is final, would re- Utah Cattlemen’s Association; Virginia Agri- So what we have is a rule that is not store that clarity to what was gen- business Council; Virginia Cattlemen’s Asso- developed based on science or technical erally understood to be waters of the ciation; Virginia Pork Council, Inc.; Virginia United States. To say it in laymen’s Poultry Federation; Virginia State Dairy- expertise. Instead, it is based on a po- men’s Association; Vocational Agriculture litical goal to call everything a water terms, it is waters that lead to, in ef- Teachers Association; Wabash County Cham- of the United States. fect, the water qualities of our streams ber of Commerce; Washington Cattle Feeders If we look at the chart that is set up and our waters and our lakes in Amer- Association; Washington Cattlemen’s Asso- right now, it is imperative we have to ica. It affects public health. It affects

VerDate Sep 11 2014 01:42 Nov 04, 2015 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A03NO6.005 S03NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S7686 CONGRESSIONAL RECORD — SENATE November 3, 2015 public health directly by the health of For all of those reasons, we don’t waste treatment systems, artificially our waters of the United States, as well want to jeopardize and move back- irrigated areas that are otherwise dry as providing the source for safe drink- wards on the Clean Water Act of 1972. land, artificial lakes or ponds con- ing waters. We want to add to that. This piece of structed in dry land, water-filled de- So what is at risk? If this final rule legislation would, in fact, move us in pressions created as a result of con- is blocked and does not become law, the wrong direction. struction activities, and the list goes over half of our Nation’s stream miles I just want to, for one moment, talk on and on. are at risk of not being regulated under about the Chesapeake Bay. The people The rule does not—does not—protect the Clean Water Act. Twenty million of Maryland and the people of our re- any types of waters that have not his- acres of wetlands are at risk of not gion know how important it is for our torically been covered under the Clean being adequately regulated under the economy—the watermen who make Water Act. It does not add any new re- Clean Water Act. The drinking source their living off it and the recreational quirements for agriculture. It does not for water for one out of three Ameri- use of the bay. Millions of people every interfere with or change private prop- cans would be at risk. year depend upon the bay for their erty rights. It does not change policy So this legislation would not only recreation. It is a way of life for our on irrigation or water transfers. It does block the implementation of the final State and for our region. It is a na- not address land use. It does not cover rule, it would also weaken the Clean tional treasure—the largest estuary in erosional features, such as gullies, Water Act. It would drastically narrow our hemisphere. And it depends upon rills, and nonwetland swells. In other words, we have maintained the historic scope of the Clean Water receiving clean water supplies that the historic exemptions for agriculture Act, arbitrarily putting in nonsci- come in from other States, not just from the Clean Water Act. They are entific standards for how the rules Maryland. You can’t regulate the clean would be developed. not expanded under this rule. water of the Chesapeake Bay without So let me just cite a couple of quotes Mr. President, since the enactment of having a national commitment to it from people who are directly impacted the Clean Water Act, every Congress because it knows no State boundary. by what is being done under the clean has tried to strengthen the Clean That is why we need a strong Clean water rule and, of course, would be af- Water Act, not weaken it. The Clean Water Act. fected by the legislation before us. Water Act was a piece of bipartisan I have heard my colleagues talk As to the small business community, legislation passed in 1972. As Senator about agricultural farmers being I quote from David Levine, who is the BOXER pointed out, it was in response against this. Well, farmers will not be CEO of the American Sustainable Busi- to rivers literally catching fire and harmed by the EPA’s final clean water ness Council: dead zones being found in our lakes. rule. In fact, it actually is good for The Clean Water Rule will give the busi- In the Chesapeake Bay we had the farmers because it provides certainty ness community more confidence that first marine dead zone that we were and clarity. In developing the rule, the streams and rivers will be protected. This is trying to respond to. In San Francisco EPA and the Army Corps of Engineers good for the economy and vital for busi- Bay we had PCBs at unacceptably high listened carefully to input from the ag- nesses that rely on clean water for their suc- levels. That is why we passed the Clean ricultural community, the U.S. Depart- cess. . . . Business owners want a consistent Water Act. The legacy of every Con- ment of Agriculture, and the State de- regulatory system based on sound science. That’s what this rule provides. gress should be to strengthen the Clean partments of agriculture. As Senator Water Act, to make sure we do have BOXER pointed out, there were over 400 Ben Rainbolt, executive director of clean waters in the United States. If meetings with stakeholders across the the Rocky Mountain Farmers Union: this legislation were to become law, country. Water is critical to the livelihood of family the legacy of this Congress would be to The act requires a permit if a pro- farms and ranches. The rule employs a com- weaken the Clean Water Act. I don’t monsense rationale for both clarifying what tected water is going to be polluted or bodies of water and activities should fall think we want to do that. destroyed. However, agricultural ac- under the Clean Water Act, as well as main- As I pointed out, this legislation not tivities such as planting, harvesting, taining the existing exemptions for agri- only rescinds the final clean water and moving stock across streams have culture. This rule will result in cleaner, safer rule, but it really changes the goal of long been excluded from permitting, water for agriculture, rural communities, the Clean Water Act. Currently, the and that won’t change under the rule. and all who count on healthy streams and goal is to ‘‘restore and maintain the In other words, farmers and ranchers rivers. chemical, physical, and biological in- won’t need a permit for normal agricul- Andrew Lemley, government affairs tegrity of the Nation’s waters.’’ That is tural activities to happen in or around representative, New Belgium Brewing: science based. Instead, it would be those waters. Our brewery and our communities depend changed to protect traditional navi- The rule does preserve agricultural on clean water. Beer is, after all, over 90 per- gable waters from pollution, which is a exemptions from permitting, including cent water and if something happens to our source water the negative affect on our busi- far different standard than dealing normal farming, silviculture and ness is almost unthinkable. . . . We all rely with the health issues of the waters of ranching practices. Those activities in- on responsible regulations that limit pollu- the United States. clude plowing, seeding, cultivating tion and protect water at its source. Over the The arbiter of this would be the De- minor drainage, and harvesting for pro- past 23 years we’ve learned that when smart partment of Agriculture on the duction of food, fiber, and forest prod- regulations and clean water exists for all, hydrological science. They are not ucts. Soil and water conservation prac- business thrives. qualified to do that. It is not their tices in dry land are preserved. As to I particularly like that one because field. As I will point out in detail, the agricultural storm water discharges, we have all seen the ads on television regulatory structure for agriculture is there are no changes. Return flows about clean water. It affects small not changed under this final Clean from irrigated agriculture, construc- businesses. It affects all of our busi- Water Act. And the bill would ignore tion, and maintenance of farm and nesses. hydrological science by requiring a stock ponds or irrigation ditches on I will conclude with those who de- continuous flow of water to be regu- dry land are not regulated under this pend upon recreation, who strongly lated, ignoring the fact that there are bill. Maintenance of drainage ditches is support the clean water rule and op- seasonal variations where you can have not regulated. Construction or mainte- pose the legislation that is before us. water flows that dry up for a period of nance of farm, forest, and temporary I will quote from Andy Kurkulis, time but which are still critically im- mining roads are not regulated. It en- owner of Chicago Fly Fishing Outfit- portant to the supply of clean water in sures that fields flooded for rice are ex- ters and DuPage Fly Fishing Company: the United States. It ignores the nexus empt and can be used for water storage Anyone who has ever swam in our beau- test, which has been referred to in Su- tiful Great Lakes, or fished or boated on our and bird habitat. abundant rivers and waters has benefited im- preme Court cases, using adjacent The rule also does preserve and ex- measurably. Now is the time to raise our water—next to navigable waters—with- pand commonsense exclusions from ju- voices in support of clean water—our econ- out any definition of what ‘‘next to’’ risdiction, including—this is ex- omy, and future generations of hunters and means. It puts public health at risk. cluded—prior converted croplands, anglers, depend on it.

VerDate Sep 11 2014 01:42 Nov 04, 2015 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.030 S03NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 3, 2015 CONGRESSIONAL RECORD — SENATE S7687 I think the verdict is clear. The rule tainly not for those who have to put a produced a final rule worse than the which has been proposed will add to the shovel in the ground to make a living. one originally proposed. protections the public deserves for pub- The courts have begun to weigh in Here is an example. Instead of clari- lic health and their drinking water. It with their concerns about this WOTUS fying the difference between a stream is a sensible regulation. It is clearly rule, and they have actually given Con- and an erosion on the land, the rule de- under the authority of the Clean Water gress and stakeholders a necessary fines ‘‘tributaries’’ to include anyplace Act. pause. That is why we are here today. where EPA thinks—where EPA I urge my colleagues to reject this In August of this year, Judge thinks—it sees an ‘‘ordinary high- legislation and certainly the cloture Erickson of the District of North Da- water mark.’’ What looks like, not motion so that we don’t reject the rule kota issued an injunction that blocked what is; what looks like, what they and weaken the Clean Water Act. the waters of the United States rule in think is this ordinary high-water I yield the floor. 13 States. He did it because the rule- mark. Even worse, EPA proposes to The PRESIDING OFFICER (Mr. making record was, in the judge’s make those decisions from sitting at FLAKE). The Senator from Wyoming. words, ‘‘inexplicable, arbitrary, and de- their desks using aerial photographs, Mr. BARRASSO. Mr. President, I ap- void of a reasoned process.’’ With re- laser-generated images, claiming that preciate the opportunity today to move gard to the rationale behind the EPA’s a visit to the location is not necessary. this legislation. It is bipartisan, and it threshold for what is and is not Federal Under the rule, the Environmental protects our environment and helps water, he stated: ‘‘On the record before Protection Agency also has the power small businesses all across the country. the court, it appears that the standard to regulate something as ‘‘waters of S. 1140, the Federal Water Quality is the right standard only because the the United States’’ if it falls within a Protection Act, is legislation I intro- Agencies say it is.’’ 100-year floodplain or if it is within duced, along with a number of Demo- The U.S. Sixth Circuit Court of Ap- 4,000 feet of a navigable water or a trib- cratic Senators—Senators DONNELLY, peals then put a nationwide stay on the utary and the EPA claims there is a HEITKAMP, and MANCHIN—and many rule on October 9 of this year. In grant- ‘‘significant nexus.’’ What is a signifi- other Senators. ing the stay, the court said, ‘‘The sheer cant nexus? Under this rule, a ‘‘signifi- The Senator from California pre- breadth of the ripple effects caused by cant nexus’’ can mean a water feature viously spoke. I would point out that the Rule’s definitional changes counsel that provides ‘‘life cycle dependent the California Chamber of Commerce strongly in favor of maintaining the aquatic habitat’’ for a species. So if supports my legislation and the Cali- status quo for the time being.’’ So keep you are drawing 4,000-foot circles fornia Farm Bureau supports my legis- it as it is for the time being. The court around anything the EPA defines or lation because this legislation will pro- added that ‘‘a stay temporarily si- identifies as a tributary—remember, tect our Nation’s navigable waters and lences the whirlwind of confusion that 4,000 feet, so we are talking over 13 the streams and wetlands that help our springs from uncertainty about the re- football fields long, and everywhere navigable waters stay clean. This bill quirements of the new Rule and wheth- there is a potential aquatic habitat. So is a testament to the hard work both er they will survive legal testing.’’ essentially almost the entire United sides of the aisle have done in achiev- So what the courts have basically States, according to this, would be un- ing an agreement on an environmental done is said: Let Congress have time to derwater. Actually, 100 percent of the protection bill. act. State of Virginia is under this jurisdic- Our rivers, our lakes, our wetlands, We don’t have to sit on the sidelines tion and 99.7 percent of the State of and all other waterways are among and watch this rule slowly crumble Missouri falls within this area—under- America’s most treasured resources. In under legal scrutiny. Contrary to some water, if you will, according to the my home State of Wyoming, we have activist groups’ rhetoric, we are not EPA guidelines. some of the most beautiful rivers in facing an immediate environmental I would like to take a moment to the world—the Snake River, the Wind water pollution crisis. In fact, in grant- talk about puddles because one of the River, and dozens of others. People ing the stay, the Sixth Court stated previous speakers on the other side of from around the world come to Wyo- that ‘‘neither is there any indication the aisle talked about puddles. People ming to visit because we have an envi- that the integrity of the nation’s water know what they think about when they ronmental landscape that is second to will suffer imminent injury if the new think about a puddle—like when it none. Anyone who has come to my scheme is not immediately imple- rains. The final rule does exempt pud- State and experienced Yellowstone Na- mented and enforced.’’ They even dles defined as ‘‘very small, shallow, tional Park, Grand Teton, and the Big called it a ‘‘scheme.’’ and highly transitory pools of water Horn Mountains comes away with a We now have the opportunity to do that forms on pavement or uplands sense that Wyoming is a pristine and better, and to do better, we must act during or immediately after a rain- beautiful place. It is what Wyoming now. That is why we must take this op- storm or similar precipitation event.’’ I sells, and it is what makes Wyoming so portunity to pass the legislation before guess that would mean like when the unique. us that will have EPA do a new rule snow melts. The rule specifically does The people of Wyoming are devoted under a specific set of principles out- take control over other pools of water to keeping our waterways safe. We lined by Congress. These are principles created by rain, like those we have all want to preserve the water for our chil- that protect navigable waters and adja- around Wyoming—prairie potholes, dren and grandchildren. We understand cent wetlands, as well as farmers, vernal pools—even if the land where there is a right way and a wrong way ranchers, and other landowners. these pools of water form is far away to do it. I know some Senators gave the ad- from any navigable water or even a It is possible to have reasonable regu- ministration the benefit of the doubt tributary. Under this new regulation, lations to help preserve our waterways with this rule despite concerns they nearly all of these pools of water cre- while respecting the difference between heard from their constituents, and ated by rain will now be considered State waters and Federal waters. This those Senators waited for the final re- ‘‘waters of the United States,’’ giving is the environmental legacy that my sult before making a judgment to see if the Environmental Protection Agency constituents want, and it is a legacy those concerns would be addressed. I the power to regulate what you do on they have earned for their decades of am here to say that whatever conces- that land. These provisions are sweep- sound management. It is the people of sions the EPA says they made to ad- ing and will create uncertainty in com- Wyoming who have kept Wyoming’s dress some of these serious problems munities all across the country. waterways pristine and beautiful. raised by their proposed rule, the EPA There is plenty that I have already The EPA has now released new rules. added new provisions in the final rule outlined in the waters of the United The new rule is called the waters of the that greatly expand their authority. States rule that is bad for agriculture, United States rule, WOTUS. This rule This is disappointing because I believe with the many methods it provides for doesn’t work for the people of Wyo- the great majority of Senators voiced federalizing previously State-con- ming. It most likely doesn’t work for concerns in the process, and those con- trolled water. The States have made any of your constituents, either—cer- cerns fell on deaf ears. The EPA has these decisions in the past. Now we are

VerDate Sep 11 2014 01:42 Nov 04, 2015 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.013 S03NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S7688 CONGRESSIONAL RECORD — SENATE November 3, 2015 adding another level of government bu- was worse than the proposed rule—a nearly 40 years have been retained. We reaucracy. rule that will likely not survive legal have learned a little bit since then This rule is bad for agriculture, for scrutiny based on what we saw from about what goes on. those people who produce our food. the courts, a rule that doesn’t rep- One place I recently went to was Farmers, ranchers, and others are used resent the interests of our farmers, Ohio. I spent the weekend in Ohio to working with their States to protect ranchers, families, small businesses, doing one of my climate tours of the their land and water under their own and communities—let’s move forward difficult States of the Union. In Ohio, I stewardship. with the bipartisan Federal Water went to Port Clinton on Lake Erie. I We heard from the Senator from Quality Protection Act to ensure the was taken by the folks from Stone Lab- California about groups opposing this, public that we hear and we understand oratory and from some of the leading but 480 different groups support this their concerns. charter captains in this area off to the bill, and they are major national At the same time, let’s give EPA and Bass Islands just offshore. They told groups: the American Farm Bureau, the Army Corps the certainty they me about the algal bloom that took the Agricultural Retailers Association, need to confidently move forward with place in the Toledo area. Technically, the American Soybean Association, the a new rule—a rule that truly reflects this was not an algal bloom. Tech- American Sugar Alliance, the Milk the needs of the constituents we rep- nically, it was cyanotic bacteria; it was Producers Council, the National Asso- resent. Let’s protect our Nation’s wa- a bacterial bloom. It was so thick that ciation of Wheat Growers, the National terways for the long term. the fishing captains described how Cattlemen’s Beef Association, the Na- I yield the floor. their boats slowed down in the muck. tional Chicken Council, the National The PRESIDING OFFICER. The Sen- It was like running a powerboat Corn Growers Association, the Na- ator from Rhode Island. through pudding. tional Council of Farmer Cooperatives, Mr. WHITEHOUSE: Mr. President, Toledo had to stop providing fresh- the National Pork Producers Council, the famous Republican Senator from water to its citizens and spent millions the National Turkey Federation, the Rhode Island John Chafee, who was one of dollars having to import freshwater U.S. Poultry and Egg Association, the of the authors of the Clean Water Act, and provide bottled water. Lake Erie is United Egg Producers, the USA Rice would be sorry to see what has become 2 percent of the water of all the Great Federation. I could go on and on. These of his party today and what is being Lakes with 50 percent of the fish. Two are the food producers of America. done to the Clean Water Act that so percent of the water and 50 percent of They support the legislation in front of many Republicans worked so hard on the fish in the Great Lakes are in Lake the Senate today. for over so many years. The pretense is Erie. It has a robust fishing economy The point is, not one State, not a sin- that some evil bureaucratic force at for walleyes and perch. The folks who gle State in this country is out there the EPA has leapt out to take over go out and make this their livelihood that doesn’t have a strong agriculture American farmers and ranchers. That don’t think it is very funny because presence. We all do. So I urge all Sen- is not what has happened. this whole watershed feeds down into ators to make sure, as they prepare to The Supreme Court made decisions Lake Erie. vote on this motion to proceed, that about what the Clean Water Act says, Because of climate change, phos- they check with their folks at home. defining the navigable waters of the phorous has driven rain bursts. The I would also note that many indus- United States, and the EPA had to fol- rains have powered up in this area. So tries outside of agriculture are con- low the Supreme Court’s guidance, the phosphorous is washing off the cerned with the rule as well. These in- which they did. I believe they have farmers’ fields and is coming down, and clude manufacturers, homebuilders, been faithful to that Supreme Court that is what is creating the cyanotic small businesses—you name it. They guidance. They went through more bacterial bloom in Lake Erie. are all very concerned with this rule, than 1,000 peer-reviewed scientific pub- This upstream stuff makes a big dif- and they want Congress to act now. Action could mean Congress can pass lications. They did 400 public meetings. ference to people who are downstream. a Congressional Review Act resolution, They had over 1 million comments on Wyoming doesn’t have a lot of down- which will be considered possibly later the proposed rule. Guess what. The stream. Wyoming is a landlocked in the process, but that would elimi- vast majority of those comments were State, so I appreciate why the Senator nate the WOTUS rule and prevent a in support of the rule. is so enthusiastic about this. But for substantially similar rule from being What we have here is not some DC those of us who are downstream, this is proposed. That would allow for a new bureaucratic evil presence against a rule that, frankly, is too weak. The rule as long as it was not substantially ranchers and farmers across the coun- fact that we have to stand here and similar to the existing rule. We need to try. What we have here is a fight be- fight it from getting even weaker— vote on this resolution. tween upstream and downstream. from putting our rivers and our bays at I believe S. 1140 is a better route, the As Senator BARRASSO very plainly even more risk—is very unfortunate. It one we have here today. This is a bipar- said a moment ago, the big players in is not just phosphorous. Phosphorous is tisan compromise. This is the bill that this are the big special interests in ag- what happens to drive the bacteria has a number of Senators from the riculture, the big pork producers with growth in Lake Erie. It is insecticides, Democratic side of the aisle cospon- their ginormous manure lagoons, and it is nitrogen, and they are doing im- soring the legislation. Most impor- the big commercial AG conglomerates. mense damage in our waterways. tantly, this piece of legislation on the If you want to be with them fine, but I will conclude where I began. If you floor today allows for Congress to es- let’s not pretend this is about pro- are Big Agriculture and this is your tablish the principles—Congress to es- tecting little ranchers and farmers. special interest bill, you ought to run tablish the principles—of what the new This is about upstream versus down- for it. Don’t waste your time on this. EPA would look like. stream. I come from Rhode Island. I am Grab this existing Clean Water Act I know a number of Democrats have from a downstream State. I have to say bill, and go for it like a bank robber ideas to improve the legislation that is that if I were in big agriculture and I with his money because you got away on the floor today specific for their saw this rule, instead of coming in here with being able to continue to do im- own States. If my colleagues vote to and whining and complaining and mense damage to downstream re- proceed to the motion to proceed at yanking people’s chains in order to get sources without any regulation at all. 2:30 this afternoon, we will have an changes made, I would grab this rule To now be here complaining—it is real- open amendment process that would and run like a bank robber because this ly amazing to those of us who are rep- allow Members to improve S. 1140 in a bill does so much for upstream agri- resenting downstream States, down- bipartisan way. We are willing to work culture at the expense of downstream stream interests, downstream fisheries, with anyone who wants to improve this fishermen, downstream aquaculture, downstream bays, and all the rule in a bipartisan way. But let’s not and the downstream health of our riv- catchment areas such as Lake Erie sit on the sidelines anymore. ers and bays. All agricultural exemp- that get clobbered as a result of pollut- Rather than support an EPA final tions and exclusions from Clean Water ants that flow into our waters. rule that actually makes it worse and Act requirements that have existed for I yield the floor.

VerDate Sep 11 2014 01:42 Nov 04, 2015 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.015 S03NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 3, 2015 CONGRESSIONAL RECORD — SENATE S7689 Ms. MIKULSKI. Mr. President, I wish lion Americans, including many visi- our votes, but we need to deal with this to join my colleagues in support of the tors to national parks, get their drink- very important legislation for the ben- clean water rule issued by the Environ- ing water from surface waters. efit of the American people. mental Protection Agency and the This includes many Rhode Islanders This waters of the United States Army Corps of Engineers and in opposi- who get their drinking water from final rule greatly expands the scope of tion to efforts to derail this critical sources that rely on small streams that the Clean Water Act regulation over rule. are protected by the clean water rule. America’s streams and wetlands. It is a Clean water is the lifeblood of our so- If Congress blocks the clean water real power grab by the EPA, and it ex- ciety and the basic foundation of good rule, Rhode Island’s streams and mil- ceeds the statutory authority of the public health. Our rivers, streams, and lions of acres of wetlands nationwide EPA. The Supreme Court has found wetlands connect communities near will again be at risk from pollution and that Federal jurisdiction under the and far through a common resource. degradation or destruction from devel- Clean Water Act extends the ‘‘navi- For decades, the Clean Water Act has opment, oil and gas production, and gable waters.’’ I don’t think anyone is protected our waters from pollution so other industrial activities. arguing about the EPA’s ability to reg- that Americans can rely on safe drink- Blocking this rule would potentially ulate navigable bodies of water like the ing water, can enjoy outdoor recre- imperil drinking water sources, as well Missouri River, in my State, but the ation, and can live in an environment as the small businesses and commu- Supreme Court has also made clear that supports wildlife and a healthy nities that rely on clean water. that not all bodies of water are under ecosystem. Thousands of acres of wetlands that the EPA’s jurisdiction. Yet, under the However, for the last 15 years uncer- provide flood protection, recharge administration’s final rule, all water tainty has muddied the Clean Water groundwater supplies, filter pollution, located within 4,000 feet of any other Act. The lack of clarity for which bod- and provide essential wildlife habitat water, or within the 100-year flood ies of water are federally regulated has are safeguarded under the clean water plain, is considered a water of the led the Army Corps of Engineers to a rule, including many of Rhode Island’s United States as long as the EPA or backlog of 18,000 requests from land- streams, wetlands, waterways, and the the Army Corps of Engineers decides it owners seeking help in complying with bay. has a ‘‘significant nexus’’ to that navi- the Clean Water Act. The new clean Additionally, the clean water rule gable water in the opinion of either the water rule resolves this uncertainty for seeks to protect small streams and Corps or the EPA. our local governments, our businesses, wetlands that support fish, wildlife, These agencies define significant and our farmers by clarifying which and recreational areas. nexus so that almost any body of water waters should be protected so that all We depend on clean water to drink, qualifies. For instance, if an area can Americans can rely on clean water. and our economy depends on clean hold rainwater or has water that can The rule restores historic coverage of water from manufacturing to farming seep into ground water, which is al- the Clean Water Act for streams and to tourism to recreation to energy pro- most any water anywhere, then there wetlands that provide drinking water duction and more to function and is significant nexus, according the EPA for one-third of Americans. flourish. or the Army Corps of Engineers, not to As one who has experienced the many We must make clean water a priority mention the fact that areas like the benefits of the Chesapeake Bay my throughout the nation. Prairie Pothole region in my State of whole life, I know just how important I urge my colleagues to support the North Dakota are specifically targeted it is to preserve and protect the world clean water rule and vote ‘‘no’’ on both as waters of the United States. The re- around us for future generations. The S. 1140 and S.J. Res. 22. sult is that the vast majority of the clean water rule would restore protec- The PRESIDING OFFICER. The Sen- Nation’s water features are located tions for more than half of Maryland’s ator from North Dakota. within 4,000 feet of a covered body of streams and many of its wetlands. Mr. HOEVEN. Mr. President, I rise water. Clean water means healthy families, today in support of bipartisan legisla- If this expansive rule sounds out of healthy marine life to support Mary- tion to fix intrusive regulation that bounds to you, you are not alone. In land watermen, and a healthy environ- will hurt job growth and that threatens fact, the waters of the United States ment. The clean water rule is crucial to place a large share of our Nation’s rule is such an overreach by the EPA to the health of the Chesapeake Bay farmers, ranchers, and small businesses and the Corps that 31 States are suing and to countless other bodies of water in the regulatory grip of the EPA. This to overturn it, including my State of in the United States. Let’s stand up for burdensome regulation is the EPA and North Dakota, which has led a lawsuit our Nation’s clean water and reject Army Corps’ final rule on the waters of brought by 13 of those 31 States. these attempts to derail the clean the United States. The bill to fix it is When granting a preliminary injunc- water rule. called the Federal Water Quality Pro- tion against this rule, the North Da- Mr. REED. Mr. President, today I tection Act. That is the bill we are kota Federal District Court stated that join many of my colleagues in opposing seeking to proceed to today so that we ‘‘the rule allows EPA regulation of S. 1140 and S.J. Res. 22. can debate it, amend it, and pass it to waters that do not bear any effect on These measures would block or nul- deal with this onerous regulation. the ‘chemical, physical and biological lify the clean water rule, which seeks The burdensome regulation we are integrity’ of any navigable-in-fact to safeguard our water and restore pro- talking about, of course, is the EPA water.’’ It went further to state that tections to drinking water sources for and Army Corps’ final rule on waters of ‘‘the rule asserts jurisdiction over one in three Americans, according to the United States. The Federal Water waters that are remote and intermit- the EPA, under the authority of the Quality Protection Act is legislation to tent waters. No evidence actually Clean Water Act. address it. It was authored by my good points to how these intermittent and The clean water rule helps to clarify friend from Wyoming Senator BAR- remote wetlands have any nexus to ambiguities stemming from the 2001 RASSO, and I cosponsored this legisla- navigable-in-fact water.’’ and 2006 Supreme Court decisions that tion, along with many others on our Meanwhile, the Sixth Circuit Court made the scope of the Clean Water Act side of the aisle. This is also a bipar- in Cincinnati, OH, issued a nationwide uncertain. tisan bill with our colleagues from stay of the rule, citing that the EPA This lack of protection has taken its across the aisle as well. This is bipar- and the Corps did not identify ‘‘specific toll, especially for wetlands and inter- tisan legislation. It has had bipartisan scientific support substantiating the mittent and headwater streams, slow- input, and I encourage Members on reasonableness of the bright-line stand- ing permitting decisions for respon- both sides of the aisle to proceed to ards they ultimately chose.’’ sible development, and reducing pro- this legislation. Let’s have this very This waters of the United States rule tections for drinking water supplies important debate on behalf of our is clearly flawed from a legal perspec- and critical habitat. farmers, ranchers, and so many other tive, but I think it is even more impor- According to the National Parks job creators across this country. As I tant to take a look at how this rule, if Conservation Association, over 117 mil- say, let’s offer amendments and have allowed to be implemented, will affect

VerDate Sep 11 2014 01:42 Nov 04, 2015 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.035 S03NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S7690 CONGRESSIONAL RECORD — SENATE November 3, 2015 hard-working Americans with exces- stifling growth with burdensome regu- October 9 the Sixth Circuit Court of sive regulation. lations that generate cost and uncer- Appeals stayed the rule nationwide. For those of you who haven’t had the tainty. The final rule on the waters of There is not consensus, obviously, on opportunity to visit with a farmer from the United States produced by the EPA what this rule does or does not do. my State of North Dakota, know that and the Corps to regulate virtually In internal memos, the Army Corps dealing with excess water is a common every body of water—pretty much of Engineers assistant chief counsel of issue, a daily issue, to say the least. water anywhere in the United States— environmental and regulatory pro- Those farmers can tell you that if is not the way to go. Let’s stop this grams highlighted a number of ‘‘seri- there is water in a ditch or a field one regulation. Please join me in voting to ous areas of concern’’ with the rule, in- week, it doesn’t mean there will be proceed to the Federal Water Quality cluding the ‘‘assertion of jurisdiction water there the next week. It certainly Protection Act. over every stream bed,’’ which would doesn’t make that water worthy of Mr. President, I yield the floor. have ‘‘the effect of asserting Clean being treated the same as a river. The PRESIDING OFFICER (Mr. BAR- Water Act jurisdiction over many A field with a low spot that has RASSO). The Senator from Arizona. thousands of miles of dry washes and standing water during a rainy week Mr. FLAKE. Mr. President, I come arroyos in the desert southwest.’’ and happens to be located near a ditch before the Senate to talk about the When you hear people stand and say does not warrant Clean Water Act reg- waters of the United States rule and that it will not affect dry washes, that ulation from a legal or, more impor- the legislation pending before us, S. is not what the rule says. We need clar- tantly, from a simple commonsense 1140. I hope we can proceed to the bill. ification. We need to pass this legisla- standpoint. This is an important issue. Obviously, tion. We need to actually invoke clo- The Corps and EPA have responded the definition of the waters of the ture so we can debate it and ultimately to these concerns by saying they are United States sets the rules of the pass it. This is a bipartisan measure exempting dozens of conservation prac- game of who is covered under the Clean that will address this issue and will ul- tices, but these exemptions cover farm- Water Act. As has been stated, several timately provide a new rule that has ers and ranchers only for changes made Supreme Court decisions over the past the consistency and uniformity that before 1977 or for changes that don’t decade and a half have created a lot of those who work the land really need. disturb any water or land now consid- uncertainty for landowners and those Arizona will benefit from it, and the ered to be a water of the United States. who work the land who aren’t sure entire country will benefit from it. In other words, if you need a new Clean whether they will be regulated. Regu- With that, I yield back. Water Act permit, you are not going to lated entities need a rule that is con- The PRESIDING OFFICER (Mr. qualify for the EPA’s exemption under sistent and that has some predict- FLAKE). The Senator from South Da- this rule. Moreover, the exemption ability. That is not what we are get- kota. does not cover all Clean Water Act per- ting with this rule. Mr. THUNE. Mr. President, Ameri- mits. The rule issued on June 29 defines ju- cans have had a tough time during the Because of this rule, the farmer with risdiction very broadly, as we heard, Obama administration with a sluggish the low spot in the field next to a especially when it comes to streams economic recovery that is barely wor- ditch, described above, may now be that don’t flow year round, intermit- thy of the name, stagnant wages for sued under the Clean Water Act’s Sec- tent, ephemeral streams, of which Ari- middle-class families, a health care law tion 402 National Pollutant Discharge zona has many. Several scientists who that ripped away millions of Ameri- Elimination System. This farmer now have been involved in the rulemaking cans’ preferred health care plans, and faces the risk of litigation costs for the process have told my staff that there is burdensome regulations that have United States of everyday weed control a disagreement between what the made it more challenging for busi- and fertilizer applicants, among other science says and what this rule says. nesses, large and small, to grow and essential farming activities. Science says that some streams are create jobs. Farmers and ranchers are far from strongly connected and others are not. One Agency has done more than its the only job creators who will suffer There is a so-called spectrum of fair share to make things difficult for under this rule. In fact, the Small Busi- connectivity, but this rule assumes Americans, and that is the Obama ness Administration Office of Advocacy they are all strongly connected. EPA. During the course of the Obama has expressed concern about the im- Let me show a picture of a stream. administration, this Agency has imple- pact it will have on other small busi- This is Dan Bell, a rancher in southern mented one damaging rule after an- nesses as well. Arizona, near the border of Santa Cruz other—from a massive national back- I am so concerned about this rule County, standing on a streambed or a door energy tax that threatens hun- that I have led the effort on our Appro- dry wash or arroyo that will likely be dreds of thousands of jobs to unreal- priations Committee to stop the rule in covered under this rule. Like Dan, I istic new ozone standards that have the its tracks. We were successful in in- grew up on a ranch in northern Ari- potential to devastate State econo- cluding language in the committee- zona. My whole life I have ridden mies. Reputed rebukes from various passed Interior-EPA Appropriations through a 7-mile draw, a 9-mile wash. Federal courts have done little to bill to do just that. The Federal Water The topography of the land was named check the EPA’s enthusiasm for crip- Quality Protection Act, however, offers for some of these dry washes, but they pling, job-destroying regulations. a long-term solution by vacating the only had water after a good rain which This week, the Senate is taking up waters of the United States rule and lasted a few minutes and that was it. legislation introduced by my colleague sending the EPA and the Corps back to Those will likely, under the definition from Wyoming Senator BARRASSO to the drawing board to develop a new of this new rule, be defined as waters of address one of the EPA’s biggest over- rule with instructions to consult with the United States. reaches—the so-called waters of the States, local governments, and small If you can imagine what ranchers and United States regulation. The EPA has businesses. other agricultural users are feeling long had authority under the Clean America’s farmers, ranchers, and en- right now, thinking that the Federal Water Act to regulate ‘‘navigable trepreneurs go to work every day to Government, in regulating what goes waters,’’ such as rivers, lakes, and build a stronger nation. Thanks to on with these streambeds or these dry major waterways. The inclusion of the these hard-working men and women, washes, is going to step in on other term ‘‘navigable’’ in the Clean Water we live in a country where there is af- State regulations that already exist. Act was deliberate. It was deliberate. fordable food at the grocery store and On August 27, a Federal district The reason it was put there is because where a dynamic private sector offers court judge blocked the implementa- Congress intended to put limits—real Americans the opportunity to achieve tion in 13 States, including Arizona, limits—on the Federal Government’s a brighter future. The Federal Govern- saying that ‘‘it appears likely that the authority to regulate water and to ment should be doing all it can to em- EPA has violated its congressional leave the regulation of smaller bodies power those who grow our food and cre- grant of authority in its promulgation of water to the States. Defining the ate jobs. Yet, instead, regulators are of the rule at issue.’’ As we know, on waters to be regulated as navigable

VerDate Sep 11 2014 01:42 Nov 04, 2015 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.017 S03NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 3, 2015 CONGRESSIONAL RECORD — SENATE S7691 waters ensured that the Federal Gov- basic land and resource management EPA to return to the drawing board ernment’s authority would be limited decisions. I have received numerous and write a new waters of the United to bodies of water of substantial size letters from South Dakota farmers and States rule in consultation with and would not infringe on minor bodies ranchers, as well as local governments, States, local governments, agricultural of water on private land, but over the expressing their concern with the producers, and small businesses. It last few years it became clear the EPA EPA’s new rule. One constituent seems only fitting that you actually was eager to expand its reach. writes: ought to consult with the people who The waters of the United States regu- We live in Deuel County, South Dakota, are impacted by this. If that had hap- lation, which the EPA finalized this where we raise cattle and plant wheat, al- pened, maybe there wouldn’t be 31 year, expands the EPA’s regulatory au- falfa, corn, and soybeans. . . . Our land con- States that have already filed lawsuits thority to waters such as small wet- sists of rolling hills and many shallow low against the Federal Government, and lands, creeks, stock ponds, and spots. . . . According to the new rules, our maybe we wouldn’t have all of these ditches—bodies of water that certainly entire farm would be under the jurisdiction local governments, agricultural pro- of the EPA. . . . don’t fit the definition of ‘‘navigable.’’ ducers, small businesses, homeowners, It specifically targets the prairie pot- That same constituent goes on to and developers that are mortified hole region, which covers five States, say: about the impact this will have on including nearly all of eastern South Mandatory laws by the EPA are just wrong them. Dakota. and are often written and enforced by some- In my time in Washington, I have If we look at this chart, this is some- one who has never lived or worked on a farm never seen an issue that has so galva- thing that is a very normal landscape and doesn’t understand how the forces of na- ture cannot be dictated. The weather is often nized opposition all across the country. in South Dakota. It is a field that one extreme, and we must work with it. . . . Sometimes there might be an issue would see in South Dakota, and of Under this rule, it will be more difficult to that might affect a specific area or in- course when it gets some rain, some of farm and ranch, or make changes to the land dustry sector in our economy, such as the low-lying areas get a little water in even if those changes would benefit the envi- agriculture. We talk a lot about those them, but this is basically a puddle. If ronment. issues in my State because this is our we look at what the regulation would That is from a constituent from my No. 1 industry, but there is rarely an do to the way in which farmers and State of South Dakota. issue which generates opposition from ranchers manage and are able to use Another constituent, also from my so many sectors of our economy. That their lands for production agriculture, home State, said: is how far-reaching this regulation is. it has some profound impacts. [O]ur business is going to be put into acute Arguably, this is the largest Federal We are not talking about lakes and peril if the EPA is not stopped. . . . By re- land grab in our Nation’s history. rivers. We are talking about small, iso- moving the word ‘‘navigable’’ from the Clean What the legislation also does is ex- lated ponds that ranchers use to water Water Act, they will be in control of EVERY plicitly prohibits the EPA from count- their cattle or prairie potholes that are drop of water in the United States, which is ing things like ditches, isolated ponds, dry for most of the year but do collect disastrous for those of us engaged in farming and storm water as navigable waters and ranching. some water after heavy rains and that it can regulate under the Clean snows along the lines of what we see in This is from the Pennington County Water Act. It takes away these things this photo. Under this regulation, even Board of Commissioners in South Da- we are talking about—the stock ponds, dry creekbeds could be subject to the kota. Pennington County is the second ditches, and frankly the puddles—from EPA’s regulatory authority. That is largest county and home to our second areas that the EPA can assert its juris- how far-reaching this regulation is. largest city, Rapid City. They wrote: diction in and regulate. Let me talk about that authority for In addition to tourism, agriculture is a Everybody agrees on the importance just a minute. When we talk about a critical piece of our local economy. . . . This of clean water. Farmers in my State body of water coming under the EPA’s proposal would cause significant hardships depend on it, and the legislation we are regulatory authority, we are not talk- to local farmers and ranchers by taking away local control of the land uses. The considering today will ensure that the ing about having to follow a couple of costs to the local agricultural community EPA retains the authority to make basic rules and regulations. Waters would be enormous. This would lead to food sure our lakes and rivers are clean and that come under the EPA’s jurisdiction and cattle prices increasing significantly. pollutant-free. Members of both parties under the Clean Water Act are subject The board also warned: should be able to agree that allowing to a complex array of expensive and If stormwater costs significantly increased the EPA to regulate what frequently burdensome regulatory requirements, due to this proposed rule, not only will it im- amounts to seasonal puddles is taking including permitting and reporting re- pact our ability to focus our available re- things a step too far. The cost of this quirements, enforcement, mitigation, sources on real, priority water quality rule will be steep, and its burdens will and citizen suits. Fines for failing to issues, but it may also require funds to be di- be significant, impacting those who comply with any of these requirements verted from other government services that have an inherent interest in properly and regulations, such as the one that is we are required to provide such as law en- managing their water to protect their now being filed by the EPA, can accu- forcement, fire protection services, etc. livelihoods and health. mulate at the rate of $37,500 per day. I have received letter after letter like Back in March, a bipartisan group of Under the EPA’s new waters of the these from farmers, ranchers, business 59 Senators voted to limit the EPA’s United States rule, creeks and ditches owners, and local governments across waters of the United States power would be subject to this complex array my State, and they are not alone. Con- grab, and 3 Democratic Senators are of regulations. The irrigation ditches cern is high across all of the United cosponsors of the legislation before us in a farmer’s cornfield, for example— States. That is why 31 States have filed today. It is my hope that more will ditches where the water level rarely ex- lawsuits against the EPA’s regulations, join us to protect farmers, ranchers, ceeds a couple of inches—would be sub- as have a number of industry groups. small businesses, and homeowners from ject to extensive regulatory require- The courts have already granted them the consequences of the EPA’s dan- ments, including costly permits and some temporary relief. Last month, the gerous new rule. time-consuming reports. Needless to Sixth Circuit Court of Appeals ex- Americans have suffered enough say, these kinds of requirements will panded an earlier injunction and under the Obama EPA. It is time to hit farmers and ranchers hard. Agri- blocked implementation of the EPA’s start reining in this out-of-control bu- culture is a time-sensitive business, rule in all 50 States, but a final deci- reaucracy. I hope we will have a big bi- and these types of requirements would sion of the courts could be years away. partisan vote today in support of the strain a farmer’s ability to fertilize, To protect Americans affected by legislation before the Senate. plant, and irrigate their crops when the this rule from years of litigation and I yield the floor. seasons and weather conditions dic- uncertainty, this week the Senate is The PRESIDING OFFICER. The Sen- tate. taking up the Federal Water Quality ator from Indiana. Farmers can’t afford to wait for a Protection Act, introduced by Senator Mr. DONNELLY. Mr. President, Federal permit before carrying out BARRASSO, which would require the whether you are a farmer or a small

VerDate Sep 11 2014 01:42 Nov 04, 2015 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.019 S03NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S7692 CONGRESSIONAL RECORD — SENATE November 3, 2015 business owner, a Republican, a Demo- In Indiana we are already leading in ponds and agricultural or roadside crat or someone who works at the EPA, many agricultural conservation and ditches—most of which the EPA has in- we all want clean water. If we are environmental protection efforts. We dicated they never intended to cover. going to ensure that our clean water have more farmers than ever before We require consultation with stake- protections are effective, we need to doing things such as planting cover holders such as States and the ag com- work together and we need to use the crops and using no-till farming tech- munity, including soil and water con- feedback from the people who work niques that keep soil in the fields and servation districts. Giving the EPA with the land every single day. Unfor- keep the inputs in the fields. We are principles, procedure, and a clear dead- tunately, the EPA’s waters of the leading the Nation in cover crop ef- line this bipartisan effort is meant to United States rule was written without forts. It is voluntary, and it is part of be constructive. sufficient collaboration with some of a program to make sure our waters— I urge my colleagues, Republican and the people who care about this rule the our rivers and streams—are cleaner. Democrat, to allow us to consider the most—our farmers, our small business This is being done by people, not by bu- bipartisan Federal Water Quality Pro- owners, our cities and States. As a re- reaucrats. tection Act. It is our obligation to de- sult, the U.S. Court of Appeals for the Let’s have some faith and confidence bate this important issue. I am con- Sixth Circuit has blocked the imple- in the people of this country and in the fident a bipartisan majority of my Sen- mentation of the waters of the United wisdom of our ag community in Indi- ate colleagues will support this com- States rule, known as WOTUS, nation- ana and in every other State. If we monsense bipartisan bill. wide. work with our friends and our neigh- This much I promise: I will continue This ruling was in line with the con- bors, we can do even more to improve to push Congress to pass a permanent cerns we have raised all along. When water quality. solution. We will never stop advocating you write a rule without significant Listen to farmers such as Mike on behalf of Indiana’s farmers and fam- input from all of those impacted, in- Shuter and Mark Legan. Mike is an In- ilies, ranchers and small businesses, cluding our farmers, ranchers, small diana Corn Growers Association mem- and those of the entire country. business owners, and local govern- ber from Frankton, IN, who won the I yield back my time. The PRESIDING OFFICER. The Sen- ments, legal challenges are inevitable. National Corn Growers Association Good Steward Award this year for sus- ator from West Virginia. Instead of further lengthy and costly Mr. MANCHIN. Mr. President, first of court battles, Congress should act to tainable corn farming practices. Mike said: all I want to thank my colleague, who clarify the coverage of the Clean Water has been working so hard on this. It af- Act or the courts will do that job in- I want clean drinking water for my wife, kids, and grandkids. We work hard to reduce fects Indiana, West Virginia, and every stead of us. It is time to roll up our State in the Union. I hope people real- sleeves and provide to our ag pro- the amount of pesticides, insecticides, and fertilizer on our farm. The EPA is going too ize what is going on. This isn’t a par- ducers, conservationists, and county far by attempting to unilaterally claim ju- tisan issue. This is definitely a bipar- and local governments the regulatory risdiction over my farmland. tisan issue, and it affects everybody in certainty they need to continue efforts Mark Legan is a farmer who received our State. to improve water quality. the American Soybean Association’s I want to thank Senator MARKEY for That is why I was proud to help au- Conservation Legacy Award in 2013. allowing me to speak for a few min- thor and introduce the Federal Water Here is what he had to say: utes. I have a funeral in Arlington to Quality Protection Act with a bipar- attend for one of our dear soldiers. tisan group of Senators, including Sen- Farmers have been good stewards of the land for generations. We have found ways to I have spoken on the Senate floor ator JOHN BARRASSO, a Republican produce more while using less pesticides and many times before about the burdens from Wyoming, Senator HEIDI fertilizers. Waters of the U.S. gives the EPA the EPA has continued to impose on HEITKAMP, a Democrat from North Da- one-sided jurisdiction over our ditches and hard-working families and hard-work- kota, and Senate Majority Leader fields, makes it more difficult to grow crops, ing people in West Virginia. Today, MITCH MCCONNELL, a Republican from and makes it harder to feed the world. however, I am not speaking about the Kentucky. After hearing these frustrations from mining jobs I have spoken about so Most Hoosiers believe we can get Hoosier ag producers and from local much. I am speaking about everyday more accomplished when we work to- and county governments about this West Virginians. If you have any prop- gether, and I have worked across the rule, and because I am the hired help erty whatsoever, if you have a small aisle on what I believe is a very respon- not only for Indiana but for our coun- business or a large business, if you sible solution. I hope today we will try, we wrote the Federal Water Qual- come from any walk of life, if you are continue this debate. It will be dif- ity Protection Act. The intention is to in agriculture or are a small farmer or ficult, but we have the ability to get strike a reasonable, bipartisan com- are in large agriculture, this affects this right. If Congress fails to act, our promise—what a unique concept. It is you. This allows the overreach of the ag community will be faced with con- the concept that our country has been government, as we have talked about tinued confusion and uncertainty, and built on. The legislation is simple: so many times. we will not have strengthened our ef- Focus on common science principles to If you are a government agency, if forts to protect the waters of this shape a final rule and to require you are a city, a small town, if you are country. straightforward procedures that the a county, any decisions you make will The WOTUS rule is a perfect example EPA skipped the first time. These are be affected or could be affected. If im- of the disconnect between Washington steps the EPA should have done in the posed, the agency’s waters of the and the Hoosier ag community, farm- first place, such as reviewing economic United States rule, known as WOTUS, ers and ranchers around our country, and small business impacts. would have a harmful impact all over small businesses, and our families. No The bill is not designed to destroy or this great country. Again, the WOTUS one wants cleaner water or healthier delay the rule. In fact, our bill asks the rule will not just impact certain indus- land more than the families who live EPA to complete its rule by December tries; it impacts everybody. The EPA on those farms and who work on our 31 of next year. There is no long hide- wrote these rules without consulting farms every single day right next to the-ball game being played here. We some of the people who care about those waters—the same waters their want to have this done by the end of clean water the most—everyday West children play and swim in and with next year. Virginians and Americans all across which they work every day. That is The legislation includes explicit pro- this great country. The WOTUS rule why countless Hoosier farmers are tections for waters that almost every- would impose heavy financial penalties frustrated that Washington bureau- one agrees should be covered. If a body on all of us, including our small busi- crats are calling the shots rather than of water impacts the quality of the Wa- ness owners, farmers, manufacturers, working together with our ag commu- bash or Kankakee Rivers, the Great and property owners. nity and our families to develop sen- Lakes or anything similar, our bill pro- If you have ever seen the terrain of sible environmental protection. This tects those waters. It protects com- West Virginia, we are the most moun- can be done if it is done the right way. monsense exemptions for isolated tainous State east of the Mississippi.

VerDate Sep 11 2014 01:42 Nov 04, 2015 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.022 S03NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 3, 2015 CONGRESSIONAL RECORD — SENATE S7693 There is very little flat land whatso- The WOTUS rule exempts ditches Yeah, down by the river, ever. So anything can be affected and only if the local government can prove Down by the banks of the river Charles. everybody will be affected. Whether that no part of the entire length of a Well I love that dirty water, you build a home, have a small busi- ditch is located in an area where there Oh, Boston, you’re my home. ness or are a little city or community, used to be a stream. The WOTUS rule While dirty water signals a win for a you are going to be affected. If they exempts storm water management sys- Boston team when that is sung, the can show on an aerial map that there tems only if they were built on dry real victory has been beating the pollu- used to be a river or stream of any land. The WOTUS rule says EPA can tion in the Charles River and Boston kind, that comes under their jurisdic- rely on historical maps and historical Harbor since the passage of the Clean tion. If anyone thinks differently—that aerial photographs to determine where Water Act. That victory is thanks to it is not going to happen—this is ex- the streams used to be—not where they the implementation of that law, which actly what is going to happen. That is are now. protects sources of our drinking water why all of these small towns and the These provisions of the WOTUS rules from pollution and restores dirty counties in rural America are totally should strike terror in the heart of waters back to health. opposed to this. every mayor, county commissioner, We need to keep the Clean Water There is nobody I know of who and manager of a city that was founded Act’s winning streak alive. Unfortu- doesn’t want clean drinking water. before the last century. This is how nately, the bill the Senate may con- With that, we are not saying that the asinine this is. It is unbelievable that sider today could end the record of Federal Government shouldn’t have with a sweep of the pen, the EPA is wins for the Clean Water Act. Its his- oversight on all of our waters that are trying to take us back to the days of tory of success has made the Clean for drinking, are navigable and/or rec- Lewis and Clark. According to a memo Water Act one of the greatest Amer- reational. In fact, I live on the water, written in April, not even the Corps of ican success stories. Before the Clean so I know what it is to have the clean Engineers knows how it will determine Water Act, there was no Federal au- waters in our streams and rivers. This which ditches are exempt and which thority to limit dumping, set national is not what we are talking about. are former streams. This is our own water quality standards, or enforce pol- As my good friend from Indiana and government. lution rules. City and household waste my good friend from North Dakota are Morgantown, WV, was founded in flowed untreated into rivers and harm- going to be talking about, this affects 1785. Wheeling, WV, was established in ful chemicals were poured into wet- everybody. It affects every puddle, 1795. To go back in time to determine lands and streams from factories and ditch, and every runoff—you name it; where streams used to be would be near powerplants. Back then, we were all on it affects it—and that means it affects impossible. I don’t want West Virginia the honor system. Water supplies were all of our lives. They are going to say: cities to have to worry about the sta- managed by a patchwork of State laws Don’t worry. We are not going to do all tus of their municipal infrastructure. and an appeal to the common good. that. We are going to exempt it. There is no question that with the The result: mass pollution on a historic We have heard that one before—until additional permitting and regulatory scale, oozing rivers so toxic that they it is something they don’t like, until requirements, the implementation of could ignite into flames, fish dead by basically it gives them a chance to this rule will place a significant burden the thousands. America’s riversides be- shut down something. I have farmers on West Virginia’s economy, which is came a theater of public hazards and who are concerned about basically the already hurting very badly. That in- chemical death. crops they grow, the wildlife, the poul- cludes businesses, manufacturing, In short, before the Clean Water Act try and the livestock they have to care and the Federal involvement that was for. All of this could be affected. We housing, and energy production. Many in my home State are already strug- necessary, America’s waterways were fought this before. its sewers. Then, in 1969, a public The Supreme Court instruction is to gling to make ends meet. We are one of firestorm was touched off by a Time clarify the Clean Water Act jurisdic- the highest unemployment States, magazine photo of the Cuyahoga River tion over bodies of water in use. This have been hit harder than any other on fire in Ohio. With full-throated sup- proposal goes too far. In fact, the Su- State. We are fighting like the dickens. port from the public, Congress mobi- preme Court has already ruled that not We will continue to fight and per- lized and produced the Clean Water all bodies of water fall under the Clean severe. Act, one of the most important pieces Water Act regulations. So why are The new financial and regulatory they expanding it? If they have already burdens will set people up for failure in of environmental law in the history of ruled on it, why are they expanding an already unstable economic climate the United States. The ultimate goal of these rules? Why do they believe they which in large part is caused by harm- the Clean Water Act—making water- can grab this? ful regulations the EPA and the admin- ways safe for the public and wildlife— They claim they were not required to istration have established. We all want was so popular that in 1972 a bipartisan consult with local governments under to drink clean water and breathe clean Congress overrode a veto by Richard the federalism Executive order, argu- air, but we can achieve this without Nixon. ing the rule did not impact them. The regulating hard-working Americans The successes and the benefits yield- EPA claims that even though it did not out of business. ed by the pursuit of the goal of clean comply with the Executive order, it This rule represents broad overreach waterways would prove tremendous in still reached out to local governments. that has the force of law without con- the years ahead. That is not true. That is not true in gressional approval. I would say you The Clean Water Act guards the Na- West Virginia. I can tell you that. cannot regulate what has not been leg- tion’s natural sources of drinking The EPA claims it addressed the con- islated. Why are we here? Why are we water by guiding how we use them. It cerns of local governments by pro- elected to represent the people when protects the wetlands, the streams, and viding exemptions for public safety we cannot even do it, when we have to other surface waters that ultimately ditches and storm water control sys- fight our own government to do the job provide us with drinking water. tems. That is not true either. So that we have been charged with doing? The Clean Water Act has slowed the being said, I can only tell you what my I urge my colleagues to support this loss of wetlands, known as the ‘‘kid- citizens, my communities, business motion to proceed to S. 1140. neys of the landscape’’ because of their owners, and local governments are I yield the floor. ability to remove pollution from the being affected by and why they are The PRESIDING OFFICER. The Sen- water. They do this for free, making concerned. ator from Massachusetts. wetlands the most fiscally responsible The bottom line is it is completely Mr. MARKEY. Mr. President, Bos- water system in the world. The only al- unreasonable that our country’s ton’s sports teams have had their share ternative to this free service is to put ditches, puddles, and otherwise of great moments. After a win, you can our waters on dialysis by constructing unnavigable waters be subjected to the hear the crowd celebrating by singing a filtration plants for billions of dollars same regulations of our greatest lakes song by the Standells that goes like in long-term maintenance and building and rivers. On that we all agree. this: costs. Our wetlands support the $6.6

VerDate Sep 11 2014 01:42 Nov 04, 2015 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.024 S03NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S7694 CONGRESSIONAL RECORD — SENATE November 3, 2015 trillion coastal economy of the United tion’s streams and millions of acres of whole while here under the Clean States, which comprises about half of wetlands that were stripped away Water Act jurisdiction, would suddenly the Nation’s entire gross domestic pro- under the previous Republican admin- not be navigable. That is not the case. duction and includes our nearly $7 bil- istration. The EPA estimates that re- That is not the case. I think it is really lion annual fishery industry and $2.3 turning the clean water protections important that we ratchet down the billion recreational industry. will provide roughly half a billion dol- emotion and we start looking at the The Clean Water Act has doubled the lars in annual public benefits, includ- facts. number of swimmable and fishable riv- ing reducing flooding damage, filtering Let’s start with where we are right ers in the United States. It has saved pollution, supporting over 6 million now with this idea of what are, in fact, billions of tons of fertile soil from jobs in the over half-a-trillion-dollar jurisdictional waters under the Clean being washed off of our farms. It has outdoor recreation industry. Water Act. This has been a debate for fostered State and Federal collabora- The rule protects public health by 40 years. It has been in and out of the tion, giving States a key role in man- closing pollution loopholes that threat- courts for 40 years. In 1985 the Court aging poisonous runoffs from cities and en drinking water supplies to one-third made a ruling. In 2001 the Court made farms. It established a permitting sys- of Americans. In Massachusetts, the a ruling. In 2006 the Court decided a tem to control what gets dumped into drinking water of nearly 3 in 4 people case called Rapanos. What Rapanos America’s waterways. It developed fair will now be protected. said is—four Justices said EPA is right, and objective technology-based pollu- The rule enjoys broad support from four Justices said EPA is wrong, and tion control standards to help indus- local governments, small businesses, one Justice said EPA may be right. As tries plan their compliance invest- scientists, and the general public, who a result, we have created a system that ments in advance. It sets science-based submitted over 800,000 favorable public has caused great uncertainty in Amer- water quality standards and requires comments. Eighty percent of Ameri- ica today as it relates to how we use well-thought-out plans to meet them. cans support the clean water rule, and land. Acting on that uncertainty, EPA Its environmental monitoring require- when asked if Congress should allow it promulgated a rule. That rule is incon- ments prevent rehabilitated waterways to go forward, they responded with a sistent, in my opinion, with the direc- from backsliding into unusable condi- resounding yes. tion they were given by the Court. tion. It provides $2 billion annually in Despite public support for clean That rule has created an incredible critical funding to States for water water and this commonsense rule, the amount of uncertainty. quality and infrastructure improve- Republicans want to bring a bill to the To suggest that all the major ag ments. Among its most important con- floor that would undermine the na- groups, all the groups that are out tributions, it empowers citizens to en- tional goals and policy written by the there, including the Association of force its provisions and actively guard Clean Water Act. If enacted, this Counties, including many of the Gov- the health of their families. water-polluting bill would undermine ernors, are all wrong and they all love For all of its benefits and successes, the legal framework that protects our dirty water is absolutely insulting as however, the Clean Water Act has still water. It would once again leave one- we kind of move forward on this discus- not reached it goal. One-third of our third of the Nation’s drinking water sion. rivers still have too much pollution. vulnerable to dangerous contamina- I am going to show you why North When these drain into coastal waters, tion. It would set up a fight over tech- Dakota is concerned about this regula- they add to the problems being caused nical details that would prevent us tion. This is an aerial picture of my by ocean acidification and warming. from protecting the public health by State. You may not think there is a lot The pollution can cause dead zones off preventing the dumping of toxic chemi- of water in North Dakota. This is a pic- of our coasts and in the Great Lakes, cals into natural public drinking water ture of my State and Devils Lake in putting drinking water supplies at risk sources. the Devils Lake area. You might say: and threatening sea life. While the act The critics falsely claim that the Oh she picked a picture that looks like has slowed their loss, wetlands con- clean water rule overreaches because it this. tinue to disappear, and gone with them enables broader Federal jurisdiction I ask and invite any of you to come are millions of wetland-dependent crea- than is consistent with law and to North Dakota and I will fly you any- tures, such as ducks and turtles and science. where in North Dakota. This is what most of the species of fish we find on So, ladies and gentlemen, I support North Dakota looks like. You see all our plates. the work the EPA and the Army Corps this water here and you see all this Clearly, clean water must be pre- have done in putting together the clean water here and you see this. Do you see served for the health of the public, the water rule. It will continue the string that? That is a pothole, what we call a environment, and the economy. That is of victories our Nation has enjoyed prairie pothole. It used to be and sea- why the Environmental Protection under the Clean Water Act. I urge my sonally is full of water. Sometimes it is Agency and the Army Corps have spent colleagues to oppose any legislative ef- farm, sometimes it is not. Is this so much time developing the recently forts to overturn the clean water rule. waters of the United States? It is not finalized clean water rule. The clean We need to keep the Clean Water Act connected to any navigable stream. It water rule clears up confusion caused working for all of America. is not adjacent to any kind of navi- by two U.S. Supreme Court rulings on I want to make sure that the only gable water, moving water. None of the reach of Federal water pollution place in Massachusetts people are talk- this is connected with any kind of laws and restores protections that were ing about dirty water is after one of cross-land connection. eliminated for thousands of wetlands our great Boston sports teams have I will tell you under the rule that we by President George W. Bush in his ad- chalked up another victory. That is the have and under the interpretations of ministration. only time we should be singing about the Corps of Engineers—which we al- Specifically, the rule revises the defi- dirty water because otherwise the ways forget when we are talking about nition of ‘‘waters of the United health and well-being not just of people this—the Corps of Engineers and EPA, States,’’ a term that identifies which in Massachusetts but all across our what they would say is: We don’t know. waters and wetlands are protected country will be harmed. We would have to send biologists to under the Clean Water Act. The rule I yield the floor. take a look at this. We would have to was written in response to requests for The PRESIDING OFFICER. The Sen- spend hundreds of thousands of dollars, increased predictability and consist- ator from North Dakota. of taxpayer dollars, to determine ency of Clean Water Act permitting Ms. HEITKAMP. Mr. President, lis- whether in fact there is substantial programs made by stakeholders such as tening to this, you would think that nexus. the National Association of Home people who want some commonsense We asked for a simple rule. First, Builders and the National Stone, Sand regulation don’t believe in clean water. just as a point of view, when the stat- & Gravel Association. You would think that if we do this, ute says navigable water, that water The clean water rule restores clear somehow the Charles River or the Cuy- ought to be moving someplace other protections to 60 percent of the Na- ahoga River, having been navigable the than into the ground. All water in the

VerDate Sep 11 2014 01:42 Nov 04, 2015 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G03NO6.032 S03NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 3, 2015 CONGRESSIONAL RECORD — SENATE S7695 world is interconnected. We know that. should EPA have jurisdiction over this RECESS That is a matter of hydrology. That is pond, and in what world—when you are The PRESIDING OFFICER. Under a matter of science. Scientists would the farmer who owns it—do you think the previous order, the Senate stands say there is no such thing as a discrete you have any certainty as we move for- in recess until 2:15 p.m. separation. ward? Thereupon, the Senate, at 12:37 p.m., But you know what. Legally there is. We are trying to give certainty to recessed until 2:15 p.m. and reassem- It did not say every drop of water is the American taxpayer. We are trying bled when called to order by the Pre- controlled by the Environmental Pro- to give certainty to people who build siding Officer (Mr. PORTMAN). tection Agency under the Clean Water roads and bridges. We are trying to ac- Act, it said navigable water, and we tually have a debate on an important f have been in this fight for a lot of issue of our time. FEDERAL WATER QUALITY PRO- years, including 2006. I urge my colleagues to vote yes on TECTION ACT—MOTION TO PRO- Mr. President, I know we are in ex- the motion to proceed so we can have CEED—Continued cess of the time. I ask unanimous con- an open debate—it could be fun—as we The PRESIDING OFFICER. Under sent for just a little more time to con- talk about this issue. the previous order, the time until 2:30 clude my remarks. With that, I yield the floor. p.m. will be equally divided in the The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- objection, it is so ordered. usual form. ator from Maryland. The Senator from Kansas. Ms. HEITKAMP. I want to make this Mr. CARDIN. Mr. President, I ask point because it really is a question. Mr. ROBERTS. Mr. President, I rise unanimous consent to speak for up to 2 today as the Senate considers an issue The Senators who have come to the minutes. floor and talked about this rule talk that is critically—critically—impor- The PRESIDING OFFICER. Without tant to agriculture and to rural Amer- about: Look, we are making progress. objection, it is so ordered. What they haven’t told you is that rule ica. Mr. CARDIN. Mr. President we will has absolutely no legal effect anywhere It is my hope the Senate will advance have a chance at 2:15 p.m., I believe, for in this country today. Do you know landmark legislation that I, along with 15 minutes to close the debate, and at why? Because the courts of the United a bipartisan group of colleagues, have 2:30 p.m. we are going to have a vote on States have stayed it. It is not in effect introduced in response to the U.S. En- a cloture motion. I urge my colleagues while we litigate yet another case. vironmental Protection Agency’s final to vote against the cloture motion. So when we looked at this problem rule that redefines waters of the United I agree with my friend Senator and we looked at trying to give cer- States—commonly referred to in farm HEITKAMP that we need certainty. We tainty to farmers who own this land— country as WOTUS, among other acro- have been debating this issue for a long by the way, this land is not owned by nyms—under the Clean Water Act. I time since the court cases. If this bill the people of this country. This land is am proud to be an original cosponsor of were to become law, you are not going owned by farmers who need certainty, S. 1140 and represent agriculture and to have certainty. It is going to be liti- who need to know. So we looked at this rural America’s charge in pushing back gated. Whatever is done, it is going to and we said: It is time for Congress to against EPA’s egregious Federal over- be litigated. We know that. We have do what Congress ought to do, which is regulation. seen the litigious nature of what has to legislate, which is to actually make EPA’s final WOTUS rule would ad- happened over the course of the issues. a decision—to not just get on either versely impact a vast cross-section of side of a regulatory agency and yell Yes, I want Congress to speak on industries, including agriculture. As I about whether they are right or wrong this. Congress has spoken on this. Con- have said before, I fear the sheer num- but actually engage in a dialogue. gress has said very clearly that we ber of regulations imposed by this ad- want the test of the Clean Water Act to That is why Senator DONNELLY, Sen- ministration is causing the public to be to restore and maintain the chem- ator BARRASSO, Senator INHOFE, and I lose faith in our government. Too often sat down and said: Look, this will con- ical, physical, and biological integrity I hear from my constituents that they tinue in perpetuity. We will spend mil- of our Nation’s waters. feel ‘‘ruled’’ and not ‘‘governed.’’ S. lions of dollars litigating this and I don’t want Congress to say: No, we 1140 is in response to exactly that sen- never get an answer because chances don’t want that. We now want a prag- timent. are we are back to 441, and that is not matic test that could very well jeop- As chairman of the Committee on an answer. ardize the Clean Water Act. The bot- Agriculture, Nutrition, and Forestry, I So we put together a piece of legisla- tom line is each Congress should want have heard directly from farmers, tion looking at how can we as legisla- to strengthen the Clean Water Act, not ranchers, State agency officials, and tors, as Congress provide some param- weaken it. This bill would weaken the various industries in Kansas and all eters on what this means. People who Clean Water Act and prevent a rule throughout our country that ulti- will vote no on a motion to proceed that has been debated for a long time mately would be subject to these new will tell you we want EPA to decide. I from becoming law. burdensome and costly Federal require- am telling you that people in this I urge my colleagues to reject the ments. The message is unanimous and country expect Congress to decide. motion for cloture, and we will have a clear. This is the wrong approach and They expect Congress to make this de- little bit more to say about this at 2:15 the wrong rule for agriculture, rural cision, to step up, and resolve this con- p.m. America, and our small communities. troversy because 40 years and millions The PRESIDING OFFICER. The Sen- According to the Kansas Department and millions of dollars spent in litiga- ator from Wyoming. of Agriculture, EPA’s final rule would tion is not a path forward. Mr. BARRASSO. Mr. President, I ask expand the number of water bodies in As we look at this legislation simply unanimous consent for 2 additional Kansas classified as ‘‘waters of the on a motion to proceed on one of the minutes. United States,’’ subject to all—subject most controversial issues in America The PRESIDING OFFICER. Without to all—Clean Water Act programs and today—which is waters of the United objection, it is so ordered. requirements by 460 percent, totaling States—not voting to debate this issue, Mr. BARRASSO. Mr. President, I ask 170,000 stream miles. This is just in- not voting to proceed on this issue is unanimous consent that the manda- credulous. The expanded scope will fur- the wrong path forward. tory quorum call under rule XXII be ther exacerbate the burden of duplica- I urge my colleagues to open the de- waived with respect to the cloture vote tive pesticide permitting requirements bate and let’s talk about this map—not on the motion to proceed to S. 1140. and the other overregulation by this the Charles River and not the Cuya- The PRESIDING OFFICER. Is there administration. This simply is not hoga River because I will concede that objection? going to work and makes zero sense, they are navigable water. I want to Without objection, it is so ordered. especially in places such as arid west- know in what world is this navigable Mr. BARRASSO. Mr. President, I ern Kansas. Furthermore, the final rule water of the United States, what world yield the floor. undercuts a State’s sovereign ability as

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