I want to say a few words. The junior Senator from California has been speaking in opposition to the waters of the United States amendment sponsored by Senator Hoeven. I just want to put before the body a little bit of the history. In 2006 the Supreme Court introduced real uncertainty regarding which wetlands and water bodies were subject to Federal jurisdiction under the Clean Water Act. Since 2006 the EPA and the U.S. Army Corps of Engineers have been working on new rules to clarify their jurisdiction and address the Supreme Court's ruling. EPA and the Army Corps just finalized the new rule last May. This new rule helps resolve almost a decade of confusion by clearly stating which types of water bodies are subject to Federal jurisdiction and which are not. It will make Federal permitting easier, faster, and less costly for business and industry. It maintains all previous exemptions and exclusions for normal farming and ranching practices and agricultural discharges, such as irrigation return flow and storm water runoff. Nevertheless, the Sixth Circuit Court of Appeals has issued a stay suspending implementation of the rule. I strongly believe we should let the courts decide whether the executive branch has overreached in its interpretation of congressional statute, just like the Constitution calls for. The President has threatened to veto the entire Energy and Water appropriations bill if this amendment is included in it.…
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