On the recordJuly 11, 2011
I would underscore what the distinguished ranking member of the full Appropriations Committee has said: This amendment prevents guidance and rulemaking. It's that comprehensive. What EPA and the Corps of Engineers have tried to do is to clarify where Federal jurisdiction extends and where it ends. There is clearly confusion on what constitutes navigable waters. The Supreme Court recognized that, even Justice Scalia said it's not just navigable waters; it's waters that are contiguous. And there are any number of water sources that are under the surface that you can't see. Most of the water in this country is under the surface. It can be under land; it's under water.
