First and foremost, I wish to thank the Senator from California for her efforts in negotiating the difficult issues within the Energy and Water portion of the omnibus bill. As the Senator knows, the original House language would have kept the Corps of Engineers from regulating the agricultural exemptions as well as essentially eliminating the recapture provision where permits are needed if an exempted activity impacts waters of the U.S. by impairing circulation of or reducing the reach of such waters. I was pleased that the language that we were able to work out with Chairman Rogers and include in the omnibus dropped the language in the original House provision. The compromise language does not change current law and preserves the current scope of agricultural exemptions. The simple fact remains that if you needed a permit before, you will need to get a permit under this provision; if you didn't need one before, you won't under this provision.
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