'WATERS OF THE UNITED STATES' MAP
The Agriculture's WOTUS Mapping Initiative (AWMI) has compiled data from the U.S. Geological Survey and Federal Emergency Management Agency (FEMA) for 19 states to map areas the Environmental Protection Agency (EPA) may regulate under its controversial "Waters of the United States" (WOTUS) rule proposed earlier this year. This interactive map displays AWMI's analysis for Arkansas' rivers, streams, wetlands, flood plains, and other waterways that may face regulations under EPA's new definition of “waters of the United States," allowing users to locate potentially regulated waterways on their property. I urge all First District landowners to examine the far-reaching impacts of WOTUS and to see if the proposed rule will affect their property.
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What is the "Waters of the United States" Rule?
On March 25, 2014, the EPA and the U.S. Army Corps of Engineers (USACE) officially proposed a rule redefining or "clarifying" "waters of the United States" under the Clean Water Act to include a number of small and seasonal bodies of water that have typically been regulated at the state level. Congress has rejected previous EPA attempts to unilaterally expand its authority to regulate non-navigable bodies of water under the Clean Water Act. Despite Congressional intent, the EPA is once again attempting to bypass the legislative process by expanding its jurisdiction to regulate small and seasonal bodies of water. According to the rule, waters that "have a significant nexus" to already regulated waters are subject to EPA's authority. Meanwhile, EPA has never clarified the term "significant nexus." This issue is yet another example of the Executive Branch overstepping its authority, and there is significant ambiguity about how this proposed rule is worded. The EPA states that its goal for the new guidance is to better define which waters under its jurisdiction, but I believe it is using the cover of "clarification" to mask an overreach of power. This proposed expansion of the EPA’s regulatory authority would have significant negative economic impacts on property owners, as they would likely be subjected to new federal permit requirements, compliance costs, and threats of significant fines.
I am concerned the terribly ambiguous term to "further clarify" opens the door for the EPA to arbitrarily decide how it wants to define waters with a "significant nexus" based on its own subjective analysis. I'm also concerned that EPA has announced it would accept and give equal weight to comments from other federal agencies during the "Public Comment Period" that ended November 14, 2014 -- a period of time that should have been reserved only to members of the public.
How would this new rule affect Arkansas' First District?
The proposed “waters of the U.S.” rule could significantly harm Arkansas' crop farmers, animal agriculture producers, small business owners, homeowners, and families, likely likely resulting in the regulation of bodies of water that currently are not, such as rice fields and agriculture retention ponds. The EPA and the USACE would have the power to dictate land-use decisions and farming practices in or near these small and seasonal bodies of water, making current agricultural production and the ability to alter a farming operation difficult and more expensive. Direct and indirect costs would result from additional permit application expenses, mitigation requirements, and environmental analysis. Violating these requirements could potentially cost producers and small businesses thousands of dollars per day. As producers would struggle to comply with these burdensome federal regulations, they would in turn pass these increased costs to consumers through higher food and fiber prices.
How can we prevent this rule from taking effect?
Unfortunately, the public comment period for the proposed "Waters of the U.S." rule closed on November 14, 2014, and EPA has collected more than half a million comments from concerned citizens. In case you were unable to submit a comment, there is still action to take legislatively to prevent a federal overreach.
In July, I signed on as an original co-sponsor or H.R. 5078, the Waters of the United States Regulatory Overreach Protection Act of 2014. This bill would prohibit the EPA and the USACE from pursuing their proposed rule or from pursuing any future rule based on it. The U.S. House of Representatives passed the legislation by a 262-152 margin on September 9, 2014, and the bill now sits with the Senate awaiting action. I urge each of you to contact your senators expressing your desire to see this bill or similar legislation passed before the EPA and the USACE implements the rule.
In the meantime, as lawmakers in the House, we will continue writing letters to agency heads or markup legislation meant to protect the American people from an overzealous bureaucracy as many times as needed.
Agriculture's WOTUS Mapping Initiative (AWMI)
The AWMI includes the following agricultural associations: American Farm Bureau Federation, Agricultural Retailers Association, National Corn Growers Association, National Council of Farmer Cooperatives, National Pork Producers Council, the Fertilizer Institute, National Cattlemen’s Beef Association, and the U.S. Poultry & Egg Association.
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