Republican leaders of three House committees are calling on Democrats to hold hearings on legislation that would clarify and reaffirm federal jurisdiction over waters of the United States , including wetlands.
The three –– Rep. Frank Lucas (Okla.), ranking member on the Agriculture Committee; Rep. Doc Hastings (Wash.), ranking Republican on the Natural Resources Committee; and Rep. Sam Graves (Mo.), ranking member on the Small Business Committee –– say that a bill (H.R. 5088) introduced by Rep. James Oberstar (D-Minn.), would affect irrigation projects, farming and ranching, mining, and small businesses.
In letters to the Democratic chairmen of the committees –– and to Oberstar –– the three point out that the bill was referred only to the House Transportation and Infrastructure Committee (of which Oberstar is chairman) and that no hearings are scheduled before the bill is to be brought to the floor in September.
"We understand that a commitment was made last year to hold hearings on new legislation aimed at increasing federal water regulations," they said. "Unfortunately, no hearings have been scheduled on H.R. 5088 during the 2nd Session of the 111th Congress to debate this legislation."
H.R. 5088 would remove the term "navigable waters of the United States " from the Clean Water Act and replace it with the term "waters of the United States ." Specifically, it would ensure that the Clean Water Act could cover the same waters it did prior to two U.S. Supreme Court rulings in 2001 and 2006, according to Oberstar, who introduced the legislation April 21.
The legislation defines "waters of the United States " as all waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide and all interstate and international waters, including interstate wetlands.
Other waters covered in the definition include: intrastate lakes, rivers, streams (including intermittent streams), mudflats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds. The definition also includes impoundments, tributaries, and territorial seas.
