Senate Actions on WOTUS Rule

Senate Actions on WOTUS Rule TO: PRESIDENTS, SECRETARIES AND/OR ADMINISTRATORS, COORDINATORS OF NATIONAL AFFAIRS, DIRECTORS OF INFORMATION, DIRECTORS OF COMMODITY ACTIVITIES, COORDINATORS OF NATURAL AND ENVIRONMENTAL RESOURCES, FIELD SERVICE DIRECTORS, SCHAUMBURG AND WASHINGTON OFFICE DISTRIBUTION FR: DALE MOORE, EXECUTIVE DIRECTOR, PUBLIC POLICY CC: PRESIDENT STALLMAN JULIE ANNA POTTS, EXECUTIVE VICE PRESIDENT ------------------------------------------------------------------------------------------------------------ ISSUE: As early as next week, the Senate is expected to schedule debate and votes on legislation to undo the waters of the U.S. (WOTUS) rule finalized by the U. S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers. The Senate is first expected to take up S. 1140, the Federal Water Quality Protection Act. If that bill fails to garner the necessary 60 votes, we then expect the Senate to take up S.J. Res.22. That resolution will be considered under provisions of the Congressional Review Act (CRA) and thus would require only 51 votes to pass. IMPACT: S. 1140 is bipartisan legislation that requires the EPA and the Corps of Engineers (the agencies) to withdraw the final WOTUS rule and re-propose a new regulation after conducting the prescribed consultations with states and other stakeholders. If the Senate fails to achieve Cloture on S. 1140 (a process that requires 60 votes), the Senate will move to take up S.J. Res. 22, legislation that provides for congressional disapproval of the WOTUS rule. S.J. Res. was introduced by Sen. Joni Ernst (R-Iowa), with 46 Senate co-sponsors. Under the terms of the CRA, such a resolution is in order subject to certain provisions and customarily only within 60 legislative days of its introduction. The House has already passed H.R. 1732, the Regulatory Integrity Protection Act of 2015, which also requires withdrawal of the WOTUS rule. ACTION State Farm Bureaus are urged to contact their Senators and ask that they vote in favor of S. 1140. You are encouraged to stress that S.1140 provides a means for Congress to guide the development of a new WOTUS rule. AFBF believes a strong vote on either S.1140 or S.J. Res. 22 will strengthen leadership’s ability to include a policy rider on the end of the year spending bill. Farm Bureau members may also send a message to their senators at fbadvocacy.net. (Attachments: v:\PPCommunications-2015\cwa\PPB\wotus-senate-S114015a.1029; v:\PPCommunications-2015\cwa\PPB\wotus-senate-S114015b.1029; v:\PPCommunications-2015\cwa\PPB\wotus-senate-S114015c.1029; v:\PPCommunications-2015\cwa\PPB\wotus-senate-S114015d.1029) Contacts: Don Parrish, 202-406-3667, donp@fb.org; Danielle Quist, 202-406-3618, danielleq@fb.org