Barrasso: Reid Blocks Senate from Voting to Stop EPA Overreach
Press Release
Today, U.S. Senator John Barrasso (R-WY) called on Senate Majority Leader Harry Reid (D-NV) to stop blocking votes and allow the Senate to vote on his amendment to prevent the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) from finalizing their March 2014 proposed rule which would significantly expand federal authority under the Clean Water Act (CWA).
Excerpts of his remarks
"Today, I rise in support of an amendment, the Barrasso amendment 3453, to the underlying bill. This actually has 36 cosponsors, 36 of my fellow colleagues have cosponsored legislation called the protecting water and property rights act of 2014.
"And this amendment, this legislation is identical to the amendment that we have on the floor today. The amendment restricts the expansion of federal authority by this administration's EPA to encompass all the wet areas on farms, on ranches, and suburban homes all across America.
"More specifically, the amendment eliminates the administration's proposed rule, a rule to implement this expansion of federal authority, an expansion which I don't think the federal government should have or does have.
"But we do have a recently proposed rule. And through this proposed rule, federal agencies are attempting to expand the definition of "Waters of the United States.' They want to expand the definition to now include ditches, other dry areas where water does flow but only flows during a short duration; basically, after a rainfall.
"Federal regulations have never defined ditches and other upland drainage features as waters of the United States. So this is an expansion of the way we viewed waters of the United States.
"This proposed rule does and will have a huge impact on farmers, on ranchers and small businesses that need to put a shovel into the ground to make a living. The rule in a sense amounts to a user's fee, a user's fee for farmers and ranchers to use their own land after it rains.
"It forces suburban homeowners to pay the EPA and the Army Corps of Engineers to use their backyards after a storm. To me, this is one of the worst things that I would think that we would ever do to Americans let alone during this poor economy.
"That is why the Protecting Water and Private Property Rights Act is endorsed by the American Farm Bureau, the National Cattleman's Beef Association. It is endorsed by the National Federation of Independent Business and by the American Land Rights Association. They have endorsed this bill, this amendment because they know how devastating the rule is to farmers, to ranchers, to small business owners and even to homeowners.
"This administration claims that they are providing flexibility for farmers and for ranchers in the proposed rule. Farmers and ranchers across the country who read this, they are not deceived.
"Bob Stallman, the president of the American Farm Bureau released a statement on June 11th of this year stating that the EPA rule would micromanage farming via newly mandated procedures for fencing, for spraying, for weeding and more. He said permitting meanwhile could delay time-sensitive tasks for months, potentially ruining crops in the process.
"Well, according to the June edition of the publication "National Cattlemen,' an article entitled "EPA Ag Exemptions for WOTUS,' the article states that although agricultural exemptions are briefly included, they don't come close to meeting the needs of the cattlemen and women across the country.
"President of the National Cattlemen's Beef Association Bob McCann stated in an article that "For example, wet spots are areas in a pasture that have standing water under this rule could potentially be affected. We now need permission to travel and move cattle across these types of areas.'
"The article lists some of the major areas of agriculture not exempted by the EPA's proposed rule. When the article says activities not covered, not covered by the exemptions include introduction of new cultivation techniques, planting different crops, changing crops to pasture, changing pasture to crops, changing crop land to vineyards or to orchards and changing crop land to nurseries. So those things aren't included.
"The rule also provides no flexibility for investments by small businesses across the country.
"According to the National Federation of Independent Businesses, they say unfortunately despite claims by the agencies, the EPA, the proposed rule will only increase uncertainty. The proposed rule still requires the agencies to determine on a case-by-case basis whether many common land formations fall under federal jurisdiction. Often this determination, they say, does not occur until after substantial investments in planning by a small business have taken place, thus chilling investment and expansion. Small businesses can't be speculative with their resources and capital.
"Private property owners would also face no flexibility. My own constituent, Mr. Andy Johnson, Uinta County, Wyoming--now he's been threatened by EPA with penalties calculated to reach an estimated $187,000 a day, a day, for building what he believes is a stock pond on his property. In a month's time, he could be liable for more than $5 million in penalties.
"So what are homeowners to do when faced with this kind of threat? They can choose to fight city hall with their limited resources or give in to strong-arming by the federal government.
"Given the agency's plans tax to expand the jurisdictional limits of the Clean Water Act, EPA could easily use the proposed rule to bankrupt small landowners for something as simple as building a pond or a ditch anywhere near a wetland or stream.
"Congress never intended for the Clean Water Act to be used this way. To me, it defies logic to think that this proposed rule will benefit anybody but bureaucrats in Washington who are far removed from the communities between the coasts.
"I think it's time for the EPA and the Army Corps of Engineers to really keep out of the lives of our constituents' backyards, and it's time to do it by opposing the proposed rule.
Majority Leader Reid's Embarrassing Record of Blocking Votes
"And I'd like to end with a broader point, about how the Senate operates these days. Today "The Washington Post' had an editorial specifically about the legislation and its entitled "Clear rules for clean water,' which is the proposal that I have here today.
"So the board writes, the editorial board of "The Washington Post' writes if lawmakers don't like the call that the EPA is making--and I don't like the call the EPA is making--if lawmakers don't like the call the EPA is making, the Post says they should clarify the terminology themselves.
"Well, in an ideal world, I agree with him. If we don't like something, we should be able to propose a better idea, and then in the United States Senate, we should be allowed to vote on it.
"The reality is that the Majority Leader, Senator Reid, has essentially shut down the Senate and refuses to allow us to vote on new ideas that would actually solve challenges like this one.
"In fact, Republicans and Democrats have proposed hundreds and hundreds of amendments. We have been only able to vote on a very small number of those, and very select ones at that.
"The truth is the Majority Leader Harry Reid, refuses to allow any votes on almost any amendment and is enforcing a gag order, a gag order on real debate, discussion and most importantly on votes. A gag order on important issues that impact the lives of all Americans.
"Now, to prove my point, I put together a chart, and I'd like to take a moment now to just review the voting record over the past full year of this body in the United States Senate.
"On this calendar, you will see under the headline "Reid Blocks Votes,' the Republican votes in red, days over the last full year, 12 calendar months, and then the 13th month being July down here because we start last year on July 1. So the red X's are days where Republicans had votes on Republican amendments. Votes on Democrat amendments are in blue.
"So through the past 12 months, July of 2013 to July of 2014, Majority Leader Reid has allowed Republicans to vote on their amendments a total of eight days, eight days out of the entire 12 months there have been votes on Republican amendments, a total of 11 amendments during that time Republicans have had a chance to offer and be voted on over the fact that we have introduced hundreds of amendments.
"But it's interesting; Harry Reid has actually been tougher on his own party, more restrictive, more limited. If you look at this calendar, you will see the days in blue. Harry Reid has only allowed Democrats to vote one, two, three, four, five days in the year that Democrats have had votes on their own amendments on the floor of the United States Senate, and over that time, Democrats have proposed hundreds and hundreds, over 500 amendments and only on five days have there been amendments.
"Only seven Democrat amendments have been voted on in a full year. Democrats haven't had a vote on an amendment on this floor on an amendment proposed by a Democrat senator since March, March 27th. It's been 103 days and counting since the Democrats have had an amendment that one of them have proposed offered here in the United States Senate for a vote.
"It's so interesting, because I look at you Mr. President and see of the Democrats newly elected to the Senate in 2012, members of your class, that entire class, not one, not a single one has had a roll call vote on one of their own amendments on the floor of the United States Senate ever.
"It's an astonishing display of what a Majority Leader has done to muzzle an entire legislative body, both parties. It's an embarrassing record for the Majority Leader and I think it's an embarrassing record for the Democrats who control the United States Senate to tolerate it.
"I think it's important for Americans to pay close attention to not just what senators say when they go home but actually what happens, what they do, what they stand for, what they vote on.
"So I would say the next time Democrats go home and tell their constituents that there they are introducing legislation to solve a problem, the constituents ought to ask, "When's the vote?'
"That's what I want to know, when's the vote? When's the vote, the Senate Democrats? When's the vote, Majority Leader Reid? When is the vote?
"Like usual, when the question is asked, silence. That's all you get in return.
"So I actually believe we have a majority of Senators, Republicans and Democrats, that would actually vote to pass my amendment, this amendment that I have on to this bill on the floor, a majority of Senators, Republicans and Democrats, bipartisan, to pass this amendment to stop the EPA's extreme takeover of waters across America.
"But under Senator Reid's command-and-control style of leadership, I don't think we'll ever know. I don't think we'll have that vote and I think that Senator Reid will block it.
"So I would say if you agree with the editorial board of the "Washington Post,' "Clear rules for clean water,' today's "Washington Post' editorial, then you should be able to stand up and be counted. Democrats should demand it.
"In the recent history of the United States, if that history is any indication, as you can see by this vote calendar, this embarrassing calendar, I'm not at all confident that this body will ever be given the opportunity to stand and be counted and the reason is because majority leader Reid won't allow Republicans or Democrats to vote on my amendment or hardly anyone else's amendment as well."
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