Protecting the First District from Biden’s WOTUS Overreach

Over the past 50 years, the federal government has increasingly chipped away at personal property rights by requiring private landowners to obtain permission from the federal government before improving their own property. Earlier this year, the Biden Administration took another step to increase this federal intrusion when it published a new definition of “waters of the United States” (WOTUS) that specifies which bodies of water fall under the scope of the Clean Water Act and are thereby under federal jurisdiction.

Federal regulators have repeatedly expanded the definition of WOTUS, forcing many small businesses and landowners to spend thousands of dollars on consultants and lawyers to determine if they need a federal permit to utilize their own land, or risk expensive penalties and possibly even jail time. Small businesses, manufacturers, farmers, water districts, and local communities all face adverse consequences if the Biden Administration's new rule takes effect.

This summer, the Supreme Court is expected to hand down a decision in a case, Sackett v. EPA, which will directly impact the WOTUS rule and address the scope of agency authority that was granted by Congress in the Clean Water Act. Instead of waiting for the Supreme Court to weigh in, the EPA appears to have decided to push this new definition out before the opinion, hoping to delay the Court’s decision that may restrict the EPA from expanding its regulatory authority. In fact, Biden’s EPA appears to be so obsessed with controlling everyone’s land that it has already opened yet another rule-making to continue redefining WOTUS next year. Days after he rolled out the latest rule change, I joined several of my colleagues in sending a letter to EPA Administrator Michasel Regan urging him to rescind the rule and postpone any subsequent action on WOTUS to allow the Supreme Court to issue its opinion.

Congress has the authority and responsibility to review rules and prevent government overreach so this week I helped pass H.J. Res 27 in the House, which if enacted will nullify the Biden Administration's WOTUS rule. The American people deserve clarity in their laws and regulations, something lacking in the EPA WOTUS redefinitions over the years. Land owners also deserve regulations that do not unduly expand federal control over their property. This new WOTUS definition would only increase regulatory uncertainty and worsen conditions for farmers, ranchers, job creators, and landowners.

H.R. 140 – Protecting Speech from Government Interference Act – YEA

Prohibits federal officials from using their official authority or resources—whether during normal duty hours or at their office, or not—to promote the censorship of lawful speech or coerce a private entity to censor speech.
Is in response to federal officials advocating for social media platforms to ban or censor certain accounts.

S. 619 – A bill to require the Director of National Intelligence to declassify information relating to the origin of COVID-19 – YEA

Declassifies all documents and information regarding the link between COVID-19 and the Wuhan lab.
Requires ODNI to submit an unclassified report with all such information with redactions only as necessary to protect sources and methods to Congress.

H.J. Res 27 - Resolution to rescind Biden’s WOTUS Rule – YEA

Invalidates the Biden Administration’s WOTUS rule which greatly burdens small businesses, manufacturers, farmers, home and infrastructure builders, local communities, water districts, and everyday Americans.
Prevents businesses and farmers from having to incur large costs to ensure they are complying with this new and confusing rule.

ARE YOU TRAVELING OUT OF THE COUNTRY SOON?

Please apply for or renew your passports ASAP, allowing 5-7 weeks for expedited processing and 8-11 weeks for routine processing. The Department of State has had an unprecedented number of applications during this travel season. In addition, appointments at the Arkansas Passport Center in Hot Springs are few and far between.

Check your passport expiration date to make sure you have at least 6 months of validity remaining before you travel out of the country. This is a requirement for most countries, and you will not be allowed out of the U.S. if you are even one day short of 6 months or the required time. Check here for country-specific requirements.

Arkansas Business - Bill Would Mint Coin to Memorialize Sultana Disaster

U.S. Sens. John Boozman and Tom Cotton, along with U.S. Rep. Rick Crawford, have introduced legislation to create a commemorative coin in remembrance of the Sultana steamboat disaster.

Northwest Arkansas Democrat Gazette - U.S. House passes bill targeting waters of the U.S. rule

Crawford, a member of the House Agriculture Committee, expressed concerns about how the new rule could affect agriculture producers in Arkansas given the inclusion of the Supreme Court's standards.

"Since every body of water is connected, then therefore, the federal government has control over every single body of water," he said. "It may be as simple as saying navigable waters versus waters, but they didn't say navigable waters; they said waters of the U.S., which is all-encompassing."