The House Appropriations Committee approved a $32.1 billion energy and water FY 2013 spending bill Wednesday after adding a policy rider that would bar the Army Corps of Engineers from implementing their guidance that clarifies which U.S. waters fall under federal protection via the Clean Water Act. The amendment was introduced by Rep. Dennis Rehberg (R-Mont.) and passed by a vote of 29-20. It prohibits using funds to “develop, adopt, implement, administer, or enforce” guidance that purports to clarify which waters of the United States fall under federal protection. The guidance, which was proposed in May 2011, and sent to OMB for interagency review and finalization in February 2012, clarified which waters are subject to Clean Water Act jurisdiction in response to two U.S. Supreme Court decisions.
This amendment parallels AGC’s legislative strategy on this issue with legislation introduced in the Senate (with a House companion to follow soon) to stop EPA and USACE from implementing the guidance.
For more info, please contact Scott Berry at (703) 837-5321 or berrys@agc.orgor Leah Pilconis at (703) 837-5332 or pilconisl@agc.org.
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