[Congressional Record Volume 146, Number 11 (Wednesday, February 9, 2000)]
[Extensions of Remarks]
[Pages E102-E103]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     CODIFYING THE CLEAN WATER ACT

                                 ______
                                 

                            HON. MAX SANDLIN

                                of texas

                    in the house of representatives

                      Wednesday, February 9, 2000

  Mr. SANDLIN. Mr. Speaker, I rise today to introduce a bill that will 
codify the 27-year statutory interpretation of the Clean Water Act that 
has consistently classified forestry activities as a nonpoint source 
for potential water impairment and specifically exempted forestry 
activities from permitting requirements. Quite simply, this legislation 
will preserve the current system whereby our waters are kept clean 
through cooperative efforts between State and local governments and 
private landowners.
  The 1987 Clean Water Act Amendments enacted section 319 to 
specifically address nonpoint source runoff, including silviculture, 
through State Best Management Practice [BMP] programs. Under section 
319, any regulatory program to control nonpoint source pollution is at 
the State level and not at the Federal level. Congress determined that 
it is the State's responsibility to develop nonpoint source controls 
and determine if there is a need for regulatory programs. Additionally, 
it is the State's responsibility to have the legal

[[Page E103]]

means in place to enforce a landowner's compliance.
  With this congressional intent in mind, Texas has developed a highly 
successful, voluntary approach to nonpoint source pollution control and 
a ``bad actor'' law to enforce the provisions where necessary. Since 
1991, the Texas Forest Service, in cooperation with EPA, the Texas 
State Soil and Water Conservation Board, forest industry, Texas Logging 
Council, and forest landowner associations, has conducted extensive 
training of foresters, loggers, and landowners to understand 
silvicultural Best Management Practices and how to implement them. To 
date, over 850 loggers and foresters have been trained on BMPs. In 10 
years since forestry BMPs were developed in Texas, 87 percent of all 
logging sites across twelve million acres are in compliance with 
recommended BMPs.
  The States have done a good job of working with the private 
landowners to clean up our streams and lakes. Opening up the process to 
unnecessary and burdensome Federal regulations would only have a 
negative impact on the States' ability to improve land use decisions. 
My legislation will allow the current, voluntary, nonpoint source 
program to continue building on its successes by ensuring that States 
can continue to treat forestry activities as nonpoint sources for 
potential water impairment. This bill keeps in tact the congressional 
intent of the Clean Water Act that identifies most water pollution from 
silvicultural activities as nonpoint in nature, thus exempting private 
landowners from Federal permitting requirements.

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