[Congressional Record Volume 157, Number 60 (Thursday, May 5, 2011)]
[Senate]
[Pages S2724-S2725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      PROTECTING AMERICA'S WATERS

  Mr. CARDIN. Madam President, this month people all over the country 
will grab their tackle boxes and head off in pursuit of the elusive 
trout in mountain streams. Mothers and fathers will turn on their 
kitchen faucets and hand their children glasses of clean, pure drinking 
water that we have in this country. Farmers will irrigate their spring 
plantings in vegetables and grains with clear water from nearby 
streams.
  All over the United States, Americans will take advantage of the 
simple but priceless natural resource of America's water. Thanks to the 
actions taken by the Obama administration last week, we can rest 
assured these vital resources are being protected by the full strength 
of the Clean Water Act.
  Last week, the Obama administration released a guidance document on 
the jurisdictional waters of the United States. The document was a 
sensible response to the confusion left in the wake of recent Supreme 
Court rulings. The draft document that was released last week will help 
the Army Corps of Engineers and the U.S. Environmental Protection 
Agency in the near term as they make decisions about whether projects 
will impact the waters of the United States and therefore require 
protective permits.
  Eventually, this draft document will be replaced by formal 
regulations that will ensure the Clean Water Act continues to protect 
America's waters. For nearly 40 years, the Clean Water Act has 
safeguarded almost all of our Nation's waters. These safeguards protect 
our rivers, streams, and wetlands from pollution in accordance with 
Congress's intent that the landmark statute, ``restore and maintain the 
chemical, physical and biological integrity of the nation's waters.''
  Nowhere in America is this more important--the enforcement of the 
Clean Water Act--than the Chesapeake watershed. We understand more than 
100,000 rivers and streams come together to form North America's 
largest estuary, and they are all critical to the health of the 
Chesapeake Bay.
  These streams and rivers, along with their associated wetlands, serve 
as a habitat for hundreds of species, buffers for slowing the flow of 
pollutants into the bay, and sponges that soak up and hold large 
amounts of floodwater and stormwater runoff.
  Despite major steps forward that have resulted in a majority of the 
Nation's waters now being safe for fishing, swimming, and other uses, 
recent Supreme Court decisions have placed this progress at risk. The 
guidance developed by professional scientists and

[[Page S2725]]

improved by the Obama administration provides strong protection for our 
Nation's waters and restores the ability of Federal agencies to enforce 
the Clean Water Act. I also wish to underscore the fact that the 
guidance reflects the longstanding agricultural and other exemptions 
codified in the Clean Water Act.

  This is a commonsense solution right in the mainstream of American 
values.
  The Supreme Court's recent rulings put millions of acres of wetlands 
and thousands of miles of streams at risk. The Court's decision in its 
2001 ruling in SWANCC v. U.S. Army Corps of Engineers and its more 
recent rulings in 2006--Rapanos v. United States and Caravell v. Army 
Corps of Engineers--threatened to roll back the Clean Water Act, making 
nearly 60 percent of our Nation's waters vulnerable to polluters.
  The waters threatened by the narrowing of the Clean Water Act 
protections are important for fish and wildlife habitat, flood 
protection, and supply of drinking water. More than 117 million 
Americans receive drinking water supplied, at least in part, by 
headwaters and similar streams. These vital streams and wetlands are 
also critical to the health of our most treasured water bodies from the 
Chesapeake Bay, to the Great Lakes and Lake Champlain, to Puget Sound.
  Millions of small streams and wetlands provide the fresh water that 
flows into these regional economic engines. If we do not protect this 
incredible network of waters, we cannot hope to restore these water 
bodies to health.
  As Americans, we cherish clean water and the magnificent bounty we 
are blessed with. That is why last week's announcement was met with 
such strong support from a broad range of Americans, especially from 
our sportsmen. Among the groups supporting the administration's actions 
are Ducks Unlimited, the Izaak Walton League of America, the National 
Wildlife Foundation, the Theodore Roosevelt Conservation Partnership, 
and Trout Unlimited.
  As chairman of the Water and Wildlife Subcommittee of the Environment 
and Public Works Committee, I am especially pleased the administration 
has taken such a strong and sensible approach to protecting our 
Nation's waters. Too often we raise our voices in criticism of the 
actions of others. Today, I am proud to add my voice to the chorus of 
thanks to the Obama administration for a job well done.
  Thank you, Madam President. With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from Louisiana.
  (The remarks of Ms. Landrieu pertaining to the submission of S. Res. 
158 are located in today's Record under ``Morning Business.'')
  Ms. LANDRIEU. I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BARRASSO. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Ms. Klobuchar). Without objection, it is so 
ordered.
  Mr. BARRASSO. Madam President, I ask unanimous consent to engage in a 
colloquy with my colleague, Senator Hatch of Utah for up to 20 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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