[Congressional Record Volume 161, Number 163 (Tuesday, November 3, 2015)]
[Senate]
[Pages S7726-S7728]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2762. Mr. FLAKE submitted an amendment intended to be proposed by
him to the bill S. 1140, to require the Secretary of the Army and the
Administrator of the Environmental Protection Agency to propose a
regulation revising the definition of the term ``waters of the United
States'', and for other purposes; which was ordered to lie on the
table; as follows:
Strike section 5 and insert the following:
SEC. 5. SUPPLEMENTAL SCIENTIFIC REVIEW AND ADVISORY
COMMITTEE.
(a) Supplemental Scientific Review Panel.--
(1) Establishment.--The Secretary and the Administrator
shall establish a panel, to be known as the ``Supplemental
Scientific Review Panel'' (referred to in this subsection as
the ``Panel''), to submit to the Secretary and the
Administrator recommendations regarding metrics, based on the
best available scientific information, to quantify the degree
of connectivity between any body of water or wetland and a
traditionally navigable water.
(2) Membership.--
(A) In general.--The Panel shall be composed of 9 members,
of whom--
(i) 2 shall be appointed by the Majority Leader of the
Senate;
(ii) 2 shall be appointed by the Minority Leader of the
Senate;
(iii) 2 shall be appointed by the Speaker of the House of
Representatives;
(iv) 2 shall be appointed by the Minority Leader of the
House of Representatives; and
(v) 1 shall be appointed by the President of the National
Academy of Engineering.
(B) Date of appointments.--The appointment of a member of
the Panel shall be made not later than 45 days after the date
of enactment of this Act.
(C) Qualifications.--Each member of the Panel shall be
appointed from among individuals who possess--
(i) expertise in a field of the biogeosciences, such as
hydrology, ecology, or geomorphology;
(ii)(I) academic excellence, as determined in accordance
with criteria including peer-reviewed journal publications
and invited academic conference presentations; or
(II) practical expertise demonstrated by a record of
employment as a professional with equivalent experience as an
academic scientist; and
(iii) experience regarding collecting and interpreting
field measurements of streams and wetlands.
(D) Requirement.--In appointing members of the Panel, each
appointing officer referred
[[Page S7727]]
to in subparagraph (A) shall ensure that the Panel includes
balanced representation of research expertise across all
Level I ecoregions (as defined in section III of the 1997
publication of the Commission for Environmental Cooperation
publication entitled ``Ecological Regions of North America
Toward a Common Perspective'').
(E) Chairperson.--At the first meeting of the Panel, a
majority of the members of the Panel present and voting shall
elect the Chairperson of the Panel from among the members of
the Panel.
(F) Vacancies.--A vacancy on the Panel--
(i) shall not affect the powers of the Panel; and
(ii) shall be filled in the same manner as the original
appointment was made.
(G) Compensation.--
(i) In general.--A member of the Panel--
(I) shall not be considered to be a Federal employee for
any purpose by reason of service on the Panel; and
(II) shall serve without pay.
(ii) Travel expenses.--A member of the Panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business
of the member in the performance of the duties of the Panel.
(H) Initial meeting.--The Panel shall hold the initial
meeting of the Panel by not later than 90 days after the date
of enactment of this Act.
(I) Meetings.--The Panel shall meet at the call of a
majority of the members of the Panel.
(J) Quorum.--Of the members of the Panel, 5 shall
constitute a quorum.
(K) Rules of procedure.--The Panel may establish rules for
the conduct of business of the Panel, subject to the
condition that those rules shall not be inconsistent with
this Act or any other applicable law.
(3) Duties.--The Panel shall--
(A) recommend metrics, based on the best available
scientific information and considering the duration,
magnitude, and frequency of flows, to quantify the degree of
connectivity between any body of water or wetland and a
traditionally navigable water;
(B) ensure the recommended metrics account for regional
variability in all types of waterbodies and across all
States, the District of Columbia, Puerto Rico, and other
territories and possessions of the United States; and
(C) not later than 1 year after the date on which the Panel
first convenes, submit to the Secretary and Administrator a
report describing each recommendation of the Panel to which
not fewer than 6 members have agreed.
(4) Administrative support.--
(A) In general.--The Secretary and the Administrator shall
provide to the Panel such staff and administrative services
as may be necessary and appropriate for the Panel to perform
the duties under paragraph (3).
(B) Detail of federal government employees.--
(i) In general.--An employee of the Federal Government may
be detailed to the Panel without reimbursement.
(ii) Civil service status.--The detail of the employee
shall be without interruption or loss of civil service status
or privilege.
(5) Funding.--The Secretary and the Administrator shall
provide to the Panel such funds as the Secretary and the
Administrator determine to be appropriate from amounts made
available to the Secretary and the Administrator in
appropriations Acts.
(6) Termination.--The Panel shall terminate on the earlier
of--
(A) the date that is 180 days after the date on which the
report is submitted under paragraph (3)(C); and
(B) the date that is 2 years after the date of enactment of
this Act.
(7) Applicability of federal advisory committee act.--
(A) In general.--The Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Panel.
(B) Public meetings and release of public versions of
reports.--The Panel shall--
(i) hold public hearings and meetings to the extent
appropriate; and
(ii) release public versions of the report required under
paragraph (3)(C).
(C) Public hearings.--Any public hearings of the Panel
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the Panel
as required by any applicable law, regulation, or Executive
order.
(b) Ephemeral and Intermittent Streams Advisory
Commission.--
(1) Establishment.--The Secretary and the Administrator
shall establish a commission, to be known as the ``Ephemeral
and Intermittent Streams Advisory Commission'' (referred to
in this subsection as the ``Commission''), to develop
criteria to define whether a waterbody or wetland has a
significant nexus to a traditional navigable water using the
metrics developed by the Panel.
(2) Membership.--
(A) In general.--The Commission shall be composed of 15
members, of whom--
(i) 2 shall be appointed by the Majority Leader of the
Senate;
(ii) 2 shall be appointed by the Minority Leader of the
Senate;
(iii) 2 shall be appointed by the Speaker of the House of
Representatives;
(iv) 2 shall be appointed by the Minority Leader of the
House of Representatives; and
(v) 7 shall be appointed jointly by the Administrator and
the Secretary.
(B) Date of appointments.--The appointment of a member of
the Commission shall be made not later than the date that is
45 days after the date on which the report of the Panel is
submitted under subsection (a)(3)(C).
(C) Qualifications.--Each member of the Commission shall be
appointed from among individuals who possess--
(i) experience regarding the permitting process under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
(ii) experience serving on the Panel; or
(iii)(I) expertise in a field of the biogeosciences, such
as hydrology, ecology, or geomorphology; and
(II) academic excellence, as determined in accordance with
criteria including peer-reviewed journal publications and
invited academic conference presentations.
(D) Requirements.--In appointing members of the Commission,
each appointing officer referred to in subparagraph (A) shall
ensure that the Commission includes--
(i) balanced representation of research expertise across
all Level I ecoregions (as defined in section III of the 1997
publication of the Commission for Environmental Cooperation
publication entitled ``Ecological Regions of North America
Toward a Common Perspective''); and
(ii) equal representation of the following groups:
(I) Individuals who represent--
(aa) the interests of builders and developers;
(bb) agricultural interests;
(cc) energy and mineral development; or
(dd) the commercial timber industry.
(II) Individuals who represent--
(aa) nationally or regionally recognized environmental
organizations;
(bb) sport, recreational, and commercial fishing interests;
(cc) sportsman's organizations; or
(dd) municipal water supply interests.
(III) Individuals who--
(aa) hold a State, county, or local elected office;
(bb) are employed by a State agency responsible for the
management of the environment or natural interests; or
(cc) represent the affected public at-large.
(E) Chairperson.--At the first meeting of the Commission, a
majority of the members of the Commission present and voting
shall elect the Chairperson of the Commission from among the
members of the Commission.
(F) Vacancies.--A vacancy on the Commission--
(i) shall not affect the powers of the Commission; and
(ii) shall be filled in the same manner as the original
appointment was made.
(G) Compensation.--
(i) In general.--A member of the Commission--
(I) shall not be considered to be a Federal employee for
any purpose by reason of service on the Commission; and
(II) shall serve without pay.
(ii) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business
of the member in the performance of the duties of the
Commission.
(H) Initial meeting.--The Commission shall hold the initial
meeting of the Commission not earlier than the date on which
the report of the Panel is submitted under subsection
(a)(3)(C).
(I) Meetings.--The Commission shall meet at the call of a
majority of the members of the Commission.
(J) Quorum.--Of the members of the Commission, 9 shall
constitute a quorum.
(K) Rules of procedure.--The Commission may establish rules
for the conduct of business of the Commission, subject to the
condition that those rules shall not be inconsistent with
this Act or any other applicable law.
(3) Duties.--The Commission shall--
(A) develop criteria to define whether a waterbody or
wetland has a significant nexus to traditional navigable
water using the metrics developed by the Panel, including the
measures of flow described in paragraphs (2)(C) and (3)(E) of
section 4(b);
(B) ensure those criteria account for regional variability
in all types of waterbodies and wetlands and across all
States, the District of Columbia, Puerto Rico, and other
territories and possessions of the United States;
(C) not later than 180 days after the date on which the
Commission holds the initial meeting under paragraph (2)(H),
submit to the Secretary and the Administrator a draft report
that--
(i) describes the criteria developed by the Commission; and
(ii) is subject to a 60-day period for public comment; and
(D) after addressing the comments received during the 60-
day comment period under subparagraph (C)(ii), submit to the
Secretary and the Administrator a final report.
(4) Administrative support.--
(A) In general.--The Secretary and the Administrator shall
provide to the Commission such staff and administrative
services
[[Page S7728]]
as may be necessary and appropriate for the Commission to
perform the duties under paragraph (3).
(B) Detail of federal government employees.--
(i) In general.--An employee of the Federal Government may
be detailed to the Commission without reimbursement.
(ii) Civil service status.--The detail of the employee
shall be without interruption or loss of civil service status
or privilege.
(5) Funding.--The Secretary and the Administrator shall
provide to the Commission such funds as the Secretary and the
Administrator determine to be appropriate from amounts made
available to the Secretary and the Administrator in
appropriations Acts.
(6) Termination.--The Commission shall terminate on the
earlier of--
(A) the date that is 180 days after the date on which the
final report is submitted under paragraph (3)(D); and
(B) the date that is 3 years after the date of enactment of
this Act.
(7) Applicability of federal advisory committee act.--
(A) In general.--The Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Commission.
(B) Public meetings and release of public versions of
reports.--The Commission shall--
(i) hold public hearings and meetings to the extent
appropriate; and
(ii) release public versions of the reports required under
subparagraphs (C) and (D) of paragraph (3).
(C) Public hearings.--Any public hearings of the Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable law, regulation, or
Executive order.
(c) Revised Definition.--A revision to or guidance on a
regulatory definition described in section 4(a) shall have no
force or effect until after the Secretary and the
Administrator carry out each action described in this
section.
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