[Congressional Record (Bound Edition), Volume 146 (2000), Part 2]
[Senate]
[Page 2213]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 2213]]

           TIMBER AND AGRICULTURE ENVIRONMENTAL FAIRNESS ACT

  Mr. HUTCHINSON. Mr. President, I have heard from hundreds of private 
landowners, forest owners, and farmers in Arkansas who are greatly 
concerned about the Environmental Protection Agency's attempt to 
rewrite portions of the Clean Water Act.
  I know the Senator from Idaho has been very much involved in this 
issue, has had hearings on this, and has been a leader in determining 
exactly what the EPA intends to do.
  In August of last year, as the occupant of the chair knows, the EPA 
proposed a regulation which requires States to renew their efforts to 
fully implement a so-called voluntary total maximum daily load, or 
TMDL, program.
  The States, in conjunction with the EPA, would establish TMDLs for 
water bodies statewide. If States fail to meet those TMDL guidelines, 
the EPA would then have the authority to enforce the new water quality 
standards. I believe that is what this agency had in mind all along.
  Should the EPA be successful in carrying out their plans, this 
regulation will have a direct impact on two of my State's most 
important industries: agriculture and timber. Agriculture and forestry 
activity, which the EPA currently treats as potential ``non-point 
source'' polluters, could be regulated as point source pollution.
  A regulation requiring foresters, private landowners and farmers to 
obtain discharge permits for traditional forestry and agriculture 
activities is costly, overly burdensome and unnecessary.
  I believe this is yet another deliberate attempt to circumvent the 
Clean Water Act and legislate through regulation. Rewriting TMDL 
requirements and redefining point source pollution should be addressed 
when Congress, the elected representatives of the people, reauthorizes 
the Clean Water Act.
  Arkansas has put forth a tremendous effort to implement statewide 
Best Management Practices and other water quality regulations.
  If my State is required to establish and enforce expanded federal, 
one-size-fits-all TMDL standards, it must redirect already limited 
funds and resources away from successful State implementation programs 
and hand them over to bureaucratic EPA procedures and oversight.
  These are some of the reasons why landowners in Arkansas are so 
upset. In early January I spoke at a meeting in El Dorado, AR, where 
1,500 people attended to voice their concerns.
  A few weeks later, 3,000 people attended a similar meeting in 
Texarkana, AR. Although the public comment period for this proposed 
regulation is over, a third meeting scheduled for later this month is 
expected to draw similar crowds.
  The thousands of people who attend these meetings have families, busy 
schedules, and many other responsibilities, but they are willing to 
sacrifice their time to learn more about this proposed regulation and 
how it will affect their livelihood.
  One of the core issues motivating Arkansans to attend public meetings 
by the thousand is trust. Ultimately, the people of my State do not 
trust the EPA. In other words, the EPA has not earned the trust of my 
constituents.
  Clearly, the EPA has done an incredibly poor job communicating their 
proposal to those whom it will affect the most. During my time in 
public service, I have never seen this kind of public outcry to 
anything the EPA has done.
  In response to the reaction from foresters, private landowners and 
farmers, private landowners and farmers in Arkansas, I have introduced 
S. 2139, the Timber and Agriculture Fairness Act.
  My bill consists of two simple parts: First, it exempts silviculture 
operations and agriculture stormwater discharges from EPA's National 
Pollutant Discharge Elimination System permitting requirements; and, 
second, it defines nonpoint source pollution relating to both 
agriculture stormwater discharges and silviculture operations.
  This two-prong approach, I believe, is the sensible way to winning 
back the trust of Arkansans and the American people.
  We must remind ourselves that we have a Government ``of the people, 
by the people, and for the people.'' By passing this legislation, we 
will give the Government back to its original owners.
  Mr. President, I ask my colleagues to support S. 2139.
  I express my appreciation to the Senator from California for fitting 
me in between her comments.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Hutchinson). The Senator from Idaho.
  Mr. CRAPO. I ask unanimous consent to speak for up to 10 minutes in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CRAPO. I thank the Senator from California for allowing me to 
take a few moments to address the Senate.

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