WASHINGTON – Sen. Chuck Grassley (R-Iowa) joined Sens. Mike Braun (R-Ind.) and Joni Ernst (R-Iowa) in introducing the Define WOTUS Act, which will codify a congressionally-mandated definition of what constitutes “waters of the United States” (WOTUS). The Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE) are granted regulatory authority over WOTUS, yet the term has not been clearly defined in statute. As a result, multiple administrations have redefined and expanded the definition of WOTUS, causing confusion for landowners.
 
The Define WOTUS Act would make substantial improvements over various administrative attempts to redefine the term by clearly outlining what is, and is not, a federally regulated waterway.
 
“Iowa farmers, landowners and developers care about the quality and health of their land, but multiple rules changes over the past several years have led to uncertainty and confusion. It’s time to put a stop to federal bureaucrats’ heavy-handed approach and create a clear, commonsense definition of WOTUS,” Grassley said.
 
“Regulations for what falls under ‘Waters of the U.S.’ have ping-ponged back and forth for years,” Braun said. “Farmers and families need a reasonable, practical definition for WOTUS, and that’s why I’m introducing the Define WOTUS Act with my colleagues today."
 
“Vague and expanded regulations allow the Biden administration to tell Iowans what they can and can’t do on their own land. As over 46,000 Iowa small business owners brace for the impact of Biden’s WOTUS rule, I’m fighting to clarify what is and, most importantly, what is not a water of the U.S.,” Ernst said.
 
The bill differs from EPA’s regulations under the Biden, Trump and Obama administrations in several important ways:
 
  • Wetlands: Unlike previous definitions, the bill restricts federal authority to wetlands that “abut.”
  • Ephemeral Waters: The bill restricts WOTUS to streams that flow at least 185 days a year—a common recommendation from agriculture stakeholders.
  • Exclusions: The bill includes more exclusions than previous rule—including an exclusion for snowpack melt requested by agriculture stakeholders as well as a new exclusion for drain tiling as a subsurface drainage system.
  • Beyond Visual Inspection: The bill also restricts waters that require more than a visual inspection to determine their federal status as not WOTUS. This is an important mechanism requested by many stakeholders to ensure that the definition is as predictable and uniformly implemented as possible. 

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