House Passes Bill to Address WOTUS Concerns
This week, , the House of Representatives passed H.R. 1732, the Regulatory Integrity Protection Act of 2015, by a vote of 261 Yeas to 155 Nays. Twenty-four Democrats voted in favor of the measure. While this was a strong bipartisan vote, it falls short of the two-thirds majority necessary to overcome a likely presidential veto.
H.R. 1732 would force the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to withdraw their proposed rule redefining WOTUS under the Clean Water Act (CWA). The agencies would also be directed to work with state and local officials and other stakeholders to develop a new WOTUS rule that respects congressional intent and decisions made by the U.S. Supreme Court.
The House also passed FY2016 Energy and Water Appropriations bill (H.R. 2028), which includes language to stop the WOTUS rule from going forward for a year. The bill would prevent the Corps (which administers the CWA permitting program for dredging and filling of jurisdictional waters and wetlands) from using any funds to implement the rule. The measure passed 240 Yeas to 177 Nays, with only 10 Democrats voting in favor of the spending bill.
The bill also includes policy language carried over from the FY2015 appropriations bill that reaffirms CWA permit exemptions for normal farming practices and maintenance of irrigation ditches and other infrastructure. Finally, the measure would bar the Administration from altering the definition of “fill material” under the CWA.
NCFC also strongly supports this appropriations strategy as it serves as a backstop should authorizing legislation get blocked in some way. It is likely that multiple appropriations bills would be combined for an end-of-year omnibus, making it more difficult to veto.
In the Senate, the Federal Water Quality Protection Act (S. 1140) was recently introduced with bipartisan support. The Senate bill differs slightly from the House bill in its approach, aiming to further address significant flaws in the proposed WOTUS regulation and requiring a more comprehensive regulatory proposal after the agencies have fully engaged in meaningful stakeholder consultation and administrative procedures.
The Senate Environment and Public Works Committee is scheduled to hold a hearing on S. 1140 on May 19.
House Ag Committee Marks Up CFTC Bill
The House Agriculture Committee this week passed the Commodity End-User Relief Act (H.R. 2289), which would reauthorize the Commodity Futures Trading Commission (CFTC) and address a number of CFTC regulations that NCFC has advocated for on behalf of our members. Most notable among those provisions are fixing futures commission merchant residual interest requirements under the customer protection rule; further relief from 1.35 recordkeeping in the cash markets; and addressing the bona fide hedge definition as related to the position limits rule. It is unclear when the House will schedule floor time for consideration of the bill. Meanwhile, on the other side of the Capitol, the Senate Agriculture Committee this week held a hearing to gather input from CFTC Chairman Tim Massad and derivative end users ahead of drafting a CFTC reauthorization bill. While the House passed a reauthorization bill last year, the Senate never produced companion legislation.
Senate Moves to Debate Trade Promotion Bill After Deal Struck
On Thursday, the Senate voted 65-33 to begin debate on trade promotion authority (TPA) legislation that would give the Obama administration the ability to bring trade deals currently being negotiated (i.e., the Trans Pacific Partnership and the Transatlantic Trade and Investment Partnership) to Congress for an up-or-down vote. Proving that no bill is ever truly dead in the Senate, this vote came after an initial vote on Tuesday that failed to meet the 60-vote threshold needed to proceed; only one Democrat voted for TPA in that vote. A flurry of deal-making revived the prospects for the legislation and led to 13 Democratic votes in favor of debating the bill. Consideration of TPA will continue when the Senate reconvenes next week and may stretch beyond the Memorial Day recess.
NCFC Washington Conference Program Takes Shape
NCFC’s 2015 Washington Conference, being held June 22 to 24, is just six weeks away and the agenda continues to come together. Top policy makers, including House Agriculture Committee Ranking Member Collin Peterson and Senator Joe Donnelly of Indiana, will share their outlook for action on a number of key priorities for agriculture and farmer co-ops including GMO labeling, trade, transportation and immigration. In addition, Secretary of Agriculture Tom Vilsack has been invited to deliver keynote remarks to attendees at the Conference.
From outside of government, attendees will hear Marci Rossell, the former chief economist for CNBC, provide her outlook for the economy in 2015 and 2016, and will gain a perspective on the budding presidential race from Nathan Gonzales, the editor of the Rothenberg & Gonzales Political Report. To register for the Washington Conference, please visit our event site at: http://www.cvent.com/d/7rq24b/4W.
This year’s Washington Conference is being held at the Hyatt Regency Capitol Hill at 555 New Jersey Avenue, N.W. You can make your hotel reservations at the hotel’s website using the group name National Council of Farmer Cooperatives and the meeting name Washington Conference 2015. You can also make reservations by calling toll free 1-888-421-1442.
Please make your hotel reservation by Tuesday, May 26, 2015 to receive the group rate of $289 a night.
Upcoming Events:
- NCFC Washington Conference—June 22-24, 2015—Hyatt Regency Capitol Hill, Washington, D.C.
- LTA Subcommittee Chairs-Vice Chairs Meeting—September 23-25, 2015—The Edgewater, Seattle, WA
- Fall Executive Council Meeting—September 30 & October 1, 2015—Washington, DC
- Human Resources Conference—October 22-23—Sheraton Chicago O’Hare
- Government Affairs Meeting—November 11-13—The Broadmoor Hotel, Colorado Springs, CO