,,iii  #aaeth ,,congress  #ast ,session 
,s4 ,,res4 #ab  ,,in ,,the ,,senate ,,of
 ,,the ,,united ,,states  ,january #ab1 
#bjag ,mrs4 ,fischer 7for herself and   
,mrs4 ,ernst7 submitted the following   
resolution2 which was referred to the   
,committee on ,environment and ,public  
,works  ,,resolution  ,expressing the   
sense of the ,senate that clean water is
 a national priority1 and that the ,june
 #bi1 #bjae1 ,waters of the ,united     
,states ,rule should be withdrawn or    
vacated4  ,whereas the ,federal ,water  
,pollution ,control ,act 7#cc ,u4,s4,c4 
#abea et seq47 7commonly known as the   
,clean ,water ,act7 is one of the most  
important laws in the ,united ,states   
and has led to decades of successful    
environmental improvements2 ,whereas the
 success of that ,act depends on        
consistent adherence to the key         
principle of cooperative federalism1    
under which the ,federal ,government and
 ,state and local governments all have a
 role in protecting water resources2    

,whereas1 in structuring the ,federal   
,water ,pollution ,control ,act 7#cc    
,u4,s4,c4 #abea et seq47 based on the   
foundation of cooperative federalism1   
,congress left to the ,states their     
traditional authority over land and     
water1 including farmers' fields1       
nonnavigable1 wholly intrastate water   
7including puddles and ponds71 and the  
allocation of water supplies2 ,whereas  
compliance with the principle of        
cooperative federalism requires that any
 regulation defining the term waters of 
the ,united ,states be promulgated--    
7#a7 after the establishment of a proper
 regulatory baseline for1 and an        
evaluation of the costs and benefits of1
 the proposed regulatory definition of  
the term2  7#b7 in compliance with--    
7,a7 chapter #f of title #e1 ,united    
,states ,code 7commonly known as the    
,regulatory ,flexibility ,act72 and     
7,b7 the ,national ,environmental       
,policy ,act of #aifi 7#db ,u4,s4,c4    
#dcba et seq472 and  7#c7 in            

consultation with ,states and local     
governments1 including consultation with
 respect to-- 7,a7 alternative proposals
 for changing the regulatory definition 
of the term2 and  7,b7 the impact of the
 alternative proposals1 including costs 
and benefits1 on ,state and local       
governments and small entities2         
,whereas1 in promulgating the final rule
 entitled ,clean ,water ,rule3          
,definition of ,waters of the ,united   
,states 7#hj ,fed4 ,reg4 #cgjed 7,june  
#bi1 #bjae77 7referred to in this       
preamble as the ,waters of the ,united  
,states ,rule71 the ,administrator of   
the ,environmental ,protection ,agency  
and the ,chief of ,engineers-- 7#a7     
failed to follow the procedural steps   
described in the fourth whereas clause2 
and  7#b7 claimed broad and expansive   
jurisdiction that encroaches on         
traditional ,state authority and        
undermines longstanding exemptions from 
,federal regulation under the ,federal  
,water ,pollution ,control ,act 7#cc    

,u4,s4,c4 #abea et seq472 and  ,whereas1
 on ,october #i1 #bjae1 the ,united     
,states ,court of ,appeals for the      
,sixth ,circuit-- 7#a7 issued a         
nationwide stay for the ,waters of the  
,united ,states ,rule2 and  7#b7 found  
that the petitioners who requested that 
the court vacate the ,waters of the     
,united ,states ,rule have a substantial
 possibility of success in a hearing on 
the merits of the case3 ,now1 therefore1
 be it  ,that it is the sense of the    
,senate that the final rule of the      
,administrator of the ,environmental    
,protection ,agency and the ,chief of   
,engineers entitled ,clean ,water ,rule3
 ,definition of ,waters of the ,united  
,states 7#hj ,fed4 ,reg4 #cgjed 7,june  
#bi1 #bjae77 should be vacated4