Session Law

Identifying Information:L. 2001 ch. 222
Other Identifying Information:2001 Senate Concurrent Resolution 1605
Tax Type:Other
Brief Description:A Concurrent Resolution urging the Bush administration to withdraw certainenvironmental protection agency regulations.
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CHAPTER 222

SENATE CONCURRENT RESOLUTION No. 1605


A Concurrent Resolution urging the Bush administration to withdraw certain

environmental protection agency regulations.

WHEREAS, The first official act of President George W. Bush on

January 20, 2001, was to order a moratorium on all new federal regula-

tions not yet published in the Federal Register; and

WHEREAS, The proposed new requirement for the Environmental

Protection Agency to further regulate confined animal feeding operations

within the State of Kansas should be subject to the moratorium; and

WHEREAS, The regulation of confined animal feeding operations

within Kansas is properly the responsibility of the State of Kansas, not of

the federal government; and

WHEREAS, The President's order also imposed a 60-day stay on im-

plementation of new federal regulations that have already been published

in the Federal Register but have not yet entered into force; and

WHEREAS, The purpose of the regulatory moratorium and stay or-

dered by President George W. Bush is to permit officials in his admin-

istration time to review proposed regulations and determine, on a case-

by-case basis, whether each such regulation should be implemented; and

WHEREAS, One regulation that should be reviewed is a proposed

new requirement for the federal Environmental Protection Agency to

regulate farm ponds; and

WHEREAS, Another regulation that should be reviewed relates to

default low flows; and

WHEREAS, Another regulation that should be reviewed relates to

antidegradation requirements; and

WHEREAS, Another regulation that should be reviewed relates to

effluent created flow; and

WHEREAS, Another regulation that should be reviewed relates to

primary versus secondary contact recreation; and

WHEREAS, Neither the Federal Water Pollution Control Act of 1972

(Clean Water Act) nor any other act of Congress grants the federal gov-

ernment authority to regulate nonpoint source pollution, farming prac-

tices or issues involving water quantity in Kansas; and

WHEREAS, The regulations described in this Concurrent Resolution,

if implemented, would have the effect of indirectly requiring regulation

of nonpoint source pollution in Kansas waters in a manner inconsistent

with the 10th Amendment to the United States Constitution by federally

regulating matters traditionally and statutorily reserved to the states; and

WHEREAS, The United States Supreme Court in Solid Waste Agency

of Northern Cook County v. United States Corps of Engineers recently

held that the federal government exceeded its authority under the Clean

Water Act in attempting to regulate isolated bodies of water, such as farm

ponds; and

WHEREAS, Each regulation described in this Concurrent Resolution

would, if fully implemented, impose substantial new financial and regu-

latory burdens on Kansas farmers, ranchers and other landowners; and

WHEREAS, Each regulation described in this Concurrent Resolution

already has hindered and delayed ongoing efforts to protect and improve

water quality in Kansas by diverting the time, attention and resources of

farmers, ranchers and other landowners away from the planning and im-

plementing of effective conservation and water-quality programs; and

WHEREAS, The full implementation of any of the regulations de-

scribed in this Concurrent Resolution would impose unacceptable finan-

cial and regulatory burdens on Kansas farmers, ranchers and other land-

owners; would further hinder the ongoing voluntary, incentive-based

efforts by the State of Kansas to protect and improve water quality in our

state; and would constitute an unjustified and excessive intrusion by the

federal government upon the proper authority of the State of Kansas to

regulate the state's waters and protect the state's environment for the

benefit of all Kansans; and

WHEREAS, All Kansans want clean water and the State of Kansas is

committed to protecting water quality in Kansas without the need for

further federal mandates: Now, therefore,

Be it resolved by the Senate of the State of Kansas, the House of Rep-

resentatives concurring therein: That the Kansas Legislature hereby

urges and requests the administration of President George W. Bush to

permanently withdraw or withdraw and review and revise each of the

regulations described in this Concurrent Resolution to fully accommodate

the concerns expressed by Kansans during the public hearings conducted

by the Environmental Protection Agency; and

Be it further resolved: That the Secretary of State is authorized and

directed to send copies of this Concurrent Resolution to the President of

the United States, to the White House Chief of Staff, to the Director of

the federal Office of Management and Budget, to the administrator of

the United States Environmental Protection Agency and to each member

of the Kansas congressional delegation.

Adopted by the House March 22, 1999.

Adopted by the Senate

February 8, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001