In case you want a clean copy, here it is...
HR 2421 The thing that really bothers me about this bill is that it substantially expands the oversight authority of the Feds. Previously, "navigable waters" were under control of USACE, and perhaps USEPA, when discussing pollution. Everything that didn't meet the definition of "navigable" was left to the states for oversight. They could basically regulate as they saw fit, as long as they didn't write rules that were less stringent than the feds...that's never allowed.
If this passes, all state plans will be subject to review by USACE and USEPA. If the fed don't like the way a state is overseeing the uses of waters (even if wholly within the boundaries of the state) they can then demand changes.
I've been in the enviro field for nearly 20 years...this is nothing new. It's not an expansion of the rules, just the field of play to which they apply.
How this will affect us folks that enjoy pond building, is yet to be seen. If you are diggin' a hole to let it fill with ground water, it's hard to see how you would be covered (not existing "streams"). BUT if you do as I did, and dam up a draw or two...there's nothing in there that excludes these small flows (even if they only happen during a rain event), and in fact, they may very well BE covered, as it specifically applies even to "intermittent" streams.
I guess the only thing one might do is to contact their representatives to see if they can obtain clarification on this question. Normally, congress passes rules, and then leaves it up to court cases to actually define specific application...right or wrong, that's the way of life in the U.S. That's pretty tough to swallow, if it's you that may be affected.
I can say unequivocally, that I'm certainly glad to have already built my ponds. If I ever get around to building my third, and it's the granddaddy...I will probably have to get a USACE permit, should this rule pass. I NEVER would have been required to do so in previous years. That's the main difference between the "before" and "after" of this rule...all states will be on a more or less equal footing on this requirement.
Just my opinion...
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