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Alaskan Congressman Don Young submitted the following statement, as prepared, at the Full Committee Hearing on the Clean Water Restoration Act (H.R. 2421), in the Committee on Transportation and Infrastructure:

"With more than 3 million lakes, 12 thousand rivers, thousands of streams, creeks, and ponds, and more coastline than the other 49 states combined, the Clean Water Act has and will continue to have a monumental impact on the economy, transportation, and development of Alaska.

"Over 40 percent of Alaska is classified as wetlands and Alaska contains 63 percent of the total wetland acreage in the United States (excluding Hawaii) according to the U.S. Fish and Wildlife Service.

"In June 2007 the Environmental Protection Agency (EPA) and the Corps of Engineers issued new guidance on issuing dredge and fill permits, known as section 404 in the Clean Water Act, as a result of the recent Rapanos Supreme Court case. The guidance says that the Corps analysis would have to either find a permanent surface hydrologic connection or a "significant nexus" between the wetland in question and the water quality of the nearest traditional navigable water, in order to have federal jurisdiction.

"This was necessary and proper guidance that was issued, as the 1972 Clean Water Act, derived its authority from the Commerce Clause and was intended by Congress to apply to "navigable waters" because navigable waters affected waterborne commerce.

"Though I have complete and total respect for my Chairman, I must respectfully disagree with the need for this legislation. The federal government already has too much regulatory authority over intrastate waters and the "Clean Water Restoration Act" will only expand its authority over states. The original intent of Congress will be changed from "navigable waters" to "waters of the United States." And by asserting authority over all wet areas "subject to the legislative power of Congress under the Constitution" as the bill states, we disregard original congressional intent.

"With the current challenges of economic development and mining being stifled because of the environmental community, expanding the scope of the Clean Water Act will do more damage and cause more confusion. Oil and gas operations, road transportation projects, and mining, undertaken where permafrost persists or where there are seasonal wet areas, would likely become subject to federal jurisdiction even if these waters never reach "navigable waters." With a need for more permits nationwide, the Corps and the EPA will have an increased workload which will lead to permitting delays. The end result is more litigation, higher costs for construction projects and resource development, and prolonged delays."

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