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, 2002.
Adopted by the Senate
February 8, 2002.
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