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Ken Buck Amendment Promotes Federalism

Amendment Requires Federal Consultation with Local Government Prior to Rule Proposals

Washington, D.C. – Today, Congressman Ken Buck (CO-04) introduced an amendment to the OIRA Insight, Reform, and Accountability Act that empowers state, local, and tribal governments to have a say in the regulatory process. The amendment passed the House unanimously and was included in H.R. 1009, which passed on a 241 to 184 vote.

Often, federal agencies issue proposed rules without adequately consulting the local governments who already have relevant regulatory frameworks and statutes in place, even though the law requires the federal agencies to cooperate with these local governments. In bypassing these state governors and local officials, the federal agencies disregard the practice of cooperative federalism that allows our state and local governments to coexist with the federal government. The introduced amendment strengthens the requirement for federal agencies to consult and coordinate with state, local, and tribal governments prior to issuing new rule proposals.

“State, local, and tribal officials often know best what our communities need, and this amendment simply requires that they have a say in federal regulations,” Congressman Ken Buck stated. “From interacting with state and local officials in Colorado, I know how much expertise and knowledge they can add to the writing of regulations. This amendment ensures they’re consulted before new federal rules are proposed.”

The need for consultation and cooperation between federal agencies and local governments was particularly apparent for both the EPA’s Water of the United States rule and the BLM’s Planning 2.0 rule. Both rules were proposed without adequate consultation of local government beforehand.

 


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