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Huntington Today
By the People, for the People
Cramer Highlights Need for WOTUS Clarity at EPW Hearing
Senator Cramer pushes for more transparency and consistency in Army Corps' jurisdictional determinations.
Published on Feb. 26, 2026
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During a Senate Environment and Public Works Committee hearing, U.S. Senator Kevin Cramer (R-ND) emphasized the importance of providing clarity to landowners on what constitutes Waters of the United States (WOTUS) under the Clean Water Act. Cramer pressed Assistant Secretary of the Army for Civil Works Adam Telle on improving the consistency and transparency of the Army Corps of Engineers' jurisdictional determinations, which have long been a source of frustration for developers and landowners.
Why it matters
The scope of WOTUS has been a contentious and evolving issue, with the Trump administration currently finalizing a new WOTUS rule. Cramer's concerns highlight the need for clear, consistent, and easily understandable guidelines so that landowners and developers can intuitively know what falls under federal jurisdiction, avoiding costly delays and legal battles.
The details
During the hearing, Cramer thanked Telle for the Army Corps' 'Building Infrastructure, Not Paperwork' initiative, which aims to improve the agency's efficiency and transparency. Cramer then pivoted to discuss the jurisdictional determination process for WOTUS, noting the 'diversity of ideas' and 'lack of clarity' that has frustrated landowners and developers. Telle acknowledged Cramer's concerns and said the Corps is working to provide real-time transparency on WOTUS determinations using new technology, in order to 'take subjectivity out of the equation'.
- The Senate Environment and Public Works (EPW) Committee held a hearing on February 26, 2026 to discuss the U.S. Army Corps of Engineers (USACE) Civil Works Program.
- The Trump administration is in the midst of finalizing its proposed WOTUS rule.
- Cramer hosted the first national listening session in Bismarck, North Dakota in December 2025 with administration officials on the WOTUS regulations.
The players
Kevin Cramer
U.S. Senator from North Dakota and Chair of the EPW Subcommittee on Transportation and Infrastructure.
Adam Telle
Assistant Secretary of the Army for Civil Works.
William H. Graham Jr.
USACE Chief of Engineers and Commanding General.
What they’re saying
“If it's the law, it ought to be interpreted by the U.S. Army Corps of Engineers employees consistently, and it ought to be in keeping with the law.”
— Adam Telle, Assistant Secretary of the Army for Civil Works (senate.gov)
“What we're trying to do would enable the public to have transparency in real time about what is and what is not a Water of the United States. These decisions should be made instantly with the technology that we have today.”
— Adam Telle, Assistant Secretary of the Army for Civil Works (senate.gov)
What’s next
The Trump administration is expected to finalize its proposed WOTUS rule in the coming months, which will provide more clarity on federal jurisdiction over waterways.
The takeaway
This hearing highlights the ongoing challenges around the scope of the Clean Water Act and the need for the Army Corps of Engineers to provide clear, consistent, and easily understandable guidelines for landowners and developers on what constitutes federally regulated Waters of the United States.
