Rounds: WOTUS was Illegal Power Grab; New Rule Must be Upheld

Rounds: WOTUS was Illegal Power Grab; New Rule Must be Upheld

Biden Administration has attempted to roll back protections for landowners through executive order

WASHINGTON – U.S. Sen. Mike Rounds (R-S.D.), a member of the Senate Environment and Public Works Committee, joined Sen. Joni Ernst (R-Iowa) and a number of their colleagues to introduce a resolution that expresses the need for the U.S. Senate to stand with workers, farmers, ranchers, landowners, manufacturers and businesses by upholding the Trump administration’s Navigable Waters Protection rule, which replaced the Obama-era Waters of the United States (WOTUS) rule.

“We must uphold the previous administration’s Navigable Waters Protection rule, which gives farmers, ranchers and landowners the clarity they need to know when the Clean Water Act applies to them and when it does not,” said Rounds. “The Obama administration’s Waters of the U.S. rule was an illegal power grab by the federal government, which was why it was tied up in the court system for so long. It infringed upon the rights of South Dakota landowners. We strongly urge the Biden administration to keep the Navigable Waters Protection rule in place.”

In addition to Rounds and Ernst, the resolution is supported by Sens. Chuck Grassley (R-Iowa), Deb Fischer (R-Neb.), Ben Sasse (R-Neb.), Roger Marshall (R-Kan.), Jerry Moran (R-Kan.), Shelley Moore Capito (R-W.Va.), Kevin Cramer (R-N.D.), John Hoeven (R-N.D.), James Risch (R-Idaho), John Barasso (R-Wyo.), Cynthia Lummis (R-Wyo.), Steve Daines (R-Mont.), Dan Sullivan (R-Alaska), Josh Hawley (R-Mo.), Roy Blunt (R-Mo.), Thom Tillis (R-N.C.), John Boozman (R-Ark.), Tom Cotton (R-Ark.), Cindy Hyde-Smith (R-Miss.), Roger Wicker (R-Miss.), Rand Paul (R-Ky.), MikeCrapo (R-Idaho), Mike Braun (R-Ind.) and Ron Johnson (R-Wis.).

Background:

In 2015, the Obama administration finalized a rule that expanded the definition of the Waters of the United States. This rule created confusion and burdensome red tape for South Dakota’s agriculture industry and many others. When the Environmental Protection Agency (EPA) proposed the WOTUS rule, Rounds introduced legislation, which was passed by committee, to stop it.

In 2018, the Trump administration released a proposed rule to replace the Obama administration’s 2015 WOTUS rule with a new rule that provided much-needed predictability and certainty for farmers by establishing clear and reasonable definitions of what qualifies as a “water of the United States.” The new Navigable Waters Protection Rule was finalized last year.

On day one of his administration, President Biden signed an executive order that would roll back the Trump Administration’s executive order which began the process of rescinding Obama’s WOTUS rule. This is why Rounds joined the resolution expressing the sense of the Senate that the Navigable Waters Protection Rule should not be withdrawn or vacated.

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Congressman Dusty Johnson’s Weekly Column: A 51st State Is Not the Answer

A 51st State Is Not the Answer
By Rep. Dusty Johnson

Over the last several years, there’s been a lot of discussion about making our nation’s capital city the 51st state in the union. I think that’s a bad idea, but it’s supported by many for a few reasons.

Some support statehood for Washington, D.C., because they want to expand Democratic control of the United States Senate. I’m opposed to that kind of a political power grab.

Others support statehood for a different, more legitimate reason, saying D.C. residents deserve voting representation in the U.S. House and Senate. We all know the saying, “taxation without representation,” and while capital residents are represented with three electoral college votes, they do not get representation in the Senate. I do think that’s unfair, but I don’t think adding a new state is the answer.

D.C. is 68 square miles – that includes both land mass and water. It’s 95% smaller than our nation’s smallest state, Rhode Island. You could fit 1,130 D.C.’s inside the state of South Dakota. Let’s be honest: DC isn’t a state. It’s a city.

So, is there a compromise to ensure D.C. residents have representation in Congress? Yes.

My bill, the D.C.-Maryland Reunion Act, would merge the suburbs of D.C. with the surrounding state of Maryland – providing congressional representation to those residents without adding a 51st state. The Capitol building and White House “mall” area would remain the District of Columbia and there would no longer be a need for electoral votes in the district since residents would become Maryland voters.

The idea has gotten some pushback from politicians in favor of D.C. statehood. But if we’re being honest, if this idea wasn’t about power and truly focused on providing representation to voters, then those same politicians would support my bill.

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Governor Kristi Noem’s Weekly Column: Life and Down Syndrome

Life and Down Syndrome
By: Governor Kristi Noem 

Anyone who has met a child or a person with Down syndrome knows that they are a gift from God. Their beautiful smiles and unique personalities bring such joy and warmth into our lives. And yes, God saw fit to bless these children with an extra chromosome.

Unfortunately, not everyone recognizes these wonderful children for the gift that they are. Recent media reports share the sad reality that some European countries, like Iceland and Denmark, have virtually eliminated children with Down syndrome by aborting nearly every child that has it.

We want to protect children with Down syndrome in South Dakota from being similarly discriminated against just for having an extra chromosome. That’s why I introduced legislation to ban abortions based on a diagnosis of Down syndrome.

Research estimates that two out of every three Down syndrome pregnancies in the United States end in an abortion. And tests to diagnose Down syndrome can be conducted as early as 10 weeks into pregnancy. In South Dakota, we’ve already worked to ban abortions after 20 weeks, and my proposal would protect children with Down syndrome even before that.

The Declaration of Independence summarizes what we all know in our hearts to be true: God created each of us and endowed all of us with the right to life. This is true for everyone. It’s true for every preborn child. And it’s true for those with an extra chromosome.

I look forward to the day when the Supreme Court recognizes that all preborn children inherently possess this right to life, too. Until that time comes, I am asking the South Dakota legislature to pass this legislation.

Science continues to reinforce the pro-life cause. It seems that every time we learn something new in developmental science, we discover that babies develop even faster than we previously realized. I am confident that as the science continues to develop, we will find more and more proof that preborn children are just as human as you and me, and they are just as deserving of constitutional protections.

I will continue to fight every day to protect the lives of preborn children. Just like I promised you all, I assigned an Unborn Person Advocate in my office to recommend legislative and policy changes that protect life.

When I gave my State of the State address earlier this year, I invited two families who I have known for years: the Fite family from Platte, South Dakota, and the Duffy family from Wisconsin. Two of their children, Cody Fite and Valentina Duffy, have Down syndrome. Cody and Valentina’s presence in Pierre that day brought a delight to the Capitol that is seldom seen.

We will continue working to pass this and other proposals in the future to protect children like Cody and Valentina. Let’s make South Dakota a symbol of hope, justice, and love for them and so many other children yet to be born.

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AP story interviewing “Republican figures” cites “deep skepticism” about media coverage.

The Associated Press has a somewhat meandering article on-line which cites “deep skepticism” of media coverage at the same time they try to stir up discontent about “Republicans” on either side of the Trump divide.

In reading the article, when they’re interviewing “Republican figures,” they take a jaunt through the distant past.

  • “Longtime South Dakota Republican voter Jim Thompson is ready to leave the GOP, hoping that an exodus of Donald Trump supporters like him will punish the state’s preeminent politician, Sen. John Thune, for defying Trump….”
  • “A private Facebook group called “Primary John Thune in 2022” has attracted over 3,000 members. One of them, Bruce W. Whalen, said Thune’s refusal to support Trump’s claims of fraud has fueled interest….”
    …”Whalen, who in 2006 had enough GOP support to represent the party in a statewide race for Congress…”
  • “In the meantime, some longtime state Republican figures are frustrated with their senator’s hesitation to convict Trump.
    “He deserves to be convicted,” said David Volk, a former state treasurer.”

Read the entire story here.

You know, I like and enjoy former State Rep. Jim Thompson just fine.. but didn’t he leave the party once when he was in the State House back in April 1995 (and started an independent caucus with a couple of the liberal democrats)? Not in office since 1997.

Bruce Whalen was talked into running for Congress in 2006. There was no primary. The reporter characterizing his “enough GOP support to represent the party” was actually “party officials assisting with getting sufficient signatures” so the race had an opponent. Nevermind that Bruce Whalen hasn’t been a Republican official – even at the county level – for a while.

And again, while I’ve always found Dave Volk to be friendly and personable.. he hasn’t held office as a Republican in over 30 years, and he seems to jump the fence and endorse Democrats as much as ‘Republican’ Larry Pressler; (Volk endorsed Billie Sutton in the last Gubernatorial election).

This is not a group of people I’d argue are recognized as “Republican figures” in 2021.

And really, while the article mentioned people wanting to punish Thune, did they actually talk to Thune, or any Thune staff members? Did they chat with any current SDGOP executive board members, or at least any party officials, as opposed to those who last ran 15-30 years ago?

I was informed they spoke with at least one current legislator who gave the reporter a quote for the story (as related to me by the legislator).  But, did it make it to print? No. Not at all.  Instead, it seems they took time machine into the distant past and otherwise cherry picked out what would fit in their notion of an article.

It’s not unlike what happened in the Governor’s press conference this last Friday:

It just seems that it doesn’t fit the narrative the reporters want to portray, or the specific story they want to write, it doesn’t make it to print, or as Governor Noem found, they’ll just write what they want, and ignore what the person they’re writing about actually said.

And some reporters wonder why they find those with a “deep skepticism about the mainstream media coverage?”

Thune: Virtual March for Life Attendees Will Be United in Spirit 

Thune: Virtual March for Life Attendees Will Be United in Spirit 

“We have the truth on our side. The truth that every human being, no matter how old or how young, no matter their race or the color of their skin, no matter their religion or political persuasion, is created in the image and likeness of God and has infinite dignity and worth.”

Click here or on the picture above to watch Thune’s speech.

WASHINGTON — U.S. Sen. John Thune (R-S.D.) today discussed the upcoming virtual March for Life and expressed his gratitude for those who will join in this ‘march’ to stand up for innocent lives. He thanked them for their commitment to the pro-life movement and offered encouragement to continue fighting for justice for the unborn. Thune also discussed his willingness to work with Pete Buttigieg, nominee for Secretary of the Department of Transportation, and expressed his disappointment in Senate Democrats’ alleged attempts to push their liberal agenda in an additional COVID-19 relief package.

Thune Requests Guidance for Producers Applying for Second Paycheck Protection Program Loans

Thune Requests Guidance for Producers Applying for Second Paycheck Protection Program Loans

WASHINGTON — U.S. Sens. John Thune (R-S.D.) and Tammy Baldwin (D-Wis.) today urged the U.S. Department of Treasury and the U.S. Small Business Administration to issue guidance excluding Coronavirus Food Assistance Program (CFAP) payments from farmers’ and ranchers’ 2020 gross receipts for purposes of obtaining a second draw loan through the Paycheck Protection Program (PPP).

“Recognizing the significant market volatility and financial hardships farmers and ranchers across the country faced because of the coronavirus pandemic, last year Congress provided the U.S. Department of Agriculture (USDA) authority and funding to support producers,” the senators wrote. “As a result, USDA established CFAP, which provided critically needed financial assistance to producers to ensure they were able to continue providing our nation with a safe and abundant food supply. Therefore, we respectfully request that you clarify through additional guidance or an FAQ that CFAP payments provided to farmers and ranchers in 2020 do not count toward gross receipts for purposes of demonstrating a 25 percent reduction in revenue in 2020 compared to 2019.

Full text of the letter below:

Dear Secretary Yellen and Acting Administrator Perriello:

Thank you for your efforts thus far to administer the Paycheck Protection Program (PPP) so small businesses can continue to obtain the necessary financial relief as our nation continues to recover from the coronavirus pandemic.  In response to the interim final rules issued on January 8, 2021, we write to bring your attention to how the rules, as written, may affect some of our nation’s producers and their ability to obtain a second draw PPP loan.

As you both know, the interim final rules establish guidance for how businesses, including self-employed farmers and ranchers, can obtain first and second draw PPP loans.  In outlining how businesses must demonstrate a 25 percent reduction in gross receipts in 2020 compared to 2019, the interim final rules state that forgiven first draw PPP loans do not count toward gross receipts.  However, they are silent on whether or not Coronavirus Food Assistance Program (CFAP) payments count towards farmers’ and ranchers’ 2020 gross receipts for purposes of demonstrating a 25 percent reduction in receipts in 2020 compared to 2019.

Recognizing the significant market volatility and financial hardships farmers and ranchers across the country faced because of the coronavirus pandemic, last year Congress provided the U.S. Department of Agriculture (USDA) authority and funding to support producers.  As a result, USDA established CFAP, which provided critically needed financial assistance to producers to ensure they were able to continue providing our nation with a safe and abundant food supply. Therefore, we respectfully request that you clarify through additional guidance or an FAQ that CFAP payments provided to farmers and ranchers in 2020 do not count toward gross receipts for purposes of demonstrating a 25 percent reduction in revenue in 2020 compared to 2019.

Thank you for your attention to this request and for your work to assist small businesses.  We look forward to seeing clarity on this issue to ensure that farmers and ranchers can obtain a second draw PPP loan.

Sincerely,

  

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Rounds Issues Statement on President Biden’s Executive Actions Expanding Obamacare and Attacking Life

Rounds Issues Statement on President Biden’s Executive Actions Expanding Obamacare and Attacking Life

U.S. Senator Mike Rounds (R-S.D.) issued the following statement today on executive actions taken by President Joe Biden to expand Obamacare and allow taxpayer dollars to be spent to fund overseas abortions:

“We’ve spent the last four years fighting to roll back government overreach in private healthcare and protect the sanctity of human life. In the early days of the Biden presidency, we are watching some of our progress be destroyed.

“Obamacare led to higher premiums, fewer options for consumers and caused millions of Americans to lose the health insurance they preferred. We eliminated Obamacare’s individual mandate giving patients better control of their health insurance. Today’s steps to expand Obamacare are steps reversing our progress. They do not move us forward, only backward.

“Additionally, I am deeply disappointed in President Biden’s decision to overturn the Mexico City Policy. This decision will allow federal taxpayer dollars to be spent to fund abortions overseas. This is flat-out wrong – an attack on life anywhere is an attack on life everywhere.

“President Biden has said he wants to be a president for all Americans. But actions speak louder than words. These actions prove that he is only interested in furthering a left-wing agenda.”

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Rep. Phil Jensen doubling down, bringing a second and possibly nuttier anti-vaxxer measure

For a while it seemed it would be a sedate and quiet session, with legislators tending to business.  And in the last couple of days, it seems the crazy stuff is starting to pop up.

Today, we have a second anti-vaxxer measure, solely sponsored by State Representative Phil Jensen:

Nothing in this chapter may be construed to interfere with each person’s inalienable right to bodily integrity. The right to bodily integrity includes being free from any threat or compulsion to accept any medical intervention, including any vaccination.

No person may, as a result of refusing to accept a medical intervention, including any vaccination, be subjected to discrimination or retaliation with respect to association, education, employment, housing, property rights, public accommodations, or public services.

Read it all here.

So.. if I’m reading this correctly, not only would grade schools have to accept people who are not vaccinated against measles and polio.. Phil’s bill would have even farther ranging consequences.

If a person appears to be clearly mentally ill, has no interest in treatment, and insists on living on a sidewalk in from of Phil’s house, or place of business, House Bill 1159 seems to give them a.) the right to refuse treatment, and b.) it appears they can’t be retaliated against for choosing to live on the public sidewalk.

Or, even better, someone clearly high on drugs could cut their wrists, and under Phil’s proposal, refuse medical intervention.. and bleed out. Literally, legalizing suicide.

That’s just great. Because legislators need to spend their time with goofy stuff.

Ugh.