Committee recommends keeping Harney Peak name
State Board on Geographic Names votes 4-1 to recommend keeping name of Harney Peak.
— Bob Mercer (@pierremercer) June 29, 2015
Attorney General Jackley Joins Western State Attorneys General to Challenge EPA on Waters of the United States
Attorney General Jackley Joins Western State Attorneys General to Challenge EPA on Waters of the United States
PIERRE – Attorney General Marty Jackley joined with Attorneys General from twelve other states in filing a lawsuit against the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) over the EPA’s new rule defining “Waters of the United States” under the Clean Water Act. The case was filed in the United States District Court for the District of North Dakota. Approximately 35 States have filed comments in opposition and several other State Attorneys General are similarly filing lawsuits.
“The EPA is overstepping its Congressional authority and seizing rights specifically reserved to the States,” Jackley said. “The EPA is creating uncertainty for our agriculture and business community that needs to have fairness and a degree of common sense in federal regulation.”
In their Complaint, the states contend the new definition of “Waters of the United States” (WOTUS) violates provisions of the Clean Water Act (CWA), the National Environmental Policy Act (NEPA), and the United States Constitution.
The States assert that the EPA’s new rule inappropriately broadens federal authority by placing a majority of water and land resources management in the hands of the federal government. Congress and the courts have repeatedly affirmed the States have primary responsibility for the protection of intrastate waters and land management. The States argue that the burdens created by the new EPA requirements on waters and lands are harmful to the States and will negatively affect agriculture economic development.
The new rule greatly expands and brings numerous isolated bodies of water under the jurisdiction of the EPA and Corps with the result that landowners will have to seek additional federal permits or face substantial fines and federal criminal enforcement actions.
The States are seeking to have the rule vacated and the EPA and Corps enjoined from enforcing the new definition of WOTUS.
Participating in the filing are the attorneys general from the states of: Alaska, Arkansas, Arizona, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota, and Wyoming.
Thune, Rounds & Noem note – USDA to Pautre Fire Victims: We’re Not Responsible
USDA to Pautre Fire Victims: We’re Not Responsible
USDA Fails to Acknowledge Negligence and Pay for Damages Resulting From Pautre Fire
WASHINGTON, D.C.– U.S. Sens. John Thune (R-S.D.) and Mike Rounds (R-S.D.) and U.S. Rep. Kristi Noem (R-S.D.) today expressed their frustration with the U.S. Department of Agriculture (USDA), Forest Service (FS), and Office of General Counsel’s (OGC) refusal to determine that FS employees were negligent when they started a prescribed burn in April 2013, which due to extremely dry and windy conditions, burned out of control. The devastating Pautre fire consumed 16,000 acres of standing grass on public and private pasture land and damaged or destroyed fences, bales of forage, buildings, and trees.
As a result of USDA’s refusal to determine negligence, all Pautre fire claims will be denied by FS. However, claimants may file suit against the federal government in U.S. district court within six months of the date they received their determination letters.
“I’m disappointed that the USDA has refused to acknowledge negligence and accept responsibility for the out-of-control Pautre fire that had such a devastating impact on property in northern South Dakota,” said Thune. “USDA’s denial leaves many South Dakota farmers and ranchers – who have already waited more than two years for a USDA decision – with the inability to have their claims resolved any time soon. We must prevent situations like these from occurring in the future, which is why I’ve introduced the Prescribed Burn Approval Act of 2015 that would require a federal agency to timely pay for losses that result from an out-of-control fire that it starts.”
“The impact of the Pautre fire will be felt by South Dakotans for many years to come,” said Rounds. “I 
am surprised that the U.S. Department of Agriculture, Forest Service, and Office of General Counsel have denied responsibility and relief to the South Dakota farmers and ranchers affected by the fire. It is my hope that South Dakotans will still be able to recover their losses through other legal avenues available to them.”
“I have been disappointed by the federal government’s snail-paced decision-making process over the last 26 months, but the USDA’s refusal to take responsibility for the Pautre Fire damages is unbelievable,” said Noem. “Whether the USDA admits it or not, South Dakota farmers and ranchers lost thousands of dollars’ worth of fences, buildings, bales, tree rows, and more as a result of the federal government’s actions. We must make sure disasters like this 
are prevented in the future, but that is going to require the federal government to admit to and reconcile previous mistakes.”
Earlier this month, the delegation wrote to Agriculture Secretary Tom Vilsack urging the USDA, FS, and OGC to determine negligence and accept responsibility for the fire so victims’ claims could be processed.
The Federal Tort Claims Act (FTCA) provides claimants two years from the date of an incident to submit claims against the government. The FTCA generally holds the federal government liable when federal employees commit acts of negligence in the course of their employment.
Thune’s legislation, which was introduced earlier this year, is designed to help prevent reckless prescribed burns, similar to the Pautre and Cold Brook fires. The legislation would require appropriate collaboration between federal and local officials before initiating a prescribed burn on federal lands when fire danger is high.
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Everybody Hurts. Colorado’s Experience with Medical Pot.
This morning I’m reading an interesting report on the impact of the legalization of pot in Colorado, and some of the negatives that the South Dakota pro-pot legalization forces don’t really care to discuss in their pursuit of medical marijuana in the state as they ease us towards full legalization. Did I say some of the negatives? Reading the review of the report from the Rocky Mountain High Intensity Drug Trafficking Area group, I’m not seeing a lot of positives.
But this isn’t about the overall report. This is about how in Colorado, it seems that there’s a high incidence of pain inflicting the residents of the state.
In the same breath as she calls the AG and police chiefs ignorant, Melissa Mentele, sponsor of the pot legalization measure, promotes her cause with such platitudes as “Our smallest and most vulnerable residents need this medicine… Help us #stoptheseizures.”
But the reality is that once it became available in Colorado, using pot for seizures became less than secondary:
Out of 115,467 Colorado residents with medical pot cards, roughly 2% are claiming a need to use it for seizures. And 107,384 claim to need it because of “severe pain.”
Basically, to get their Pot cards, just like the R.E.M. song, Everybody Hurts.
While we’re far fewer in population in South Dakota, I suspect there would be a corresponding proportion of people “reporting pain” in South Dakota to get their pot smoking card.
I’ll have more fun facts to come as I peruse the report for more on the Colorado experience – Such as where they rank on child pot use as a result of their “grand experiment.” (They’re #3 while we’re #46)…
And how many pot labs have blown up recently for the ‘miracle drug’ that they want to bring to a South Dakota neighborhood near you:
Board to make final call on Harney Peak renaming today
After an earlier bout of political correctness, the Board of Geographic Names is making the final decision on renaming Harney Peak today according to KELOLAND:
The South Dakota Board on Geographic Names is making its final recommendation on a proposed name change for Harney Peak in the Black Hills National Forest.
The board is expected to make its final recommendation on Monday at a meeting in Pierre at 1:30 p.m.
The board made a preliminary recommendation in May to change the name to name “Hinhan Kaga.” It’s believed that the phrase translates to “Making of Owls” in English.
Anyone taking bets after the outrage over their preliminary recommendation?
Why do I think Marty Jackley is getting tired of people invoking his name?
I might find the subject matter slightly humorous, but somehow I think Marty is to the point of wishing people would leave him out of it.
Apparently the nut jobs from Georgia or Florida or wherever they are from are now demanding that Marty Jackley prosecute people for felonies that may not actually exist.
It might be creepy but I’m not exactly sure that it’s a felony.
July 1 can’t get here soon enough.
US Senator John Thune’s Weekly Column: Celebrating the Red, White, and Blue
Celebrating the Red, White, and Blue
By Senator John Thune
Fourth of July is right around the corner, and as South Dakotans fire up their backyard barbecues or embark on family vacations to celebrate this summer, it’s important to take a moment to reflect on the true importance of Independence Day.
Nearly 240 years ago, our Founding Fathers took a bold stand for freedom by declaring independence from Great Britain. It hasn’t always been a smooth road, but through the bravery and sacrifice of one great generation after another, America has remained a strong beacon of hope and opportunity for people around the globe.
From our nation’s heroes who fight hard for the red, white, and blue, to the farmers and ranchers who start their day long before the sun even rises, America’s collective strength is borne out of hard work, unity, and love of country.
Today the Fourth of July means many things to many people. It’s an opportunity for cities and towns to come together for picnics and parades. It’s a time for friends and families to share old stories and create new memories. Most importantly, it’s a chance to celebrate all of the blessings and opportunities that come with being an American.
This holiday has a special meaning for me and my family because my dad, Harold, a member of the Greatest Generation, sacrificed an unbelievable amount for his country and his family. He was one of many young men who served on the USS Intrepid during World War II. Just a few months ago, I was fortunate enough to visit the Intrepid and walk through the same halls that my dad did so many years ago, under much different conditions.
Whether your family is traveling or spending time at home this year, I hope you enjoy a safe, fun, memory-filled week. Happy Fourth of July, and remember that our freedom is not free.
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US Senator Mike Rounds’ Weekly Column: King v. Burwell Ruling Doesn’t Change the Fact that the ACA is Fatally Flawed
King v. Burwell Ruling Doesn’t Change the Fact that the ACA is Fatally Flawed
By Senator Mike Rounds
June 26, 2015
On June 25, 2015, the Supreme Court of the United States ruled that the Affordable Care Act’s (ACA) federal subsidies are legal. Ruling in the case of King v. Burwell in a 6-3 vote, the Court sided with the administration finding the subsidies 6.4 million people currently receive do not depend on where they live, under the president’s health care law. With this ruling, the administration has dodged another bullet. The Supreme Court once again interpreted the law in a way that favors the administration. We continue to be stuck with the ACA’s ever rising health insurance costs and the damage it is doing to our economy. This is the second major case in which the Supreme Court has ruled in favor of the ACA, underscoring the need to elect a Republican president in 2016 in order to repeal and replace this fatally flawed law.
From increased insurance costs to website malfunctions and canceled coverage for millions, the ACA has hurt our economy and millions of American families. At least 4.7 million Americans lost the health care plans they enjoyed, and the nonpartisan Congressional Budget Office says that the law will reduce employment by 2.5 million in the next decade. This is in part because the ACA is not designed to incentivize growth. Employers are reluctant to expand and hire more employees because they could be subject to more costly mandates under the law. Lower income individuals are likely to stay in their income brackets to keep their health benefits instead of going for a promotion at work. These are only a couple examples of how the ACA discourages economic growth.
In South Dakota, there have been 18 ACA-compliant plans requesting double-digit premium rate increases in 2016. One insurance company in South Dakota is proposing premium increases of 43 percent. Part of the reason for the rate increases are the new “one-size-fits-all” requirements forcing plans to cover unneeded benefits. One mother of three, who lives in Northeast South Dakota recently wrote to me after being notified that her out-of-pocket health insurance cost for herself and her children was increasing from $450 a month to more than $1,700. She spent hours exhausting all her options for obtaining new insurance, sifting through healthcare.gov; yet she got nowhere under Obamacare. Her children are now faced with completely losing their health insurance at the end of the month. This is just one more example of the law failing American families.
Americans deserve a health care solution that is patient-centered, effective and accountable with a strong, vibrant marketplace to provide this freedom and choice. The ACA fails to achieve any of these goals. It also removes choice and innovation from the market, which is the most powerful tool to lower costs and better address everyone’s unique healthcare needs.
Republicans in Congress will not be deterred by the Court’s decision. South Dakotans deserve better. I will continue to work with my colleagues in the Senate to repeal and replace this flawed, government-run health care plan. Our goal is to secure, affordable services in a competitive market for all Americans.
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Congresswoman Kristi Noem’s Weekly Column: This Independence Day
This Independence Day
By Rep. Kristi Noem
June 26, 2015
How different the fourth of July must have been in 1776. Today, it’s a loud celebration with fireworks, parades, and excitement. But I imagine a much quieter and reflective tone in 1776. Yes, John Adams had written that in the future our independence “ought to be commemorated … with shows, games, guns, bells, bonfires, and illuminations, from one end of this continent to the other.” But we still had a war to win against the British. And for the next seven years, we battled to secure our independence and protect our rights, among them “Life, Liberty, and the pursuit of Happiness.”
There have been so many times over the last few years that I’ve seen these liberties once again tested and strained by an intrusive federal government. The President’s health care law, for instance, took control away from families and put our healthcare options – and our wallets – into the hands of bureaucrats. The Environmental Protection Agency repeatedly seeks out new regulations that threaten to increase our electricity bills or erode our property rights, as a new “Waters of the U.S.” rule could do. The government is telling our schools what ought to be put on lunch trays and targeting certain groups that speak out against an even bigger federal government. It has to stop.
My focus each and every day is to reverse this trend and to make sure you’re in control. We’ve made some progress, although we still have a long way to go. When the Department of Labor tried to ban some kids from doing certain farm work on their relative’s or neighbor’s farms, I put pressure on them and they withdrew the rule. When OSHA tried to regulate small family farms, we got them to reverse course. When the President’s health care law sought to ration care for seniors, we gutted the finances for the program and continue to fight for its full repeal.
Independence Day is yet another reminder of why we need to keep fighting for a smarter government – a government that opens opportunities for every American and protects our right to life, liberty and the pursuit of happiness. During this year’s Independence Day celebrations, I encourage you to take on our Founding Father’s quieter and reflective tone – if only for a moment. Consider the battle they fought, the declarations of liberty they made, and the journey we have yet to finish.
I am so proud to live in this country – a country where anything can happen because we have the freedom to pursue our American Dream. We each share the responsibility of keeping it that way.
From my family to yours, have a safe and happy Independence Day.
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Governor Dennis Daugaard’s Weekly Column: Those Who Have Carried The Flag
Those Who Have Carried The Flag
A column by Gov. Dennis Daugaard:
At the beginning of the Revolutionary War the individual states were not united by a national government and they lacked a symbol that could unite them. Instead, there were many flags. An attempt to unite the states fighting for independence under a flag that held resemblance to Great Britain’s was not successful. Instead, the Second Continental Congress determined it was time to part with Great Britain’s emblem entirely and establish a new national symbol for a new nation.
One year after the Declaration of Independence was adopted the Second Continental Congress established a national flag. The resolution pronounced that “the flag of the United States be 13 stripes, alternate red and white” and that “the union be 13 stars, white in a blue field, representing a new constellation.”
Decades later, a conflict over slavery and state sovereignty erupted. The North and the South could no longer resolve their differences. Those in the South rejected the flag that had united the country since its origin. Southerners replaced the American flag with their own flags: three successive confederate flags that would set their people apart from the United States.
Although the Civil War nearly tore our nation apart, we eventually emerged as a better and stronger nation. The tenets of the Declaration of Independence – that ALL men are created equal and endowed by their Creator with certain inalienable rights – could finally be realized with the elimination of slavery. And because of the Civil War, Americans began to fly the American flag. It wasn’t until Northerners began displaying flags as a symbol of their allegiance and patriotism that it became commonplace for individuals to fly flags at their own homes.
By the time of World War II, the United States was among the most prosperous and prominent nations of the world. The country had grown and the flag then contained 48 stars. As a world superpower, the United States joined the fight against the Axis Powers and led the Allies to victory.
With the admission of Alaska and Hawaii to the union, our flag became what it is today –a flag with 50 stars. Today our flag represents the American way of life. It is a sign of relief, an emblem of hope and a symbol of freedom. The flag stands for the fight for independence, the triumph over slavery, the crushing of Nazism and the containment of communism.
This Independence Day, I hope you’ll take the opportunity to thank the men and women who have worn the uniform of our United States, united under the flag of our nation. Because of them, and those who went before them, we won our independence, and are free.
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