The Water Quality Protection Act

By Senator Mike Rounds

May 1, 2015

In 2014, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers proposed a rule to expand the definition of ‘waters of the U.S.’ This power grab would dramatically expand the federal government’s jurisdiction under the Clean Air Act, beyond what the Act intended. The proposed rule, commonly known as WOTUS, has the potential to be one of the most burdensome and overreaching regulations in history for South Dakota’s farmers and ranchers by requiring onerous and unnecessary new permits.

I’ve heard from a number of South Dakota farmers and ranchers, who continue to tell me the WOTUS rule would bog down productivity. Our Ag producers should be focused on growing crops and caring for their herds, not wasting time filling out paperwork or waiting around to get a permit to spray weeds in their ditches.  In the Senate, I recently joined my colleagues in a bipartisan effort to prevent WOTUS from taking effect.

Our bill, the Federal Water Quality Protection Act, would protect traditional, navigable waters as well as the livelihood of farmers and ranchers by requiring EPA and the Army Corps to completely abandon their current WOTUS rule. Instead, it directs the administration to go back to the drawing board, following principles and procedures we set forth in our bill.

We clarify that the definition of ‘waters of the U.S.’ does not include things such as groundwater, sheet flow, agricultural water and temporary ponds formed from rainwater, floodwater and wastewater because they do not have a connection to navigable waters. We also recommend grandfathering systems that may have been created by converting a stream into a water management system before the Clean Water Act was enacted. These commonsense ideas help set clear limits on the federal regulation of water. 

Farmers and ranchers know their land better than anyone. Often times, it is handed down for generations. They make their living from the land, and have a vested interest in preserving and protecting it for their children and grandchildren. As such, they are inherently good stewards of the land. They deserve a voice in any rule that would dramatically affect the way their property is regulated and managed by the federal government. Our bill would also require EPA and the Army Corps to work with the Ag community and state and local governments when determining which water features should be under federal jurisdiction and which should be left to local governments. 

Freeing Americans from burdensome regulations such as WOTUS has been a priority of mine since taking office. Our Federal Water Quality Protection Act would stop this unnecessary, burdensome and intrusive rule from getting in the way of our farmers and ranchers. It is another step toward reducing regulatory burden being handed down by unelected bureaucrats in Washington. I look forward to continuing to work with my colleagues in the Senate to get this bill to the President’s desk before a final rule is published. 

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Building On Early Successes

By Rep. Kristi Noem

May 1, 2015

It’s hard to believe we’ve already passed the 100 day mark of this Congress. The new Senate Republican majority has provided us a valuable opportunity to work together to get the country on the right track, and my assignment to the Ways & Means Committee has put me in prime position to help South Dakota.

The goal of the new Republican majority in Congress has been to work across the aisle to move common sense measures that increase freedom, promote opportunity, and make our government accountable. To that end, we’ve made solid progress so far this year.

In the House, we’ve passed a budget which balances without any new tax increases. While our budget cuts spending, we continue to focus on areas where the federal government has legitimate responsibility, like defense. In areas where control rightfully belongs in the hands of states or local communities, we introduce new limits on the federal government and even repeal programs it has no business managing. Rather than increasing your taxes, this budget begins to lay the groundwork for a fairer and simpler tax code that could lower your annual tax bill.

We’ve also passed bipartisan legislation that’s been signed into law that protects and strengthens Medicare by stopping dramatic cuts to doctors who care for Medicare patients.  This so-called “Medicare doc fix” also contained reforms that save taxpayers money and put our nation’s budget on a more secure footing. I am proud that this law also extends the Children’s Health Insurance Program, which serves more than 8 million children and expecting mothers, giving new parents the certainty they need to plan their family budgets and doctor visits in advance.

The House has also taken steps to protect the most vulnerable among us. The bipartisan Human Trafficking Prevention, Intervention, and Recovery Act, a bill I first introduced last year, was passed by the House. This bill will give caregivers, state law enforcement officers, and others the tools they need to prevent trafficking in our communities.  The Senate has recently also passed this bill and I’m hopeful we will be able to get it signed into law soon. 

Additionally, we’ve taken action to improve the lives of our nation’s veterans by passing the Clay Hunt Suicide Prevention Act. It provides resources to those who stood up to serve and defend our country. I am glad to report this legislation was signed into law. Additionally, the House passed the Hire More Heroes Act, which aims to provide more economic opportunity for veterans by exempting them from Obamacare’s employer mandate.

We’ve also seized the unprecedented opportunity we have – due to the recent North American energy revolution – to break our reliance on overseas oil, which has for so long left us vulnerable.  One of the first items of business this year was passing and sending to the president’s desk the Keystone XL Pipeline Approval Act. The president unfortunately vetoed this legislation, though we are not giving up on the effort to get this common sense pipeline approved. 

Simplification of the tax code is another area where there is overwhelming bipartisan agreement. Farmers, ranchers and small business owners in South Dakota are often disproportionately impacted by bad tax policy. I am proud that the House passed a repeal of the death tax, as I have experienced firsthand how this can affect a farm or business when a family is hurting most. 

As a lifelong farmer and rancher, I also understand the importance of reasonable deduction levels for new equipment and have heard repeatedly from producers and business owners across the state who are looking for more certainty with how the federal tax code treats these types of investments. In response, earlier this year the House passed legislation that would permanently increase what is known as Section 179 expensing to provide more certainty for our agriculture producers and small businesses.   

Hardworking taxpayers deserve a more efficient, effective, and accountable federal government. We have made some progress so far this year in delivering this goal but there is much that remains to be done. As your voice in the U.S. House, you have my word that I will work hard on your behalf to build on these early accomplishments and continue promoting common sense solutions to the challenges our country faces.  

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“Sorry for the light posting,” as I wind my way back to South Dakota.

This was originally going to be a busy weekend writing on the SDCR convention featuring Michelle Maklin. Plus the Avengers movie and Free Comic Book Day for the kids.

Instead, I was in Arkansas cleaning out my in-laws house, and helping my wife de-clutter for the Realtor, and somewhat prepare it for a personal property sale.  Granted, I’m coming out of it with a truckload of “stuff,” but I suspect it’s going to be taking more of my summer.

Plus, I have three cats to find homes for.

Noem Succeeds in Making Additional Resources Available to Lewis & Clark Project in House-Passed Bill

Washington, D.C. – U.S. Congresswoman Kristi Noem today announced she has successfully led an effort to make additional resources available for rural water projects in the Fiscal Year 2016 Energy and Water appropriations bill without increasing total spending in the bill. The legislation, which passed the House today, would allocate a total of $28.75 million to a rural water project fund that the Lewis and Clark Regional Water System is eligible to draw from. Total funding in the Energy and Water appropriations bill as brought to the floor for debate was $633 million below the president’s funding request.

“It is imperative that the federal government meets the promises it has made to rural areas while still protecting hardworking taxpayers, and this bill helps accomplish that,” said Rep. Noem. “Our local communities have put in more than their share of the funding for Lewis and Clark, but the federal government has not kept its commitment. By not living up to its end of the deal, the federal government is costing taxpayers more money in the long run due to inflation and inaction on projects like Lewis & Clark. The bill passed today includes funding for a rural water account I previously was able to create which could help fund Lewis & Clark at a higher level than the president requested while also not increasing the bill’s overall spending.”

Troy Larson, executive director of the Lewis and Clark Regional Water System said, “It is terribly frustrating that the administration refuses to make rural water construction a priority in its annual budget. Thankfully the House today added another $28.75 million to the Bureau of Reclamation’s Rural Water Program, bringing the proposed total for the FY16 Budget to $47.3 million and matching last year’s total. We still have a long way to go to get overall funding for rural water construction to where it needs to be, but this is a huge improvement over the President’s proposal. We cannot thank Congresswoman Noem and the rest of the tri-state congressional delegation enough for once again going to bat for this critically needed water project. We greatly appreciate the strong support and leadership that she and the rest of the delegation continue to provide.”

The Fiscal Year 2016 Energy and Water appropriations bill specifically allocates $2.774 million in support of the Lewis and Clark project. Additionally, Rep. Noem led an effort with eight other Members to increase overall rural water funding, making an additional $28.75 million available to projects like Lewis and Clark. This brings overall funding for rural water projects to a level equal to what they received last year.

The rural water projects fund was originally created in 2013 as the result of an amendment offered by Rep. Noem to the FY2014 Energy and Water appropriations bill. Lewis and Clark received $5.2 million from that account in addition to the funding specifically allocated to the project in the bill. Rep Noem again offered an amendment in 2014 to the FY2015 Energy and Water appropriations bill, which resulted in an additional $31 million for rural water. Lewis and Clark received $6.6 million from that account in addition to the funding they were originally allocated for the project.
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Noem Effort to Bar VA from Ending Services at Facilities Like the Hot Springs VA Hospital Passes House

Washington, D.C. – The U.S. House of Representatives tonight passed legislation that included a provision authored by Rep. Kristi Noem that would prevent the Department of Veterans Affairs (VA) from ending or limiting hospital-based services at facilities like the Hot Springs VA Hospital.

Specifically, the amendment would bar the VA from ending, suspending, or relocating hospital-based services at a health care facility that is undergoing an Environmental Impact Statement, is designated as a National Historic Landmark, and is located in a highly rural area. The Hot Springs VA facility meets all of those criteria.

“There is a reason Hot Springs is called ‘The Veterans Town’ and I’m not going to stop fighting on their behalf,” said Noem. “The VA Hospital in Hot Springs has long provided critical care to South Dakota veterans. My amendment which was approved in the VA appropriations bill is pretty simple: it would prohibit the VA from spending money to shut down or limit services for rural veterans, including those who are treated in Hot Springs.”
Noem’s amendment was approved as part of the FY 2016 Military Construction and Veterans Affairs appropriations bill, which passed overwhelmingly by a vote of 255-163.
Noem has been fighting for years to save the Hot Springs VA hospital from closure. Last summer she brought House Veterans Affairs Chairman Jeff Miller to Hot Springs to hold a field hearing which helped highlight discrepancies in data that has been used by the VA as they have worked on their proposal to close the hospital. Earlier this year, Noem joined Sens. John Thune and Mike Rounds in urging the VA secretary to remove plans to close the Hot Springs hospital from President Obama’s budget request.
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