Protecting States’ Rights to Water
By U.S. Sen. Mike Rounds (R-S.D.)

For many South Dakotans, the Missouri River is a constant in our lives. We have driven past it countless times, fished its waters and boated on it with our friends and families. It has also historically been a major water source for state and municipal projects. However, a U.S. Army Corps’ of Engineers proposed rule, estimated to be finalized as early as this fall, would limit states’ rights to the natural flow of water through river systems.

The proposed rule, published during the previous administration, seeks to define the term “surplus water” in the Flood Control Act of 1944. In formulating the proposed rule, the Army Corps failed to take into account natural flows of the river system when defining surplus water. It was the intent of Congress to recognize and reaffirm the constitutionally protected rights of states to the natural flow of water through river systems like the Missouri. The proposed rule is an attack on states’ rights and states’ ability to access these natural flows.

Earlier this year, South Dakota’s Game, Fish and Parks Department requested access to a small quantity of water from the Missouri River to construct a parking lot on government property adjacent to a reservoir. The Army Corps denied the request on the basis that the “surplus water” rule hadn’t been finalized. The Army Corps is blocking states from legitimate usage of the water.

As chairman of the Environment and Public Works (EPW) Subcommittee on Superfund, Waste Management and Regulatory Oversight, I have held numerous hearings to review the Army Corps’ management of the Missouri River. We recently held a hearing to focus on the problems with the “surplus water” rule. Secretary Steven Pirner of the South Dakota Department of Environment and Natural Resources testified at the hearing. Of the proposed rule, he said, “this new definition of surplus water creates a monumental change to the law and steals South Dakota’s rights to natural flows that, by tradition and law, are under the jurisdiction of the states.”

In South Dakota, we live with a permanent flood as thousands of acres of productive farmland have been inundated to create the mainstem dams of the Missouri River. Recently, I was joined in a letter to President Trump by Governor Daugaard, Senator Thune and Representative Noem in which we stated that 500,000 acres of our most fertile river bottomlands were permanently flooded as the reservoirs filled following construction of these dams. Our citizens and tribal members were forced from their homes and communities.

We don’t doubt the benefits of multi-use Army Corps projects, but they need to be taken into the proper historical context. In taking such an expansive view of what constitutes surplus water, and thus what is subject to federal control, the Army Corps clearly does not recognize the constitutionally protected rights of the states to the natural flows of the river system.

Rather, the Army Corps is attempting to produce a system in which legitimate municipal and industrial projects cannot gain access to the water passing through the states by refusing to grant easements to gain access to these water resources.

I have been working directly with EPW Chairman John Barrasso (R-Wyo.) to secure a verbal commitment toward addressing the “surplus water” rule through legislative action. We’ll also continue working to make sure the Army Corps modifies its rulemaking process to consider the roles and rights of states.

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Strengthening Tribes
By Rep. Kristi Noem

Much of South Dakota’s history is rooted in Indian Country, but sadly, many of the systems designed to help tribal members are failing. From healthcare to education to housing, those who live on reservations are struggling.

In recent years, much of the attention has focused on the failing Indian Health System (IHS). Federal watchdog reports have repeatedly documented shocking cases of mismanagement and poorly delivered care. Babies were born on bathroom floors with no doctor present. Facilities were forced to wash surgical equipment by hand, due to broken sterilization machines. Medical personnel were coming to work with certifications that had lapsed. It is inhumane to provide this kind of “care.”

I recognize recruiting quality medical and administrative staff is an issue at many IHS facilities, which are often located in extremely remote areas, but I’m confident these challenges can be overcome. I have introduced legislation, for instance, to expand the IHS’ existing student loan repayment program in order to attract more and better personnel. It would also cut the red tape that impedes professionals from volunteering at IHS hospitals and clinics and allow administrators to more easily hire good employees and fire bad employees. Moreover, the legislation increases transparency by ensuring reports and plans are completed in a timely manner, enhancing congressional oversight, and expanding whistleblower protections.

The bill is one of the most comprehensive IHS reform packages to move through Congress in recent years. It was approved by a key House committee in mid-June, and I’m hopeful we can see it advance through the legislative process in the months to come.

Health care, however, is just one of the challenges faced by tribes in South Dakota. Housing continues to be an issue for many. Earlier this year, Sen. Thune, Sen. Rounds, and I put pressure on the Department of Agriculture to expand home ownership opportunities in these areas. This May, Agriculture Secretary Sonny Perdue responded by announcing a new pilot program on tribal lands to assist low-income families in their journey toward home ownership. I am hopeful South Dakota families will be able to take advantage of the program soon.

While housing and healthcare provide security, education offers opportunity. Recruiting and retaining good teachers, however, has proven difficult. As such, I’ve introduced legislation in the House to help ease certain financial burdens on tribal schools. I’m optimistic the changes, if enacted, will help communities retain teachers with enhanced employee benefits while also preserving more resources for the classroom.

The Native American people enrich South Dakota’s culture and play an important role in the American story, but many are struggling. Whether it’s health care, education, or housing, I’m committed to fulfilling America’s treaty obligations and expanding opportunities within tribal communities.

South Dakota’s Strong Foundation
A column by Gov. Dennis Daugaard:

This month marks the 110^th anniversary of the laying of the State Capitol cornerstone. The four-foot by four-foot Ortonville granite cube, which features an engraving of the State Seal on the south side, cost $475 and was laid in a Masonic ceremony on June 25, 1908, two years before workmen completed the building.

The cornerstone was dedicated by Gov. Coe Crawford and General William Henry Harrison Beadle, known as the “Savior of the School Lands” for establishing the permanent school fund in South Dakota and several other states.

In his speech during the ceremony Gov. Crawford noted, in part, that the Capitol “will stand throughout the coming years as an expression of beauty and art, and as the people come and go and linger within its walls, they will see in it an expression of the soul of the state.”

In addition to serving as the Capitol’s structural base, the cornerstone is a time capsule, containing coins, building schematics, a Bible, photographs, newspapers, and a variety of papers, and speeches. When installed, it established a strong foundation for the capitol building.

Or did it?

Cornerstones are often the symbolic anchors of large buildings, but most offer just a glimpse of the strong support mechanism underneath. In the case of the State Capitol, the cornerstone rests upon a broad rampart of brick and ordinary fieldstones, hauled to the worksite from the fields and pastures of central South Dakota.

Sometimes we see our elected officials as the cornerstone of state government, but this is only symbolic strength. South Dakota’s true foundation is its citizens.

Earlier this month, we went to the polls and voted on individuals to stand for election this fall as our representatives on the school board, county commission, in city government, the legislature, Congress, and as our next governor.

The right to vote is the cornerstone of democracy and our elected leaders serve as only the public face of a vast interlocking support network, working together to shore up our state. It’s the people who form the strong foundation of our government, our state, and our society.

In many ways, our beautiful Capitol building does serve as an “expression of the soul of the state.” If you stop by the Capitol in Pierre, take a moment to visit the cornerstone in the building’s southwest corner, and remember the strong foundation that lies beneath.

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I’ve been watching a facebook squabble over the past couple of days, as State Senator Stace Nelson has been attacking Dr. Tamera Enalls for taking issue with the false postcards sent out by the National Association of Gun Rights in her race, as well as attacking a commenter over at Dakota Posts:

That’s just been over the past few days.

When I went to see if there was anything more to it, I caught this post this AM, with Nelson attacking people yet again on social media, including Senator Mike Rounds and Jason Glodt, whom Nelson has obtained legislative housing from on and off during his legislative tenure.

Nelson attacking Rounds after the trouncing Rounds gave him at the ballot box in the US Senate Race where Nelson came in a distant third to Rounds has gone on for the past 4 years, and comes after a campaign where he declared “Hell No” when asked if he’d support the Republican Nominee, and has demonstrated bad sportsmanship ever since.

The environment Nelson has created with his constant attacks on Republicans he disagrees with is now bringing forth commentary such as you see above:

This person is literally wishing for Rounds’ untimely demise. I think that’s literally one of the most inhuman things I’ve ever seen that passes as commentary in a South Dakota political discussion.  But, that kind of thing is not an unforeseen result of the negative on-line environment that Senator Nelson has fostered through constant on-line attacks and name-calling.

Towards the tail-end of the 2018 Legislative session, the Joint Committee on Legislative Procedure met and passed a rule that one might consider in Nelson’s constant attacks with those he disagrees with:

1B-3. Professional conduct and civility. The South Dakota Legislature will strengthen and sustain an atmosphere of professional conduct and civility among its members and with all staff and will not tolerate harassment or offensive behavior based on race, color, religion, national origin, gender, age, or disability. Harassing or offensive behavior may include the use of electronic communications through social media or otherwise, whether actual or attempted. Legislators must refrain from any and all such harassment or offensive conduct. This prohibition against harassment also encompasses sexual harassment including unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexually harassing nature, when: (1) submission to the harassment is made either explicitly or implicitly a term or condition of employment or other employment determinations, or (2) the harassment has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive working environment.

Read that here.

The question is really at what point are legislative leaders going to decide the line has been crossed for decorum and conduct by a sitting legislator.  It’s really up to them to determine whether the level of abuse a legislator is heaping on the public via social media crosses a line.

But you can’t help but wonder if that line hasn’t already been crossed.

Gov. Daugaard Orders State Capitol Flags At Half-Staff For Former Rep. Albert Kocer

PIERRE, S.D. – Gov. Dennis Daugaard is ordering flags to fly half-staff at the State Capitol on Monday, June 25, to honor the life of former state Rep. Albert Kocer.

Kocer, of Wagner, represented his district in the South Dakota House of Representatives from 1977 to 1994.

Kocer was 87 years old and passed away on Tuesday, June 12. His funeral mass will be held on June 25 at St. John’s Catholic Church in Wagner.

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Also in my mailbox today was a mailer from the Jason Ravnsborg for Attorney General campaign, rounding up a number of the endorsements he’s received:

Jason for South Dakota – Mailer by Pat Powers on Scribd

From my mailbox, Lance Russell has sent out another 2 mailers today, but this one is more attention grabbing:

 

There’s word this afternoon that South Dakota Democrats have possibly abandoned thoughts of running a candidate for Secretary of State, after exhausting the people they could scare up to be sacrificial lambs for 2018 on other statewide contests.

…..

Nope. They reconvened, and put one of the other candidates’ spouses in.

Randy Seiler is announced the Democratic Party’s nominee for AG

— Dana Ferguson (@bydanaferguson) June 15, 2018

Public Utilities Commissioner Kristie Fiegen is in Delegate mailboxes today with a card inviting people to her Hospitality suite at the GOP Convention next week.

 

The GOP Convention is next week – Best Political Party in South Dakota!