[Congressional Record Volume 157, Number 105 (Thursday, July 14, 2011)]
[Extensions of Remarks]
[Page E1319]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             CLEAN WATER COOPERATIVE FEDERALISM ACT OF 2011

                                 ______
                                 

                               speech of

                             HON. DON YOUNG

                               of alaska

                    in the house of representatives

                        Wednesday, July 13, 2011

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 2018) to 
     amend the Federal Water Pollution Control Act to preserve the 
     authority of each State to make determinations relating to 
     the State's water quality standards, and for other purposes:

  Mr. YOUNG of Alaska. Mr. Chair, I want to thank Chairman Mica and 
Ranking Member Rahall for taking action on the Clean Water Cooperative 
Federalism Act. This bill will restore the balance between the Federal 
Government and the states in the administration of the Clean Water Act.
  This bill contains a provision that is crucial to job creation in my 
state, as well as the entire nation. This bill will limit EPA's ability 
to veto dredge and fill permits issued by the Army Corps of Engineers.
  I had introduced legislation in both the 111th and 112th Congresses, 
and requested hearings, to address the EPA's veto authority over the 
Corps of Engineers when issuing 404 dredge and fill discharge permits. 
I want to thank the Chairman for working with me to accommodate my 
concerns.
  Section 404 of the Clean Water Act gives authority to the Army Corps 
of Engineers to issue permits for discharges of dredged or fill 
material into navigable waters at specified disposal sites.
  Permit applicants must meet requirements that have been established 
by the Corps and the EPA. In turn, the Corps issues these 404 permits 
for activities including construction, mining, farming, and other 
purposes.
  However, the Clean Water Act also gives EPA the authority to overturn 
the Corps decision if the discharge of materials will have an 
unacceptable adverse effect on municipal water supplies, shellfish 
beds, fishery areas, wildlife, and recreation areas. While this 
language may have had good intentions, the EPA can stop a project 
simply by withholding the permit.
  Giving EPA so much authority over construction projects, mining 
activities, and energy production projects has become a problem in 
recent years, especially under the Obama Administration.
  This free-for-all veto authority hands the reigns of our economy over 
to an agency that lacks interest in our economic well being. The EPA is 
not concerned with recovering natural resources and creating jobs for 
the good of the Nation. They are concerned with delaying--and hopefully 
stopping--all new development in Alaska, and in your states as well.
  To illustrate the power of these permits, I simply point to 2 
projects in my state:
  Conoco Phillips' CD-5 Development is the first step that allows our 
Nation access to the National Petroleum Reserve in Alaska, which stands 
to produce 2.7 billion barrels of oil.
  This project has been studied extensively over the last decade and 
measures have been taken to lessen environmental impacts. Due to 
pressure from the EPA, the necessary 404 permit was denied and remains 
in limbo, as the Corps is considering an appeal.
  Finally, I'll leave you with a hard fought success story of the 
Kensington Gold Mine outside of Juneau, Alaska. The operators of the 
mine had to take their fight to the Supreme Court to defend the validly 
issued permit for their tailings facility from challenges by 
environmental extremists.
  This operation employed approximately 300 workers during the 
remaining construction phase, and provides an estimated 370 direct and 
indirect jobs, including many for the local Alaska Native communities.
  This operation will generate an estimated $25 million in direct and 
indirect annual payroll, and will be the second largest private 
employer in Juneau.
  The Kensington Mine is a model project that fully meets economic 
recovery goals of the American public.
  Had the 404 permit never been issued, and had the Supreme Court not 
corrected the wrong of the 9th District, these economic benefits would 
not have been realized.

                          ____________________