[Congressional Record Volume 165, Number 44 (Tuesday, March 12, 2019)]
[House]
[Pages H2650-H2651]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               EPA'S DECISION ON REDWOOD CITY SALT PONDS

  The SPEAKER pro tempore. The Chair recognizes the gentlewoman from 
California (Ms. Speier) for 5 minutes.
  Ms. SPEIER. Mr. Speaker, I am outraged, but not surprised, that the 
political appointees in the EPA's Washington, D.C., office have decided 
that the Redwood City salt ponds in my district do not include waters 
of the United States under the Clean Water Act.
  This administration has completely hijacked the jurisdictional 
process away from the experts on the ground, putting politics ahead of 
science. No surprise.
  Stunningly, after experts at the EPA's Region 9 had drafted a 
determination in 2016 that came to a completely opposite conclusion, 
the EPA trampled on that evidence-based determination.
  The administration was, no doubt, counting on the fact that the draft 
would not be released to the public. Well, I am not willing to allow 
that to happen.
  Let the Record reflect that, after being designated an EPA special 
case, Region 9 experts conducted an extensive review of the property 
and finally concluded that 1,270 acres within the Redwood City salt 
ponds property are, in fact, waters of the United States for the 
following reasons.
  First, the tidal channels within the property were part of the 
traditionally navigable waters of the San Francisco Bay and were not 
converted to ``fast land'' or ``dry solid upland'' prior to the 
enactment of the Clean Water Act. This is because waters that have been 
severed from tidal influence but are regularly inundated are not fast 
lands.
  Secondly, the salt ponds in their current condition have been shown 
to be navigable in the past and could be used in interstate or foreign 
commerce with reasonable improvements, such as removing levees. In 
fact, large portions of former salt ponds in proximity to the site have 
been restored to tidal marshes.
  Third, the salt ponds are impoundments of water otherwise defined as 
waters of the United States.
  Finally, the salt ponds have significant nexus to the traditionally 
navigable waters of the adjacent San Francisco Bay, providing food and 
habitat to certain species of microorganisms, invertebrates, and birds.
  The most recent EPA determination directly contradicts the findings 
of Region 9 experts, but it is completely in line with this 
administration's record of gutting environmental protections in the 
name of corporate interests.
  I realize that this administration struggles to recognize any body of 
water that is not a murky, scum-filled swamp, but I refuse to let this 
180-degree political flip-flop occur without public disclosure. Believe 
me, the decision by Administrator Wheeler is a flop. That is why I am 
submitting this draft determination in its entirety for the public 
record.

                    Draft Redwood City Salt Ponds JD


                           Executive Summary

       This document constitutes the U.S. Environmental Protection 
     Agency's (EPA) determination of the federal jurisdictional 
     status of the Redwood City Salt Ponds for purposes of the 
     Clean Water Act (CWA). This CWA jurisdictional determination 
     applies to the Redwood City Salt Ponds property (``Redwood 
     City Salt Ponds'' or ``the Property'') depicted in Figure 1. 
     The Property is approximately 1,365 contiguous acres adjacent 
     to Westpoint Slough, a part of San Francisco Bay, located 
     near Seaport Boulevard, Redwood City, San Mateo County, 
     California. Within the boundaries of the subject area, 
     approximately 95 acres of the Property are not ``waters of 
     the United States'' where they are above the High Tide Line 
     on the outer side of the perimeter levees bounding the 
     Property, and above the Ordinary High Water Mark on the levee 
     interiors. These non-jurisdictional areas consist of levees, 
     building pads and other features converted to fast land 
     before passage of the CWA.
       The remaining estimated 1,270 acres within the subject area 
     are ``waters of the United States'' as defined by the CWA, 
     because: (1) the tidal channels within the Redwood City Salt 
     Ponds were part of the traditionally navigable waters of San 
     Francisco Bay, and were not converted to fast land prior to 
     enactment of the CWA; (2) the salt ponds in their current 
     condition have been shown to be navigable in fact, and are 
     susceptible to use in interstate or foreign commerce with 
     reasonable improvements; (3) the salt ponds are impoundments 
     of waters otherwise defined as waters of the United States; 
     and (4) the salt ponds have a significant nexus to the 
     traditionally navigable waters of the adjacent San Francisco 
     Bay.
       Complete text can be found on https://speier.house.gov/
media-center/press-releases)

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