Senator Cramer’s Weekly Update August 28 - september 3

EPA, USACE Release Revised WOTUS Rule

The Environmental Protection Agency (EPA) and United States Army Corps of Engineers (USACE) once again revised the Waters of the United States (WOTUS) rule following the Sackett v. EPA U.S. Supreme Court ruling. This final rule declines to define the “relatively permanent” standard and subverts the standard notice and comment procedure for rulemaking.

As the Supreme Court noted in its opinion, because of the Clean Water Act’s criminal penalties, there must be sufficient definiteness so ordinary people can understand what conduct is prohibited by law. By not defining what a “relatively permanent” body of water is, providing minimal edits to a significant rulemaking, and cutting public review and input, the EPA is laying a giant land mine for ordinary people to be subject to criminal penalties.

The Supreme Court’s Sackett v. EPA decision was one of the most prescriptive, unambiguous decisions written. It is baffling how the Biden administration could take something so clear and muddy the waters by grasping for authority it does not have. Let it go.

Rather than forcing a rushed rulemaking down the throats of the regulated community, the EPA and Corps should have heeded my calls to withhold from issuing a new WOTUS rule prior to Sackett v. EPA. Because of these irresponsible and misguided actions, Americans are now left with multiple regulatory regimes which will inevitably create more litigation, instability, and regulatory confusion.

Tour, News Conference Highlight Abandoned Keystone XL Pipeline

As Ranking Member of the Environment and Public Works Subcommittee on Transportation and Infrastructure, I participated in an Americans for Prosperity news conference and a guided tour through the "Boneyard," which is located in southwest North Dakota at the site of Gascoyne Mine. It currently houses pipe segments originally intended for the Keystone XL Pipeline project.

The real problem the Keystone XL pipeline highlighted is environmental extremists simply hate oil. They disregarded our number one trading partner, Canada, and the jobs and security North American energy brings.

On his first day in office, President Biden unilaterally revoked the permit for construction of the Keystone XL pipeline. At the time of its closure, the project was under construction and employed more than 1,500 workers. By the end of 2021, it would have provided approximately 11,000 direct high-paying jobs and up to 60,000 indirect and direct jobs. I denounced this Executive Order and introduced the Keystone XL Pipeline Construction and Jobs Preservation Act to reverse his action.

In June of 2021, I also joined Senators Risch and Daines in introducing the Defending Keystone Jobs Act, which required the Department of Labor to submit a report to Congress on the number of jobs lost as a direct or indirect result of the Biden administration’s move to cancel construction of the pipeline. A modified version of the legislation was codified into law as part of the bipartisan Infrastructure Investment and Jobs Act.

This was an early mistake by the President. We could have had 830,000 barrels of oil from our friends in Alberta, but his administration would rather import it from our adversaries in Venezuela. Squandering the abundant, clean resources we have been given is unethical and unjust to the American people who would benefit.

Standing Rock Sioux Tribe Hosts Tour of Reservation Projects

I met with Assistant Secretary of the Army for Civil Works Mike Connor and leadership from the Standing Rock Sioux Tribe to tour and discuss projects in the Cannon Ball District, Long Soldier District, and the Walker Bottom Marina on the Standing Rock Sioux Nation in North and South Dakota.

One of the most incredible opportunities the Standing Rock Sioux Tribe has identified is recreation. The beauty of the Missouri and the rich cultural heritage is ripe for telling a great story. I appreciate their hospitality and vision for economic development.

As the current landlord of much of the riverfront, Assistant Secretary Connor had the opportunity to see the great potential these sites possess and how the Army Corps can be helpful partners. I am glad he accepted my invitation to come to meet with the Tribe, and I look forward to the work ahead of us.

Grand Sky Opens Test Resource Management Center Hangar

It was great to celebrate the grand opening of the Test Resource Management Center (TRMC) Hangar at Grand Sky. TRMC provides robust and flexible testing and evaluation capabilities to develop, acquire, field, and sustain reliable and effective weapons systems to meet current and future needs of the warfighter.

I'd rather be positioned for the future of warfighting than the past. This is the vision for the future and will enable North Dakota and Grand Sky to continue their leadership in our defense ecosystem. North Dakota’s military assets and hard work make events like this possible.

Congratulations to Grand Forks, Grand Sky, and the TRMC team on the next step in a very, very big story that's being told right here in North Dakota. Thank you, as always, to the men and women who serve in uniform here.

Senators Demand Education Department Investigates CCP Influence in American K-12 Schools

I joined several of my Republican Senate colleagues in a letter calling on U.S. Department of Education Secretary Miguel Cardona to investigate Chinese Communist Party (CCP) influence in America’s K-12 educational system.

We expressed concerns over a new report which shows millions of dollars of funding from the CCP have flowed into America’s K-12 classrooms.

The report found that programs vetted and managed by the Government of the People’s Republic of China (PRC) have infiltrated 34 states nationwide, impacting more than 170,000 students across 143 school districts.

The CCP is the greatest threat to America’s security. The CCP’s involvement in the K-12 education system further demonstrates how far the Chinese government is willing go to expand its influence and promote its authoritarian agenda.

Air Force Civic Leaders

I met with Air Force civic leaders in Grand Forks for an update on what is happening at Grand Forks Air Force Base and Grand Sky, as well as how I can support their development at the federal level. We discussed ISR capabilities, infrastructure repairs, and future opportunities.

The Red Pepper

Stopped at the original The Red Pepper location in Grand Forks last week for an Everything Grinder!

Rail Companies Issue Status Reports on Grain Car Backlog

BNSF Railway and Canadian Pacific Railway publicly filed weekly grain backlog status updates as required by the U.S. Surface Transportation Board. A summary of the reporting data specific to North Dakota from the last 10 weeks is below.

USDA Awards $584,000 for Water Distribution and Wastewater Disposal

The U.S. Department of Agriculture (USDA) Rural Development awarded a total of $584,000 to the City of Elgin to replace and repair the water distribution and wastewater collection systems.

USDA approved a loan of $322,000 and a grant of $262,000 through the Water and Waste Disposal Loans and Grants Program, which provides funding for clean and reliable drinking water systems, sanitary sewage disposal, sanitary solid waste disposal, and stormwater drainage to households and businesses in rural communities.

EPA Awards $500,000 to McKenzie County

The U.S. Environmental Protection Agency (EPA) awarded a total of $500,000 to McKenzie County to inventory, characterize, assess, and conduct cleanup planning and community involvement related activities of Brownfields, property which may be contaminated by hazardous substances and pollutants.

McKenzie County has identified three target areas throughout the county to be the primary focus of the assessments: the City of Alexander, City of Arnegard, and City of Watford.

HHS Awards $200,000 for Substance Abuse, Mental Health Services

The U.S. Department of Health and Human Services (HHS) awarded a total of $200,000 to F-M Ambulance Service, Inc., for the recruitment and training of emergency medical services personnel in rural areas with a focus on addressing substance use disorders and co-occurring mental health conditions.