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The EPA and U.S. Army Corps of Engineers today announced a long-awaited rule which will restore critical protections for wetlands and headwater streams that provide habitat for fish and wildlife and supply clean drinking water to one in three Americans. The announcement of the final clean water rule, which comes after more than a year of consultation with stakeholders, who generated more than one million comments, will give clarity to regulators as well as hunters and anglers, who have been unsure of the Clean Water Act’s jurisdiction following two Supreme Court decisions and administrative actions.
“This is a historic day that all sportsmen should welcome,” says Whit Fosburgh, president and CEO of the Theodore Roosevelt Conservation Partnership. “Nearly 15 years after legal confusion contributed to the first accelerated loss of waterfowl habitat in decades, we finally have a rule in place that will help stem the tide of wetlands loss and definitively restore water quality protections to trout habitat and salmon spawning waters. We want to commend the administration for making this long-anticipated day a reality.”
The clean water rule will restore protections to 60 percent of America’s stream miles and 20 million acres of wetlands currently at greater risk of being polluted or destroyed because of Clean Water Act confusion. Protecting the health of these waters not only preserves coldwater fisheries and waterfowl habitat, but strengthens the local economies that rely on the 6 million jobs created by our country’s $200-billion outdoor recreation industry annually.
“This rule was crafted through a very thorough process, one in which hundreds of thousands of Americans participated,” says Chris Wood, president and CEO of Trout Unlimited. “A vast majority of Americans support the rule and the protection of our country’s headwater streams, because they understand the need to protect our priceless water resources. And in a time of drought and changing climate, these resources are even more precious.”
Today’s announcement does not expand the Clean Water Act, but rather restores—and in some cases, enhances—critical protections to two major categories of waters: tributaries to waters already covered by the Clean Water Act, and the wetlands, lakes, and other waters located adjacent to, or within the floodplain of, these tributaries. In an important win for wildlife, the final rule also restores protection to some non-adjacent wetlands, which provide breeding grounds for as much as seventy percent of the nation’s duck population.
“By restoring Clean Water Act protections for streams and wetlands, the Army Corps and EPA are taking decisive action that benefits outdoor recreation, public health, and our economy,” says Scott Kovarovics, executive director of the Izaak Walton League of America. “This action is grounded in science and common sense, and it gives a tremendous boost to efforts nationwide to conserve essential water resources and sustain our outdoor heritage.”
“This important final rule provides clarity on protections for the lifeblood of many of our country’s prized fisheries,” says Benjamin Bulis, president of the American Fly Fishing Trade Association. “The health of these headwaters sets the tone for all waters downstream and creates the backbone of our nation’s water resources. If we as a nation fail to protect our headwater streams and wetlands, we could jeopardize the economy of the hunting and fishing industry and put millions of people out of work.”
Over 40 million Americans rely on clean water for hunting and angling. Sportsmen were among the leading advocates for passage of the Clean Water Act in 1972, and that support held throughout the campaign for this much needed rule clarification. In fact, more than 200 sportsmen and conservation groups signed a letter calling for action to restore protections for wetlands and headwater streams.
“The clean water rule is good for our business, which depends on clean, fishable water,” says Dave Perkins, executive vice chairman of the Orvis Company. “Improving the quality of fishing in America translates directly to our bottom line, to the numbers of employees we hire right here in America, and to the health of our brick-and-mortar stores all over the country.”
John Doerr, CEO of Pure Fishing, the world’s largest fishing tackle manufacturer, says, “Our outdoor recreation economy is totally dependent on healthy watersheds for our fishable waters, and the Clean Water Act is the number one protection we have to ensure the future of our industry.”
“My company depends on people enjoying their time recreating outside, especially in or near watersheds,” says Travis Campbell, president and CEO of Far Bank Enterprises and a board member for the Outdoor Industry Association—the group that produced this report on the outdoor recreation economy. “Clarifying which waterways are protected under the Clean Water Act isn’t a nice-to-have, it is a business imperative, with outdoor recreation contributing $80 billion in local, state, and federal taxes. In order to sustain the growth and success of the industry, not to mention the enjoyment of these opportunities for further generations, we need to ensure we are caring for the infrastructure that supports American experiences like fishing, kayaking, and canoeing.”
Despite the release of the final rule today, the protection of America’s waters remains at risk as Congress considers legislation to undermine the rule even after it’s finalized.
“The process worked as it should, with the Army Corps and the Environmental Protection Agency making numerous improvements and clarifications to the rule based on the public comments,” says Collin O’Mara, president and CEO of the National Wildlife Federation. “The final rule balances the urgent need to protect our nation’s essential water resources with landowners’ desire for clarity.”
But there’s more going on in this vast landscape than meets the eye. More than 350 plants and animals, including huge herds of pronghorn and mule deer, call the sagebrush home. The highlight of this menagerie is one iconic and somewhat peculiar bird: the greater sage-grouse.
The folks at the Cornell Lab of Ornithology and PBS have teamed up to produce “The Sagebrush Sea,” a documentary that profiles the greater sage-grouse and the other species that call the sagebrush home.
PBS Nature has posted this full-length documentary online. Check out all 53 minutes of “The Sagebrush Sea” and learn more about one of the greatest conservation challenges of this era.
The TRCP’s scouting report on sportsmen’s issues in Congress
The Senate is in session from Monday through Friday. The House is in session from Tuesday through Thursday.
You might say that it’s rush hour for members of Congress looking to fund the highway bill. Both the House and Senate will be scrambling to find common ground on stopgap funding levels for an extension to the existing highway bill set to expire on May 31. This process will reimburse the Highway Trust Fund, the funding source for most federal transportation projects, but this legislation has also been a critical funding source for federal conservation programs since 1992. It pays for programs vital to the establishment of historic easements, native habitat and wetland mitigation areas, scenic byways, and recreational trails. As such, it is imperative that a long-term funding solution be established in the coming months or, at the very least, that a short-term solution be implemented to ensure that vital conservation programs do not run out of funding.
In the current climate, where smaller pieces of legislation are almost always passed as amendments to larger “must-pass” legislative packages, the highway bill will also present a prime opportunity to lawmakers who need a vehicle for their priorities.
Republicans in the House lobbied for implementing a 7-month funding plan, but quickly realized that the $10 billion needed to do so was unavailable. They will likely acquiesce to Democrats who’d been pushing for a 2-month extension. With Memorial Day recess on the horizon, lawmakers are running out of road.
Water Rule Under Fire
The controversial clean water rule, which would clarify Clean Water Act protections over wetlands and headwater streams, will come under scrutiny this week at two back-to-back Senate hearings. Republicans, who feel the rule is a gross expansion of government and EPA authority, will use these hearings to draw Democrat support for their opposition.
The first hearing, held by the Senate Environment and Public Works Subcommittee on Fisheries, Water, and Wildlife will center on S. 1140, which was introduced by Senators John Barrasso (R-WY) and Joe Connelly (D-IN) and has become the central legislative means of opposing the clean water rule. Details on this hearing can be found here. Details on an oversight hearing on Scientific Advisory Panels and Processes at the EPA can be found here.
Conservationists and sportsmen argue that the rulemaking process conducted by the EPA and U.S. Army Corps of Engineers was thorough and inclusive, and attempts to block a rule that has not been published yet would be premature. More than one million comments were read and considered during the rulemaking process, and the publication of the final rule will not mark the end of the amendment process.
These two hearings come at a sensitive time, with Senate appropriators set to mark up their energy and water spending bill this week. It is likely that the clean water rule will be discussed, if not heatedly debated, during that amendment process. Last year, attempts to force a vote on amendments to the rule disrupted the entire discussion.
A joint hearing will take place on Wednesday as the House Natural Resources Subcommittees on Federal Lands and Water, Power, and Oceans will look at the legislative “sportsmen’s package,” the purpose of which is to enhance hunting, fishing, and target shooting opportunities on federal lands and waters. Details of the package can be found here. Land Tawney, the Executive Director of Backcountry Hunters and Anglers, will be the only witness.
For the past two years, a bipartisan sportsmen’s package failed in the Senate as discussions on the Senate floor were politicized and became focused on gun rights. The measure passed through the House in 2014, however, and this year’s draft bill features the same language.
The hearing is Wednesday. Additional details can be found here.
Sage Grouse in the House
Conservationists will testify on sage-grouse management authority before the House Natural Resources Committee tomorrow. The hearing will examine the methods and practices employed by states to manage greater sage grouse populations. The implications of dwindling sage-grouse populations could have profound impacts on the economies of the Western states if the birds are listed under the Endangered Species Act in September.
Epic collaboration among federal land managers, state agencies, and local stakeholders is resulting in conservation plans to ensure the sustainability of the species. These tactics will likely be a central part of tomorrow’s discussions, as the panel considers delaying the listing decision and/or shifting management responsibility to the states. Discussions will likely deal with concerns that the federal government is less-equipped to protect the species than the state governments.
Among those testifying is Ed Arnett, the Theodore Roosevelt Conservation Partnership’s Senior Scientist, whose unparalleled experience on this issue will undoubtedly aid in the decision-making process.
Details of the hearing can be found here.
This Week in Full:
Tuesday, May 19
House Meeting to set rules on research, fisheries bills (Not announced***)
Environment & Public Works Subcommittee on Fisheries, Water, and Wildlife
Small Business and Entrepreneurship
Appropriations Subcommittee on Energy and Water
Wednesday, May 20
Natural Resources subcommittees on Federal Lands and Water, Power and Oceans
Natural Resources Subcommittee on Oversight and Investigations
Environment and Public Works Subcommittee on Superfund, Waste Management and Regulatory Oversight
Senate Markup of fisheries bills (Not announced***)
Commerce, Science and Transportation
Thursday, May 21
Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining
Usually we’re in it for the meat, not the trophies, but the staff here at the Theodore Roosevelt Conservation Partnership is really proud to announce that we received a four-star rating from Charity Navigator for the second year in a row! That’s the highest possible rating from the nation’s largest independent charity evaluator, and this two-time recognition for our financial health, accountability, and transparency puts the TRCP in the top 19 percent of organizations rated.
In case you were curious, here’s a look at how we spent our budget last year, and even more information can be found in our annual report, where we also detail our conservation policy successes from 2014.
In a letter, John P. Dugan, founder and chairman of Charity Navigator, says, “This ‘exceptional’ designation differentiates Theodore Roosevelt Conservation Partnership from its peers and demonstrates to the public it is worthy of their trust.”
We think trust is a huge factor in our ability to bring together partners, build coalitions, and champion bipartisan progress towards protecting sportsmen’s access, investing in conservation, and guaranteeing Americans our unique sporting heritage, which is reliant on the vitality of the outdoors. That’s why, while accolades are nice, we’ll keep working to protect the places you hunt and fish.
In the last two years, policymakers have committed to significant investments in conservation, infrastructure, and reversing climate change. Hunters and anglers continue to be vocal about the opportunity to create conservation jobs, restore habitat, and boost fish and wildlife populations. Support solutions now.Learn More