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House Defunding of Clean Water Act Guidance Decried by Hunters and Anglers
Congressional budget would eliminate funding for water- and wetlands-conservation measure.

Theodore Roosevelt Conservation Partnership

WASHINGTON --(Ammoland.com)- As negotiations for fiscal year 2012 budgets continue in the U.S. House of Representatives, sportsmen-conservationists are criticizing a measure that would defund the administration’s work on Clean Water Act guidance that is crucial to sustaining wetlands and waterways, the Theodore Roosevelt Conservation Partnership announced today.

The House Appropriations Subcommittee on Energy and Water Development met this morning to deliberate and mark up the FY 2012 budget for the Army Corps of Engineers and other water development agencies, including the measure that would strip protections for clean water and habitat.

“None of the funds made available by this Act or any subsequent Act making appropriations for Energy and Water Development may be used by the Corps of Engineers to develop, adopt, implement, administer or enforce a change or supplement to the rule … or guidance documents … pertaining to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act,” it reads.

“While sportsmen understand the need for fiscal conservatism, this rash decision by Congress leaves vulnerable waters that provide critical habitat to fish and wildlife, flood control, drinking water and a range of other benefits,” said Steve Kline, director of the TRCP Center for Agricultural and Private Lands.

“We urge House appropriators to reconsider this budgetary measure, which takes several steps backward in our efforts to restore Clean Water Act protections to the nation’s streams and wetlands.”

The TRCP and its partners welcomed proposed guidance issued by the administration in April that would more clearly define which U.S. waters are subject to Clean Water Act protections, a move that would begin restoring long-standing protections to many of the nation’s wetlands, streams, lakes and headwaters that have remained threatened in the wake of two ambiguous Supreme Court decisions and subsequent agency guidance.

“Americans support clean water, and we recognize that responsibly managing our headwaters and wetlands is essential to that goal,” said Jan Goldman-Carter, wetlands and water resources counsel for the National Wildlife Federation and co-chair of the TRCP Wetlands and Clean Water Working Group. “Conserving drinking water, protecting communities from flooding and sustaining fish and wildlife habitat and local economies are objectives of the administration’s Clean Water Act guidance, and we are deeply disappointed that Congress would undertake any actions that undermine these goals.”

“It’s ironic that this provision would bar the Corps from doing the one thing that almost everyone agrees should happen – revising its regulations to more clearly define ‘waters of the United States,’” said Scott Kovarovics, conservation director for the Izaak Walton League of America and working group member. “If this provision became law, it would lock in the status quo that threatens drinking water for 117 million Americans and the most productive duck habitat in the country.”

The TRCP and its partners on the TRCP’s Wetlands and Clean Water Working Group, including Ducks Unlimited, the Izaak Walton League of America, the National Wildlife Federation and Trout Unlimited, have been promoting restoration of protections for the nation’s wetlands and clean waters. Recent budget deliberations have repeatedly threatened the sportsmen’s efforts to conserve these resources.

“Hunters and anglers are strongly opposed to this policy rider, and our vigorous opposition helped defeat a similarly ill-conceived rider when the House passed the FY 11 Continuing Resolution, or HR 1, earlier this year,” said Steve Moyer, vice president of government affairs for Trout Unlimited and WCWWG co-chair.

“Sportsmen know the Clean Water Act is a vital safety net for fish and wildlife resources that is being partially repaired by the Corps-EPA guidance. The guidance is reasonable, science-based, consistent with the Clean Water Act and beneficial to fish, wildlife and the public; therefore, sportsmen will do everything in our power to stop the rider.”

The proposed Clean Water Act guidance would begin restoring protections for intermittent streams that sustain critical fisheries and feed the public drinking water systems for more than 117 million Americans and at least 20 million acres of the nation’s wetlands, particularly prairie potholes and wetlands essential to waterfowl. The guidance is available for public comment and review until July 1.

Learn more about the TRCP’s work to conserve American wetlands.

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Inspired by the legacy of Theodore Roosevelt, the TRCP is a coalition of organizations and grassroots partners working together to preserve the tradition of hunting and fishing. Visit: www.trcp.org

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National Hunting & Angling Groups Applaud Release of Clean Water Guidance
Action is a first step in restoring protections for waters, valuable fish and wildlife habitat.

Theodore Roosevelt Conservation Partnership

WASHINGTON -WASHINGTON, DC --(Ammoland.com)- Some of the nation’s top sportsmen’s organizations – Ducks Unlimited, the Izaak Walton League of America, the National Wildlife Federation, Trout Unlimited and the Theodore Roosevelt Conservation Partnership – applaud the administration for taking an important step today to begin restoring Clean Water Act protections to streams and wetlands.

These waters provide critical habitat to fish and wildlife, flood control, drinking water and many other benefits.

The proposed guidance issued by the administration would more clearly define which U.S. waters are subject to Clean Water Act protections.

This would begin restoring longstanding protections for many of the nation’s wetlands, streams, lakes and headwaters that have been vulnerable to pollution and destruction since the SWANCC (2001) and Rapanos (2006) Supreme Court decisions. Issuing agency guidance – instructions to staff in the field about how to interpret laws or court decisions – is a well-established practice used by every administration. To ensure transparency and diverse stakeholder participation in the process, the proposed Clean Water Act guidance will be available for public comment and review for 60 days.

Decisions in the two Supreme Court cases and agency guidance issued in 2003 and 2008 jeopardize crucial water resources and wildlife habitat. Taken together, they removed protections for at least 20 million acres of wetlands, particularly prairie potholes and other seasonal wetlands essential to waterfowl populations throughout the country. Intermittent streams that provide critical habitat for fish, especially trout, and feed into the public drinking water systems for more than 117 million Americans also are at risk.

“The importance of this guidance cannot be overstated,” said Steve Moyer, vice president of government relations for Trout Unlimited. “Restoring these lost protections means more habitat in the long run for all the fish and wildlife that sportsmen love to pursue.”

Restoring protections for these waters directly benefits the American people, fish and wildlife, and outdoor recreation, including hunting, fishing and boating. The economic benefits to the United States from these wetlands and streams are staggering. For example, the U.S. Fish and Wildlife Service found that wildlife-dependent recreation in the United States generates $80 billion in hunting and fishing expenditures annually.

The wording of the two Supreme Court decisions left state and federal regulators, landowners and manufacturers confused about which U.S. waters are protected by the Clean Water Act.

“This confusion led to lost protections for some of our nation’s most important waters, which could have significant consequences for wetland conservation, particularly in areas important for breeding and migratory waterfowl,” said Scott Yaich, director of conservation operations for Ducks Unlimited. “Clear guidance could go a long way toward restoring wetland protections important to our nation’s waterfowl and waterfowl hunters.”

“We are pleased the administration has taken this crucial first step to provide clarity to landowners, conservationists and businesses regarding waters of the United States,” said Whit Fosburgh, president and CEO of the Theodore Roosevelt Conservation Partnership. “This action has been taken with no expansion of federal reach but simply restoring protections Congress originally put in place. This not only will conserve healthy habitat and water quality; it also will safeguard and support the sporting traditions that tens of millions of Americans enjoy.”

The proposed guidance takes a moderate approach that falls within the limits of the Supreme Court decisions. For example, it generally excludes roadside ditches, gullies or small washes from coverage under the Clean Water Act and does not apply to ponds and other ornamental bodies of water constructed by excavating dry land. Moreover, the proposed guidance does not affect any of the existing exemptions in the Clean Water Act for a wide range of farming and forestry activities, including plowing, cultivating and seeding and the construction and maintenance of stock ponds and logging roads.

“The administration’s proposal is balanced and reasonable,” said Scott Kovarovics, conservation director for the Izaak Walton League of America. “It restores traditional Clean Water Act protections to streams and wetlands while clearly retaining exemptions from the Act for farming, ranching and logging.”

“This guidance reflects a more faithful reading of Justice Kennedy’s pivotal ‘significant nexus’ test for jurisdiction and places clean water programs on more solid legal and scientific footing,” said Jan Goldman-Carter, wetlands and water resources counsel for the National Wildlife Federation. “There is also widespread agreement that a rulemaking is needed to further clarify and restore protections that existed prior to the SWANCC decision for our nation’s wetlands, streams and other waters. This guidance is very encouraging, and we now look forward to a solid rule further clarifying and reinforcing these protections.”

• Learn more about the guidance released today.
• Read more on the EPA website.

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