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[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)
[[Page H2651]]
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