Corps Responds to Information Request with Redacted Documents

Last year my office issued a Freedom of Information Act Request for correspondence eminating from the Army Civil Works Division to the Administration and other departments regarding flooding in the Missouri River basin. The Corps of Engineers responded to my request last week with sixty pages of internal emails. As you can see from the email documents (Click to see the emails), much of the details have been redacted.

The reason given for removing the information was that the rules of FOIA do not require the Corps to release information deemed personal or relating to a “National Emergency”. From looking through the email exchange it appears the Corps of Engineers knew about the impending flood months before it happened. This time period could have been used to warn communities in the flood zone but instead the Corps focused on creating talking points and excuses for the impending damage.

If we are to learn from this disaster we need to know the dialogue that took place. We deserve to see the correspondence between the Corps and other agencies. Where is the transparency in government promised by the Administration?

Click image to see emails from the Corps

Looking through the emails you notice a drop-off in communications between the Corps of Engineers during the month of April. North Dakota started warning the Corps about the possible runoff from snow pack in March but nothing seemed to happen until it was too late in May.

So what was the head of the Corps of Engineers doing in April that was so important?

Jo Ellen Darcy, Obama’s appointee to the Assistant Secretary of the Army Civil Works, who is in charge of all the flood control systems in the United States was busy canoeing in North Carolina.

Jo Ellen Darcy paddling a canoe while flooding threatens country

looks like Jo Ellen was gone fishin’ during the flood…

Governor Daugaard Remarks on Missouri River Flood

Governor Daugaard gave his State of State Address this week in Pierre to kick off the 87th Legislative Session. At the end of his remarks Governor Daugaard spoke of the flood this past year with a poignant message reprinted below.

EXCERPT FROM STATE OF STATE ADDRESS REGARDING MISSOURI RIVER FLOODING

GOVERNOR DENNIS DAUGAARD

We are used to natural disasters in South Dakota. We survive tornadoes, blizzards, wildfires and droughts. We have had our share of flooding in past years. And in some parts of our state, flooding happens almost every year.

But the flooding we experienced along the Missouri River this spring was different. We’ve never been given two weeks’ notice that a disaster would occur. It was a Wednesday night in late May when the Corps of Engineers called to alert us that their releases would be much higher planned. And South Dakota immediately sprang into action.

In Dakota Dunes, in Yankton, in Pierre and Fort Pierre, and up and down the river, South
Dakotans stepped up. Homeowners packed up and moved their possessions and built massive sandbag walls. Contractors worked with feverish activity to build emergency levees – compressing months of work into days. Truck drivers and heavy construction operators came from hundreds of miles and worked around the clock to hasten the construction. Law enforcement controlled traffic at every intersection, to speed the work. Prison inmates, homeowners, and neighbors filled thousands of sandbags. National Guard troops aided with preparations and patrolled the levees all summer. State employees manned the emergency operations center for nearly a month.

And thousands and thousands of volunteers poured into the affected communities to help.
They came from every corner of our state. I met a group of Boy Scouts dropped their plans for a Black Hills camping trip, and took a detour to the north, to spend their weekend filling sandbags instead. I saw college basketball teams, and football teams, and volleyball teams, come by the busload to help. I saw groups of Hutterites aiding homeowners. I saw boxes and supplies from across South Dakota sent to help those affected. I saw friends and neighbors do backbreaking work hauling sandbags, for hours and hours, to secure private homes.

I have never been prouder of South Dakota than I was during those weeks. It was a time that exemplified our values of persistence, hard work, and self-reliance. No one thought about politics or the next election. No one got distracted by petty squabbling. No one took a poll or kept a scorecard. South Dakotans were faced with a challenge, and we all rolled up our sleeves and overcame it – together.

As high as the floodwaters rose, South Dakota rose higher. I call on all of us to continue in that same spirit as we move forward this year. If we do, there is no limit to how high South Dakota can rise.

Governor Daugaard and Lt. Governor Matt Michels survey damage at Riv-R-Land Estates

South Dakota to Consider Bullying Policy for Schools

“These then are the basic roles of government in a free society: to provide a means whereby we can modify the rules, to mediate differences among us on the meaning of the rules, and to enforce compliance with the rules on the part of those few who would otherwise not play the game.”

-Milton Friedman

For the past three sessions the legislature has brought bullying proposals to both the House and Senate. Each year we commend the schools that listened to the previous warnings and established comprehensive policies and then we frown on the school districts that decide its not important enough to draft a policy.

One of those schools was in McIntosh. The superintendent didn’t feel a policy was necessary and failed to respond to the legislature’s several requests for him to participate in a survey regarding bullying policies. His answer to the staffer was that he was too busy. Later that year a 13 year old student committed suicide after years of bullying that had taken place at the McIntosh school. Today McIntosh has a bullying policy in place.

For the handful of schools that have not formed a policy or that stand by their insufficient policies, it is time to “play the game” as Milton Friedman would say. After three years of rejecting the measure, South Dakota stands as the lone state in the nation without legislation regarding bullying. This year, several bullying policy laws will be considered. I just hope the legislature lives up to its role as government in a free society.

Tired of Indecision on Jobs and Keystone XL

Remember when President Obama barnstormed across America campaigning for the Stimulus bill that he claimed would save or create 3.5 million jobs. The White House claimed that investments in, “shovel-ready,” public infrastructure projects, green energy, education and broadband internet “smart grids” would revitalize an ailing American economy.

After spending nearly $800 billion in tax payer dollars, unemployment is higher than when the President took office, America is deeper in debt, and we’ve found out that much of the Stimulus bill was a massive give-away to public sector unions and fraught with crony-capitalism handouts for Obama campaign donors, while the rest sat unspent because the projects weren’t truly “shovel ready.”

This summer President Obama presided over a meeting of his Council on Jobs and Competitiveness to discuss the challenges businesses face when contemplating certain construction projects.  When it was explained to the President that the permitting process can delay projects for months to years and in many cases even cause projects to be abandoned, the President joked, “shovel-ready was not as, uh, shovel-ready as we expected.”

We’re not laughing Mr. President.  South Dakota and America need jobs and you’re playing politics with a real shovel-ready project: the Keystone XL pipeline.

The pipeline, which will run the entire width of South Dakota, has been seeking permission from the federal government since 2007 to start construction.  That makes this project perhaps the most exhausting and intensively studied pipeline project in modern history.  Never before has so much research and investigation gone into studying all of the possible effects the pipeline will have on the environment, the economy and its impact on state and local governments.

An independent study concluded that this project would create over $20 billion in economic activity nationwide with $816 million directly invested into South Dakota construction efforts alone.  20,000 jobs will be created for construction and potentially several hundred thousand spinoff jobs over the lifetime of the pipeline.

President Obama has repeatedly used the line “we cannot wait” when goading Republicans who have been reluctant to support his massive government spending schemes. While the President certainly hasn’t been stingy or careful with taxpayer dollars, he is putting the brakes on what has been for the better part of sixty years a fairly straightforward process. Pipeline routes are routinely studied by local, state, and federal government and approved or rejected after an average of eighteen months. Obama’s State Department has been responsible for this particular pipeline study because it crosses an international border, and they concluded that there were no significant environmental impacts associated with the Keystone XL pipeline. As we approach the 40 month mark in this particular permit process, one has to wonder: When will the Obama administration lead on jobs and infrastructure investment?

There are billions of dollars in private investment ready to be spent on American energy infrastructure the day this pipeline is approved. This infrastructure would create jobs, strengthen ties with our closest ally and trading partner, and make America more energy secure for decades to come.

So, why the wait? An extremely well-funded and vocal group of protesters has the ear of the President. While their political intentions may be extreme, they share a similar world view with the President, who seems unable to make a decision that might make some in his base unhappy. To that end, Obama has attempted to delay a final decision on the pipeline until after the election to avoid any adverse effects on his re-election bid.

Congressional leaders are to be applauded for putting this decision back on President Obama’s desk and asking for a decision to be made in a specific timeline. Keystone XL is a unique piece of legislation in these times of divisiveness in Washington DC: It is a truly bi-partisan proposal that has significant organized labor and business community support. Approving this pipeline in a timely fashion will help restore faith in our political process, create jobs, and make America more energy secure for years to come.

Please Support Newt Gingrich for the Republican Nomination for President

I am endorsing Newt Gingrich for President of the United States.

The stakes are too high to consider the alternatives. Speaker Gingrich offers the experience, substance and tenacity to accomplish radical change necessary for not only economic recovery, national security and energy independence but the very survival of the United States of America.

National Security has suffered the worst setback under the Obama Administration. For the last 3 years we have operated a foreign policy of détente far worse than the Carter Administration. Rampant uprisings across the Middle East and Africa prove to be a threat to global economic stability and American interests. Newt is the only candidate to effectively identify the threat and lay out a plan to confront the challenge. Newt Gingrich brings a clear strategy of peace through strength to address this issue. Under a Gingrich Administration, we would strengthen ties to our allies; recapitalize our military infrastructure and reorganize the State Department with a bold new plan of supporting our friends not our enemies.

Energy Independence is directly tied to National Security and economic recovery. Newt Gingrich is the only candidate to show unwavering support for the production of ethanol, off-shore drilling and exploration of reserves long-held sacred by environmentalist. In the “New” Contact with America, Gingrich offers a “Pro-American Energy Bill” to unleash the already booming domestic energy sector.

Balancing the Federal Budget is essential to America’s national security and economic viability. Newt Gingrich is the only candidate to have forged a balanced budget. Under the Clinton Administration, Gingrich led Congress to streamline government and place spending limits through entitlement reform which led to the biggest capital gains tax cut in history while reducing unemployment to fewer than 4%. Only a Gingrich Administration would have the experience and fortitude to accomplish an economic recovery by holding the line on taxes. Gingrich offers real solutions to unemployment by reducing the capital gains tax to zero and reducing the corporate tax rate to 12.5%.

While opponents spend time attacking, I am proud to stand with Speaker Gingrich looking toward a bold new future for the United States; a future that holds renewed military exceptionalism, unbridled economic opportunity and a new contract with America to make our country prosperous again.

Please join me in supporting Newt Gingrich as the Republican Nominee for President of the United States on January 3rd for the Iowa Caucus and throughout the primary process.

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Senator Tim Johnson’s Chance to Show Leadership :: National Concealed Carry Reciprocity Act H.R. 822

The U.S. House of Representatives voted 272-154 in favor of H.R. 822, the National Right-to-Carry Reciprocity Act, on Thursday in Washington, D.C.

The bill, introduced by Representatives Cliff Stearns (R-Fla.) and Heath Shuler (D-N.C.), allows any U.S. citizen with a valid concealed firearms permit to carry a concealed firearm in states that allow concealed carry, or states that do not prohibit concealed carry for lawful purposes.

The Supreme Court of the United States has decided that the Second Amendment to the Constitution means that individual Americans have a right to bear arms in 2010.

Senator Thune (SD) sponsored a concealed carry reciprocity amendment in 2009. It received 58 votes, which was two votes shy of blocking a filibuster. There was bi-partisan support from several Senate Democrats, including Feingold (WI), Dorgan (ND), Bayh (IN), Pryor (AR) and Webb (VA). GOP Senators Lugar (IN) and Voinovich (OH) voted “nay”.

President Obama has not demonstrated any support for our 2ndAmendment rights, making a veto of any related legislation likely. This allows liberal Democrats in conservative states vote simply for re-election purposes to keep their party in control of the Senate. These legislators are not acting as leader representatives for their constituents. They are simply playing political games. The citizens of South Dakota deserve representatives that take active roles and are willing to fight for our 2nd Amendment rights.

They deserve principled leaders who will take concrete steps toward permanently securing these rights, not just for South Dakotans, but for the citizens of our country as well.

So it remains to be seen whether Johnson will work with Thune to build the coalition necessary to pass the Senate legislation with enough votes to override a Presidential veto. Or will he simply sit back and cast a safe vote to keep his party in power knowing the President will likely act contrary to the will of the people.

Is Senator Johnson truly “working” to protect our rights or to protect a seat in the Senate? Will he fight or simply cast a vote?

Keystone XL : Good Energy Policy Equals Strong Energy Security

Reclaimed Land on Syncrude Site in Alberta

Last week I was honored to travel to Canada at the invitation of the provincial legislature in Edmonton, Alberta (click for photos). During my visit I met with the Speaker of the Legislature, Ken Kowalski, toured the Capitol and traveled to energy production sites in the oil sands region (click for photos). The trip was sponsored by the National Conference of State Legislatures and several state senators and representatives were given a first-hand look into Canada’s energy production and learned about our countries relationship with our friend to the North.

Our first stop was the Capitol in Edmonton. We learned about the process of government and met with several members of the Alberta legislature. During our first day we attended briefings with officials from Canada’s energy department. We learned about the development of the oil sands region and the unique ties between Canada and the United States.

This opportunity had special meaning to me. Last year I sponsored a resolution honoring the historical, political, and economic relationships among Canada, the United States, and the State of South Dakota.

Canada and the United States share a rich and vibrant history of democratic governments, North American borders, military and security partnerships as well as deeply integrated and empowered trade relationships. Our countries have a strong and durable relationship based upon history, language, trade, energy development, and economic ties.

Canada is the United States’ largest trading partner, with $392 billion in goods traded between our two nations last year, and more than eight million United States jobs supported by that trade. Canada is the leading trading partner for the State of South Dakota, with a combined $687 million in goods trade with our nation’s northern neighbor in 2009, and nearly 24,600 South Dakota jobs supported by that trade. For every dollar the United States sends to Canada, 90 cents comes back to the US.

During our visit we were watching the Keystone XL debate closely. Protesters were circling the White House in opposition to the proposed pipeline that would carry crude oil from the Alberta oil sands region to refineries in the Midwest and Gulf Coast. The pipeline is critical to Canada which must create more pipeline capacity to export its growing production from Alberta. The Canadian oil sands region contains more than 170 billion barrels of proven. Daily production has already increased to 1.5 million barrels and is expected to increase to 3.7 million by 2025.

It was disappointing to hear the false statements being made by protesters claiming that the crude being delivered to the United States was “dirty” and “corrosive” in the attempt to dissuade the Obama Administration from approving the Keystone XL project. Canadian crude has been piped from Alberta for the last thirty years with no such issues. Our group observed the intricate process to remove impurities like sulfur and carbon before being put into the pipeline. Yet the mainstream media published the words of Hollywood actors as if it were gospel.

One of the most disturbing misconceptions was that this was the first pipeline to be built over the Ogallala Aquifer which spans several states including South Dakota, Nebraska and Kansas. In fact, the aquifer has thousands of pipelines that traverse the area. Many of these pipelines carry refined petroleum which has a much higher rate of soil permeation if a leak were to occur. The aquifer is covered with thousands of miles of pipelines carrying oil, gasoline and natural gas. Click to see map.

Under pressure from environmentalists, President Obama made the politically expedient decision to hold the project off till after the 2012 election. President Obama was looking to hold criticism back from environmental groups while not upsetting the labor unions which look forward to the thousands of jobs offered by the project. The Keystone XL had been under permitting and site location by the State Department for over three years and now was told to wait another year to be given a decision.

Let’s take a look at what the Obama Administration is risking to lose due to its indecision. We know that TransCanada has stated the use of 3 to 5 thousand skilled laborers with an overall impact of 20,000 jobs throughout the construction phase. We also risk losing millions in property tax revenue for local governments and schools along the path of the pipeline. Electric utility companies that service the pump stations lose valued customers that purchase constant large amounts of energy which reduce the average utility rates of other customers. And most importantly we have lost the faith of Canada, a dependable energy security ally along our northern border.

The Obama administration’s indecision has spurred Canada to look towards Asia to diversify its market. TransCanada’s rival Enbridge is proposing a different route which would allow Canada to distribute oil to China. The proposal would take oil sands feedstock through a pipeline to the Northwest Coast where it would be shipped away from North America.

For the United States to maintain strong ties to Canadian crude we need energy policy that makes our allies a priority. Our focus should be on making it easier and cheaper to transport feedstock to American refineries while lessening regulation on oil from friendly nations like Canada and Mexico. Energy policy that strengthens ties to these sources reduces our dependence on unstable foreign markets and increases energy security for the United States.

Votes on a Scandal: Obama’s Cronyism Detrimental to U.S.

Obama at Solyndra

Op Ed from the Desk of South Dakota Senator Dan Lederman

President Obama has run the government in a manner straight out of the Chicago politics handbook. He has engaged in the typical back-scratching business of Chicago-style government, rewarding his friends (i.e. big fundraisers) at the expense of the rest of the country, as illustrated below.

Obama Spent Millions Propping up Failed Solar Company

March 7, 2009 Obama Administration made available a half a billion dollars to the solar panel manufacturer Solyndra. The loan was pushed through with stimulus funds despite the fact that the Energy Department predicted the firm would run out of money in September 2011. True to the prediction, Solyndra ran out of money and filed for bankruptcy in September, eliminating 1,100 green jobs.

The primary investor in Solyndra, George Kaiser, raised $50,000 to $100,000 for Obama’s election campaign and donated over $50,000 himself. In fact, Solyndra executives together donated $87,000 to the President’s election campaign, and Solyndra itself has spent over half a million dollars lobbying for bills such as American Clean Energy Leadership Act of 2009 and the Solar Manufacturing Jobs Creation Act. In 2009, the Administration fast-tracked Solyndra’s government loan, promising the firm would help create 4,000 jobs.

Obama Courts United Auto Workers

Obama has long courted the United Auto Workers (UAW) union. Union workers have been overwhelmingly supportive of President Obama. The UAW union spent $5 million to elect President Obama, according to OpenSecrets.org. The union has been rewarded with special protection in General Motors Corporation’s bankruptcy. Under pressure from the Obama Administration, secured bondholders have been pressured to accept a preferential treatment to competing unsecured workers with $20.4 billion in health care obligations. This flies in the face of usual bankruptcy laws, which prefer secured creditors, such as bondholders, over unsecured creditors, although a bankrupt company is required to pay retiree benefits as well. One group of bondholders, Main Street Bondholders, was quoted as calling the treatment a “gross unfairness in giving unions an estimated five times more dollar value per claim than the small bondholders.”
The Obama Administration’s courting of the UAW union has continued. The Administration has voiced its agenda to promote the union in Detroit. Department of Transportation’s Ray LaHood pounced on Toyota when it recalled eight of its models in 2010. LaHood told Toyota owners to stop driving their Toyotas, and then retracted his statement slightly later that same day. LaHood said in a statement that his agency would “continue to hold Toyota’s feet to the fire to make sure they…make their vehicles safe.” It goes without saying that holding Toyota’s feet to the fire had an added benefit to Detroit automakers.

Obama Rewards Friends with Obamacare Waivers

The Obama Administration has handed out waivers to friends and supporters, allowing them to avoid requirements of Obamacare. Recipients of the waivers include International Brotherhood of Electrical Workers Union 195, United Food and Commercial Workers Local 227, Service Employees International Union Local 25, Transport Workers Union, and International Union of Painters and Allied Trades (AFL-CIO). It is unclear what criteria the Department of Health and Human Services utilizes to grant these waivers. It is clear, however, that many of the recipients have enjoyed cozy relationships with Obama.

Obama Rewards Fundraisers with Plum Jobs

The President appointed Louis Susman as the U.S. Ambassador to the U.K. in 2009. Susman has earned the nicknames “The Vacuum Cleaner” and “The Big Bundler” due to his innate ability to raise money for Obama and other democrats. In fact, Susman raised more than $500,000 for Obama’s campaign. In addition, Citigroup received $45 billion in bailout funds while Susman was a vice-chairman there. Susman has been greatly rewarded with his desirable ambassadorship.

Obama Cozies Up to GE

Earlier this year, President Obama appointed Jeffrey R. Immelt as Chairman of the Economic Recovery Advisory Board. This continues the trend of the close friendship between Obama and GE. In 2009, Immelt earned $5,487,155 for his position at GE, where he has steadily been moving parts of the company to China. Most recently, GE moved the headquarters of its x-ray business and jobs to China. According to its Securities and Exchange Commission filing, since 2001, GE has eliminated 34,000 jobs in the U.S. while adding 25,000 jobs overseas. In addition, GE has reinvested prior year earnings outside the country to lower its tax rate. In 2009, it reported an effective negative tax rate, realizing a $1.1 billion tax benefit. Under Immelt, GE also obtained funds through the Federal Reserve and Federal Deposit Insurance Corporation from programs meant to free up the credit market. This is the Chairman of the Jobs Commission. Finally, Obama supports what GE supports, including cap and trade and nuclear power, which GE is working to develop. The president proposes that the government should back $46 billion in loans to build new nuclear plants.

Obama’s Appointee Fails Constituents

President Obama appointed Jo-Ellen Darcy as Assistant Secretary of the Army (Civil Works). She is in charge of flood control for the Missouri River basin. Prior to her appointment, Darcy was an environmental advisor for the Senate Environment and Public Works Committee. Although Darcy has advised the Senate on resource control since the 1990s, as the civilian chief of the Army Corps of Engineers, Darcy has overseen the Corps as it has lost what should be its primary purpose in managing the Missouri River: flood control. As a result, Darcy’s management failed to prevent the massive damage caused by the flooding of the Missouri River this year. This is but one example of the President putting unexperienced individuals in prime positions. Unfortunately, in this case, his appointment failed to prevent immeasurable damage to roads, bridges, farms, homes, and businesses.

Obama has engaged in a consistent pattern of placing his friends and fundraisers in top government spots. As a South Dakotan, it is important to point out that our own U.S. Senator Tim Johnson has failed to cast a single negative vote on the appointments and favors. The Administration’s back-scratching has cost taxpayers the funds foolishly invested in Solyndra, resulted in the mismanagement which lost sight of flood control, and singled out friends and supporters for waivers from Obamacare. The result is Chicago politics as usual in Washington.

Missouri River Flood