Senator Braun, Ernst and Grassley introduce DEFINE WOTUS Act
Senator Mike Braun, Senator Joni Ernst, and Senator Chuck Grassley have introduced the Define WOTUS Act, which will codify a congressionally mandated definition of what constitutes WOTUS, or Waters of the United States. If passed, the bill would reassert Congressional responsibility to define this important term for farmers. The definition in the Define WOTUS Act also makes substantial improvements over various administrative attempts to define the term by clearly outlining what is, and is not, a federally regulated waterway.
It is time that Congress steps up to define WOTUS and end the regulatory whiplash.
“Regulations for what falls under ‘Waters of the U.S.’ have ping-ponged back and forth for years,â€Â said Senator Braun. “Farmers and families need a reasonable, practical definition for WOTUS, and that’s why I’m introducing the Define WOTUS Act with my colleagues today.”
“Iowa farmers, landowners and developers care about the quality and health of their land, but multiple rules changes over the past several years have led to uncertainty and confusion. It’s time to put a stop to federal bureaucrats’ heavy-handed approach and create a clear, commonsense definition of WOTUS,â€Â Grassley said.
“Vague and expanded regulations allow the Biden administration to tell Iowans what they can and can’t do on their own land. As over 46,000 Iowa small business owners brace for the impact of Biden’s WOTUS rule, I’m fighting to clarify what is and, most importantly, what is not a water of the U.S.,â€Â said Senator Ernst.
The bill differs from EPA’s regulations under the Biden, Trump, and Obama Administrations in several important ways:
- Wetlands: Unlike previous definitions, the bill restricts federal authority to wetlands that “abut.â€
- Ephemeral Waters: The bill restricts WOTUS to streams that flow at least 185 days a year—a common recommendation from agriculture stakeholders.
- Exclusions: The bill includes more exclusions than previous rule—including an exclusion for snowpack melt requested by agriculture stakeholders as well as a new exclusion for drain tiling as a subsurface drainage system.
- Beyond Visual Inspection:Â The bill also restricts waters that require more than a visual inspection to determine their federal status as not WOTUS. This is an important mechanism requested by many stakeholders to ensure that the definition is as predictable and uniformly implemented as possible.
BACKGROUND:
- The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE) derive their authority to regulate waters of the United States (WOTUS) from the Federal Water Pollution Control Act Amendments of 1972. While the term “WOTUS†defines the scope of EPA’s jurisdiction (including multiple permitting programs, water quality standards, and enforcement mechanisms), the term was not clearly defined in statute—and still isn’t five decades later.
- Since the 2006 Supreme Court case Rapanos v. United States, WOTUS has been interpreted to include any waters with a “significant nexus†to navigable-in-fact waters, determined on a case-by-case basis. This case-by-case test can lead to contradicting determinations for the same tract of land by two bureaucrats from EPA. The post-Rapanos interpretation of WOTUS has been detrimental for American farmers and ranchers.
Biden Administration Rulemaking: On December 30, 2022, EPA announced its Biden-era WOTUS rule. President Biden says his rule leans on a “pre-2015†interpretation of WOTUS and, therefore, should be exempt from the critiques levied against the Obama-era Clean Water Rule. However, the same fundamental concerns that led stakeholders to oppose the Clean Water rule (e.g., regulatory ambiguity under the “significant nexus†test, a reliance on case-by-case analysis, and regulation of ephemeral and intermittent flows) existed before the Obama Administration and persist under the Biden Administration.
Pending Supreme Court Decision: The Supreme Court is currently considering a case, Sackett v. EPA, which may strike down the “significant nexus†test, an underpinning of the Biden WOTUS rule. It is time that Congress steps up to define WOTUS and end the regulatory whiplash.
THUNDERBOLTS RALLY FOR 4-3 OVERTIME WIN IN BIRMINGHAMÂ
Pelham, Ala.:  With potential home-ice playoff implications on the line, the Thunderbolts came through with a clutch performance by coming back in the third period to force overtime, where they defeated the Birmingham Bulls 4-3 on Thursday night in Pelham.  The Thunderbolts’ next home game will be on Saturday, April 1st  against the Knoxville Ice Bears at 7:00pm CT.  For tickets, call (812)422-BOLT (2658), go to EvansvilleThunderbolts.com, or visit the Ford Center Ticket Office.
Evansville struck first as Matthew Hobbs cashed in on a net-front pass from Jeremy Masella on the power play to make it 1-0, also assisted by Conner Jean at 6:23.  The Bulls tied the game back up as Michael Gillespie scored at 18:22, before Gillespie put the Bulls ahead for the first time, 2-1 with another goal 4:29 into the second period.  Down 2-1 in the third period, another power play goal from Masella at 6:54 tied the game from Matt Dorsey and Jean.  At 12:55, Evansville took their second lead of the game as Cameron Cook scored from Aaron Huffnagle and Tanner Butler on the power play to make it a 3-2 Thunderbolts lead.  Birmingham managed to tie the game once again as Jake Pappalardo scored at 17:05, forcing overtime.  At 2:15 of overtime, Cook became the overtime hero with his second goal of the game, scoring on a rebound from Huffnagle and Felix Sasser to lead the Thunderbolts to a much-needed 4-3 comeback victory.
Cook scored two goals, Masella tallied a goal and assist, and Hobbs finished with one goal.  Huffnagle and Jean each notched a pair of assists, while Trevor Gorsuch stopped 24 of 27 shots for his 15th win of the season.  Tonight was the first time all season, and the first time since 1/1/22 at Peoria, that the Thunderbolts scored three power play goals in a single game.  The Thunderbolts remain in 5th place in the SPHL standings but have closed the distance behind 4th-Place Roanoke to .014 win percentage, at which a finish in 4th place or higher would secure home-ice advantage in the first round of the playoffs next month.  Roanoke plays the 1st-Place Peoria Rivermen this Friday and Saturday, and any losses will help further bridge the gap that Evansville trails.  The Thunderbolts and Bulls meet again on Friday, April 7th at Ford Center.
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Braun leads GOP senators in the bill to prevent IRS from being weaponized
Braun leads GOP senators in the bill to prevent IRS from being weaponized
Senators Braun, Rick Scott, Young, Romney, Capito, Moran, and Risch are leading the bill to protect Americans from being targeted by the IRS for ideological reasons
WASHINGTONÂ — Senator Mike Braun and Senators Rick Scott, Young, Romney, Capito, Moran, and Risch today introduced a bill to prevent the IRS from being used as a political weapon against conservative non-profit groups.
From 2010 to 2012, the Obama IRS spent over two years systematically targeting conservative tax-exempt groups. The Trump administration released a final rule in May 2020 that prevented the IRS from targeting certain tax-exempt groups based on their political beliefs.
The Don’t Weaponize the IRS Act codifies the Trump rule that protects groups regardless of their political ideology or beliefs and prevents the IRS from doxing donors to these groups.
The bill’s reintroduction comes as the IRS’s impartiality is being questioned for visiting the home of journalist Matt Taibbi – whose reporting revealed collaboration between the federal government and social media companies such as Twitter to censor inconvenient information and counter-narrative news stories – while he was testifying at the House Select Subcommittee on the Weaponization of the Federal Government.
Removing the requirement to report the names and addresses of donors helps protect taxpayers’ First Amendment rights: such information is not needed for tax administration purposes.
“We saw during the Obama years how the IRS is used as a political weapon to target dissenters, and now President Biden has supercharged the IRS with an extra $80 billion dollars. This bill will prevent the IRS from being weaponized against Americans for ideological reasons.†– Senator Mike Braun
“We need to protect the First Amendment rights of all Americans,†said Senator Young. “Our bill will help ensure the IRS cannot target individuals based on their political beliefs.â€
“The IRS should never expose taxpayers’ private information because of their political ideology. The Don’t Weaponize the IRS Act will prevent the Biden administration’s IRS agents from targeting Americans regardless of their political leanings.†– Senator Risch
“Too often over the last decade, the IRS has been used for political means. This legislation will prevent the IRS from targeting Americans—because of their presumed political or religious beliefs—in the future.†– Senator Romney
“The IRS should do its work impartially and without political bias,†said Sen. Moran. “This legislation will help prevent the IRS from unfairly targeting groups with conservative beliefs, especially in light of the Biden administration’s plan to spend billions of dollars to hire thousands of additional IRS employees.â€
2023 Senior Seminar Exhibition on display through April 28
The 2023 University of Southern Indiana Senior Seminar Exhibition is on display now through Friday, April 28 at the McCutchan Art Center/Pace Galleries, located in the lower level of the Liberal Arts Center on campus. This exhibition features the creative work of 29 studio art, graphic design, interactive media and illustration students.Â
The senior art and design seminars are capstone courses for Art and Art Education majors and combine discussion of current aesthetics issues in the visual arts with practical knowledge in career or graduate school preparation. The capstone courses are also an evaluation of students’ artistic growth and potential. This group exhibit is the culmination of these courses and a high point in the art majors’ careers at USI.Â
Dr. Sara Christensen Blair, Chair of Art and Design and Professor of Art, organized and curated this year’s exhibition. Student participants in the show include Alicja Ackermann, Juliana Amit, Brianna Beard, Candice Beck, Hope Burdette, Lily Carr, Jess Casey, Ethan Douglass, Grace Estel, Matthew Fithian, Paris Fithian, Lance Gardner, Emily Geisler, Carlin Huang, Kara Jenson, Rachel Kercher, Addison Kurtz, Viktoriia Mayatska, Olivia Miller, Conner Perry, Zachary Robb, William Rodenberg, Katie Roy, Bralyn Shripka, Elizabeth Sinning, Kaitlyn Statz, Ryan Titzer, Olivia Wallhauser and Hannah Weesner.Â
A reception for the exhibition will be held at 1 p.m. Sunday, April 16. For more information, visit the Galleries webpage.Â
The MAC/Pace Galleries are open 10 a.m. to 4 p.m. Monday through Friday and 1 p.m. to 4 p.m. Sundays.Â
LETTER TO THE EDITOR: Our Plan Will Truly Help “Save Our Park†And Create A Lasting Legacy
Over the past 20 years, the “Save Our Park†crusade has been used to dissuade improvements to Wesselman Park, ranging from new softball fields to indoor tennis courts. Those opposed have demonstrated a tremendous passion to protect the 200-acre nature preserve now known as Wesselman Woods, which is located on the far north end of the Park.
The history of the Wesselman Woods Nature Preserve (WWNP) is fascinating, but also a good lesson to guide our actions going forward. When the McCallister and then the Sherwood Family owned the land, intentions were for their private use as well as allowing rail lines to be constructed through the forest.Â
We should all agree that the actions of the State of Indiana and the City of Evansville is what truly “saved the park†and not only designated the old-growth forest as a protected nature preserve but created a broader area for park and recreation purposes.
Unfortunately, the park has fallen into disrepair and is in desperate need of an upgrade. It’s ironic that the only improvements have been inside the nature preserve with the new playscape, while the surrounding park has lost amenities such as the batting cages and old par 3 courses.
Since taking over the Department of Park & Recreation, my primary goal has been to invest in and improve our existing parks while bringing forth new amenities that will bring residents back outdoors.
In the Fall of 2021, I was introduced to a new sport called pickleball, by a passionate group of residents that pleaded for outdoor courts in Evansville. I quickly learned that pickleball is the fastest-growing sport in the country, with leagues and recreational play happening in schools, gyms, church basements, and community centers. In our area, there is a staggering average of 60,000+ residents playing pickleball every year and the age of players ranges from young to old.
Following numerous meetings and discussions with stakeholders, the idea of building pickleball courts next to the existing tennis courts in Wesselman Park was developed. Put simply, there is a synergy in this location for expanded local (free) play, recreational and competitive leagues, youth programming, camps, tournaments, and management of new courts in the vacant green space that once was the location of softball fields.
Over the past year, the City has met with the Wesselman Nature Society, the Good Samaritan Home, Wesselman Neighborhood Association, the YMCA, the Convention & Visits Bureau, the Evansville Pickleball Outdoor Courts (EPOC) and conducted public meetings for the Parks Department’s 5-year Master Plan. Significant planning, time and resources have gone into the current pickleball project, but there is a difference over previous proposals for Wesselman Park. An overall plan now exists for Wesselman + Roberts Park that includes a new destination playground that is fully accessible, basketball, and sand volleyball courts, a parkour course, dedicated trails for pedestrians, and a new main entrance off of Boeke Road.
The concerns over traffic congestion impacts to wildlife, noise, and loss of green space have all been addressed in the plan that can be found at
evansville.in.gov/wesselmanmasterplan. We all recognize the importance of the WWNP and have sought the guidance of the professional staff at Wesselman Woods.
It is also important to note that the proposed pickleball courts have been discussed and debated in an exhaustive number of public meetings over the past year, with votes of approval from the Parks Board of Commissioners and funding by the City Council.Â
Even so, a common suggestion is to simply move the pickleball courts to the former Roberts Stadium location.Â
When Roberts was demolished, land use experts agreed that the best use for the property would be green space. Mayor Winnecke continues to agree, and the plan is to develop the area into festival grounds with a pavilion, trails, more shelters and a lake next to the Lloyd Expressway. An important piece of the overall plan is to reforest the old par 3 courses so that it will over time become part of the WWNP. While the opposition to any change is loud, we should not lose sight of the overall plan that will add 50+ acres of new green space and forest to the nature preserve. Combined with all the other park improvements including pickleball, our plan will truly help “save our park†and create a lasting legacy for future generations.
Steve Schaefer
Deputy Mayor / Interim Parks Director
FOOTNOTE:  The City-County Observer posted this  “Letter To The Editor” without bias or editing.
Vincennes University student finishes first in state career development competition
INDIANAPOLIS, March 30, 2023 – A student in the award-winning Vincennes University Jobs for America’s Graduates College Success Program dominated a state competition at the annual JAG Indiana State Career Development Conference.
VU Homeland Security and Public Safety major Mason Caudill of North Judson, Indiana, won first place in the College Success Program category and had the privilege of meeting Indiana Gov. Eric Holcomb. Competitors delivered presentations explaining their career pathways and shared the benefits of participating in the JAG College Success Program on March 17.
Caudill also placed first in the College Success Program division in 2021.
According to Caudill,†It was an honor to be able to compete in the state JAG CDC. It feels awesome to know that I am a two-time champion of this event. It was great to meet Governor Holcomb. I enjoyed sharing my story about how the VU JAG College Success Program has helped me during my college career.â€
JAG is a state-based, national organization committed to supporting young people of great promise and focuses on helping them reach economic and academic success.
VU JAG College Program Manager Shaun Brames was elated with Caudill’s first-place finish and achievements.
“We are so proud of Mason for the effort that he has put into being a two-time winner at the JAG State Career Development Conference,†Brames said. “We are even more proud of all the work he has put into his studies at Vincennes University these past four years.â€
Caudill will graduate with a bachelor’s degree in Homeland Security and Public Safety from VU in April.
“I really want to thank Shaun Brames for all the help he has given me with homework help and career planning over the past four years and for always being there for me,†Caudill said.
The VU JAG College Success Program was awarded a National Educational Leadership Award in 2020 in recognition of the extraordinary leadership and support VU contributes to America’s most successful program in helping young, promising students learn in-demand employability skills, pursue postsecondary education, and enjoy career advancement opportunities.
VU hosts a JAG Summer Academy annually for nearly 200 high school students on the Vincennes Campus. The weeklong immersive experience focuses on college survival strategies, college readiness, and leadership development activities. It also highlights the outstanding opportunities offered at VU.
Senate sends another bill restricting trans people to the governor—then has a sing-along
Senate sends another bill restricting trans people to the governor—then has a sing-along
Another trans-related bill is heading to the governor’s desk.
The bill is authored by Rep. Peggy Mayfield, R-Martinsville, and passed through theIndiana House Courts and Criminal Code Committee, the full House and now the Senate. It is among multiple bills targeting trans rights making their way through the General Assembly this session.
The bill would restrict gender reassignment surgery for inmates in Indiana prisons, prohibiting the Department of Corrections from using any state resources to pay for hormone therapy or surgery for inmates.
Senate Minority Leader Greg Taylor, D-Indianapolis, pointed out what he considered a crucial flaw when he spoke on the bill: It would impact only one person behind bars.
“Currently DOC houses over 100 individuals on their gender-diverse log,†said Taylor.
He explained the log includes those who are gender nonconforming and nonbinary, not those who have already transitioned. He said 36 of those individuals are currently on hormones and two are receiving gender-affirming care, but this new bill would impact only one of them.
“Maybe the reason why we all do not want to hear this issue is because we are effectively changing public policy for one person,†said Taylor.
He believes the legislation may ultimately subject the state to a lawsuit.
“When a prisoner goes to jail or prison, they do not lose all rights to procedures and/or support. It actually gets enhanced because the state is responsible for paying for it,” said Taylor. “So what we are doing, right here in this piece of legislation, is a direct violation of the Eighth Amendment to the Constitution.â€
The sponsor of the bill, Sen. Stacey Donato, R-Logansport, responded by saying that withholding gender-reassignment surgery is neither cruel or unusual and that to violate the Eighth Amendment, it must be both.
Taylor ended his remarks by stating he does not see this bill as an effort to save taxpayer money but to stop individuals from transitioning.
“We are going to pass a piece of legislation that will subject us to a lawsuit, to impact one person. One person,†he emphasized.
“I don’t think there is any disagreement as to whether or not the state should pay for the surgery. I think there is a disagreement as to whether or not the surgery should happen at all.â€
The bill passed 9-38. It now heads to the governor’s desk.
Sen. Greg Walker, R-Columbus, provided a jarring transition when he rose right after the vote on a point of personal privilege to say, “It’s a great day to be at the ballpark.†He then led the chamber in a rendition of “Take Me Out to the Ballgame.†Thursday was Major League Baseball’s Opening Day.
FOOTNOTE:  Kyra Howard is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.