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The U.S. House Committee on Transportation and Infrastructure held a full committee Hearing today entitled Clean Water Act 35^{th Anniversary: Successes and Challenges.} The following is the statement Rep. Young submitted for the record:

"With more than 3 million lakes, 12 thousand rivers, thousands of streams, creeks, and ponds, and more coastline than the other 49 states combined, the Clean Water Act has and will continue to have a monumental impact on the economy, transportation, and landscape of Alaska, as well as America.

"Alaska encompasses an area of 403,247,700 acres, including offshore areas. Total acreage of wetlands is 174,683,900 acres. This is 43.3 percent of Alaska's surface area. In the lower 48 states, wetlands only occupy 5.2 percent of the surface area. Alaska contains 63 percent of the total wetland acreage in the United States (excluding Hawaii) according to the U.S. Fish and Wildlife Service.

"In June 2007 the Environmental Protection Agency (EPA) and the Corps of Engineers issued new guidance on issuing dredge and fill permits, known as Section 404 in the Clean Water Act, as a result of the recent Rapanos Supreme Court case. The guidance says that the Corps analysis would have to either find a permanent surface hydrologic connection or a ‘significant nexus’ between the wetland in question and the water quality of the nearest traditional navigable water.

"The Fairbanks North Star Borough is currently suing the U.S. Army Corps of Engineers over a dispute concerning whether property the Borough would like to turn into a park, is a wetland under Clean Water Act jurisdiction. The Corps is claiming the property is a wetland because of a hydrologic connection in the groundwater even though there is no surface water connection. In this case, it appears that the Corps is not adhering to the guidance that was issued in June. I’m interested to know if there are other cases where the Rapanos guidance is not being complied with by the Corps.

"Another issue that is vital to Alaska is mining. Currently the section 404 dredge and fill permits issued by the Corps to Rock Creek Mine in Nome and the Kensington Gold Mine near Juneau are being challenged in the Ninth District Court.

"There is proposed legislation that seeks to expand the original intent of Congress from ‘navigable waters’ to ‘waters of the United States.’ With the current challenges of economic development and mining being stifled because of the environmental community and a lack of clear direction from the Corps, expanding the scope of the Clean Water Act will do more damage and cause more confusion. I fear that this proposed legislation may increase the cost and time to issue dredge and fill permits and negate the ability for communities like Fairbanks to challenge the interpretation of what federal agencies constitute as a wetland."

In addition, Rep. Young submitted questions to the Committee directed at Assistant Secretary of the U.S. Army Corps of Engineers, Mr. John Woodley, and Assistant Administrator for Water of the U.S. Environmental Protection Agency, Mr. Benjamin Grumbles. Answers to Rep. Young’s questions concerning Fairbanks North Star Borough and concerns over whether property they would like to turn into a park, and fill permits related to Rock Creek Mine and Kensington Gold Mine, will be received in writing.