Senator Cramer's Weekly Update June 27-July 10

West Virginia v. EPA Supreme Court Ruling A Win for Democracy

On Thursday, June 30, the Supreme Court’s ruling on West Virginia v. EPA, in which North Dakota is a party, firmly established the State’s role as an equal partner to the federal government in regulating greenhouse gas emissions from power plants.

This ruling reaffirms Congress never intended the federal government to regulate greenhouse gas emissions for the states. The statute is clear. This is a win for democracy, cooperative federalism, the American people, and North Dakota.

The Supreme Court decision reflects the separate, co-equal roles of our government. Important national policies must be debated and established through the democratic process by elected officials, not Washington bureaucrats.

Nothing in the Clean Air Act allows the bureaucracy to overstep the authority of states to determine how they generate electricity. Similarly, this case has far-reaching impacts on other EPA rules like WOTUS and Regional Haze as they are built on the same cooperative federalism model.

I tip my hat to the late North Dakota Attorney General Wayne Stenehjem for laying the groundwork for this landmark case seven years ago and North Dakota Attorney General Drew Wrigley and North Dakota Special Assistant Attorney General Paul Seby for getting this across the finish line. Their vision and persistence reiterate North Dakota’s excellence and the bureaucracy’s mediocrity.

When I hosted former EPA Administrator Andrew Wheeler in North Dakota, he promised all regulations would stand up in court. This ruling goes to show Administrator Wheeler and the Trump Administration were absolutely right.

I look forward to a new era of the Supreme Court which respects the tenants of congressional intent and cooperative federalism and I hope the Biden bureaucracy will stay within the confines of the law.

Federal Highway Administration Proposes Rule on Greenhouse Gas Emissions Performance Measures

The Federal Highway Administration issued a proposed rule to impose greenhouse gas emissions performance measures on state departments of transportation and metropolitan planning organizations without any new authority from Congress.

In both instances, Congress expressly excluded these authorities in the Infrastructure Investment and Jobs Act and now the Administration is attempting an end-run based on its wishes, not the law.

This proposed rule needs to be fully rescinded. It is dumb policy and the Biden Administration should take a hint from the recent West Virginia v. EPA decision which reminded agencies to stay within the confines Congress gave them.

Space Development Agency Opens First Ground Operations and Integration Center in Grand Forks

It was great to welcome Director Dr. Derek Tournear back to North Dakota!

It seems like just yesterday I brought Space Development Agency Director Derek Tournear to Grand Forks to show off our Airmen and University. Less than two years later, on Tuesday, June 28, we cut the ribbon on SDA’s first Ground Operations and Integration Center.

As the home of SDA’s first operations center, Grand Forks Air Force Base plays a critical role in bolstering our national security through its important satellite mission. This is also a tremendous opportunity for the entire community in terms of opening up new jobs for the area and working with the city’s academic and technology community.

North Dakota’s space assets and capabilities are second to none and our excellence will be a boon to improve our nation’s space-based defense.

We also heard directly from community members at an engagement event highlighting future employment opportunities for the area.

Energy & Environmental Research Center’s Event Highlights North Dakota Energy

It was great to speak at the Energy & Environmental Research Center Energizing North Dakota conference.

I like to talk about the Biden Administration’s 2050 fantasies colliding with our 2022 reality. If only it looked to the excellence of North Dakota, our vast resources, and our cutting-edge carbon capture efforts, we could not only meet the current moment but exceed expectations.

We can reach shared goals by promoting workable 45Q tax credits, encouraging and supporting innovation happening right here on rare earth elements and enhanced oil recovery, and investing in an all-the-above energy strategy.

There’s an easy road map for energy, national, and economic security at our fingertips but the signals from the Biden Administration send a chilling effect to American energy producers. It would rather shut down domestic energy production and plead with despots and dictators than consider the solutions and success from here in North Dakota to meet the world’s energy demands.

Harvard Journal of Law & Public Policy Publishes Essay on Restoring States’ Rights and Adhering to Cooperative Federalism in Environmental Policy

I wrote an essay for the Harvard Journal of Law & Public Policy on restoring states’ rights and adhering to cooperative federalism in environmental policy, examining the Clean Air Act, specifically Section 111(d), the Clean Water Act, Waters of the United States, and the Water Supply Rule.

In my ten years as a state regulator, six years as a U.S. House member, and now three years as a U.S. Senator, I have seen time and again the imposition of the federal government’s mediocrity on North Dakota’s excellence.

Over the years, cooperative federalism has been understood as the relationship between the states and the federal government, with heavy deference towards the latter. Common sense would infer this to mean states should cooperate with the federal government when in reality the foundation of federalism is the exact opposite.

In theory, cooperative federalism and environmental policy should peacefully and easily coexist. Yet environmental statutes have been repeatedly used by administrations to federalize natural resources policy. This enables not-so-thinly-veiled federal power grabs under the guise of protecting the environment.

Restoring the rightful place of cooperative federalism requires a major re-prioritization of responsibilities of the Legislative and Executive Branches. Legislators must be tasked with more prescriptive lawmaking to precisely define congressional intent. This, in turn, will provide better direction to Executive Branch agencies to execute their mission in the absence of an emboldened bureaucracy.

Meeting with Type 1 Diabetes Advocates

I had a good meeting with Type 1 Diabetes advocates at the end of June and hear their families’ stories firsthand. Thank you for taking the time to visit!

Concerns Raised About Immediate Lawsuit by Radical Environmentalists Following Bureau of Land Management Onshore Lease Sale

The better late than never onshore lease sale on June 30 demonstrates not only the attractiveness of the Bakken, but also the dire need for domestic oil and gas production amidst soaring inflation, skyrocketing gas prices, and a hostile Administration.

Energy producers paid up to $2.3 million each for 15 parcels in North Dakota. This provides critical dollars for the state and local communities in addition to good-paying jobs, while increasing the supply of energy, which is in high demand. The Administration should hold more lease sales and offer more parcels industry is looking to develop.

Radical environmentalist groups, however, are challenging this long-overdue lease sale – the very first of the Biden Administration – hoping to stop responsible energy development in the U.S. altogether.

The Department of the Interior recently revived secretive sue and settle tactics. Considering this Administration’s open disdain for lawful leasing, Americans should pay close attention to the likely payouts to Biden’s obstructionist friends.

The call for a cumulative environmental impact analysis for all June quarterly lease sales is driven solely by wishes to stop fossil fuel production in a time when the world is in such desperate need for it. A very dangerous precedent could be set here.

It has broader implications including weakening national security, obstructing any chance at energy independence, cutting off important revenue for North Dakota and the country, and hampering global climate goals by shifting production to countries like Russia, Venezuela, and Iran. This is not in North Dakota’s interest nor the country’s interest.

Legislation Introduced to Allow COVID-19 Money to be Used to Harden Schools

I co-sponsored Senator Roger Marshall (R-KS) and Congressman Mike Garcia’s (R-CA) Safe Schools Act, which allows COVID relief dollars allocated to schools through the Elementary and Secondary School Emergency Relief Fund to be used by schools to harden themselves with physical security measures, such as locks, panic buttons, individual room security systems, video surveillance, and hiring and paying the salaries of armed school resource officers.

With billions of dollars in existing COVID-19 funding unspent, schools should be able to leverage those dollars to improve the safety and security of these “soft targets.” The Safe Schools Act repurposes already allocated dollars to help ensure students and teachers have nothing to fear in the classroom.

Letter Outlines Concerns About Provisions of USICA and Recommends Changes to Better Compete with China

Last week, I joined a letter to the Senate Conference Committee members appointed to reach an agreement related to H.R. 4521, the United States Innovation and Competition Act (USICA). The letter outlines concerns with provisions in the bill which would strip away tools for competing with China, and proposes changes to incentivize domestic investment.

Economic competition with China is the single most important geo-political issue facing the United States.

Resolution Celebrates Pro-Life Movement and its Volunteers

I helped introduce a resolution celebrating the pro-life movement on its historic victory in Dobbs v. Jackson Women’s Health Organization.

The resolution celebrates the millions of pro-life volunteers standing up to protect life, the return of states’ rights and power, and cites Roe v. Wade as judicial activism with no grounding in the text of the Constitution of the United States.

Independence Day Message

Happy Independence Day! On this 4th of July, let’s celebrate America’s greatness while always remembering that freedom isn’t free.

The heartbreaking Russian invasion of Ukraine earlier this year has been a stark reminder to all of us. Let’s support and pray for our freedom-loving allies and be grateful for the freedom, democracy, and liberty synonymous with the adoption of the Declaration of Independence on this wondrous day in 1776. God bless the United States of America.

Rail Companies Issue Status Reports on Grain Car Backlog

I announced BNSF Railway and Canadian Pacific Railway publicly filed weekly grain backlog status updates as required by the U.S. Surface Transportation Board. A summary of the reporting data specific to North Dakota for the last 10 weeks is below.

Grants for North Dakota

North Dakota Airports Receive $1.9 Million from the Bipartisan Infrastructure Law

The Federal Aviation Administration awarded a total of $1,865,085 in funding from the bipartisan Infrastructure Investment and Jobs Act to North Dakota airports.

This funding from the bipartisan Infrastructure Investment and Jobs Act is another win for our state. These dollars will specifically aid projects to improve North Dakota’s airports.

The funding will be used to repair runways, rehabilitate hangars, reconstruct taxiways, and modernize airport infrastructure.

• $1,467,085 to Grand Forks International Airport
• $159,000 to Bowman Municipal Airport Authority
• $159,000 to Mandan Municipal Airport Authority
• $80,000 to Parshall Municipal Airport Authority

Mott Municipal Airport Receives $380,000 from New Airport Terminal Program Created by Bipartisan Infrastructure Law

The Federal Aviation Administration awarded Mott Municipal Airport $380,000 in funding from the bipartisan Infrastructure Investment and Jobs Act.

This funding from the bipartisan Infrastructure Investment and Jobs Act is another win for North Dakota. Small airports are important in our rural landscape and these dollars will improve and upgrade the Mott Municipal Airport.

The funding will be used to design and construct a new general aviation terminal. This project will replace an existing facility that was constructed in the 1960s as part of a T-Hangar that is now barely serviceable.

The funding comes from the FAA’s Airport Terminal Program, created by the Infrastructure Investment and Jobs Act.

Federal Aviation Administration Awards $5.5 Million to North Dakota Airports

The Federal Aviation Administration awarded a total of $5,547,013 to multiple airports within the state of North Dakota for runway installation, construction, rehabilitation, and assessments.

• $1,741,022 to Grand Forks International Airport
• $1,681,000 to Glen Ullin Municipal Airport Authority
• $941,738 to Lisbon Municipal Airport Authority
• $418,353 to Edgeley Municipal Airport Authority
• $386,100 to Jamestown Airport Authority
• $188,800 to Rolla Municipal Airport Authority
• $150,000 to Parshall Municipal Airport Authority

U.S. Department of Agriculture Rural Development Awards $5 Million to North Dakota Tribes

The U.S. Department of Agriculture Rural Development awarded a total of $5,000,000 to North Dakota tribes in water and waste grants.

• $3 million to the Standing Rock Sioux Tribe to install a water main from Kenel, South Dakota to the North Dakota border to benefit the residents of the Standing Rock Sioux Tribe.
• $2 million to the Turtle Mountain Band of Chippewa Indians to install water supply and sewer system pipes for the residents of the Turtle Mountain Band of Chippewa Indians in Belcourt, North Dakota.

Department of Health and Human Services Awards $2 Million to NDSU for Pancreatic Cancer Research

The Department of Health and Human Services awarded a $2,088,884 grant to North Dakota State University’s Center for Diagnostic and Therapeutic Strategies in Pancreatic Cancer.

The funding comes from the Pharmacology, Physiology, and Biological Chemistry Research Program.

National Science Foundation Awards $1.5 Million to NDSU for Biological Sciences

The National Science Foundation awarded $1,469,211 to North Dakota State University.

The project, titled “Partnering with Rural and Low-income Students for Academic Success in the Biological Sciences,” will contribute to the national need for well-educated scientists, mathematicians, engineers, and technicians by supporting the retention and graduation of high-achieving, low-income students with demonstrated financial need at NDSU.