Document KXk0dyzaLr022GppzDzGqv7w

J LAS K A F O U N D A T i o i M P.O. Box 240605 Douglas, AK 99824 907.586.1 254 phone 907.463.3433 fax ftffoundation.org Neil MacKinnon President Rosemary Hagevig Vice President Joseph Kahklen Secretary Frank Bergstrom Treasurer Directors Corey Baxter Richard Burns Wayne Coogan Naomi Hobbs Scott Spickler JohnSandor Director Emeritus Denny DeWitt Executive Director April 19, 2018 The Honorable Scott Pruitt Administrator Environmental Protection Agency 1200 Pennsylvania Ave., N.W. Washington, D.C. 20460 Dear Administrator Pruitt, While we appreciate the many actions you've taken to date, we call upon you to direct the U.S. Environmental Protection Agency (EPA) to withdraw the `Proposed Determination Pursuant to Section 404c of the Clean Water Act for Pebble Deposit Area, Southwest Alaska' (AKA the Obama proposed pre permit veto) to remedy the Agency's prior overreach and bad public policy. The Obama 404c proposed pre-permit veto action utilized a blunt instrument of federal overreach in an attempt to block projects before they could go through the well-established federal permitting process. While the Corps of Engineers is now moving forward on its NEPA review of the Pebble permit, we believe that the EPA should never attempt to use this provision and it needs to be eliminated, which the Trump infrastructure plan proposes. The normal permitting process should be applied to all, including allowing Pebble to continue without the proposed veto continuing to hang over its head. Further, the Obama EPA pre-permit proposed veto on the Pebble Deposit area was based on incomplete, shoddy analysis and agency staff collusion with liberal environmental activists and other project opponents. The impact of this issue is far greater than just one mine. A pre-permit 404c veto eliminates due process and the well-established, transparent regulatory process for Clean Water Act permits. By proposing to rescind the Obama 404c Proposed Determination on mining in Alaska and then suspending that action, you have affirmatively let the proposed pre-permit veto stand. This gives the environmental left a new tool to eliminate projects they don't like under liberal administrations, and we all know that future EPA administrators will then point to you as a justification for them to use it again. Further, we welcome the Trump Administration's call to cut federal red tape in the infrastructure plan, including cutting back EPA's 404c veto authority to First Things First Alaska Foundation (FTFAF) is dedicated to preserving the economic viability and future of Alaska through education. There is a clear need to educate the public on the benefits of responsible economic development and natural resource management. Sierra Club v. EPA 18cv3472 NDCA Prod 1 ED 002061 00073553-00001 The Honorable Scott Pruitt April 19, 2018 Page 2 o f2 address the burden of duplicative regulatory approval for dredge and fill permits. Again, we appreciate your leadership on reducing the burdensome EPA regulations implemented by the Obama EPA and the stranglehold those regulations place on the United States of America. However, we are disappointed with your action on this issue and urge you to complete the withdrawal of the 404c `Proposed Determination' as soon as possible. Withdrawing it simply confirms your often-stated commitment to the rule of law and regular order in such proceedings. Sincerely Neil MacKinnon Board President cc: Michael Catanzaro Tate Bennett Samantha Dravis Chris Hladick Darrell Henry Tom Collins Sierra Club v. EPA 18cv3472 NDCA Prod 1 ED 002061 00073553-00002