“Once again, the Administration is looking at policy through an urban filter, putting rural needs on a back burner,” said Rehberg, a member of the House Rural Education Caucus.  “In recent weeks, I’ve heard from dozens of Montana educators who asked me to fight for an increase in reliable formula funding, instead of competitive grants.  It’s not that they’re afraid of fair competition, it’s that rural communities don’t have the raw resources to compete against urban schools.  If you’ve only got a staff of two, you’re not going to be able to hire a full-time grant-writer.”

“Montana’s schools are committed to providing our children with a quality education, but switching from guaranteed formula funding to competitive grants will create a disadvantage for our students,” said Claudette Morton, Exec. Director, Montana Small Schools Alliance.  “I commend Mr. Rehberg for ensuring that rural schools have a voice at the table throughout this process, and I look forward to working with him to build an education system that works for all of Montana’s children.”

Rehberg also expressed concerns about the Administration’s proposals for turning around low-performing schools.  The four proposed models mandate a one-size-fits-all policy that would require low-performing schools to fire the principal, replace the teachers, lengthen the school day, change the curriculum or agree to become a charter school if they want to continue receiving federal dollars.  During the hearing, Rehberg asked if the Department of Education would be willing to work with his office and the House Rural Education Caucus to develop other turnaround models that are more realistic for rural schools.

“In regards to the current reauthorization, the Montana Rural Education Association is greatly concerned about the strategies suggested for turning around low-performing schools,” said Dave Puyear, Executive Director.  “Once again, we see the development of another “one size fits all” program that will not work in rural, frontier states like Montana.  Implementing this plan would be a disaster for a state like ours as it would destroy any chance low-performing schools have of recruiting talented educators.  I really appreciate Mr. Rehberg taking the time to solicit our input and pass it on to the Secretary.”

“While we all agree that we need to help low-performing schools improve, we can’t continue to force urban-based solutions on our rural schools,” said Rehberg.  “Rural schools face their own unique challenges and we need the Department of Education to provide Montana’s schools with the flexibility to solve these issues.  Mandating top-down solutions isn’t going to help turnaround Montana’s schools.”

Rehberg will continue to accept comments on the proposed changes to the Elementary and Secondary Education Act through March 24th.  These comments will be submitted to the House Committee on Education and Labor as they develop and implement changes to the current federal education guidelines.  Comments can be submitted by e-mail to montanaeducators@mail.house.gov.

“Even with a 40 vote advantage in the House, the policy that we’re being asked to support is so unpopular that Speaker Pelosi can’t find enough votes to pass it,” said Rehberg.  “Pelosi has given up even trying to talk about the merits of the bill, warning that the only way the American people could see what was in it was for Congress to pass it.”

The House Resolution Rehberg sponsored would require an up or down vote so that members of Congress would be held to account for their votes by their constituents.

“When a restaurant doesn’t put the prices on the menu, it usually means someone’s going to be upset when the bill comes,” said Rehberg.  “In this case, Congress is planning to stick Montana taxpayers with the bill for their government takeover of health care.  This isn’t how Democracy is supposed to work.”

“The Congressional Art Competition is a great way for Montana’s young artists to be recognized and rewarded for their talents,” said Rehberg, a member of the House Appropriations Committee. “Each year, I look forward to seeing how our state’s gifted young artists will bring some of Montana’s rich artistic tradition to the halls of the nation’s capital.”

Each Spring, the House of Representatives holds the Congressional Art Competition to recognize the outstanding artwork of one high school student from each congressional district by displaying their work for one year in the Cannon Tunnel in the U.S. Capitol.  The well-traveled Cannon Tunnel connects the U.S. Capitol Building with the House Cannon Office Building. It is used by members of Congress on their way to vote as well as thousands of tourists from around the world every year.

The University of Montana and the Savannah College of Art and Design (SCAD) in Georgia have both offered scholarships to this year’s winning artist who applies and is accepted to the respective institution.

The grand prize winner and a guest will also be invited to a Ribbon Cutting Ceremony and Reception in Washington, D.C. on June 17, 2010.

“In years past, Montana’s contribution has been among the best in the country,” said Rehberg.  “I’m sure this year will be no different.”

The competition is open to all students enrolled in a Montana high school or home-school equivalent. All submissions are due by Monday, April 23, 2010. The first runner-up’s entry will be displayed for the public in Rehberg’s Washington, D.C. office. Further information, including official rules, guidelines, and instructions for submission, can be found online at http://rehberg.house.gov under the Art Competition heading in the Services tab.

“When Montanans told me they were unhappy with the cost of health care, no one dreamed that Congress would respond by forcing them to buy insurance or risk going to jail,” said Rehberg, a member of the House Labor, Health and Human Services Appropriations Subcommittee.  “Montanans don’t need Washington D.C. telling them how to live and where to spend their money.  They certainly don’t need federal agents throwing them in jail if they disagree with federal bureaucrats.”

Speaker Pelosi is expected to force a vote on her health care package later this week.

“Earmarks have become the symbol for all the abuse and waste in Washington.  While every aspect of my own earmark process has been open and transparent at unprecedented levels, many of my colleagues weren’t as open.  That’s why I have joined in this effort to enact some spending reform.  This earmark moratorium won’t balance the budget by itself, however it is an important first step and demonstrates to the American people that we are serious about bringing true fiscal reform to Washington.

“Like the Montanans I’ve heard from, I’m upset about the dramatic increases in the budget and downright furious about all the new spending.  From taxpayer-funded bailouts for Fannie Mae & Freddie Mac, Bear Stearns, AIG, Banks and the auto industry totaling more than $1 trillion, to a $1 trillion so-called stimulus that only stimulated bigger government, to a $1.2 trillion government takeover of health care, this Congress can’t spend money it doesn’t have fast enough.  I’m proud to be the only member of Montana’s delegation who voted against all of these big spending plans and in favor of true fiscal responsibility.  Montanans are rightfully upset about these dramatic increases in spending, which is why I am an original cosponsor of a Constitutional Amendment to require the Federal Government to balance the budget.”

“The Little Shell have waited long enough for their rightful recognition,” said Rehberg, a member of the House Native American Caucus. “While the legislative process is almost always slow, after more than 30 years of waiting, we’re closer to the finish line than we’ve been in a long time.  We’ll keep fighting until we’re done.”

The Little Shell Tribe is made up of approximately 4,300 members, mostly in the Great Falls area. In 2000, the same year the tribe was recognized by the state of Montana, the Department of Interior issued a positive finding for the tribe making them eligible for recognition. Since then, little progress has been made due to bureaucratic obstacles. Rehberg’s bill expedites recognition through the legislative process.

The full letter is below:

Dear Chairman Rahall,

We request an expeditious markup for the following bills which are currently under consideration in the Committee on Natural Resources: the Duwamish Tribal Recognition Act (H.R. 2678), the Burt Lake Band of Ottawa and Chippewa Indians Reaffirmation Act (H.R. 1358), the Little Shell Tribe of Chippewa Indians Restoration Act (H.R. 3120), and the Chinook Restoration Act (H.R. 3084).

As Members of Congress, we have worked on these bills for many years, in some cases more than a decade.  Each of the tribes has contributed significantly to the culture, history, and character of the regions which we represent, and federal recognition would be a step toward righting a historical wrong.

We believe that these bills are ready to advance through the legislative process to a vote on the floor of the House.  On July 15, 2009, the Committee on Natural Resources held a hearing examining all four of these bills.  Concerns which arose from this hearing have since been addressed, and we believe that a markup should now be scheduled without delay.

We respectfully request a meeting to discuss how we may work with you and House Leadership to move this legislation to a final vote in Committee and on the House floor as quickly as possible.  We strongly believe in the importance and caliber of these bills.  Passage of these bills is of the highest priority for each of us, and we urge swift action by our colleagues in the House.

“Public input is certainly important, but it’s not enough if that input is ignored or comes after a policy has been written or implemented.  When it comes to executive action, we’ve already seen this Administration shoot first and ask questions later, and now that the sights are on millions of acres in Montana, the responsible action is to reassert congressional oversight, just like Wyoming has already done.”

“I think Montanans would be outraged to learn that huge national special interest groups with multi-million dollar endowments are bankrolling thousands of lawsuits with tax dollars meant for small businesses, individuals and non-profits,” said Rehberg a member of the House Western Caucus.  “It’s one thing to have access to the courts, but it’s another to force taxpayers to pay for it.  Since 1995, the federal government has inexplicably stopped tracking how it spends these funds, and it’s time to restore the transparency and accountability.”

Originally passed in 1980, EAJA was meant to help provide fair access to legal remedies for individuals, small businesses and non-profits with limited means.  It does this by reimbursing attorney’s fees for plaintiffs who sue the federal government if they win the case or settle out of court.  The original legislation required annual reports to Congress on the amount and nature of EAJA payments, but those reports ended in 1995.

Two private studies, one by a Wyoming law firm and another by Virginia Tech University, have shown that despite congressional intent to assist small organizations, some large environmental obstructionist groups appear to be the biggest beneficiaries of EAJA payments.  The Wyoming study, for example, found that more than 1,200 federal cases were filed in 19 states and the District of Columbia by just 14 environmental groups.  The cost to the taxpayer was $37 million.

The Open EAJA Act reinstates and consolidates tracking and reporting requirements under the Department of Justice (DOJ), and requires the DOJ to publish a public online, searchable database of EAJA payments.  It would also authorize an audit of the last 15 years, during which the fund has operated with absolutely no oversight.

“The hard working folks of the Montana Wood Products Association appreciate Rep. Rehberg signing on to the Open EAJA Act of 2010,” said Ellen Simpson, the Executive Vice President of the Montana Wood Products Association.  “Changes in EAJA are sorely needed to shine a bright light on obstructionists who have made a cottage industry out of suing the Forest Service to stop active management on Montana’s national forests.  The taxpayers have a right to know how their money is being spent and who benefits while the forests die.  The Open EAJA Act of 2010 will provide that information.”

“Even after the notoriety of the New Orleans levee failures in the aftermath of Hurricane Katrina, someone in the Army Corps of Engineers made the decision to stop certifying levees altogether,” said Rehberg, a member of the House Levee Caucus.  “That was the wrong decision, because it leaves struggling homeowners up a flooded creek without a paddle.  I’m working closely with the Corps to identify their concerns.  Once those are clear, I’ll be able to decide the best course forward, whether it’s legislative or administrative action.”

The Corps has traditionally certified levees that were originally built by the Corps and turned over to drainage districts.  The West Side Great Falls Levee, which was built by the Corps after a major flooding event in 1964, currently protects 1,000 homes near Great Falls.  Certifications were funded through the Inspection of Completed Works program. 

Failure of the Corps to certify levees in turn forces municipalities or private homeowners to contract with private engineering firms, which is often very expensive because of the potential liability for a levee failure.  In fact, there are no such firms in Montana that currently issue certifications.  If no action is taken, homeowners could be forced to purchase flood insurance because FEMA maps would show that no levees exist.

Although a major problem in Montana, this issue is by no means restricted solely to the Last Best Place.  The bipartisan Congressional Levee Caucus gives Rehberg a chance to amplify his concerns by teaming up with other members of Congress.  The Caucus Chairman, Rep. Rodney Alexander (LA-5), has indicated that levee certification is the number one priority for the Caucus.

“If these levies don’t get certified, our flood insurance costs will go sky high, while property values will fall,” said Sandy Mares, the Administrative Commissioner of the West Great Falls Flood Control and Drainage District.  “We all really appreciate Denny’s work on this important issue.”

“The scary part is that a lot of the folks who are in the path of the proverbial storm don’t even know it’s raining yet,” said Rehberg.  “We’ve got to work together to get this fixed, or Montanans are going to be fighting mad when their insurance rates increase.”

Letter below:

Dear Lieutenant General Van Antwerp and Assistant Secretary Darcy:

I’m writing in response to your testimony before the House Energy and Water Appropriations Subcommittee on February 24, 2010.  As Montana’s Congressman, I have concerns regarding the certification of levees in Montana and other states, and I would appreciate your agency’s attention to ensure these problems are recognized and addressed in a timely manner.

The West Side Great Falls Levee, which was built by the Corps of Engineers after a major flooding event in 1964, currently protects 1,000 homes near Great Falls, Montana.  The Levee was turned over more than two decades ago by the Corps of Engineers, and regular operations have fallen under the supervision of the West Great Falls Flood Control and Drainage District since that time. 

The Federal Emergency Management Agency (FEMA) is in the process of digitally re-mapping the area, which would require the Levee’s certification.  This re-mapping process is not unique to Montana, as it is occurring in other states across the nation.  Without a new certification, FEMA’s maps would show that no levee exists, requiring homeowners to purchase costly flood insurance through the National Flood Insurance Program (NFIP).

According to the City of Great Falls, which has approximately 550 parcels within the District worth millions of dollars in estimated property value, the Corps of Engineers has, historically, “certified the levees, and property owners within the district were assessed a small property tax to fund repairs and maintenance.”  Furthermore, the Commissioners of Cascade County recently sent my office a petition with the signatures of 810 property owners and members of the West Great Falls Flood Control and Drainage District requesting certification assistance.

The Corps of Engineers has traditionally certified levees that were built by the agency and turned over to drainage districts.  The alternative—contracting through private engineering firms—would be an unreasonable financial burden for jurisdictions seeking certification. 

In the Corps of Engineers’ testimony, the agency admitted that it previously worked with FEMA on accreditation, but that its main function is not to accredit levees and that accreditation is not a high priority.  Specifically, I have several questions in regards to this statement:

1. Does the Corps of Engineers believe it has sufficient authority and funding to conduct levee certifications?
2. It has come to my attention that the Corps of Engineers recently certified a levee in Missoula, Montana.  Although this structure is located within the Seattle District, why has the Omaha District failed to issue similar certifications within its jurisdiction, including the West Side Great Falls Levee?
3. In the Corps of Engineers’ budget request, the agency has requested $120,000 for the Inspection of Completed Works in Montana.  If appropriated, will these funds be used to conduct levee certifications in Montana? 
4. The Operation and Maintenance account, which funds the Inspection of Completed Works program within the Corps of Engineers’ budget, received $2.075 billion in last year’s stimulus bill in addition to its annual appropriation.  If budgetary constraints prohibit the Corps from issuing certifications, how much additional funding is necessary?

If the Corps of Engineers fails to certify levees affected by FEMA’s re-mapping efforts, hundreds of thousands of Americans would be forced to purchase costly flood insurance.  This would drastically increase the cost of homeownership for Americans during difficult economic times.  As such, I urge the Corps of Engineers’ attention to correct this matter and would appreciate feedback to ensure that accreditation becomes a top priority.

Thank you for your attention to this matter.  If you have further questions, please don’t hesitate to contact my office at (202) 225-3211.

Sincerely,

“For our ranchers, farmers and anyone who makes a living off the land, the ESA can be a four-letter word.  Every week, the Interior Department is taking drastic steps to interfere in the proven efforts of the local land owners and managers who are personally invested in safeguarding precious resources like sage-grouse.”