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House Committee on Natural Resources: Nightmares of NEPA

April 25, 2018 — The following was released by the House Committee on Natural Resources:

Today at 2:00 PM EST, the Full Committee will meet to examine the weaponization of the National Environmental Policy Act (NEPA) and the implication of environmental lawfare.

Originally designed as a tool to protect the environment, NEPA has become a tool of obstruction, and in many cases, ironically, has caused more harm than good for the environment. Litigation activists, extreme environmentalists and special interest groups will do everything in their power to stop, delay or restrict federal projects, and the avenue created by the vague and ambiguous language of NEPA is their go-to weapon of choice in the courts.

Excessive lawsuits have led federal agencies to make environmental analysis documents “bullet-proof,” in fear of litigation. This “analysis paralysis” approach is costly to American taxpayers, lengthy and overall prevents critical projects from getting off the ground. Our nation’s environmental review and permitting process takes significantly longer than other Western democracies with comparable, stringent environmental protections. Germany, Canada and Australia are all able to approve most major infrastructure projects within TWO YEARS. Why should a developer invest in American projects or infrastructure where the threat of litigation and delay is so great, when they can go elsewhere? NEPA doesn’t just impact oil and gas development, but also renewable energy projects, infrastructure, water shortages in the West, and proper forest management to prevent catastrophic wildfires.

NEPA → Foreign Dependency on Energy

Earlier this year, our friends in New England received a late Christmas present from the Kremlin: Russian Natural Gas. The reason? A lack of infrastructure and pipelines to transport domestic energy. As long as extreme environmental groups continue to weaponize NEPA and halt energy infrastructure projects, our nation will continue to be dependent on foreign energy.

NEPA → Exacerbates the Western Water Crisis & Aging Infrastructure

The construction of desperately needed water infrastructure projects in the West is at a standstill. Why? NEPA. And because of this, we have a water supply today that falls short of meeting today’s need.

In one instance, it’s taken the Bureau of Reclamation and the California Department of Water Resources (DWR) 16 years and counting to study and approve the proposed Sites Reservoir, a new 1.8 million-acre-foot off-stream reservoir in northern California. Throughout the process, 52 alternative locations for the reservoir have been evaluated.  This potential project – along with others in the state – continue to be subject to seemingly endless studies necessitated by burdensome NEPA requirements more than a decade after they were initiated. Californians are still waiting for this project to be approved, while the opportunity to increase smart surface water storage remains gridlocked under environmental review.

NEPA → Wildfires

Lawson Fite, General Counsel of the American Forest Resource Council, who testified before the Committee last year, argues that a large percentage of lawsuits aren’t targeted as specific legal violations, but are instead used by self-proclaimed “environmental groups” to halt or prevent forest restoration activities.

Just last year, an extreme environmental organization used NEPA as a tool to sue and subsequently stop fire mitigation projects in Lincoln, Montana. Two wildfires ignited weeks later.

Learn more about the House Committee on Natural Resources by visiting their site here.

 

House Committee on Natural Resources to Examine the Weaponization of the National Environmental Policy Act

April 22, 2018 — WASHINGTON — The following was released by the House Committee on Natural Resources:   

On Wednesday, April 25, 2018 at 2:00 p.m. in 1324 Longworth House Office Building, the House Committee on Natural Resources will hold an oversight hearing titled, “The Weaponization of the National Environmental Policy Act and the Implications of Environmental Lawfare.”

WITNESSES:

Mr. James Coleman, law professor, Southern Methodist University Dedman School of Law

Ms. Melissa Hamsher, vice president of environmental health, safety and regulatory at Eclipse Energy Resources Corporation

Dr. Laura Watt, member of the Resilient Agriculture Group and professor, Department of Geography, Environment, and Planning at Sonoma State University 

Mr. Horst Greczmiel, former CEQ associate director of NEPA Oversight

WHAT:

House Committee on Natural Resources will hold an oversight hearing titled, “The Weaponization of the National Environmental Policy Act and the Implications of Environmental”

WHEN:

Wednesday, April 25, 2:00 p.m.

WHERE:

1324 Longworth House Office Building 

Visit the Committee Calendar for additional information once it is made available. The meeting is open to the public and a video feed will stream live at House Committee on Natural Resources.    

 

Subcommittee to Hold Hearing on Marine Conservation and Shark Fishery Regulations

April 16, 2018 — WASHINGTON — On Tuesday, April 17, 2018 at 1:00 p.m. in 1324 Longworth House Office Building, the Subcommittee on Water, Power and Oceans will hold a legislative hearing on three bills.  The purpose of the hearing is to amend marine conservation efforts and maintain sustainable shark fishery regulations.

  • H.R. 4528 (Rep. Darren Soto of Florida), To make technical amendments to certain marine fish conservation statutes, and for other purposes.
  • H.R. 5248 (Rep. Daniel Webster of Florida), To amend and enhance the High Seas Driftnet Fishing Moratorium Protection Act to improve the conservation of sharks. Sustainable Shark Fisheries and Trade Act.
  • ​H.R. 1456 (Rep. Edward R. Royce of California), To prohibit the sale of shark fins, and for other purposes. Shark Fin Sales Elimination Act of 2017.

WITNESSES:

Mr. Christopher Oliver, Assistant Administrator, National Marine Fisheries Service

Mr. Robert Heuter, Ph.D., Director, Center for Shark Research, Mote Marine Laboratory

Mr. John Polston, Owner, King’s Seafood

Mr. Vance Kondon, Assistant Manager and PADI Master Scuba Diver Trainer, Rainbow Reef Dive Center

Mr. Glenn Parsons, Ph.D., Biology Professor, University of Mississippi

WHAT:

Subcommittee on Water, Power and Oceans legislative hearing 

WHEN:

Tuesday, April 18, 1:00 p.m.

WHERE:

1324 Longworth House Office Building 

Visit the Committee Calendar for additional information once it is made available. The meeting is open to the public and a video feed will stream live at House Committee on Natural Resources.

 

Sean Horgan: House bill gives fishermen glimmer of hope

December 18, 2017 — From a literary standpoint, there really isn’t much to say about the Magnuson Stevens Fishery Conservation and Management Act. The plot is murky, the characters non-existent and the writing so dense and boring that you’d swear it was written by some Beltway wonks.

Oh wait, it was. Perhaps the movie will be better. Or even the re-authorized version.

Following five years of stultifying futility, Congress finally seems on the threshold of formally re-authorizing the law that governs the management of our nation’s federal fisheries.

Last Wednesday, the House Natural Resources Committee voted H.R. 200 (or if you’re not into the whole brevity thing, the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act) out of committee, setting the stage for a vote by the full House and, somewhere down the road, a clash with the Senate over whatever bill comes from the upper chamber.

But for now, the House bill has given commercial fishermen at least a glimmer of hope that their cries have carried from the wilderness and now are resonating in the halls of Congress.

The key word in all of this is flexibility.

Read the full column at the Gloucester Times

House Natural Resources Committee Passes Magnuson-Stevens Reauthorization

December 13, 2017 — WASHINGTON — The following was released by the House Committee on Natural Resources:

Today, the House Committee on Natural Resources passed H.R. 200, the “Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act.” Introduced by Chairman Emeritus Don Young (R-AK), the bill reauthorizes and modernizes the Magnuson-Stevens Act by implementing regional flexibility, tailored management practices and improved data collection for America’s federal fisheries.

“It has been 11 years since the Magnuson-Stevens Act was reauthorized and when we first passed this law, we saw tremendous success for the fisheries nationwide. Alaska is considered the gold standard of fisheries management and this industry is crucial to our local economy. I am proud to see my bill pass out of Committee today. This legislation will improve the management process by allowing regional fisheries to develop plans that match the needs of their area. Ultimately, this bill updates the Magnuson-Stevens Act to ensure a proper balance between the biological needs of fish stocks and the economic needs of fishermen and coastal communities,” Rep. Young stated. 

“America’s fisheries are governed by an outdated regulatory scheme and inflexible decrees imposed by distant bureaucrats. Fishermen and biologists on the ground should be partners in the formation of management plans, not powerless onlookers,” Chairman Rob Bishop (R-UT) said. “This bill provides flexibility so we can better meet local needs, expand economic activity and conserve ecosystems. Rep. Young has delivered a win for local management and I look forward to moving this bill through the chambers in the coming year.” 

Click here to learn more about the bill.


The following was released by the Democrats of the House Committee on Natural Resources:

Ranking Member Raúl M. Grijalva (D-Ariz.) today highlighted the broad-based economic and environmental opposition to H.R. 200, today’s highly partisan rewrite of the Magnuson-Stevens Act, which governs fisheries and fishing quotas across U.S. waters. The GOP bill is opposed by the Seafood Harvesters of America and a wide swathe of restaurants and individual commercial fisherman and by dozens of environmental groups, including the Alaska Wilderness League, Defenders of Wildlife, Earthjustice, the League of Conservation Voters, the National Audubon Society, Pew Charitable Trusts, the Ocean Conservancy and the Wilderness Society.

Opponents of the Republican bill have written a barrage of letters to Chairman Rob Bishop (R-Utah) and other Republican leaders, including Rep. Doug Lamborn (R-Colo.), who chairs the Subcommittee on Water, Power and Oceans, urging them to reauthorize the Magnuson-Stevens Act and abandon today’s bill, which was written by Rep. Don Young (R-Alaska) on highly partisan lines. The letters are available at http://bit.ly/2nYuEin.

“Republicans’ plan is to deregulate our oceans and fish everywhere until there’s nothing left, and we’re not going to let that happen,” Grijalva said today. “Ocean management is about sustainable use and enjoyment, not just making environmentalists unhappy. Like most of the bills advanced by the leadership of this Committee, this bill is extreme and has no future in the Senate. Until my counterparts decide to take the issues in our jurisdiction more seriously, we’re going to keep wasting time on unpopular bills that have no chance of becoming law.”

Grijalva also underscored the deep opposition to H.R. 3588, Rep. Garret Graves’ (R-La.) bill deregulating red snapper fishing in the Gulf of Mexico. Many letter-writers who oppose H.R. 200 also oppose Graves’ effort, which an alliance of chefs and restaurateurs noted in a Nov. 7 letter “could inadvertently result in significant overfishing and deprive our customers of one of their favorite fish.”

 

House Natural Resources Committee Announces Markup on 16 Bills

December 8, 2017 — WASHINGTON — The following was released by the House Committee on Natural Resources:

On Tuesday, December 12, 2017 at 5:00 PM in 1324 Longworth House Office Building, the Full Committee will hold a markup on the following bills:

  • H.R. 200 (Rep. Don Young), To amend the Magnuson-Stevens Fishery Conservation and Management Act to provide flexibility for fishery managers and stability for fishermen, and for other purposes.  “Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act”
  • H.R. 1157 (Rep. William R. Keating), To clarify the United States interest in certain submerged lands in the area of the Monomoy National Wildlife Refuge, and for other purposes
  • H.R. 1349 (Rep. Tom McClintock), To amend the Wilderness Act to ensure that the use of bicycles, wheelchairs, strollers, and game carts is not prohibited in Wilderness Areas, and for other purposes
  • H.R. 1350 (Rep. Richard M. Nolan), To modify the boundary of Voyageurs National Park in the State of Minnesota, and for other purposes;
  • H.R. 1675 (Rep. Suzan K. DelBene), To establish a national program to identify and reduce losses from landslides hazards, to establish a national 3D Elevation Program, and for other purpose.  “National Landslide Preparedness Act”
  • H.R. 2888 (Rep. Jason Smith), To establish the Ste. Genevieve National Historic Site in the State of Missouri, and for other purposes.  “Ste. Genevieve National Historical Park Establishment Act”
  • H.R. 3400 (Rep. Rob Bishop), To promote innovative approaches to outdoor recreation on Federal land and to open up opportunities for collaboration with non-Federal partners, and for other purposes.  “Recreation Not Red-Tape Act”
  • H.R. 3588 (Rep. Garret Graves), To amend the Magnuson-Stevens Fishery Conservation and Management Act to provide for management of red snapper in the Gulf of Mexico, and for other purposes.  “RED SNAPPER Act”
  • H.R. 4033 (Rep. Doug Lamborn), To reauthorize the National Geologic Mapping Act of 1992.  “National Geologic Mapping Act Reauthorization Act”;
  • H.R. 4264 (Rep. Rob Bishop), To direct the Secretary of the Interior to convey certain Bureau of Land Management land in Cache County, Utah, to the City of Hyde Park for public purposes.  “Hyde Park Land Conveyance Act”
  • H.R. 4266 (Rep. Bruce Poliquin), To clarify the boundary of Acadia National Park, and for other purposes.  “Acadia National Park Boundary Clarification Act”
  • H.R. 4465 (Rep. John R. Curtis), To maintain annual base funding for the Upper Colorado and San Juan fish recovery programs through fiscal year 2023, to require a report on the implementation of those programs, and for other purposes.  “Endangered Fish Recovery Programs Extension Act of 2017”
  • H.R. 4475 (Rep. Don Young), To provide for the establishment of the National Volcano Early Warning and Monitoring System.  “National Volcano Early Warning and Monitoring System Act”
  • H.R. 4568 (Rep. Raul R. Labrador), To amend the Geothermal Steam Act of 1970 to promote timely exploration for geothermal resources under geothermal leases, and for other purposes.  “Enhancing Geothermal Production on Federal Lands Act”
  • S. 825 (Sen. Lisa Murkowski), To provide for the conveyance of certain property to the Southeast Alaska Regional Health Consortium located in Sitka, Alaska, and for other purposes.  “Southeast Alaska Regional Health Consortium Land Transfer Act of 2017”
  • S. 1285 (Sen. Jeff Merkley), To allow the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians, the Confederated Tribes of the Grand Ronde Community of Oregon, the Confederated Tribes of Siletz Indians of Oregon, the Confederated Tribes of Warm Springs, the Cow Creek Band of Umpqua Tribe of Indians, the Klamath Tribes, and the Burns Paiute Tribes to lease or transfer certain lands.  “Oregon Tribal Economic Development Act”
WHAT: Full Committee Markup on 16 bills
WHEN: Tuesday, December 12
5:00 PM
WHERE: 1324 Longworth House Office Building

On Tuesday December 12, 2017, the Committee will convene at 5:00 P.M. in 1324 Longworth House Office Building for opening statements only. The Committee will reconvene on Wednesday, December 13, 2017 at 10:00 A.M. until 12:00 P.M. in the 1324 Longworth House Office Building.

Visit the Committee Calendar for additional information once it is made available. The meeting is open to the public and a video feed will stream live at House Committee on Natural Resources.

Bill could make drilling off N.C. coast more likely

December 5, 2017 — WASHINGTON — Congress is considering a bill that would expedite seismic testing and create a revenue sharing system for offshore drilling off the coasts of several states, including North Carolina.

The plan, H.R. 4239, dubbed the “SECURE American Energy Act,” has been met with criticism by environmental groups, but is in line with the Trump administration’s stated goals of expediting offshore energy exploration. It has been passed by the House Committee on Natural Resources, but has yet to receive a vote by the full chamber.

Congress would, according to the bill, have the sole power to establish moratoriums on offshore drilling and create National Marine Monuments. In markup documents, the bill is described as helping offshore operators who need significant advance warning help plan their future projects, allowing for more production.

Oceana, which has been involved in anti-drilling and seismic campaigns in Southeastern North Carolina, has criticized the package. The organization has expressed specific concerns about the parts of the bill looking at the Marine Mammal Protection Act.

Read the full story at the Wilmington Star

 

President Trump’s Monument Rightsizing: Myth vs. Fact

December 4, 2017 — The following was released by the House Committee on Natural Resources Chairman Rob Bishop:

Panic is gripping the Left. The President of the United States apparently has the audacity to enforce the Antiquities Act as it is written: he dares to confine monuments “to the smallest area compatible with proper care and management of the objects to be protected.”

President Trump has rightsized Bears Ears (BENM) and Grand Staircase-Escalante National Monuments, and now special interest groups will again attempt to lie, distort and, misrepresent their way to another ill-gotten political victory at the expense of local communities.

Here’s what they’ll say, and here’s why they’re wrong.

MYTH:  The President’s actions are illegal.

  • FACT: False. Propagators of this particular myth put themselves in the absurd position of claiming that one unilateral presidential action can bind every successor in perpetuity. If this seems more reminiscent of an autocracy than a constitutional democracy responsive to the demands of the people, that’s because it is. Not only canpresidents scale back monuments, they have done so on at least 18 other occasions. Two examples: President Taft reduced his own monument by 89% and Woodrow Wilson shrank Teddy Roosevelt’s by 50%.

MYTH: The President’s actions are unpopular.

  • FACT: Mischaracterization. Unpopular with whom? While many people, separated from the consequences, may support the monuments, the affected communities have been staunchly opposed to excessively large designations. For example in BENM, the San Juan County Commission, the state legislature, the local chapter of the Navajo Nation, the Governor, and every member of the state’s congressional delegation fought the original designation tooth and nail.

MYTH: The President’s actions represent another broken promise to tribes.

  • FACT: Wrong. It’s important to note that tribal support for the monument was not unanimous. Regardless, the original BENM proclamation did not bestow legal co-management, nor did it ever have the authority to do so. The council created by Obama’s designation had only an advisory role and no official decision-making power. Congress will act to provide legally enforceable tribal co-management.

MYTH: The President’s actions are an attack on our country’s treasured national parks.

  • FACT: Not true. Attempts to blur the distinctions between national monuments and national parks are fear-mongering lies. No national parks were under review and no national parks were reduced. National monuments and parks are unrelated classifications.

MYTH: The President’s actions will hurt local economies.

  • FACT: Incorrect. Most monuments, which are created without congressional consultation, lack the infrastructure to support public access and a robust tourism economy, while simultaneously stifling traditional economic uses. The Grand Staircase national monument designation, for example, resulted in a $9M loss to the local economy, according to a study conducted by Utah State University.

MYTH: The President’s actions are a boondoggle for the oil and gas industry.

  • FACT: Wrong. The land in question remains in federal ownership and subject to the same rigorous environmental reviews all such land undergoes. In any case, there really aren’t economically recoverable oil and gas resources in BENM. Framing this debate as energy vs. protection may be a useful cudgel for litigation activists, but that doesn’t make it accurate.

MYTH: The President’s actions will harm conservation in the area.

  • FACT: Way off. The Antiquities Act was never meant to be a landscape conservation tool. It was designed to protect antiquities. President Trump’s proclamation maintains protections for bona fide antiquities while respecting traditional land uses. These communities, more attached to the land than anyone, have been maintaining the land for generations.

MYTH: The President’s actions will leave antiquities and resources without any protections.

FACT: Nope. Everyone is concerned about looting and desecration of antiquities or sensitive areas. Here’s a novel idea: rather than focusing exclusively on these particular lands, what if we protected all antiquities on federal lands? Great idea, right? In fact, Congress has already done just that. In 1979 Congress passed the Archaeological Resources Protection of Act (ARPA). ARPA gave the federal government the power to impose severe fines and even imprisonment for looting. It protects ALL federal lands, with or without monument designation.

Learn more about the House Committee on Natural Resources by visiting their site here.

 

Bishop Statement on President Trump Protecting Antiquities in Utah, Addressing Past Executive Abuse

December 4, 2017 — WASHINGTON — The following was released by the House Committee on Natural Resources: 

House Committee on Natural Resources Chairman Rob Bishop (R-UT) issued the following statement:

“I applaud President Trump for recognizing the limitations of the law. Americans of all political stripes should commend him for reversing prior administrations’ abuses of the Antiquities Act and instead exercising his powers within the scope of authority granted by Congress.

“These new proclamations are a first step towards protecting identified antiquities without disenfranchising the local people who work and manage these areas. The next steps will be to move beyond symbolic gestures of protection and create substantive protections and enforcement and codify in law a meaningful management role for local governments, tribes and other stakeholders.”

REMINDER:

 Tomorrow, at 11:00 AM EST, Chairman Rob Bishop (R-UT), Rep. Chris Stewart (R-UT) and Rep. John Curtis (R-UT) will host a Pen & Pad to discuss President Trump’s visit to Utah and the introduction of related legislation. For reporters outside of Washington, D.C. there will be a call in number. In order to join in person or via phone, you must RSVP.

WHAT: Pen & Pad with Chairman Bishop, Reps. Stewart and Curtis
WHEN: Tuesday, December 5
11:00 AM EST
WHERE:

 

CALL:

TBD

 

Number: 1-888-998-7893

Passcode: PROTECTION

 

To RSVP, please contact Katie Schoettler at katie.schoettler@mail.house.gov.

 

Subcommittee to Review Extension of Endangered Fish Recovery Programs

November 29, 2017 — WASHINGTON — The following was released by the House Committee on Natural Resources:

On Wednesday, December 6, 2017 at 10:00 AM in 1324 Longworth House Office Building, the Subcommittee on Water, Power and Oceans will hold a legislative hearing on the following bill:

  • H.R. 4465 (Rep. John Curtis), To maintain annual base funding for the Upper Colorado and San Juan fish recovery programs through fiscal year 2023, to require a report on the implementation of those programs, and for other purposes.“Endangered Fish Recovery Programs Extension Act of 2017.”
WHAT: Subcommittee on Water, Power and Oceans Legislative Hearing on H.R. 4465
WHEN: Wednesday, December 6
10:00 AM
WHERE: 1324 Longworth House Office Building

Visit the Committee Calendar for additional information once it is made available. The meeting is open to the public and a video feed will stream live at House Committee on Natural Resources.

Learn more about the House Committee on Natural Resources by visiting their site here.

 

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