Geoscience Policy Monthly Review
july 2014
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congress
House hearing on EPA veto authority in Clean Water Act
July 15, 2014
On July 15, the House Transportation Subcommittee on Water Resources and Environment held a hearing to discuss the Environmental Protection Agency’s (EPA) permit veto authority under the Federal Water Pollution Control Act, otherwise known as the Clean Water Act. On June 12, Chairman Bob Gibbs (R-OH) introduced the Regulatory Certainty Act (H.R. 4854) to amend the Clean Water Act, limiting the veto authority of the EPA.
Chairman Gibbs stated that the EPA can veto a project even if it hasn’t violated a permit issued under Section 404, which regulates discharge of dredged or fill material into waters of the United States. Chairman Gibbs called the situation a “property rights issue.” In response, Ranking Member Timothy Bishop (D-NY) cited statistics that the EPA has only used its veto authority 13 times in the 2.5 million permits issued since the Clean Water Act was passed in 1972.
The majority of the witnesses, representing academia, industry, and nongovernment organizations, voiced objections to the alleged expansion of EPA authority. They stated that the process is a burden on transportation projects and new infrastructure, and has grown longer and more complicated, generating more civil suits. Only Mr. Parenteau, professor of law at Vermont Law School, contended that the EPA has interpreted its veto power exactly as it was stipulated in 1972. He contended that the EPA’s ability to veto a permit before, during, or after allocation “has been written into the rule since the beginning.” He stated that it has been exercised very rarely, with positive results.
The bill was approved by the committee and will now move on to the House.
Sources: House Transportation Subcommittee on Water Resources and Environment
Senate Democrats introduce COMPETES reauthorization bill
July 31, 2014
Senate Democrats introduced a bill that would fund science research and education and reauthorize the 2010 Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science (COMPETES) Reauthorization Act on July 31. The America COMPETES Reauthorization Act of 2014 (S. 2757), introduced by Sen. Jay Rockefeller (D-WV) and five Democratic cosponsors, would authorize stable funding and sustained increases for the National Science Foundation (NSF), the White House Office of Science and Technology Policy (OSTP), and the National Institute of Standards and Technology (NIST). The bill would provide increases to the NSF budget every year for the next five years, going from $7.65 billion in fiscal year (FY) 2015 to $9.9 billion in FY 2019.
S. 2757 differs in key ways from the House of Representative’s Frontiers in Innovation, Research, Science, and Technology (FIRST) Act of 2014 (H.R. 4186). The Senate bill would not set NSF funding at the directorate level and does not include a “national interest” requirement in the NSF grant review process. The FIRST Act places priority on biology, math, computers, and engineering programs while cutting funding for the geosciences and social, behavioral, and economic sciences. The Senate COMPETES Reauthorization Act does not cut funding and focuses on “robust support for basic research across a wide range of science and engineering fields.”
The bill will was referred to Commerce, Science, and Transportation Committee and will likely be considered when the Senate reconvenes.
Sources: E&E News, ScienceInsider, Senator Jay Rockefeller’s website
Senate Energy and Natural Resources Committee discusses revenue sharing
July 22, 2014
The Senate Committee on Energy and Natural Resources held a hearing to discuss revenue sharing for offshore drilling and access to federal lands on July 22.
During the hearing, Committee Chairwoman Mary Landrieu (D-LA) highlighted issues central to her state, suggesting that Louisiana receives less money from revenue sharing, the process of sharing leasing income from federal lands with states, than any other state relative to the resources that they produce.
Witnesses addressed the importance of revenue sharing to Louisiana. Charlotte Randolph, President of LaFourche Parish, explained how increased revenue sharing could benefit Louisiana and the country, citing the $9 billion per year that Port Fourchon, located in her parish, helps generate for the Federal Treasury. Ms. Randolph believes the federal government should help pay for the maintenance and improvement of the only highway that services Port Fourchon, given the importance of the road to national energy supplies.
Last year Chairwoman Landrieu and Ranking Member Lisa Murkowski (R-AK) introduced the FAIR Act of 2013, S. 1273, to reform revenue sharing relating to Outer Continental Shelf energy production. Chairwoman Landrieu is currently in a tough reelection race and this bill would bring more money to her home state of Louisiana.
Sources: Bipartisan Policy Center, E&E News, Senate Committee on Energy and Natural Resources
Updated 8/8/14
House hearing on U.S. Arctic policy discusses need for new icebreakers, stronger leadership
July 23, 2014
The House Subcommittee on Coast Guard and Maritime Transportation held a hearing on July 23 to discuss U.S. policy in the Arctic. Scientists and representatives from the military discussed the need for new icebreaker vessels and greater U.S. leadership in the Arctic.
In his opening statement, Chairman Duncan Hunter (R-CA) identified the need for a stronger U.S. presence in the Arctic, as melting ice reveals new resources, and navigable waters for the military to monitor. Ranking Member John Garamendi (D-CA) emphasized the geopolitical importance of an accessible and secure Arctic. Other Committee members cited the strategic importance of the Northern Sea Route, which allows ships to navigate the Arctic Ocean north of Russia and through the Bering Strait.
Witnesses from the Coast Guard and Navy explained the need for heavy icebreaker vessels in order to police activities in a more accessible Arctic. The only American icebreaker, the USCGC Polar Star, is already 7 years past its 30-year service lifespan. They also cited concerns that other nations—including non-Arctic nations like China—have invested in modern icebreaker fleets. Witnesses from The National Oceanic and Atmospheric Administration and the National Science Foundation reiterated the need for icebreakers to support scientific research. The Committee called on the federal agencies to increase funding for new icebreaker vessels within their jurisdictions.
Witnesses and Committee members agreed that U.S. policy in the Arctic needs to be more robust, including the need to ratify the United Nations Convention on the Law of the Sea (UNCLOS), which would ensure rights to resources in American continental shelf territory, and allow the U.S. legal recourse if a non-UNCLOS nation closes its sea lanes. Both parties expressed hope that the upcoming U.S. chairmanship of the Arctic Council for 2015-2017 could provide an opportunity for greater involvement in Arctic development.
Source: House Committee on Transportation and Infrastructure