Geoscience Policy Monthly Review
may 2017
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natural resources
DOI is conducting a review of 27 national monuments
May 11, 2017
As directed by the President’s Executive Order 13792, the Department of the Interior (DOI) is conducting a review of certain national monuments created or expanded since January 1, 1996 under the Antiquities Act, in order to ensure the monuments were designated in accordance with the original objectives and requirements of the Act.
On May 11, DOI published a notice asking for public comments related to 27 National Monuments, including 5 Marine National Monuments, which cover more than 100,000 acres or may have been designated without sufficient public outreach and stakeholder coordination. The Marine National Monuments are being reviewed by the Department of Commerce (DOC), in consultation with DOI.
To ensure consideration, comments on the Bears Ears National Monument must be submitted before May 26, and comments related to all other national monuments under review must be submitted before July 10. Written comments may be submitted online here.
AGI submitted a letter to DOI in support of maintaining Bears Ears National Monument.
Sources: National Parks Service, Office of the Federal Register, White House Office of the Press Secretary
House Natural Resources Committee reviews long-standing federal land laws
May 24, 2017
The House Natural Resources Subcommittee on Oversight and Investigations held a hearing on May 24 to examine three major laws affecting the management of federal and tribal lands, as well as designated wilderness areas.
During the oversight hearing, members reviewed the government’s implementation of the Federal Land Policy and Management Act of 1976 (FLPMA) (P.L. 94–579), which directs the Secretary of the Department of the Interior (DOI) to develop, maintain, and, when appropriate, revise public land use plans. Another bill under review was the Indian Reorganization Act of 1934 (IRA) (P.L. 73-383), also known as the Wheeler-Howard Act or informally as the Indian New Deal. The IRA was enacted to reduce federal control of tribal lands by ending allotment – a policy authorizing the federal government to hold title to tribal lands in trust and distribute small pieces of land to individuals – and establishes a right to form tribal governments. Finally, the committee assessed the Wilderness Act of 1964 (P.L. 88-577), which establishes a National Wilderness Preservation System composed of federally owned “wilderness areas” as designated by Congress to preserve their natural resources for the use and enjoyment of the American people.
Representative Raùl Labrador (R-ID-1), Chairman of the Subcommittee on Oversight and Investigations, released a memo explaining that certain federal actions to implement these laws have resulted in burdensome regulations and other negative consequences, which fall onto state and local governments and the American taxpayers. According to witness testimony from Celeste Maloy, Deputy County Attorney of Washington County, Utah, FLPMA requires agencies to cooperate with local governments and consider local land-use plans in developing their resource management plans (RMP). In her experience, however, stakeholders are briefed during public meetings but are not invited to participate and exchange information. Napa County Supervisor Diane Dillon noted the need for a fair federal process with clear standards that will enable tribes and counties to work together as partners. Additionally, Kendra Pinto, Counselor Chapter House Member for Nageezi, MI, expressed that Congress and federal agencies should update RMPs to strengthen protections for tribal lands and balance energy development with other land uses.
Sources: Government Publishing Office, House Committee on Natural Resources, Library of Congress, National Parks Service
Good Samaritan cleanup bill receives positive feedback from committee
May 25, 2017
The House Natural Resources Subcommittee on Energy and Mineral Resources held a legislative hearing on a discussion draft of the Community Reclamation Partnerships Act (H.R.__) to be introduced by Representative Darin LaHood (R-IL-18). This legislation would streamline efforts to clean up abandoned coal mines throughout the U.S.
The Community Reclamation Partnerships Act would amend the Surface Mining Control and Reclamation Act of 1977 (SMCRA)– which gives states the primary responsibility for developing and implementing regulations for surface mining operations – to authorize partnerships between states and non-governmental organizations for reclaiming and restoring land and water resources that were adversely affected by coal mining activities before August 3, 1977. Currently, states apply for federal grants in order to perform reclamation and cleanup of abandoned mine lands (AMLs), but the Office of Surface Mining Reclamation and Enforcement estimates that more than $10 billion of work remains to be done. The bill would encourage Good Samaritan groups, or “community reclaimers,” to aid in the cleanup without indefinitely inheriting legal responsibility for the AMLs.
The discussion draft of the bill received generally positive feedback from members of the Subcommittee on Energy and Mineral Resources. As of May 25, the Community Reclamation Partnerships Act has not yet been introduced in the House of Representatives.
Sources: E&E News, Department of the Interior Office of Surface Mining Reclamation and Enforcement, U.S. House of Representatives