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Legislative Hearing Committee on Natural Resources U.S

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Legislative Hearing Committee on Natural Resources U.S H.R. 6344, ‘‘LOCAL ACT OF 2018’’; H.R. 6360, ‘‘PREDICTS ACT OF 2018’’; H.R. 6346, ‘‘WHOLE ACT OF 2018’’; H.R. 6354, ‘‘STORAGE ACT OF 2018’’; H.R. 6345, ‘‘EMPOWERS ACT OF 2018’’; H.R. 3608, ‘‘ENDANGERED SPECIES TRANSPARENCY AND REASONABLENESS ACT’’; H.R. 6364, ‘‘LAMP ACT OF 2018’’; H.R. 6356, ‘‘LIST ACT OF 2018’’; AND H.R. 6355, ‘‘PETITION ACT OF 2018’’ LEGISLATIVE HEARING BEFORE THE COMMITTEE ON NATURAL RESOURCES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION Wednesday, September 26, 2018 Serial No. 115–55 Printed for the use of the Committee on Natural Resources ( Available via the World Wide Web: http://www.govinfo.gov or Committee address: http://naturalresources.house.gov U.S. GOVERNMENT PUBLISHING OFFICE 31–631 PDF WASHINGTON : 2018 VerDate Mar 15 2010 13:14 Dec 18, 2018 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 J:\115TH CONGRESS\FULL COMMITTEE\9-26-18\31631.TXT DARLEN COMMITTEE ON NATURAL RESOURCES ROB BISHOP, UT, Chairman RAU´ L M. GRIJALVA, AZ, Ranking Democratic Member Don Young, AK Grace F. Napolitano, CA Chairman Emeritus Madeleine Z. Bordallo, GU Louie Gohmert, TX Jim Costa, CA Vice Chairman Gregorio Kilili Camacho Sablan, CNMI Doug Lamborn, CO Niki Tsongas, MA Robert J. Wittman, VA Jared Huffman, CA Tom McClintock, CA Vice Ranking Member Stevan Pearce, NM Alan S. Lowenthal, CA Glenn Thompson, PA Donald S. Beyer, Jr., VA Paul A. Gosar, AZ Ruben Gallego, AZ Rau´ l R. Labrador, ID Colleen Hanabusa, HI Scott R. Tipton, CO Nanette Diaz Barraga´n, CA Doug LaMalfa, CA Darren Soto, FL Jeff Denham, CA A. Donald McEachin, VA Paul Cook, CA Anthony G. Brown, MD Bruce Westerman, AR Wm. Lacy Clay, MO Garret Graves, LA Jimmy Gomez, CA Jody B. Hice, GA Nydia M. Vela´zquez, NY Aumua Amata Coleman Radewagen, AS Daniel Webster, FL Jack Bergman, MI Liz Cheney, WY Mike Johnson, LA Jenniffer Gonza´lez-Colo´n, PR Greg Gianforte, MT John R. Curtis, UT Cody Stewart, Chief of Staff Lisa Pittman, Chief Counsel David Watkins, Democratic Staff Director (II) VerDate Mar 15 2010 13:14 Dec 18, 2018 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 J:\115TH CONGRESS\FULL COMMITTEE\9-26-18\31631.TXT DARLEN CONTENTS Page Hearing held on Wednesday, September 26, 2018 ................................................ 1 Statement of Members: Biggs, Hon. Andy, a Representative in Congress from the State of Arizona, prepared statement of ................................................................... 92 Bishop, Hon. Rob, a Representative in Congress from the State of Utah ... 5 Prepared statement of ............................................................................... 7 Gosar, Hon. Paul A., a Representative in Congress from the State of Arizona, prepared statement of ................................................................... 60 Grijalva, Rau´ l M., a Representative in Congress from the State of Arizona ........................................................................................................... 3 Prepared statement of ............................................................................... 5 Huffman, Hon. Jared, a Representative in Congress from the State of California ....................................................................................................... 2 Johnson, Hon. Mike, a Representative in Congress from the State of Louisiana, prepared statement of ................................................................ 59 McClintock, Hon. Tom, a Representative in Congress from the State of California ................................................................................................... 69 Norman, Hon. Ralph, a Representative in Congress from the State of South Carolina .............................................................................................. 53 Tipton, Hon. Scott R., a Representative in Congress from the State of Colorado ......................................................................................................... 8 Westerman, Hon. Bruce, a Representative in Congress from the State of Arkansas .................................................................................................... 84 Young, Hon. Don, a Representative in Congress from the State of Alaska . 75 Statement of Witnesses: Dreher, Robert, Senior Vice President, Conservation Programs and General Counsel, Defenders of Wildlife, Washington, DC ........................ 25 Prepared statement of ............................................................................... 27 Questions submitted for the record ......................................................... 36 Johansson, Jamie, President, California Farm Bureau Federation, Sacramento, California ................................................................................. 16 Prepared statement of ............................................................................... 18 Renkes, Gregg, Director, Office of Policy Analysis, U.S. Department of the Interior, Washington, DC ...................................................................... 9 Prepared statement of ............................................................................... 11 Sauter, David, County Commissioner, Klickitat County, Lyle, Washington .................................................................................................... 21 Prepared statement of ............................................................................... 23 Wood, Jonathan, Attorney, Pacific Legal Foundation, Washington, DC ..... 38 Prepared statement of ............................................................................... 40 Additional Materials Submitted for the Record: Submissions for the record by Representative Bishop List of organizations and letters of support endorsing all nine bills .... 93 Morning Consult poll ................................................................................ 96 Submissions for the record by Representative LaMalfa Pit Resource Conservation District, Letter dated September 14, 2018 to Secretary Ryan Zinke ........................................................................ 97 Submissions for the record by Representative Grijalva Alaska Wilderness League et al., Letter dated September 25, 2018 to Rep. Grijalva ...................................................................................... 98 (III) VerDate Mar 15 2010 13:14 Dec 18, 2018 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 J:\115TH CONGRESS\FULL COMMITTEE\9-26-18\31631.TXT DARLEN IV Page Additional Materials Submitted for the Record—Continued Submissions for the record by Representative Grijalva—Continued Comments of Attorneys General of Massachusetts, California, Maryland, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia ......................... 103 Goodall, Dr. Jane, Testimony submitted for the record ......................... 48 GreenLatinos, Letter dated September 26, 2018 to Rep. Grijalva ........ 101 Hawkins, Rev. Jimmie R., et al., Letter dated September 25, 2018 to Members of Congress ........................................................................ 102 Union of Concerned Scientists, Letter dated September 25, 2018 to Rep. Grijalva .......................................................................................... 71 VerDate Mar 15 2010 13:14 Dec 18, 2018 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 J:\115TH CONGRESS\FULL COMMITTEE\9-26-18\31631.TXT DARLEN LEGISLATIVE HEARING ON H.R. 6344, TO AMEND THE ENDAN- GERED SPECIES ACT OF 1973 TO ENCOURAGE VOLUNTARY CONSERVATION EFFORTS, ‘‘LOCAL ACT OF 2018’’; H.R. 6360, TO AMEND THE ENDANGERED SPECIES ACT OF 1973 TO PRO- VIDE FOR GREATER CERTAINTY AND IMPROVED PLANNING FOR INCIDENTAL TAKE PERMIT HOLDERS, ‘‘PREDICTS ACT OF 2018’’; H.R. 6346, TO AMEND THE ENDANGERED SPECIES ACT OF 1973 TO PROVIDE FOR CONSIDERATION OF THE TO- TALITY OF CONSERVATION MEASURES IN DETERMINING THE IMPACT OF PROPOSED FEDERAL AGENCY ACTION, ‘‘WHOLE ACT OF 2018’’; H.R. 6354, TO AMEND THE ENDAN- GERED SPECIES ACT OF 1973 TO PROHIBIT DESIGNATION AS CRITICAL HABITAT OF CERTAIN AREAS IN ARTIFICIAL WATER DIVERSION OR DELIVERY FACILITIES, ‘‘STORAGE ACT OF 2018’’; H.R. 6345, TO PROVIDE FOR GREATER COUNTY AND STATE CONSULTATION WITH REGARD TO PETITIONS UNDER THE ENDANGERED SPECIES ACT OF 1973, AND FOR OTHER PURPOSES, ‘‘EMPOWERS ACT OF 2018’’; H.R. 3608, TO AMEND THE ENDANGERED SPECIES ACT OF 1973 TO RE- QUIRE PUBLICATION ON THE INTERNET OF THE BASIS FOR DETERMINATIONS THAT SPECIES ARE ENDANGERED SPECIES OR THREATENED SPECIES, AND FOR OTHER PUR- POSES, ‘‘ENDANGERED SPECIES TRANSPARENCY AND REASONABLENESS ACT’’; H.R. 6364, TO AMEND THE ENDAN- GERED SPECIES ACT OF 1973 TO INCREASE STATE AND LOCAL INVOLVEMENT IN MANAGEMENT PLANS, ‘‘LAMP ACT OF 2018’’; H.R. 6356, TO AMEND THE ENDANGERED SPECIES ACT OF 1973 TO PROVIDE FOR IMPROVED PRECISION IN THE LISTING, DELISTING, AND DOWNLISTING OF ENDANGERED SPECIES AND POTENTIALLY ENDANGERED SPECIES, ‘‘LIST ACT OF 2018’’; AND H.R. 6355, TO AMEND THE ENDANGERED SPECIES ACT OF 1973 TO DEFINE PETITION BACKLOGS AND PROVIDE EXPEDITED MEANS FOR DISCHARGING PETITIONS DURING SUCH A BACKLOG, ‘‘PETITION ACT OF 2018’’ Wednesday, September 26, 2018 U.S. House of Representatives Committee on Natural Resources Washington, DC The Committee met, pursuant to notice, at 2:11 p.m., in room 1324, Longworth House Office Building, Hon. Rob Bishop [Chair- man of the Committee] presiding. Present: Representatives Bishop, Young, McClintock, Gosar, Tipton, LaMalfa, Denham, Westerman, Radewagen, Bergman;
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