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Oversight Hearing Committee on Natural Resources U.S EXAMINING IMPACTS OF FEDERAL NATURAL RESOURCES LAWS GONE ASTRAY, PART II OVERSIGHT HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON NATURAL RESOURCES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION Tuesday, July 18, 2017 Serial No. 115–16 Printed for the use of the Committee on Natural Resources ( Available via the World Wide Web: http://www.fdsys.gov or Committee address: http://naturalresources.house.gov U.S. GOVERNMENT PUBLISHING OFFICE 26–387 PDF WASHINGTON : 2017 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Mar 15 2010 08:43 Oct 05, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 J:\115TH CONGRESS\OVERSIGHT & INVESTIGATIONS\07-18-17\26387.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 Norma J. Torres, CA Rau´ l R. Labrador, ID Ruben Gallego, AZ Scott R. Tipton, CO Colleen Hanabusa, HI Doug LaMalfa, CA Nanette Diaz Barraga´n, CA Jeff Denham, CA Darren Soto, FL Paul Cook, CA A. Donald McEachin, VA Bruce Westerman, AR Anthony G. Brown, MD Garret Graves, LA Wm. Lacy Clay, MO Jody B. Hice, GA Jimmy Gomez, CA Aumua Amata Coleman Radewagen, AS Darin LaHood, IL Daniel Webster, FL Jack Bergman, MI Liz Cheney, WY Mike Johnson, LA Jenniffer Gonza´lez-Colo´n, PR Greg Gianforte, MT Todd Ungerecht, Acting Chief of Staff Lisa Pittman, Chief Counsel David Watkins, Democratic Staff Director SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS BRUCE WESTERMAN, AR, Chairman A. DONALD MCEACHIN, VA, Ranking Democratic Member Louie Gohmert, TX Ruben Gallego, AZ Rau´ l R. Labrador, ID Jared Huffman, CA Aumua Amata Coleman Radewagen, AS Darren Soto, FL Mike Johnson, LA Wm. Lacy Clay, MO Vice Chairman Rau´ l M. Grijalva, AZ, ex officio Jenniffer Gonza´lez-Colo´n, PR Rob Bishop, UT, ex officio (II) VerDate Mar 15 2010 08:43 Oct 05, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 J:\115TH CONGRESS\OVERSIGHT & INVESTIGATIONS\07-18-17\26387.TXT DARLEN CONTENTS Page Hearing held on Tuesday, July 18, 2017 ............................................................... 1 Statement of Members: McEachin, Hon. A. Donald, a Representative in Congress from the Commonwealth of Virginia ........................................................................... 4 Prepared statement of ............................................................................... 5 Westerman, Hon. Bruce, a Representative in Congress from the State of Arkansas .................................................................................................... 1 Prepared statement of ............................................................................... 3 Statement of Witnesses: Brandt, Patty, Resident, Eastmoreland Neighborhood, Portland, Oregon .. 28 Prepared statement of ............................................................................... 30 Leiter, Amanda C., Professor, American University, Washington College of Law, Washington, DC ............................................................................... 34 Prepared statement of ............................................................................... 36 Questions submitted for the record ......................................................... 39 Loveday, Amos J., Ph.D., Atchley Hardin Lane, LLC, Columbus, Ohio ...... 7 Prepared statement of ............................................................................... 8 Questions submitted for the record ......................................................... 11 Martin, Nikki, President, International Association of Geophysical Contractors, Houston, Texas ........................................................................ 42 Prepared statement of ............................................................................... 44 Questions submitted for the record ......................................................... 52 Additional Materials Submitted for the Record: American Cultural Resources Association, Duane E. Peter, President, July 18, 2017 Letter to Chairman Westerman and Ranking Member McEachin, submitted for the record by Rep. McEachin ............................ 73 List of documents submitted for the record retained in the Committee’s official files .................................................................................................... 74 (III) VerDate Mar 15 2010 08:43 Oct 05, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 J:\115TH CONGRESS\OVERSIGHT & INVESTIGATIONS\07-18-17\26387.TXT DARLEN VerDate Mar 15 2010 08:43 Oct 05, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 J:\115TH CONGRESS\OVERSIGHT & INVESTIGATIONS\07-18-17\26387.TXT DARLEN OVERSIGHT HEARING ON EXAMINING IM- PACTS OF FEDERAL NATURAL RESOURCES LAWS GONE ASTRAY, PART II Tuesday, July 18, 2017 U.S. House of Representatives Subcommittee on Oversight and Investigations Committee on Natural Resources Washington, DC The Subcommittee met, pursuant to notice, at 10:03 a.m., in room 1324, Longworth House Office Building, Hon. Bruce Westerman [Chairman of the Subcommittee] presiding. Present: Representatives Westerman, Gohmert, Radewagen, Gonza´lez-Colo´n; McEachin, Huffman, Soto, and Clay. Also present: Representative Graves. Mr. WESTERMAN. The Subcommittee on Oversight and Investiga- tions will come to order. The Subcommittee is meeting today to hear testimony on ‘‘Examining Impacts of Federal Natural Resources Laws Gone Astray, Part II.’’ Under Committee Rule 4(f), oral opening statements at hearings are limited to the Chairman, the Ranking Minority Member, the Vice Chair, and the Vice Ranking Member. Therefore, I ask unani- mous consent that all other Members’ opening statements be made part of the hearing record if they are submitted to the Subcommittee Clerk by 5:00 p.m. Hearing no objection, so ordered. I also ask unanimous consent that the gentleman from Louisiana, Mr. Graves, be allowed to sit with the Subcommittee and participate in the hearing. Hearing no objection, so ordered. I will now recognize myself for 5 minutes for an opening statement. STATEMENT OF THE HON. BRUCE WESTERMAN, A REP- RESENTATIVE IN CONGRESS FROM THE STATE OF ARKANSAS Mr. WESTERMAN. Today, we will examine the implementation of two significant laws: the Marine Mammal Protection Act, or the MMPA; and the National Historic Preservation Act, also referred to as NHPA. It is good to be back with the O&I Subcommittee. I served on this Committee last Congress. While this is my first hearing as the Chairman of the Subcommittee, this is the second hearing in a series that the Oversight and Investigations Subcommittee is hold- ing to examine the impacts of Federal natural resources laws that have stretched beyond Congress’ original intent. As a professional engineer and forester by trade, many of these issues hit close to home for me, and I am committed to pursuing (1) VerDate Mar 15 2010 08:43 Oct 05, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 J:\115TH CONGRESS\OVERSIGHT & INVESTIGATIONS\07-18-17\26387.TXT DARLEN 2 thoughtful oversight with a scientific approach using my profes- sional expertise. I look forward to working with Ranking Member McEachin and the other members of this Subcommittee. As this Committee has previously explored, numerous Federal laws allow the executive branch to enjoy far more power and exer- cise more discretion in implementing these laws than Congress ever intended. Last May, the Subcommittee held a hearing to discuss with those impacted how agencies were improperly implementing the Federal Land Policy and Management Act, the Indian Reorganization Act, and the Wilderness Act. As we continue our review, we have found other instances of Federal agencies expanding their roles through unclear and over- reaching regulations. In many of these cases, the expanded imple- mentation of these laws has led to inefficient and burdensome regulatory processes, excessive amounts of litigation, and overall adverse effects for the American taxpayer. The MMPA was enacted to minimize harm to marine mammals due to human behavior. Regulations to protect marine mammals, however, have become extremely restrictive and oppressive without yielding significantly greater protections for these species. For example, it is evident that the inefficient manner in which regulations are implemented under the MMPA has led to severe delays in permit issuances for entities wishing to carry out their operations, while sincerely ensuring the safety of marine mammals. One of our four witnesses today will describe how this lengthy and complicated process affects seismic surveyors’ efforts to explore our country’s critical offshore oil and gas resources. Seismic sur- veyors have a history of safely operating in our Nation’s oceans, while providing necessary information to initiate offshore energy production. We depend on such energy production for our country’s energy independence. Seismic surveyors, however, have faced a long, uphill battle in obtaining the necessary
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