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Oversight Hearing Committee on Natural Resources U.S. House of Representatives

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Oversight Hearing Committee on Natural Resources U.S. House of Representatives MODERNIZING NEPA FOR THE 21ST CENTURY OVERSIGHT HEARING BEFORE THE COMMITTEE ON NATURAL RESOURCES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION Wednesday, November 29, 2017 Serial No. 115–29 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 27–722 PDF WASHINGTON : 2018 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 11:42 Feb 28, 2018 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 J:\115TH CONGRESS\FULL COMMITTEE\11-29-17\27722.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 Cody Stewart, Chief of Staff Lisa Pittman, Chief Counsel David Watkins, Democratic Staff Director (II) VerDate Mar 15 2010 11:42 Feb 28, 2018 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 J:\115TH CONGRESS\FULL COMMITTEE\11-29-17\27722.TXT DARLEN CONTENTS Page Hearing held on Wednesday, November 29, 2017 ................................................ 1 Statement of Members: Bishop, Hon. Rob, a Representative in Congress from the State of Utah ... 1 Prepared statement of ............................................................................... 2 Denham, Hon. Jeff, a Representative in Congress from the State of California, prepared statement of ................................................................ 83 Grijalva, Hon. Rau´ l M., a Representative in Congress from the State of Arizona ...................................................................................................... 3 Prepared statement of ............................................................................... 4 Statement of Witnesses: Bear, Dinah, Former General Counsel, White House Council on Environ- mental Quality, Tucson, Arizona ................................................................. 19 Prepared statement of ............................................................................... 20 Questions submitted for the record ......................................................... 27 Bridges, Mike, President, Longview/Kelso Building and Construction Trades Council, Business Rep. IBEW 48, Portland, Oregon ..................... 10 Prepared statement of ............................................................................... 12 Howard, Philip K., Chairman, Common Good, New York, New York ......... 37 Prepared statement of ............................................................................... 38 Questions submitted for the record ......................................................... 44 Willox, Hon. Jim, Converse County Commissioner, Wyoming County Commissioners Association, Douglas, Wyoming ........................................ 6 Prepared statement of ............................................................................... 7 Additional Materials Submitted for the Record: American Road & Transportation Builders Association, Statement for the Record ...................................................................................................... 83 California Agricultural Commissioners and Sealers Association, Martin Settevendemie, President, Statement for the Record ................................ 89 GreenLatinos—The City Project, November 29, 2017 Letter to Chairman Bishop and Ranking Member Grijalva ........................................................ 93 Labor Council for Latin American Advancement, June 5, 2017 Letter to Ranking Member Grijalva ....................................................................... 95 List of documents submitted for the record retained in the Committee’s official files .................................................................................................... 96 (III) VerDate Mar 15 2010 11:42 Feb 28, 2018 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 J:\115TH CONGRESS\FULL COMMITTEE\11-29-17\27722.TXT DARLEN VerDate Mar 15 2010 11:42 Feb 28, 2018 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 J:\115TH CONGRESS\FULL COMMITTEE\11-29-17\27722.TXT DARLEN OVERSIGHT HEARING ON MODERNIZING NEPA FOR THE 21ST CENTURY Wednesday, November 29, 2017 U.S. House of Representatives Committee on Natural Resources Washington, DC The Committee met, pursuant to notice, at 10:01 a.m., in room 1324, Longworth House Office Building, Hon. Rob Bishop [Chairman of the Committee] presiding. Present: Representatives Bishop, Young, Gohmert, Lamborn, McClintock, Pearce, Gosar, Tipton, LaMalfa, Denham, Cook, Westerman, Graves, Hice, Radewagen, Johnson; Grijalva, Bordallo, Costa, Tsongas, Huffman, Lowenthal, Beyer, Torres, Barraga´n, Soto, and Gomez. The CHAIRMAN. The Committee on Natural Resources will come to order. The Committee today is having an oversight hearing entitled, ‘‘Modernizing NEPA for the 21st Century.’’ Under Committee Rule 4(f), any oral opening statements at the hearing are limited to the Chair, the Ranking Minority Member, and the Vice Chair. This will allow us to hear from the witnesses sooner. I am going to ask unanimous consent that all other Members’ opening statements be made part of the hearing record if they are submitted to the Clerk by 5:00 p.m. today. Without objection, so ordered. Let me start off with my opening statement, and then we will turn to Mr. Grijalva for his. STATEMENT OF THE HON. ROB BISHOP, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF UTAH The CHAIRMAN. Today, we are going to examine how to mod- ernize the National Environmental Policy Act. In 1969, NEPA was originally intended to be a tool to assess the impacts of government actions on the environment. Unfortunately, today it has become a sweeping regulatory framework that does the exact opposite. Like some of our other bedrock environmental statutes, they had a noble intent. But when you write something in an open-ended and vague manner of statutory language, it simply means that administra- tions and litigation can make it a far cry from what Richard Nixon signed back in 1969. The provisions of NEPA also created, for example, the CEQ, which came up with a sweeping climate change for regulatory guid- ance, voluntary guidance, which, fortunately, this Administration has been kind enough to rescind from the silly guidance that was originally established. The issue, though, for NEPA is that court orders and executive branch actions are not going to improve how the bill functions if Congress needs to act to enable some common-sense changes to correct the deficiencies that are in the way the law is being (1) VerDate Mar 15 2010 11:42 Feb 28, 2018 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 J:\115TH CONGRESS\FULL COMMITTEE\11-29-17\27722.TXT DARLEN 2 administered. The common refrain that we are hearing from Fed- eral agencies, as well as state and local governments and small businesses, is NEPA is used as a tool to slow or block needed infra- structure projects and rural development. Delays and duplications of environmental reviews added cost to the program, which drives up the cost of everything from milk to lumber to energy. Somebody has to pay for this gridlock, and it is the taxpayer. Environmental improvements take a backseat to paperwork and court settlements, and that is not what was in- tended decades ago, when this bill was first passed. There are some who are thinking this bill is perfect as it is; that attitude is simply short-sighted. The environment can have a re- view, and in a timely manner, and it does not have to be mutually exclusive. But it simply won’t happen unless Congress actually acts to clarify NEPA’s intent, its scope, and its limitations. There are multiple Executive Orders and agency attempts in the past few years to try to streamline NEPA. Congress is more than happy to have some oversight necessary in that process. But it is clear that Congress has to do the clarifications. There is a lesson for Congress with NEPA that when you pass vague, open-ended language, you open the door to controversy, legal challenges, and a legacy of unintended consequences. So, the purpose of our hearing today is examining ways of how we can fix a system that is not functioning the way it was in- tended. As noble as those intentions were, it just is broken. And we need to find a way of fixing it. Anything needs to be modernized as time goes on; this cries for that modernization. [The prepared statement of Mr. Bishop follows:] PREPARED STATEMENT OF THE HON. ROB BISHOP, CHAIRMAN,
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