BLM’s proposed Conservation and Landscape Health rule
On Wednesday, May 24, 2023, at 10:00 a.m., in Room 1324 Longworth House Office Building, the Committee on Natural Resources Subcommittee on Oversight and Investigations will hold an oversight hearing titled “Examining the Biden Administration’s Efforts to Limit Access to Public Lands.”
Witnesses:- Todd Devlin, Prairie County Commissioner, Terry, MT
- Dr. J.J. Goicoechea, DVM, Director, Nevada Department of Agriculture, Sparks, NV
- Travis Lingenfelter, Chairman, Mohave County Board of Supervisors, Kingman, AZ
- Stephanie Garcia Richard, New Mexico Commissioner of Public Lands Santa Fe, NM
On April 3, 2023, the BLM published in the Federal Register a proposed rule, Conservation and Landscape Health with a 75-day comment period. The proposed rule elevates conservation as a “use” within FLPMA’s multiple-use framework without Congressional authority. The BLM intends to pursue this through so-called conservation leases for both protection and restoration activities. This proposed rule would fundamentally change the way the BLM carries out its multiple use and sustained yield mandates. Numerous stakeholders have expressed concern that the Biden Administration will use this rulemaking to determine currently permitted activities on BLM lands, such as grazing, energy production, and recreation are incompatible with a conservation lease or areas identified as “intact landscapes.”
Energy Conservation Standards for Consumer Conventional Cooking Products
Subcommittee hearing entitled “Consumer Choice on the Backburner: Examining the Biden Administration’s Regulatory Assault on Americans’ Gas Stoves.”
Witnesses:- Alejandro Moreno (Invited), Acting Assistant Secretary, Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy
- Dr. Carolyn Snyder (Invited), Deputy Assistant Secretary for Energy Efficiency, Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy
- Matthew Agen, Assistant General Counsel, American Gas Association
- Ben Lieberman, Senior Fellow, Competitive Enterprise Institute
- Kenny Stein, Vice President of Policy, Institute for Energy Research
On February 1, 2023, the U.S. Department of Energy (DOE) issued a proposed rule entitled, “Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products,” which would set maximum annual energy consumption standards for conventional cooking tops.
On March 7, 2023, the Consumer Product Safety Commission issued a Request for Information on Chronic Hazards Associated With Gas Ranges and Proposed Solutions.
Homeland Security and Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations
FY24 Full Committee Markup – Homeland Security and Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Bills.
Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Subcommittee Mark (summary).The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies bill provides a non-defense discretionary total of $25.313 billion for programs under the jurisdiction of the Subcommittee, $532 million (2.1%) below the FY23 enacted level and $3.622 billion (12.5%) below the FY24 President’s Budget Request.
- FY 2024 USDA Budget request: $32.6 billion, slightly more than 16.9 percent increase, or $4.7 billion, above the 2023 enacted level
- Explanatory notes
- $4.6 billion of the Forest Service budget
- $3.2 billion of the Natural Resources Conservation Service budget
- $2.2 billion of the Farm Service Agency budget
- $1.3 billion in rural development services
- $0.5 billion in scientific research programs
The Homeland Security bill includes $91.511 billion in total discretionary appropriations for the Department of Homeland Security, including $62.793 billion within the bill’s allocation, $5.837 billion in discretionary appropriations offset by fee collections, and $20.261 billion as an allocation adjustment for major disaster response and recovery activities. The total, within the allocation, is $2.090 billion above the Fiscal Year 2023 level. For FEMA, the subcommittee mark provides $26.062 billion, which is $388.6 million above FY23 and $178.4 million above the request. It eliminates funding for the Emergency Food and Shelter-Humanitarian Program and its successor, the Shelter and Services Program, which administers funds to local governments and nongovernmental organizations to provide assistance to migrants and people experiencing homelessness.
The FY FEMA 2024 budget request is $30.2 billion, including $20.3 billion for the Disaster Relief Fund and $4.8 billion for the National Flood Insurance Program.
The FY 2024 Budget includes an increase to create a full-time, dedicated policy and coordination office to lead FEMA’s focus on climate adaptation, impacts, and lead coordination with FEMA program offices, the Federal Interagency, and SLTT partners in support of FEMA’s programs.
Never Ending Emergencies – An Examination of the National Emergencies Act
Subcommittee hearing to examine the National Emergencies Act.
Witnesses:- Soren Dayton, Director of Governance, Niskanen Center
- Satya Thallam, Policy Advisor, Arnold & Porter
- Elizabeth Goitein, Senior Director, Liberty and National Security Program, Brennan Center for Justice at New York University School of Law
The NEA establishes a framework to provide enhanced congressional oversight for measures taken in response to a national emergency declared by the President. It establishes procedures for declarations of national emergencies, requiring their publication and congressional notification of the measures to be invoked. Enacted in 1976 to rein in presidential emergency powers, the NEA provides a framework to apply whenever the President wishes to employ any “power or authority” granted by statute for use during a national emergency. The NEA further provides that a national emergency will end (1) automatically after one year unless the President publishes a notice of renewal in the Federal Register, (2) upon a presidential declaration ending the national emergency, or (3) if Congress enacts a joint resolution terminating the emergency (which would likely require the votes of two-thirds majorities in each house of Congress to override a presidential veto). Although one purpose of the NEA was to end perpetual states of emergency, the law does grant the President authority to renew an emergency declaration. There are currently dozens of national emergency declarations in effect, some of which have been renewed for decades. Almost all deal with economic sanctions with foreign countries.
Forests, Wildfire, and Timber Sales Legislation
On Tuesday, May 23, 2023, at 2:00 p.m., in Room 1324 Longworth House Office Building, the Subcommittee on Federal Lands will hold a legislative hearing on the following bills:
- H.R. 188 (Rep. McClintock), “Proven Forest Management Act of 2022”;
- H.R. 934 (Rep. McClintock), To require the Secretary of Agriculture to carry out activities to suppress wildfires, and for other purposes;
- H.R. 1450 (Rep. Fulcher), “Treating Tribes and Counties as Good Neighbors Act” for timber sales;
- H.R. 1726 (Rep. Tokuda), “Continued Rapid Ohia Death Response Act of 2023” for tree fungal outbreak;
- H.R. ___ (Rep. Moore of Utah), “FIRESHEDS Act”;
- H.R. ___ (Rep. Issa), “Direct Hire to Fight Fires”;
- H.R. ___ (Rep. Valadao), “Emergency Wildfire Fighting Technology Act of 2023”;
- H.R. ___ (Rep. Harder), “Fire Department Repayment Act of 2023”; and
- H.R. ___ (Rep. Neguse), “Forest Service Flexible Housing Partnerships Act of 2023”
Growing the Domestic Energy Sector Supply Chain and Manufacturing Base: Are Federal Efforts Working?
A subcommittee hearing to discuss the impact of federal programs and policies on the domestic energy sector supply chain.
Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA)
Witnesses:- David Howell, Acting Director and Principal Deputy Director, Office of Manufacturing and Energy Supply Chains (invited but declined)
- Diana Furchtgott-Roth, Director, Center for Energy, Climate, and Environment, The Heritage Foundation, and Adjunct Professor, George Washington University
- Jeremy Harrell, Chief Strategy Officer, ClearPath
- Ellen Hughes-Cromwick, Senior Resident Fellow for Climate and Energy Program, Third Way
- Kenny Stein, Vice President for Policy, Institute for Energy Research
The Subcommittee invited the MESC’s Acting Director David Howell to participate in the hearing, but the DOE refused, citing inadequate time to prepare testimony despite receiving notice of the request two weeks in advance. However, the DOE agreed to make Acting Director Howell available at a later date in June.
President’s FY 2024 Budget Proposal for the U.S. Bureau of Reclamation, U.S. Fish and Wildlife Service, National Oceanic and Atmospheric Administration, and the Power Marketing Administrations
On Tuesday, May 23, 2023, at 10:15 a.m., in Room 1324 Longworth House Office Building, the Committee on Natural Resources, Subcommittee on Water, Wildlife and Fisheries will hold an oversight budget hearing titled “Examining the President’s FY 2024 Budget Proposal for the U.S. Bureau of Reclamation, U.S. Fish and Wildlife Service, National Oceanic and Atmospheric Administration, and the Power Marketing Administrations”.
Witnesses:
Panel I- Camille Touton, Commissioner, U.S. Bureau of Reclamation, Department of the Interior
- John Hairston, Administrator and CEO, Bonneville Power Administration, Department of Energy
- Tracey LeBeau, Administrator and CEO, Western Area Power Administration
- Mike Wech, Administrator, Southwestern Power Administration, Department of Energy
- Virgil Hobbs, Administrator and CEO, Southeastern Power Administration
- Martha Williams, Director, U.S. Fish and Wildlife Service, Department of the Interior
- Jainey Bavishi, Deputy Administrator for the National Oceanic and Atmospheric Administration
$4.1 billion budget request for the U.S. Fish and Wildlife Service
The President’s Fiscal Year (FY) 2024 budget request for NOAA is $6.8 billion, a $407 million increase from the FY 2023 enacted level.1 The request seeks to build a climate-ready nation and ensure NOAA’s climate products and services are accessible and useful to all Americans. NOAA’s core mission and activities include weather forecasting, climate prediction, and management of fisheries, coastal and ocean resources, as well as cross-cutting research to support and advance these operational areas. NOAA carries out this mission through six major line offices:- National Ocean Service (NOS), responsible for mapping and charting coastal areas and providing other navigation support services.
- National Marine Fisheries Service (NMFS), responsible for stewardship of living marine resources through the conservation, management, and promotion of healthy ecosystems.
- Office of Oceanic and Atmospheric Research (OAR), responsible for research in support of most NOAA missions including atmospheric, coastal, and oceanic sciences, climate and air quality research, ecosystem research, and fisheries and marine mammal research. National Weather Service (NWS), responsible for weather forecasts and warnings.
- National Environmental Satellite, Data and Information Service (NESDIS), responsible for development and operation of satellites that monitor and transmit data for weather forecasting, climate prediction, space weather forecasting, and earth and ocean science research.
- Office of Marine and Aviation Operations (OMAO), manages a variety of specialized ships and aircraft for collection of oceanographic, atmospheric, hydrographic, and fisheries data.
Bureau of Reclamation FY 2024 Budget: $1.4 billion
- The budget proposal includes a $49 million request for the Lower Colorado River Operations Program, including $16.8 million to build on the work of Reclamation, Colorado River basin partners and stakeholders to implement drought contingency plans. It also includes $2.7 million for the Upper Colorado River Operations Program to support Drought Response Operations and $200.3 million to find long-term, comprehensive water supply solutions for farmers, families, and communities in California. The budget includes $62.9 million for the WaterSMART Program to support Reclamation’s collaboration with non-federal partners in efforts to address emerging water demands and water shortage issues in the West.
- A request of $57.8 million advances the construction and continues the operations and maintenance of authorized rural water projects. The budget request also provides $35.5 million for the Native American Affairs Program, which provides technical support and assistance to tribal governments to develop and manage their water resources.
- The budget includes $210.2 million for the Dam Safety Program to effectively manage risks to the downstream public, of which $182.6 million is for modification actions. Another focus area for infrastructure is $105.3 million requested for extraordinary maintenance activities across Reclamation.
- These funding amounts are included in the $1.3 billion budget request for Reclamation’s principal operating account (Water and Related Resources), which funds planning, construction, water conservation, efforts to address fish and wildlife habitat needs, and operation, maintenance and rehabilitation activities at Reclamation facilities.
- Additionally, funding of $33 million is requested to implement the California Bay-Delta Program and address California’s current water supply and ecological challenges, while $48.5 million is for the Central Valley Project Restoration Fund to protect, restore, and enhance fish, wildlife, and associated habitats in California’s Central Valley and Trinity River Basins.
- The request also provides $66.8 million for Policy and Administration to develop, evaluate, and directly implement Reclamation-wide policy, rules and regulation as well as other administrative functions.
There are four PMAs: The Bonneville Power Administration, the Western Area Power Administration, the Southwestern Power Administration, and the Southeastern Power Administration. Each PMA markets and delivers (via transmission lines) electricity generated at federal dams and reservoirs operated by Reclamation and the U.S. Army Corps of Engineers (Corps).
U.S. Department of Agriculture’s Natural Resources Conservation Service and Farm Service Agency
Subcommittee hearing for the purpose of receiving testimony from the U.S. Department of Agriculture’s Natural Resources Conservation Service and Farm Service Agency.
Witnesses:- Terry Cosby, Chief, Natural Resources Conservation Service, U.S. Department of Agriculture
- Zach Ducheneaux, Administrator, Farm Service Agency, U.S. Department of Agriculture
Markup of Environmental Permitting, Ocean Pollution, Disaster Relief, and other legislation
Full committee markup of the following legislation:
- H.R. 3399, Soo Locks Security and Economic Reporting Act of 2023 | View Text
- Amendment in the Nature of a Substitute (ANS) to H.R. 1836, Ocean Shipping Reform Implementation Act of 2023 | View Text
- Amendment in the Nature of a Substitute (ANS) to H.R. 3395, U.S. Supply Chain Security Review Act of 2023 | View Text
- Amendment in the Nature of a Substitute (ANS) to H.R. 886, Save Our Seas 2.0 Amendments Act | View Text
- Amendment in the Nature of a Substitute (ANS) to H.R. 2367, Truck Parking Safety Improvement Act | View Text
- H.R. 3013, Licensing Individual Commercial Exam-takers Now Safely and Efficiently Act of 2023 (LICENSE Act of 2023) | View Text
- H.R. 3318, To amend title 23, United States Code, to establish an axle weight tolerance for certain commercial motor vehicles transporting dry bulk goods, and for other purposes | View Text
- H.R. 3408, Developing Responsible Individuals for a Vibrant Economy Safe Integrity Act of 2023 (DRIVE Safe Integrity Act) | View Text
- H.R. 3316, To amend titles 46 and 49, United States Code, to streamline the environmental review process for major projects, and for other purposes | View Text
- H.R. 3365, Supply Chain Improvement Act | View Text
- Amendment in the Nature of a Substitute (ANS) to H.R. 1500, Intelligent Transportation Integration Act | View Text
- H.R. 915, Motor Carrier Safety Selection Standard Act | View Text
- H.R. 3317, Rolling Stock Protection Act | View Text
- H.R. 3372, To amend title 23, United States Code, to establish a safety data collection program for certain 6-axle vehicles, and for other purposes | View Text
- H.R. 2948, Carrying Automobiles Responsibly and Safely (CARS) Act | View Text
- H.R. 3447, To amend title 23, United States Code, to authorize a hydrogen powered vehicle to exceed certain weight limits on the Interstate Highway System, and for other purposes | View Text
- Amendment in the Nature of a Substitute (ANS) to H.R. 1796, Disaster Survivors Fairness Act of 2023 | View Text
- H. Con. Res. 43, Authorizing the use of the Capitol Grounds for the Greater Washington Soap Box Derby | View Text
Blocking EPA Tailpipe Pollution Rules
Rules Committee Hearing on H.R. 467, S.J. Res. 11, H.J. Res. 45.
- S.J. Res. 11 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Control of Air Pollution From New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards”