I yield myself such time as I may consume. Mr. Chairman, this is a sad day, a sad day for the environment and for America's great natural and cultural heritage. H.R. 2584, with its deep cuts in…
I yield myself such time as I may consume.
Mr. Chairman, this is a sad day, a sad day for the environment and for America's great natural and cultural heritage. H.R. 2584, with its deep cuts in important environmental and natural resource programs and shocking array of special interest riders and funding limitations, falls far short of meeting our responsibilities to protect and wisely use our Nation's natural resources.
The bill before the House today is more than $2 billion below the current spending level, and it's almost $4 billion below the President's request. It's even $324 million below the CR level of H.R. 1 that was passed by the House just in February.
Given the subcommittee's punishingly low 302(b) allocation, I do recognize the difficulties that Chairman Simpson of the subcommittee and Chairman Rogers of the full committee faced in crafting the bill. I do appreciate their efforts, Mr. Simpson's efforts particularly and Mr. Cole's, to protect funding for American Indian programs. I only wish that that protection could have extended to other important portions of this bill.
But as bad as the funding cuts are in this bill, what is most important is the extent to which the majority has filled this bill with extremist legislative riders and funding limitations. The bill is short on needed funds and long on antienvironmental riders.
H.R. 2584 is not so much a spending bill as the fulfillment of a wish list for special interests. Oil companies, cattle grazers, industrial agribusiness, miners, and those who wish to pollute our air and water for greater profit all have their special provisions tucked away into this bill. It is a dump truck of provisions for special interests.
In addition, this bill picks up where H.R. 1 left off and includes dozens of deep cuts in conservation and environmental protection programs, while the extractive or consumptive uses of our public lands are shielded from cuts and given a pass from complying with our Nation's landmark environmental laws. We continually hear from the majority that the pain of budget cuts has to be shared by all, but in this bill they have chosen winners and losers--the extractors and the exploiters and the despoilers of the forests are the winners and the animals and the people who depend upon clean air and water are the losers. The animals, the environment, the forests, the waterways, and humans who depend on clean air and water all lose.
This bill continues the majority's assault on the Environmental Protection Agency with deep cuts. After the EPA budget was cut by 16 percent in the current fiscal year, the majority is now proposing a further reduction of 18 percent for next year. In other words, a 34 percent cut in environmental protection. Cuts of nearly 40 percent are made to the clean water and safe drinking water grant programs, just at the time when the States and localities have run out of money to try to provide for clean water and to deal with storm water overflow and all of the plumbing infrastructure that is necessary throughout our country. When the majority says it wants to rein in the EPA, what they're really reining in is the ability to protect clean air and clean water. It also cuts more than 600 positions in EPA's regulatory workforce.
I am extremely disappointed at the majority's decision to prohibit funds for the Endangered Species Act listings and critical habitat designations. These are the vital first steps needed to begin the recovery process for 260 species currently at risk of extinction. Under the guise of sending a signal to the authorizing committee, this bill attacks the very heart of the Endangered Species Act. There are a great many unauthorized programs in this bill.
Wildlife programs overall are hard hit by this bill. State and tribal wildlife grants are cut by two-thirds, multinational species conservation by a fifth, and cooperative endangered species conservation by 95 percent. Even funding for the National Wildlife Refuge System will be cut by 7\1/2\ percent.
Our national parks and forests, wildlife refuges, wilderness areas, and other conservation units deserve better than what this bill provides. As stewards of these magnificent resources that were passed down to us, we have a responsibility to defend and preserve them for future generations. Spending reductions like the 78 percent cut to the Land and Water Conservation Fund, a nearly 80 percent cut to the Land and Water Conservation Fund to the lowest level it has ever been, and a 33 percent cut to the National Landscape Conservation System will place at risk some of our most precious resources.
I would also like to note that this bill is about more than our natural resources and the environment, and while the cultural activities and institutions are a small portion of the bill, they are a vital part of our communities and they do enhance our economy and our way of life. Yet these programs and activities would receive substantial cuts under this bill as well.
I am also struck by the contradictions contained in H.R. 2584. Here are just two examples:
On the one hand, the bill allocates millions of dollars to restore the Everglades in Florida, yet the majority includes a funding limitation that will permit the pollution of the Everglades. The bill also includes funding to deal with the continuing fallout from uranium mining on the Navajo Indian Reservation, yet it includes language that will expose Grand Canyon National Park and the millions of Americans who depend upon the Colorado River for their drinking water to the well-known dangers of uranium mining, and they give away the publicly owned uranium to a foreign-owned Asian mining company. Imagine, giving away publicly owned uranium to a foreign firm.
The list of legislative riders and funding limitations in the bill is long: National Environmental Policy Act waivers, limitations on judicial review, and the blocking of air and water pollution controls. Whole legislative texts have been dumped into this bill. These riders and limitations have nothing to do with deficit reduction and everything to do with carrying out an extreme ideological agenda.
Repealing environmental regulations doesn't save money; it costs money. Keeping toxins out of our air and water is a great deal cheaper than cleaning up the damage or dealing with the adverse health effects. Preventing the Deepwater Horizon disaster would have been far cheaper than having to clean it up after the fact.
Each rider or funding limitation seems designed to benefit one industry or another. These provisions have become the new earmarks, with 39 such provisions already in the bill, and more are going to be proposed to be added.
While this bill rewards businesses and industries that seek to delay or undermine environmental protections, it penalizes others who try to do the right thing. As just one example, American Electric Power recently announced it's going to stop work on a low-carbon, coal-fired power plant, carbon sequestration, showing it can work, but they're going to stop work on it in light of the pullback in regulating emissions related to climate change. They see what the Congress is doing, they see what their competitors are doing, so they've decided not to do the right thing because we're making it too expensive to do the right thing.
With the funding cuts and special interest provisions, it's no wonder that the Statement of Administration Policy on H.R. 2584 runs five pages with its veto threat. I concur with the administration's views on the bill and under general leave will submit the administration's statement.
We owe it to our constituents and our communities to protect the air we breathe and the water we drink, to protect public health from the dangers of mercury and arsenic and lead. Imagine, we have more than 500 coal-fired power plants in this country and they emit more than 78,000 pounds of mercury, and yet one drop of mercury will poison an entire lake.
That's what we should be looking to, and not tying EPA's hands. We ought to be good stewards of the abundant natural and cultural heritage passed down to us. President Johnson noted in 1964, and I'm going to quote, ``If future generations are to remember us with gratitude rather than contempt, we must leave them something more than the miracles of technology. We should be leaving them a glimpse of the world as it was in the beginning, not just after we got through with it.''
Mr. Chairman, H.R. 2584 falls far short of our responsibility to present and future generations. And so I obviously oppose the bill.
Statement of Administration Policy
H.R. 2584--Department of the Interior, and Related Agencies
Appropriations Act, 2012
(Rep. Rogers, R-KY)
The Administration strongly opposes House passage of H.R.
2584, making appropriations for the Department of the
Interior, environment, and related agencies for the fiscal
year ending September 30, 2012. The Administration is
committed to ensuring the Nation lives within its means and
reducing the deficit so that the Nation can compete in the
global economy and win the future. That is why the President
put forth a comprehensive fiscal framework that reduces the
deficit by $4 trillion, supports economic growth and long-
term job creation, protects critical investments, meets the
commitments made to provide dignity and security to Americans
no matter their circumstances, and provides for our national
security.
The Administration strongly opposes a number of provisions
in this bill, including ideological and political provisions
that are beyond the scope of funding legislation. If the
President is presented with a bill that undermines ongoing
conservation, public health, and environmental protection
efforts through funding limits or restrictions, his senior
advisors would recommend he veto the bill.
While overall funding limits and subsequent allocations
remain unclear pending the outcome of ongoing bipartisan,
bicameral discussions between the Administration and
congressional leadership on the Nation's long-term fiscal
picture, the Administration has concerns regarding the level
of resources the bill would provide for a number of programs
in a way that undermines core government functions,
investments key to economic growth and job creation, as well
as protection of public health and the environment and
preservation of our Nation's natural resource heritage,
including, but not limited to:
Department of the Interior (DOI)
Fish and Wildlife Service (FWS) Conservation Grants. The
level of funding provided to the North American Wetlands
Conservation Act and State and Tribal Wildlife grants, as
well as the termination of Neotropical Migratory Bird
Conservation Act grants, would threaten the ability of States
and private organizations to conserve and provide access to
habitat, undermining the conservation of game and non-game
species.
Safety Inspection Fees. The bill does not include user fees
to cover inspections of oil and gas production facilities
offshore and onshore. Without these fees, taxpayers, rather
than industry, would have to shoulder the cost of these
operations, which are critical to ensuring safe and
responsible energy development.
FWS Operations. The funding provided for operations would
seriously degrade the ability of FWS to maintain the network
of National Wildlife Refuges and fulfill other statutory
responsibilities. This would result in delays in
environmental compliance reviews, which could impede major
infrastructure projects, including road construction, water
delivery, and other federally funded projects that directly
benefit State and local governments.
Landsat. The bill does not provide funding to begin the
acquisition of the next Landsat satellite, ending a 40-year
stream of data that is used by Federal, State, local and
Tribal governments and the private sector to make informed
land and resource management decisions and to assess the
impacts of those decisions over time.
DOI and Department of Agriculture (USDA), Forest Service
Land and Water Conservation Fund (LWCF). The funding in the
bill for LWCF programs would deny willing sellers the
opportunity to sell land holdings, and severely impair the
ability of Federal, State, and local officials, as well as
private landowners, to preserve and manage areas important to
wildlife, recreationalists, and sportsmen and women.
Wildland Fire Suppression. The bill's funding for
suppression is substantially below the 10-year average, which
is the accepted method for calculating suppression
requirements. While the bill directs DOI and the Forest
Service to use emergency fire suppression balances to make up
the shortfall, this strategy carries high risk given the high
fire activity to date and the cancellation of balances in FY
2011 appropriations.
Environmental Protection Agency (EPA)
EPA Operating Budget. At the funding level provided, EPA
will be unable to implement its core mission of protecting
human health and the environment. Research necessary to
support this mission will be curtailed, and restoration of
key ecosystems such as the Great Lakes and the Chesapeake Bay
will be delayed.
State Revolving Funds (SRFs). The level of funding provided
in the bill would result in approximately 400 fewer
wastewater and drinking water projects, and impede EPA's
ability to reach the long-term goal of providing
approximately 5 percent of total water infrastructure funding
annually.
State Categorical Grants. The funding provided in the bill
for grants to States would impede States' ability to carry
out critical public health and environmental activities such
as air quality monitoring and water quality permitting. This
would greatly reduce core high-priority State environmental
programs at a time of declining State budgets.
Greenhouse Gas (GHG) Programs. The reductions in funding
for GHG programs and regulations severely limit actions the
Administration could take under current law to permit,
control, and monitor greenhouse gases and would block EPA's
efforts to reduce GHG emissions from vehicles and large
stationary sources.
Great Lakes Restoration Initiative (GLRI). The level of
resources for the GLRI would reduce the ability of Federal
agencies and their partners to clean up contaminated
sediments, fight invasive species, restore habitat, and
improve water quality in this critical ecosystem.
High Priority Ecosystems Funding. The level of funding
provided for the Chesapeake Bay would jeopardize the
successful clean-up of the Nation's largest estuary.
Responsible Energy Development and Oil Spill Response. The
level of resources in the bill would eliminate efforts to
increase the frequency of environmental compliance
inspections at oil facilities. In addition, the bill does not
include emergency transfer authority necessary to improve the
Government's ability to prevent and respond to oil spills.
Smart Growth. The bill terminates funding for EPA's Smart
Growth program, which contributes to efforts to assist
communities in coordinating infrastructure investments and
minimizing environmental impact of development.
National Endowment for the Arts (NEA).
The funding in the bill for the NEA, which is the largest
national funder of the arts in the United States, would cut
support for arts organizations across the country during a
time when private and State arts funding is also highly
constrained.
Council on Environmental Quality.
The Administration's ability to guide the Executive
Branch's environmental policies and programs will be
substantially reduced at the funding level in the bill.
The Administration strongly opposes problematic policy and
language issues that are beyond the scope of funding
legislation, including, but not limited to, the following
provisions in this bill:
Restrictions on Implementing the Endangered Species Act.
Preventing FWS from implementing key provisions of the
Endangered Species Act will only result in increased costs
and delays in the future.
Mountain Top Mining Reform. Preventing the Office of
Surface Mining from developing or implementing the stream
buffer zone rule could increase the risk of litigation and
potentially delay sustainable coal mining.
Mineral Withdrawal Prohibition. Prohibiting DOI from
restricting new mining claims on approximately 1 million
acres of Federal lands near the Grand Canyon will reverse a
temporary moratorium on new uranium and other mining claims.
The Secretary of the Interior is currently assessing the
impact to water quality in Grand Canyon National Park to
ensure that any future uranium or other mining activity in
the area does not lead to the human health and environmental
impacts seen from previous mining-caused contamination of
ground water and drinking water supplies.
Gray Wolves. The Endangered Species Act expressly gives the
public the right to challenge listing decisions. Restricting
judicial review of any published final rule to delist gray
wolves in Wyoming or the Great Lakes region from the
Endangered Species Act would deny the public an opportunity
to make sure that a future listing decision on gray wolves is
based on science.
Protecting Wilderness Characteristics Secretarial Order.
Prohibiting the Bureau of Land Management (BLM) from
implementing Secretarial Order 3310, which directs BLM to use
the public resource management planning process to designate
certain lands with wilderness characteristics as ``Wild
Lands'' is unnecessary given the Department's policy that
includes collaboration with stakeholders to identify public
lands that may be appropriate candidates for congressional
designation under the Wilderness Act.
Greenhouse Gas (GHG) Emissions from Stationary Sources.
Preventing EPA from regulating GHG emissions from stationary
sources would prevent the Agency from proposing or finalizing
new regulations to control GHG emissions from power plants
and petroleum refineries, increasing the risk of long-term
environmental consequences from GHG emissions. EPA is under
two settlement agreements to complete these rules in 2012.
Clean Air Act Permitting. Section 431(a)(2-4) of the bill
effectively overrides Federal and State- issued permits for
emissions from industrial facilities that are very large
emitters of greenhouse gases by stating that the Clean Air
Act's requirement to obtain a permit has no legal effect and
that no lawsuits may be brought against a facility due to
uncontrolled greenhouse gas emissions.
Light-Duty Greenhouse Gas Standards. Section 453 of the
bill undermines Executive Branch efforts to set standards
that will save consumers money at the pump and reduce GHG
emissions through increased vehicle fuel efficiency on Model
Year 2017-2025 Light-Duty Vehicles.
Utility Maximum Achievable Control Technology (MACT)/
Transport Rule. Section
462 of the bill blocks EPA from implementing its utility MACT
rule to control air toxics emissions, as well as the Cross-
State Air Pollution Rule controlling interstate transport of
nitrogen oxides and particulate matter emissions from power
plants. This provision interferes with the long-delayed
implementation of major air pollution rules covering
pollution from power plants.
Mountaintop Mining Coordination and Guidance. Section 433
of the bill prohibits implementing or enforcing an EPA/Army
Corps of Engineers (Corps)/Office of Surface Mining
coordination Memorandum of Understanding and EPA guidance on
the Clean Water Act/National Environmental Policy Act and
mountaintop mining. This issue is currently undergoing
judicial review and should be allowed to conclude without
congressional intervention.
Clean Water Act. Section 435 of the bill would stop an
important Administration effort to provide clarity around
which water bodies are covered by the Clean Water Act. The
Administration's work in this area will help to protect the
public health and economic benefits provided to the American
public by clean water, while also bringing greater certainty
to business planning and investment and reducing an ongoing
loss of wetlands and other sensitive aquatic resources. The
existing regulations were the subject of two recent Supreme
Court cases, in which the Court itself indicated the need for
greater regulatory clarity regarding the appropriate scope of
the Clean Water Act jurisdiction.
Outer Continental Shelf Drilling. Section 443 of the bill
limits EPA's Clean Air Act permitting authority for Outer
Continental Shelf drilling and would eliminate the Agency's
discretion in considering human health and environmental
protections when issuing these permits.
Integrated Risk Information System. Section 444 of the bill
withholds funding for EPA to take administrative action
following its assessment of risk for certain chemicals. This
provision would delay scientific assessment of environmental
contaminants and could delay regulatory or other Agency
actions designed to protect public health.
Limiting Compliance of the Endangered Species Act. Section
447 of the bill would prevent EPA from implementing a
biological opinion related to pesticides if the opinion
identifies modifying, canceling, or suspending registration
of a pesticide registered under FIFRA. This could undermine
efforts to protect species from being put into jeopardy from
a Federal project and could stop development and delay
issuance of permits.
Lead Renovation and Repair Rule. Section 450 of the bill
prohibits funding for EPA to implement the 2008 Lead
Renovation, Repair and Painting (RRP) rule, as amended, until
after industry develops and EPA approves different lead paint
test kits. This would undermine efforts to protect sensitive
populations from exposure to lead, a known toxin to children
and developing fetuses, during home renovation projects. The
currently available test kits allow renovators to comply with
the 2008 rule.
Reducing Emissions from Cement Facilities. The language
would prevent common sense deployment of technology that has
been around for decades that will improve public health by
reducing emissions of pollutants, including known carcinogens
such as dioxin, from cement facilities.
Fighting Fraud, Waste, and Abuse. Sections 449 and 451 of
the bill fall short of their intended purposes of protecting
the interest of the Nation's taxpayers. The Administration
looks forward to working with the Congress to achieve the
common goal of fighting fraud, waste, and abuse in Federal
contracts, grants, and other Federal assistance.
The Administration looks forward to working with the
Congress as the fiscal year 2012 appropriations process moves
forward to ensure the Administration can support enactment of
the legislation.
I reserve the balance of my time.