Mr. Speaker, I offer a motion to instruct. Mr. Speaker, I yield myself such time as I may consume. I rise today to speak on this motion to instruct the conferees on the energy bill. Mr. Speaker, sometimes the Republican Party is called the…
Mr. Speaker, I offer a motion to instruct.
Mr. Speaker, I yield myself such time as I may consume. I rise today to speak on this motion to instruct the conferees on the energy bill.
Mr. Speaker, sometimes the Republican Party is called the GOP. Well, I often wondered what that meant. It is clear from this energy bill that it means gas, oil and petroleum. And my motion would instruct the conferees to strike a section of H.R. 6 which represents a shameless payback to the oil and gas companies of this Nation.
This section, if my colleagues can believe it, Mr. Speaker, grants oil and gas companies a free pass from complying with the Clean Water Act, a free pass from complying with one of the major environmental laws that was passed in the 1970s. Under this section, oil and gas development and production sites, oil and gas development and production sites and construction sites do not have to worry about what their activities are doing to our water supply. No other industry in America gets this exemption; only the oil and gas development and production industry. And, they are under no obligation to control storm water runoff that would sully our beautiful lakes, rivers, and streams, and they suffer no consequences.
It must be nice for the oil and gas companies to have friends like that in Congress and in the White House, especially when these friends are members of the majority party, the GOP, gas, oil and petroleum, who, rather than dealing with the messy process we so often revere here and hold up as a model of democracy in the world, simply block out all those who would disagree with them. Heaven forbid anybody would bring up objections about the health of our water, not to mention the health of our people. The majority party, gas, oil and petroleum, has blocked out any dissenters right from the beginning on this bill.
One of my colleagues, the gentleman from Massachusetts (Mr. Markey), tried to introduce an amendment to strike this section, but he was ruled out of order and, get this, because the Committee on Energy and Commerce said it was not under their jurisdiction, but it was under the jurisdiction of the Committee on Transportation and Infrastructure, but that Committee on Transportation and Infrastructure never considered the bill. Talk about a Catch-22. And attempts to remove it on the floor of this House were thwarted by the Committee on Rules.
It is widely acknowledged that the majority did not allow the minority to participate, even in the conference committee, where the Senate and House meet to deal with their differences. So there was never a chance for honest debate of this section. This is what we call as a model for the world, a democracy.
So what do we have now, Mr. Speaker? A situation where oil and gas companies will be able to pollute our waters so that our children and grandchildren will not be able to use them. Our waters will be spoiled, our health will be threatened, but that is okay. We do not need clean water anyway, as long as we have our oil. And any suggestions that we invest more in renewable energies or in cleaner energies all were thrown out, and the handouts to the oil companies just keep getting bigger and bigger.
Right now, I encourage my colleagues to stop this insult to the environment and to the democratic process. We ought to vote ``yes'' on this motion to instruct and not to let the oil and gas companies pollute our waterways, and we should let the Nation know that we care about clean water.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I would yield myself 2 minutes to respond to the gentleman from Texas (Mr. Barton) who continues to throw dirt into this discussion.
It is true that the section of the Clean Water Act that the gentleman from Texas (Mr. Barton) referred to provides that permits are not required where stormwater runoff is diverted around mining operations or oil and gas operations and does not come into contact with overburdened raw material product or processed wastes. This was in recognition of the fact that there are several situations in mining and oil and gas industries where stormwater is already channeled around plants and operations in a series of ditches in order to prevent such pollution of the stormwater. But this section does not include any stormwater runoff that has been contaminated by contact with overburdened raw material where ends meet products, et cetera. The soils that are disturbed in drilling wells are both overburdened and waste products.
There is no evidence anywhere, even in the industry comments, that suggest that stormwater is routed around these drilling and construction sites as it is in the operation sites. In fact, what I wanted to bring in the argument is there is no evidence, even from the oil and gas industries, even from the GOP, that the stormwater flowing through the construction sites are free of sediments or other pollutants. That is what makes them contaminated.
Mr. Speaker, I yield 3 minutes to the gentlewoman from California (Ms. Woolsey).
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the gentleman from Texas (Mr. Green) continued to muddy the waters not only of this debate but of this Nation.
Let me quote from EPA's most recent national water quality inventory 2000 report which says siltation, siltation is one of the leading pollution problems in the Nation's rivers and streams. Siltation alters aquatic habitat, suffocates fish eggs and bottom dwelling organisms, and can interfere with drinking water treatment processes and recreational use of a river. Dirt, dirt, dirt. We are talking about pollution of our Nation's streams.
Mr. Speaker, I yield 3 minutes to the gentlewoman from California (Mrs. Capps).
Mr. Speaker, I yield 3 minutes to the gentleman from Arizona (Mr. Grijalva).
(Mr. GRIJALVA asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I keep hearing the gentleman from Texas saying that we should not disturb the development of oil and gas, and surely we must find sources of energy in this Nation.
What about alternative sources? And why does everyone other industry in America have to comply with this section of the Clean Water Act and not gas and oil if this motion does not pass.
Mr. Speaker, I yield such time as he may consume to the gentleman from Oregon (Mr. Blumenauer).
(Mr. BLUMENAUER asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself such time as I may consume.
I would tell the Rhodes scholar from Oklahoma that he needs some additional training in research. Staff that was here when the bill was written know the intent of Congress, and it is not as the gentleman described.
Let me respond to several of the arguments from the other side. If the provisions stays in the energy bill, it is a rollback of existing requirements for construction over five acres. That is what exists now, and this rolls it back, no matter what they say that this intended 10 years ago or whatever.
Our original intent in 1987 was to exempt storm water that was totally unpolluted. Storm water that was totally unpolluted was exempted. Storm water from construction is polluted, as we have heard from the gentleman from Oregon, and the gentleman from Texas knows that when there is no possibility of runoff into the waters of the United States one does not need a permit. Where all the storm water is kept on site, go do it; they do not need the permit.
So we are I think hearing justifications. We are hearing rationalizations of the destruction of our environment.
Mr. Speaker, other industries do not have this exemption from the Clean Water Act. In fact, many other companies, including mom and pop businesses with far fewer resources than the oil and gas industry that the Republican party tries to protect, every one of those businesses must take steps to reduce polluted storm water runoff from their construction activities. So why not oil and gas companies? Could it be because they spend every election cycle millions of dollars on campaign contributions?
These companies I think are getting a payback here in the form of special interest loopholes in the Clean Water Act that was stuck into the energy bill. In the last few years, they have given over $64 million to Federal candidates and their parties. It is a great payback that we have here in the energy bill for those contributions.
Mr. Speaker, environmental groups all across the Nation support this instruction: The Audubon Society, the American Rivers, the Center for International Environmental Law, Clean Ocean Action, Clean Water Action, Coastal Alliance, Defenders of Wildlife, Earthjustice, Environmental Integrity Project, Friends of the Earth, the Gulf Restoration Network, the League of Conservation Voters, the National Environmental Trust, the National Resources Defense Council, the Save the Dunes Council, the Sierra Club, The Ocean Conservancy, The Wilderness Society, the Union of Concerned Scientists and the U.S. Public Interest Research Group. The National League of Cities supports my instruction, and not only these environmental groups support the motion but hunting and fishing groups in America do, Trout Unlimited, the Izaak Walton League and the National Wildlife Federation.
It is clear that an exemption is being carved out to allow one business, one sector of our economy, one extremely powerful sector of our economy to buy its way out of the Clean Water Act. I think that is a terrible terrible thing to say to our Nation, that if one gives the campaign contributions they get exempted from the environmental protection that is required of everyone else.
Mr. Speaker, I would urge us to adopt this motion to instruct.
Mr. Speaker, I reserve the balance of my time.
I have someone to counter whatever the gentleman says.
Yes.
Mr. Speaker, will the gentleman yield?
Mr. Speaker, the gentleman said, if I heard him right, that he might be going over previously active fields, right, construction that were, am I to understand, active fields?
Mr. Speaker, if the gentleman would continue to yield, would there not be the possibility in active sites or previously at the sites benzene, toluene, other heavy metals? There would not be just dirt there?
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would say that the gentleman from Abilene, Texas (Mr. Stenholm) did such a good job for the gentleman from Texas (Mr. Barton) that they should have treated him better in the Texas redistricting law.
We have been told we ought to cry for some of these gas and oil producers and developers, and that these poor folks, we have to let them produce. I am told that the permit that would be needed for such a situation only takes 7 days. That is the law. I do not know what Members are talking about--6 months, or we will never be allowed to prepare the site. It is 7 days for the permit.
In an arid area such as the gentleman's, the law specifically waives the requirement for a permit. If there is no corrosive rain, there is no permit required. I would be tempted to say the gentleman is throwing red herrings across the debate, but with the gentleman's policies, the red herrings might all be killed so I will not.
Let me get to dirt.
I yield to the gentleman from Texas.
Mr. Speaker, I understand the gentleman's concerns. In California we have the same ones. Litigation is not the route that we wouldfavor. We would like a commonsense, as the gentleman from Texas kept saying, a commonsense law.
But dirt, siltation, is in fact the second leading polluting problem in our Nation's rivers and streams. It suffocates fish and eggs and bottom-dwelling organisms. It alters aquatic habitat, and interferes with drinking water and the recreational process of the river. So siltation is a real problem.
In conclusion, our country needs energy. We support its development, but clean water is as important as energy. It is vital for our economy and for our life itself. And the lands where the wells are drilled are the same lands that provide water for our ranchers and our city dwellers, as well as our fish and wildlife population.
The oil and gas industry say, and I have seen TV advertisements and full-page ads in magazines, that we can develop energy and protect the environment at the same time, and we agree with them. So why should Congress weaken environmental protection by writing a special exemption for one industry alone? I ask for approval of the motion to instruct.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.