Mr. Chair, I want to thank my colleague on the Energy and Commerce Committee for yielding me the time. I rise today in support of H.R. 2883, the Promoting Cross-Border Energy Infrastructure Act. The Presidential permitting process dates…
Mr. Chair, I want to thank my colleague on the Energy and Commerce Committee for yielding me the time.
I rise today in support of H.R. 2883, the Promoting Cross-Border Energy Infrastructure Act.
The Presidential permitting process dates back through many administrations, beginning with the administration of Ulysses S. Grant. The executive branch has taken the necessary steps to ensure our cross- border infrastructure with Canada and Mexico was constructed.
These past administrations, and even the current administration, were
forced to issue executive orders because Congress failed to act. Congress has the duty to regulate the commerce of the United States, and cross-border energy infrastructure projects fall well within that space.
Opponents of this bill argue the executive permitting process has worked well in the past. It is true that in the past the process has been proven effective. Unfortunately, cross-border decisions have now fallen victim to election year-cycle politics.
We cannot build infrastructure in this country or on the continent based on who sits in the White House, whether they be Democrat or Republican. It is Congress' responsibility to create regulatory rules by which infrastructure is constructed.
This bill will create a regulatory process at the Federal Energy Regulatory Commission, the Department of State, and the Department of Energy to permit cross-border infrastructure. It is not different than building roads, bridges, or railways. The Department of Transportation coordinates with the Federal, State, and local agencies to ensure projects are completed and the environment is protected. We will do the same thing for pipes and wires. We need to build electric transmission lines and pipelines to move resources from where they are to where they are needed.
The bill complies with the National Environmental Policy Act and requires a full environmental review of any cross-border facility including analysis of climate change impacts. More so, the entire length of the pipeline or electric transmission line will be reviewed for environmental impacts not just for the cross-border pipeline.
While there is some confusion on this issue, opponents of the bill talk about how we will gut the NEPA process--the National Environmental Policy Act. This is simply not the case. My colleague from Texas (Mr. Veasey) will offer a bipartisan amendment to the bill clarifying that the scope of the National Environmental Policy Act review shall not be limited in any way by this act.
The bill is about the future and how to meet energy demands for the 21st century. We should embrace the changes taking place in North America and harmonize our policies with those of our neighbors both to the north with Canada and to the south with Mexico, and this bill, if it becomes law, will do that.
Will the gentleman yield?
Mr. Chairman, I want to thank Congressman Mullin for partnering together.
Like he said, Texas and Oklahoma have a lot of things in common. We both are energy States. But believe me, the Red River does divide us on football.
Mr. Chair, there seems to be some confusion here that this bill takes away National Environmental Policy Act enforcement. That is just not true. In fact, during a committee hearing in the Energy and Commerce Committee, we produced a Congressional Research Service report that said that nothing in this bill will take away the responsibility for the NEPA process, the National Environmental Policy Act.
To make sure that every inch of those pipelines will be studied for environmental issues is not our intention. Our intention is just to move product. We will go through all the efforts.
Mr. Chair, I include in the Record a report from the Congressional Research Service that we got in committee.
[From the Congressional Research Service, May 2, 2017]
Memorandum
To: The Honorable Gene Green; Attention: Justin Ackley
From: Linda Luther, Analyst in Environmental Policy, ext. 7-
6852
Subject: Scope of NEPA Review Required for Federal Agency
Approvals
This memorandum responds to your request asking CRS to
clarify the scope of an environmental review prepared by
federal agencies under the National Environmental Policy Act
(NEPA). More specifically, you asked CRS to identify the
scope of environmental impacts that a federal agency would be
likely to evaluate before making a final decision on a
request to approve certain energy infrastructure projects
that would cross a United States border, such as the issuance
of a ``certificate of crossing'' that would be required in
the Promoting Cross-Border Energy Infrastructure Act
(discussion draft released April 25, 2017). This memorandum
identifies the range of environmental impacts that federal
agencies currently evaluate when demonstrating compliance
with NEPA. It also discusses current agency practices, for
similar projects, that generally involve the evaluation of
the environmental impacts of any new facilities constructed
in the United States (i.e., impacts that may occur as a
result of approving a cross-border energy infrastructure
project). Information in this memorandum may be used or may
have been used in other CRS products.
Before a federal agency can make a final decision on a
proposed federal action, NEPA requires that agency to
identify the proposal's effects on the ``quality of the human
environment.'' The scope and level of review required under
NEPA depends on whether those effects will be
``significant.'' To make that determination, each agency must
identify and evaluate the proposal's--
Direct effects--impacts caused by the project and occurring
at the same time and place, including impacts directly
associated with the construction and operation of the
facilities;.
Indirect effects--impacts that are later in time or farther
removed in distance, but still reasonably foreseeable; and
Cumulative effects--impacts on the environment that result
from the incremental impacts of the action when added to
other past, present, or reasonably foreseeable future
actions, regardless of what agency (federal or non-federal)
or person undertakes that other action.
If an agency is authorized to approve a cross-border
facility (e.g., issue a certificate of crossing for certain
energy infrastructure projects as in the proposed bill), that
agency's decision must be informed by appropriate
environmental review required under NEPA. As federal agencies
currently implement NEPA, the requirement to identify and
consider direct, indirect, and cumulative impacts has meant
that the agency evaluates the effects of siting, building and
operating the entire structure in the United States (not just
the cross-border segment they are authorized to approve).
That is, if a federal agency is authorized to approve a
cross-border project, that agency's existing NEPA practices
would likely continue to involve analysis of impacts
associated with the approval of the facility that physically
crosses the border, as well as any new facilities constructed
in the United States.
I hope this information is useful to you. Please feel free
to contact me if you have additional questions.
Mr. Chair, the other issue, though, is we are going to do belts and suspenders. That is an old saying I heard. We already had a belt, but now we are going to deal with an amendment from Congressman Veasey. We will make sure it is belts and suspenders and that the National Environmental Policy Act is applied to these pipelines, because that is not our intent.
So we not only have the Congressional Research Service saying it is, we are going to put language into this bill, and I understand it will be accepted by our side, to make sure that is there.
What we need to do is make sure that our closest neighbors, Canada and Mexico--right now, Mexico needs the natural gas that we are producing in Texas, Louisiana, Oklahoma, and New Mexico; but 20 years from now, our wells may be dry for natural gas, and
we will need that natural gas that Mexico will be producing when they work in northern Mexico.
So that is why we need to structuralize this, if we are really going to have a North American energy market for electric transmission like they do up in the New England States or electric transmissions even along the border in Texas. I know they do the same thing in southern California. We need to have some certainty with our closest neighbors.
We have a free trade agreement with these two countries. It is already decided it is in our national interest. Why would we set aside energy as something different? That is why this bill is so important.
Mr. Chair, I urge a ``yes'' vote for this legislation.
Mr. Chair, I rise in opposition to this amendment. In the United States today, there is 150 million acres of protected land set aside in the National Wildlife Refuge System for protected designation for America's fish, wildlife, and plants.
Conservation efforts like the National Wildlife Refuge System build up America's great conservation legacy that began with Teddy Roosevelt. Ensuring that future generations of Americans have access to these great traditions must be our priority as a body going forward.
In this 150 million acres of National Wildlife Refuge System land, though, there currently stretches 1,339 miles of pipeline already. Protecting our natural resources and building much-needed infrastructure are not mutually exclusive goals.
These pipelines are already there. They are not destroying the lands or their ecosystem or prohibiting the American people from enjoying access to this public land. Companies must pay the government for use of the land for pipelines. That money, in turn, goes into acquiring more land for conservation efforts and recreational use.
The Department of Transportation's review of safety accidents conducted under President Obama's administration showed that in addition to providing a substantial cost advantage, pipelines result in fewer spillage incidents and personal injuries than either road or rail.
As coal-fired power plants continue to shut down, the demand for natural gas, a lower emission alternative, is going to keep going up. Whether the gas is produced in Canada, Alaska, North Dakota, Pennsylvania, or the Gulf of Mexico, it will be used all over the country, and we need to ensure that a regulatory framework is in place that allows us to get this supply to where it is needed.
The amendment is a backhanded way to prevent any pipelines or electrical transmission infrastructure from being built.
Mr. Chair, I urge my colleagues to vote ``no'' on this amendment.
Mr. Chair, as the designee of Mr. Veasey, I offer an amendment.
Mr. Chair, again, this is Congressman Veasey's idea, and I am doing it for him because he couldn't be here.
Our intent when crafting the bill was never to reduce or limit the National Environmental Policy Act applicability when considering whether to approve a cross-border project.
Before a Federal agency can make a final determination on a proposed Federal action, the National Environmental Policy Act requires that the agency identify the proposal's effects on the quality of human environment and whether these effects will be significant.
To make this determination, Federal agencies identify and evaluate the direct and indirect cumulation of effects of the proposal. Direct effects are the impacts caused by the project occurring at the same time and place. Indirect effects are the impacts that are later in time or further removed but still reasonably foreseeable. And cumulative effects are impacts on the environment that result with incremental
impacts on the action, regardless of what person or agency undertakes that action.
The Federal agencies currently implement NEPA. The requirement to identify all three of these impacts has required the analysis of impacts to include not just the cross-border section of the project, but any new facility or structure constructed within the United States.
Our office had the bill analyzed by the experts at the Congressional Research Office, who confirmed that the underlying bill did not in any way limit the scope of future National Environmental Policy Act reviews under it. Under our language, they will continue to involve reviews of the entire project, not just that part that crosses the border section.
With that said, I have heard concerns from Members who are worried that the bill will limit the NEPA in some way. I am happy to support this bipartisan amendment with my colleague, Mr. Veasey, which unequivocally states that nothing in this act or the amendments made by this act shall affect the scope of any review required to be conducted by the National Environmental Policy Act of 1969.
I support this good faith amendment--and like I said earlier, it is belts and suspenders, but sometimes we need them to pass legislation-- and I urge my colleagues to do so as well.
Mr. Chair, I yield back the balance of my time.