Fossil Apostles Fossil Fuels, the GOP, and the Fate of Our National Monuments A report by the Democratic Staff of the House Natural Resources Committee NOTE: This report has not been officially adopted by the Committee on Natural Resources and may not necessarily reflect the views of its members Released: August 22, 2017 Overview On April 26, 2017, President Trump signed Executive Order 13792 requiring the Department of the Interior to review all Presidential designations or expansions of designations under the Antiquities Act made since January 1, 1996, where the designation covers more than 100,000 acres, where the designation after expansion covers more than 100,000 acres, or where the Secretary determines that the designation or expansion was made without adequate public outreach and coordination with relevant stakeholders, to determine whether each designation or expansion conforms to the policy set forth in section 1 of this order. The Interior Department identified 22 terrestrial and five marine monuments subject to review pursuant to the Executive Order.1 Sixteen of the listed monuments were designated or expanded by President Obama. The Executive Order decried monument designations “that result from a lack of public outreach and proper coordination with State, tribal, and local officials and other relevant stakeholders.”2 In a press release, Interior Secretary Zinke proclaimed that, “initiating a formal public comment process finally gives a voice to local communities and states when it comes to Antiquities Act monument designations.” House Natural Resources Committee Chairman Rob Bishop said, “I applaud the Trump administration’s clear commitment to do what past administrations refused to do, actually talk to real people who live in the area.”3 This report demonstrates that the justification provided for the review – a desire for robust public input – is a diversion meant to obscure the review’s true aim: the development by private companies of fossil fuel resources currently off-limits due to monument designations. The report documents extensive Republican efforts to undermine or eliminate public review of federal land management decisions, in direct contravention of the monument review’s stated goal. The report goes on to show the enormous influence the fossil fuel industry has over the Trump administration and their Congressional allies, as well as the expansive benefits already provided to that industry this year. Finally, the report describes the relatively small amount of fossil fuel resources placed off-limits by the monument designations under review. 1 “Interior Department Releases List of Monuments Under Review, Announces First-Ever Formal Public Comment Period for Antiquities Act Monuments,” U.S. Department of the Interior Office of the Secretary. May 5, 2017. Web. <https://www.doi.gov/pressreleases/interior-department-releases-list-monuments-under-review-announces-first- ever-formal> 2 82 FR 20429 (May 1, 2017) 3 “Bishop Statement on Antiquities Act Executive Order.” House Committee on Natural Resources. April 26, 2017. Web. <https://naturalresources.house.gov/newsroom/documentsingle.aspx?DocumentID=401859> 1 Pattern of Republican Efforts to Limit Public Input in Federal Land Management Republican talking points praising the value of public input on federal decision-making contrast sharply with actual policy proposals from the Trump administration, as well as the years-long legislative and voting record of Congressional Republicans. The National Environmental Policy Act (NEPA),4 a foundational environmental law, requires federal agencies to solicit public input for actions that may impact the environment. On May 5, 2017, the same day of the Department of the Interior (DOI) press release announcing which national monuments would be reviewed, news broke that Secretary Zinke quietly suspended the work of the Bureau of Land Management’s (BLM) primary mechanism for gathering local input about monuments and other BLM decisions, the Resource Advisory Councils (RAC).5 The RACs are sounding boards for BLM initiatives, regulatory proposals and policy changes. Each citizen-based council consists of 10 to 15 members from diverse interests in local communities, including ranchers, environmental groups, Tribes, state and local government officials, academics, and other public land users. The Department of the Interior established the RACs in 1995. RAC members vote on recommendations related to public land management and provide those recommendations to the designated federal official who serves as liaison to the RAC.6 It is impossible to reconcile these attempts to silence members of the public with the Trump administration’s claim that the motivation for its review of national monuments is a desire to foster such input. House Republican efforts to block the public from participating in federal decision-making are even more extensive. The chart below documents only a partial list of recent Republican attacks on NEPA in the Natural Resources Committee and on the House floor. 4 The National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.) 5 Streater, Scott. “Agency suspends advisory panels even as decisions loom.” E&E News. May 5, 2017. Web. <https://www.eenews.net/stories/1060054139> 6 “Resource Advisory Council – About RAC.” Bureau of Land Management. Web. <https://www.blm.gov/get- involved/resource-advisory-council/about-rac> 2 House Bill Impact on Committee Description Floor Overview NEPA Votes Votes H.R. 2083, Endangered Salmon and Fisheries Predation Prevention Act, July 25, 2017 The bill would allow three states H.R. 2083 - Bill and four tribes to kill up to 92 sea Passed Text lions in the Columbia River Sponsor: Jaime system without any evidence This bill is BAD for Herrera Beutler that the animals killed were 21-14 public input (R) having an impact on fish populations. In addition, the bill Roll Call Link would exempt sea lion killing from review under NEPA and allow killing of sea lions for eating not only threatened and endangered salmon and steelhead, but also other fish, including non-native predators like striped bass and pike that harm salmon stocks. Amendment This amendment would have Failed No. 1 given states and tribes limited authority to address predation of This amendment is Sponsor: Jared threatened and endangered GOOD for public 14-20 Huffman (D) salmon and steelhead input populations at the Bonneville Roll Call Link Dam on the Columbia River, while ensuring that sea lions could not be killed at random as the underlying bill would allow. This amendment also would have removed language from the bill that would exempt sea lion killing programs from review under NEPA. 3 House Bill Impact on Committee Description Floor Overview NEPA Votes Votes H.R. 2936, Resilient Federal Forests Act of 2017, June 27, 2017 This bill claims to promote forest health and reduce wildfire risk on H.R. 2936 - Bill public lands by providing broad Passed Text exemptions from environmental analyses required under the Sponsor: Bruce National Environmental Policy This bill is BAD for 23 – 12 Westerman (R) Act, restricting judicial review of public input certain forest management activities, limit payment of Roll Call Link attorney’s fees when non-profits sue the government and win, and scaling back the wildlife conservation efforts of the Endangered Species Act. The bill includes a provision that seeks to undermine the management of a national monument. Amendment Failed No. 1 Sponsor: This amendment would delete This amendment is Colleen the primary provision in the bill GOOD for public 23 – 12 Hanabusa (D) dedicated to weakening NEPA. input Roll Call Link Failed Amendment No. 7 This amendment is Sponsor: Donald This amendment would delete GOOD for public 22 - 11 McEachin (D) the section of the bill that says input Forest Management Plans will not get NEPA review. Roll Call Link 4 House Bill Impact on Committee Description Floor Overview NEPA Votes Votes H.R. 1654, Water Supply Permitting Coordination Act (House floor), June 22, 2017 H.R. 1654 - Bill This bill would impose arbitrary Passed Passed Text deadlines for completing key Sponsor: Tom environmental reviews for new This bill is BAD for 24-16 233-180 McClintock (R) dams and creates an ill- public input conceived new review process Roll Call that fails to overlap with the Roll Call Link Link existing review process established under key laws such as the National Environmental Policy Act. Amendment Failed No. 2 This amendment would have limited the reach of the bill for 179-232 This amendment is Sponsor: Alan projects that could harm GOOD for public Lowenthal (D) commercial fisheries Roll Call input Link H.R. 1873, Electric Reliability and Forest Protection Act (House Floor), June 21, 2017 H.R. 1873 - Bill This bill would allow state and Text local governments and private Passed Passed organizations to override federal This bill is BAD for Sponsor: Doug management of U.S. public lands. public input 24-14 300-118 LaMalfa (R) In addition, it would weaken environmental safeguards under Roll Call Link Roll Call the National Environmental Link Policy Act for forest thinning projects and shift liability for wildfire damages from utility corporations to taxpayers. The sponsor claims the bill addresses the threat of wildfires posed by dying trees and overgrown vegetation on and adjacent to electricity transmission rights-of- way (ROWs), but the bill would do little to address the threat because the ROW maintenance 5 House Bill Impact on Committee Description Floor Overview NEPA Votes Votes plans described in the bill are voluntary and owners of transmission lines can already works with Federal land managers to develop such plans. H.J. Res. 44, Repeal of the Public Lands Planning Rule, February 7, 2017 H.J.Res 44 - Bill Passed Text This Congressional Review Act resolution abolishes a 2016 This resolution is Sponsor: Liz Bureau of Land Management rule BAD for public 234-186 Cheney (R) known as Planning 2.0 that input updates a 30-year-old public Roll Call lands planning process. Planning Link 2.0 facilitates public participation, requires the best available science, and directs a landscape level approach to plan design, in order to better respond to climate change. These reforms make the planning process more nimble, transparent, and efficient. Planning 2.0 was developed with significant public input, including 3,354 public comments to the draft proposal. Scrapping this planning process will cost taxpayers money, and allows special interests like the oil and gas industry to continue to benefit from closed door deals and an antiquated decision- making process. 6 House Bill Impact on Committee Description Floor Overview NEPA Votes Votes H.R. 5780, Utah Public Lands Initiative Act (Federal Lands), September 22, 2016 H.R. 5780 - Bill H.R. 5780 covers the Passed Text administration of public land in Sponsor: Rob seven counties -- Summit, This bill is BAD for 21-13 Bishop (R) Duchesne, Carbon, Uintah, public input Grand, Emery, and San Juan -- in Roll Call Link Eastern Utah. All told, the bill impacts approximately 18 million acres, an area roughly the size of Massachusetts and New Jersey combined. This so-called Utah Public Lands Initiative rolls back bedrock environmental laws and could lead to dirty energy extraction in ecologically sensitive areas. A vote for H.R. 5780 is a vote to upset the balance of the multiple-use principle that guides the management of public lands and tips the scale in favor of special interests. Amendment This amendment would have Failed No. 4 added standard public review and appraisal practices, including This amendment is Sponsor: Jared a public interest determination GOOD for public 13-19 Polis (D) by the Secretary of Interior, for a input massive land exchange Roll Call Link authorized by the bill. Without these protections, land owned by all Americans could be traded away without proper oversight. This amendment was rejected by the majority. 7 House Bill Impact on Committee Description Floor Overview NEPA Votes Votes H.R. 5538, Department of the Interior, Environment, and Related Agencies Appropriations Act, July 14, 2016 H.R. 5538 - Bill The 2016 Interior and Passed Text Environment Appropriations bill Sponsor: Ken would place the health and This bill is BAD for 231-196 Calvert (R) safety of the American people at public input risk by slashing critical funding Roll Call for drinking water and sanitary Link sewer infrastructure, climate change, and environmental enforcement. Ideological policy riders continue the assault on our environment by undermining the Administration's ability to keep our land, water, and air clean and protect threatened species. Amendment Strikes language in the Failed No. 21 underlying bill that would exempt certain activities in This amendment is Sponsor: Debbie National Forests from public GOOD for public 170-256 Dingell (D) notice and comment and input alternatives analysis under the Roll Call National Environmental Policy Link Act. H.R. 2316, Self-Sufficient Community Lands Act (Federal Lands), June 15, 2016 H.R. 2316 - Bill H.R. 2316 sets up a process to Passed Text transfer the management of Sponsor: Raul millions of acres of national This bill is BAD for 25-13 Labrador (R) forest to unelected advisory public input boards with the primary Roll Call Link mandate of increasing revenue from timber sales. Federal public participation and environmental review standards would not apply to the sections of national 8 House Bill Impact on Committee Description Floor Overview NEPA Votes Votes forest managed under this new authority, meaning the American public would no longer have an opportunity to participate in management decisions or even be guaranteed access. To make matters worse, the bill authorizes the use of funds from Secure Rural Schools, a federal program that distributes money to support education and roads in rural counties, to facilitate this takeover of American public land. H.R. 2295, National Energy Security Corridors Act (Energy & Mineral Resources; Water Power and Oceans), December 3, 2015 Passed as part of H.R. 2295 would make it easier to H.R. 2295 - Bill House put natural gas pipelines through Passed Text energy National Parks, establish new package infrastructure corridors without (H.R.8) public input for streamlined Sponsor: Thoma This bill is BAD for pipeline siting in the Eastern 21-15 249-174 s MacArthur (R) public input United States. Roll Call Roll Call Link Link H.R. 1937, National Strategic and Critical Minerals Production Act (Energy and Mineral Resources), October 22, 2015 H.R. 1937 - Bill The bill weakens environmental Passed Passed Text reviews and blocks access to the courts by the public for all Sponsor: Mark This bill is BAD for 254-177 substances mined in the United 23-14 Amodei (R) public input States under the guise of labeling Roll Call them "strategic and critical." It Roll Call Link Link allows mining projects to avoid NEPA requirements for public participation and for the agencies to respond to public comments 9