Things are unusually quiet on Capitol Hill these days as both chambers finish a President’s Day recess and committees are finalizing their rosters and legislative plans for the year. But that relative quiet will soon give way to a buzz of activity as both parties jostle for power in a divided Washington.
In the House, the new GOP majority on the House Natural Resources Committee is gearing up to hold hearings this week on a trio of bills designed to speed up the permitting processes:
- The Transparency and Production of American Energy Act of 2023, which is still in draft form, seeks to restart onshore and offshore oil, gas, and coal leasing, streamline permitting for energy infrastructure. The bill would exempt certain oil, gas and geothermal activities from NEPA and Section 106 of the National Historic Preservation Act if they are on land where federal ownership is less than 50 percent and the relevant state has issued a permit.
- The Permitting for Mining Needs Act of 2023 (H.R. 209), which would shorten the time allotted for EISs and EAs under NEPA for certain mining activities,
- The Building United States Infrastructure through Limited Delays and Efficient Reviews Act of 2023, also still in draft form, seeks to reinstate reforms to the National Environmental Policy Act (NEPA) put in place by the Trump administration but reversed by President Biden.
ACRA will be following the committee’s hearings and will continue to express its strong support for permitting processes that balance the need for development with the imperative of safeguarding our nation’s cultural and historic treasures.
Join Us in DC To Speak Out for CRM
A key component of ACRA’s efforts is using the power of its membership to engage their elected representatives about why CRM matters to their communities.
That’s why ACRA is holding its annual Capitol Hill Fly-In April 25-26, 2023. For the first time since the pandemic began, ACRA members are going to meet with their House and Senate representatives in person in Washington, DC.
ACRA will arrange meetings and provide training beforehand. There is no cost to register for the Fly-In, but attendees are responsible for making your travel and lodging accommodations. Please sign up today and show your support for the CRM industry!
ACRA Comments on Army’s Program Comment on Vietnam War Era Housing
ACRA provided comments to the Advisory Council on Historic Preservation last week about the U.S. Army’s proposed Program Comment on Vietnam War Era Housing.
According to the ACHP, the intent of the Program Comment is to “address the Army’s NHPA compliance requirements for its nationwide inventory of more than 7,800 Vietnam War Era housing units in a manner that balances historic preservation requirements with its responsibility to provide the thousands of military families who live in this historic housing with the quality of life, health, and safety they require and deserve.”
In its comments, ACRA noted that, while “program comments are a useful tool to enable the Council to address the Section 106 impacts of a group of similar undertakings instead of addressing each on a case-by-case basis,” it believes that such comments “should be approved only for repetitive management actions that do not lead, inadvertently or otherwise, to the destruction of buildings and other assets of historical or cultural significance.”
ACRA raised a number of issues with the proposed Program Comment, including that the Comment would enable the Army to demolish structures outside the regular 106 consultation process. ACRA also expressed concern with the Army’s proposal to create a new category of protected structures called “Properties of Particular Importance (PPI),” a term has no legal meaning in federal preservation law or regulations. According to ACRA, “such new designations risk creating confusion around federal preservation efforts, and, lacking any force of law or regulation, could leave historic properties at risk of significant adverse effects. “
The ACHP will vote on the Program Comment in the coming weeks.
BOEM Proposes Expanding Requirements for Archaeological Reports
The Interior Department’s Ocean Energy Management Bureau (BOEM) has proposed to require lessees and operators to submit an archaeological report with any oil and gas exploration or development plan they submit for approval of activities proposed on the Outer Continental Shelf (OCS). Currently, an archaeological report is required only if the plan covers an area that a BOEM Regional Director has reason to believe may contain an archaeological resource.
According to BOEM, the proposed rule “would increase the likelihood that archaeological resources are located and identified before they are inadvertently damaged by an OCS operator, thereby assuring compliance with section 106 of the National Historic Preservation Act (NHPA). This proposed rule would define the minimum level of survey information necessary to support the conclusions in the archaeological report, the procedure for reporting possible archaeological resources, the procedure for continuing operations when a possible resource is present, and what to do if an unanticipated archaeological resource is discovered during operation.”
BOEM is accepting comments on their proposed rile until April 17, 2023.
Republican-Led States Sue Over U.S. Waters Rule
A group of 24 Republican-led states is suing the Environmental Protection Agency (EPA) in an effort to stop a rule finalized in December 2022 under the landmark Clean Water Act from taking effect next month, as the suit alleges that the Biden administration’s rule to protect seasonal streams and wetlands violates the Constitution.
Ranchers, developers and other industry groups have argues that the rule, which defines the so-called Waters of the United States, is too broad and will result in problematic permitting and regulatory hurdles.