With just days to go before a possible government shutdown, chaos in the House of Representatives has dramatically increased the odds that federal agencies will need to close their doors starting Sunday.
House Republicans, who command a narrow five-seat majority, have been unable to make any progress on the basic tasks of advancing legislation to fund the government. Despite a near-constant barrage of pleas, threats and concessions by House Speaker Kevin McCarthy (R-CA), a group of far-right lawmakers have refused to allow the House to move ahead on a temporary stop-gap funding bill – and even have stymied efforts to move forward on the annual defense spending bill, normally an easy lift.
The arch-conservative group of holdouts has made a series of demands on McCarthy, ranging from ending “woke” programs at the Pentagon and defunding the special counsel investigating former President Donald Trump. Most critically, the group opposes passing a temporary funding bill called a “continuing resolution” (CR) – even if that means a shutdown will happen – because they want Congress to pass full-year appropriations bills. But with the group demanding far steeper spending cuts than the White House or the Senate will support – not to mention a rapidly dwindling clock towards the end of the fiscal year – there is no chance that Congress can come to agreement on the full-year bills by the Oct. 1 deadline.
This has left McCarthy with a series of unpleasant options: either abandon efforts to pass a CR, essentially guaranteeing a shutdown; or work with Democrats to pass a CR – which would engender the wrath of the hardliners, who would push to kick McCarthy out of the Speaker’s chair.
Even when McCarthy has offered concessions to the group, they have not yielded. Two weeks ago, McCarthy authorized an impeachment inquiry into as-yet unsubstantiated allegations around President Biden’s involvement with his son Hunter’s business dealings – after saying for months he would not do so unilaterally. Yet that was not enough for the hardliners.
Because the Constitution’s requirement that revenue measures must originate in the House has long been interpreted to include funding bills, the House typically takes the lead in the process. Nonetheless, the Senate has started to develop their own CR, in the hopes that progress there would push the House to act.
The bottom line is that, unless the dynamic changes in the House this week, starting Oct. 1 federal employees except essential personnel will be furloughed, government contractors won’t get paid, and federal facilities – including National Parks – will be closed. How long would a shutdown last? The last five government shutdowns, dating back to 1995, lasted an average of 16 days. The most recent shutdown, in 2018-2019, dragged on for 35 days, and by some estimates cost taxpayers $5 billion.
While the threat of a shutdown has commanded the lion’s share of Washington’s attention this month, policymakers have been able to get a few things done, including some that impact preservation and CRM:
American Climate Corps. President Biden on Wednesday took executive action to establish the American Climate Corps, a workforce training and service initiative that seeks to take inspiration from the New Deal to address the impacts of climate change.
As part of the initiative, AmeriCorps and U.S. Forest Service launched Forest Corps, a five-year $15 million agreement to “engage 80 young adults, ages 18-26, in wildland fire prevention, reforestation, and other natural and cultural resource management projects to support the U.S. Forest Service’s Wildfire Crisis Strategy and Reforestation Strategy.”
Battlefield Protection Improvements. The House Natural Resources Committee unanimously approved legislation, H.R. 3448, which makes several improvements to the American Battlefield Protection Program. According to the Committee, the bill will enable educational institutions and nonprofit organizations to receive grants directly and add Tribes as eligible entities for these grants. The bill now goes to the full House.
Calls to Modernize Mining Law. The Biden administration is urging Congress to modernize the 150-year-old law governing mining on public lands in a new report on improving how the federal government sites, permits, oversees and reclaims such mines. Deputy Interior Secretary Tommy Beaudreau said the General Mining Law of 1872 must be updated to meet contemporary needs for critical minerals required for electric vehicle batteries, solar panels and other technologies that would help the U.S. reach its climate targets. Demand for these minerals, such as cobalt, nickel and lithium, “is growing at an exponential rate,” according to the report from an Interagency Working Group on Mining Laws, Regulations, and Permitting.