Labor Day marks the traditional start of the U.S. presidential campaign, though one could be forgiven for thinking that the campaign started eons ago.
But even as the campaigns ratchet up for the final sprint, some of the political world’s attention is turning back to Washington, where lots of unfinished business still remains.
As Vice President Kamala Harris and former President Donald Trump get ready to face off in their first, and possibly only, televised debate Tuesday in Philadelphia, Congress will return to Capitol Hill for a brief pre-election session.
Atop their agenda is staving off a government shutdown on October 1. There is no chance that the Hill will pass any of the 12 appropriations bills that fund agencies for the upcoming fiscal year, meaning lawmakers need to approve a temporary “continuing resolution,” or CR, to keep federal agencies open.
It won’t be easy. House Republicans are hoping to advance a CR that runs until March 2025, kicking decisions on spending levels into the new year. Their thinking: should Trump win, they can pass funding bills more to their liking with an ally in the White House.
Senate Democrats, however, prefer to pass a funding extension that lasts only until right after the election. Officially, their view is that Congress and the White House should resolve budget issues this year – but they also know that, should Trump win, they would much rather negotiate spending levels while President Biden is still in the Oval Office.
But the length of temporary funding is not the only disagreement between the parties. House Republicans plan to attach to the CR a bill they approved earlier this summer to prevent noncitizens from voting in federal elections. Noncitizens are already prohibited from voting in federal elections, but the GOP argues the bill will make it easier for states to remove noncitizens from voter rolls.
Senate Democrats have called this measure DOA in their chamber, because they fear the bill would lead to actual citizens being stripped from the voter rolls. (It doesn’t help that Trump himself is pushing congressional Republicans to pass the bill as part of his years’ long claim that he would have won the popular vote in 2016 were it not for noncitizens voting, one of his many election-related claims that appear immune to evidence.)
Should the House pass the CR with the election bill attached, and should the Senate strip it from the bill, a standoff will result that could lead to a shutdown at the end of September. Neither party’s congressional leaders want a government stoppage so close to the election, but it’s far from clear whether cooler heads will prevail. Election seasons are not usually known for rational thinking.
Permitting Reform Still Alive(ish)
With only three weeks to go before Congress heads home to campaign, advocates of permitting reform are holding onto a glimmer of hope that something could happen.
As noted last month in ACRASphere, the Senate Energy and Natural Resources Committee advanced permitting overhaul legislation in a bipartisan vote before leaving town at the end of July. The result of months of negotiations between committee Chair Joe Manchin (I-WV) and ranking member John Barrasso (R-WY), the bill would lead to some additional categorical exclusions from NEPA, including for some renewable energy projects.
Now the House is making a last-ditch stab to move permitting reform forward. House Natural Resources Committee Chair Bruce Westerman (R-AR) has unveiled a bill that would limit NEPA’s scope and curb legal challenges to energy projects. According to the Washington Examiner, “the bill would require plaintiffs to file claims within 120 days of a final agency action – a shorter time period than the Manchin and Barrasso bill – and would establish timelines for courts to resolve NEPA-related cases and appeals within 180 days. The measure would also restrict court actions against projects, allowing them to move forward ‘unless there is a clear finding of substantial and proximate environmental harm.’”
Unlike the Manchin-Barrasso bill, which garnered some Democratic support in committee due to its provisions on renewable energy, the Westerman bill is unlikely to gain bipartisan traction. It’s also far from certain that either bill will reach their respective chambers’ floors for a vote, either before the election or even in a lame duck session.
What would permitting reform look like in 2025? It will depend a lot on the election results. If Republicans retake the White House and Senate, and keep control of the House, expect permitting reform to be turbocharged. If Democrats win big, provisions speeding up renewable energy deployment may advance – but not much else. And if the voters deliver divided government, something along the lines of the Manchin-Barrasso bill may see the light of day.
It’s important to note that neither the Manchin-Barrasso plan nor the Westerman bill directly touch Section 106 of the NHPA; their focus is on NEPA. But efforts to limit the timeline of NEPA reviews could impact the Section 106 process. And just as this Congress has seen efforts (unsuccessful to date) to exempt certain projects from both 106 and NEPA, it’s not out of the question that preservation reviews could see more scrutiny next year.
On Demand: Q&A with National NAGPRA Program Manager Melanie O’Brien
Late last month, National NAGPRA Program Manager Melanie O’Brien took part in a Q&A session with ACRA members about the new NAGPRA rules.
If you missed it, the recording is now available: ACRA members can log in and view the recording here. The password to view can be found on the Members-Only Webinars on Demand page.
Get in the Know at the 2024 ACRA Conference
As election season heats up and the policy debate intensifies, attending the ACRA 2024 Annual Conference in Albuquerque Sept. 26-29 is a great way to get the latest scoop.
In addition to updates on what’s happening in Washington, the conference will feature sessions on a wide range of topics that impact CRM and the chance to interact and network with fellow CRMers.
Don’t miss out on the premier cultural resource management event of the year – register now!