NEPA reviews, ocean policy among sticking points as WRDA talks begin

By Annie Snider, EE News
November 20, 2013

Several environmental issues emerged as key points of contention in negotiations over a major water resources bill during the first meeting of conferees this morning, even as members expressed their overriding desire to reach bipartisan consensus on a final bill swiftly.

So-called environmental streamlining provisions, which appear in different forms in both the House and Senate versions of the Water Resources Development Act, were raised multiple times -- with both support and concern from negotiators -- as they laid out their priorities for a bill.

Green groups and a number of Democrats who have raised objections to the provisions have shifted their strategy from trying to remove them to attempting to broker an agreement on a version they would see as less harmful to the National Environmental Policy Act review process for lock, dam, levee and environmental restoration projects.

House Natural Resources Committee ranking member Peter DeFazio (D-Ore.) this morning floated one idea: creating two tracks for NEPA review.

"I would suggest that perhaps a solution would be to bifurcate the process and take ... minor projects and say, sure, streamline those," he said. "But put the major projects that aren't going to be funded for years and years and years to come through a full environmental review, so that we get full participation and we understand the impacts of something that we're going to build that will last a hundred years or more, in many cases."

Ocean policy issues also emerged as a key lightning rod during members' statements this morning.

Establishing a National Endowment for the Oceans has long been a priority for Sen. Sheldon Whitehouse (D-R.I.), who won inclusion of his proposal in the Senate's version of the bill. The provision would authorize grants to states, academic institutes, nonprofits and others to support scientific research and restoration projects, among other things.

"Support for our ocean and coastal economy is not a partisan issue, and for coastal states facing dramatic changes in sea level, fisheries, storm risk and ocean chemistry, it is vital," Whitehouse said. "It's said that geography is destiny; from my coastal state, our geography presents a destiny that we must be prepared to address."

But not only does the oceans endowment provision not appear in the House's version of the bill, the lower chamber also approved a rider from Rep. Bill Flores (R-Texas) to restrict the Army Corps of Engineers' coordination with coastal states and other agencies under the National Oceans Policy.

"These matters are not only of consequence to the economies of coastal communities, but also of consequence to economic activities far inland," House Natural Resources Chairman Doc Hastings (R-Wash.) said this morning. "The bottom line is that this conference should not enact new ocean spending programs when we already have other, congressionally authorized federal programs addressing these issues."

The Senate is about to leave for a two-week recess, but Environment and Public Works Chairwoman Barbara Boxer (D-Calif.), who is chairing the conference committee, said negotiations will be ongoing and invited conferees to contact her directly.

Stakeholders speculate that a final agreement could be reached before Congress recesses for the year. Boxer and House Transportation and Infrastructure Chairman Bill Shuster (R-Pa.) did not go so far as to make that prognostication today. Before gaveling the meeting closed, Boxer noted that the seating -- alternating Republicans and Democrats -- was deliberate.

"That was thought of -- we thought of that -- and it reflects what this bill represents," she said. "Hopefully, the next time we meet will be when we have a conference report."