Panel to continue pressing for information on stream rule

E&E News
By Manuel Quiñones, E&E reporter
January 10, 2014

Hastings yesterday said he would use "all available tools to this committee" to obtain documents from the executive branch on a number of issues, including the stream rule.

Interior Assistant Inspector General for Investigations Robert Knox told the committee that OSM pressed former contractors working on the rule to change their review after damaging job loss estimates became public in 2011.

But Knox strongly pushed back against claims from panel Republicans that the move was a politically motivated ploy to hide the true impacts of the stream protection rule (Greenwire, Jan. 9).

In a report released last month, the Office of Inspector General essentially said it had found more bureaucratic failings than malice in OSM's actions following the 2011 leak and the agency's subsequent decision to part ways with former contractors.

"In conclusion," Knox said, "our investigation revealed a poorly managed process that resulted in over $3.7 million in contract costs, over a year of effort and no final [environmental impact statement and regulatory impact analysis]."

Panel Democrats pressed the narrative that OSM had parted ways with former contractors because of their work and not their estimate of job losses. They didn't entirely let the agency off the hook, however.

"It seems to me that an incompetent contractor was hired," said Rep. Peter DeFazio (D-Ore.), the panel's ranking member. "What are we going to do about that?"

Knox said, "This contract was awarded to a small and disadvantaged business concern, probably to accelerate the timeline of the award. And although procedures were followed, they chose a contractor who had limited experience in EIS process and in doing a programmatic EIS such as this."

An Interior Department official said the agency was taking the OIG report seriously and had worked to address missteps with OSM's dealings with the former contractor.

Tommy Beaudreau, acting land and minerals management assistant secretary, wrote in a memo last September that he had "counseled" OSM Director Joe Pizarchik on improving the agency's dealings with contractors.

Beaudreau said a review "found OSM has taken effective measures to improve its management of the contractor, including retaining a more experienced and sophisticated contractor, forming a project team to improve communication and provide more robust project oversight and closer involvement of OSM senior leadership."

Beaudreau wrote in his memo that he had received the OIG's report in March 2013, several months before it was released to the public and sent to Capitol Hill.

Hastings is now turning his attention to potential problems with the new contractor suggested in a highly redacted set of pages in the OIG report sent to lawmakers.

"Our understanding is that the department has instructed your office not to provide a complete report and supporting documents because it related to the ongoing rulemaking effort," Hastings asked Knox, stressing the panel's desire for attachments, interview notes and transcripts related to the report.

Knox took issue with Hastings' characterization but said, "They have asserted a privilege, and that's with respect to documents and information related to the ongoing rulemaking."

Interior Department officials have in the past defended their responsiveness but also declined to provide documents they deemed to be outside the scope of congressional oversight.

"This committee will continue our oversight effort," Hastings said, including pushing for legislation to essentially block OSM's rulemaking. Panel lawmakers approved it in November.