Comments on the Energy Policy Modernization Act

Provisions in the underlying bill:

NPCA supports Title V of the bill, which would permanently reauthorize the Land and Water Conservation Fund (LWCF) and Historic Preservation Fund (HPF), and would establish a separate fund for addressing the National Park Service deferred maintenance backlog. LWCF is a critical program which addresses the threat of incompatible development within or adjacent to National Park System sites, while the HPF supports critical preservation efforts to protect significant historic sites throughout the country; permanent reauthorization for these important conservation programs is essential to the future of our national parks. The $11.5 billion National Park Service deferred maintenance backlog includes crumbling roads and bridges, visitor centers, trails, water systems and more; the fund established by Title V is an important step in addressing this pressing need.

We do not support the bill’s proposed changes to Sections 3001(c ) and 3001 (g) of the Federal Power Act—some changes could allow harm to fish, wildlife, public lands, and Indian reservations while transferring expenses for potential damage to fishing interests, recreationalists, and the general public. The bill also includes provisions that may limit the ability of the National Park Service to reestablish fish passage at current dams or restore fisheries in other parks and rivers within their jurisdiction. Further, Sec. 3001(c ) would amend the Federal Power Act by eliminating the Secretary’s authority to potentially protect resources within the National Park System. Changes to the Federal Power Act and loss of this authority would have enormous consequences for fisheries from coast to coast and rivers on tribal and public land.

Amendments:

Barrasso/Cassidy – Rights-of-Way for Pipelines: We oppose this amendment that would strip the requirement for Congressional approval for natural gas pipelines in national trails and national parkways managed by the National Park Service. The threat of rupture and explosion posed by natural gas pipelines is unique and poses risks that most other rights-of-way do not. The authority to consider and approve potentially dangerous pipelines through our most prized public lands should remain with Congress, not be made easier by shifting it to the Secretary of the Interior.

Barrasso – LWCF Funding 1: We oppose this amendment that would increase the proportion of the state and local assistance programs within the Land and Water Conservation Fund (LWCF) to at least 50 percent of investments. This undermines the flexibility of Congress to shift discretionary priorities between the federal and state side of LWCF each year depending on the need.

Barrasso – LWCF Funding 2: We oppose this amendment which caps the federal portion of LWCF to 40 percent of the program. This undermines the flexibility of Congress to shift discretionary priorities between the federal and state side of LWCF each year depending on the need.

Flake – NPS Maintenance Offset: We oppose this amendment that would “provide an offset for the National Park Service Critical Maintenance and Revitalization Conservation Fund.” It would direct $150 million from LWCF towards the National Park Service deferred maintenance backlog. Both LWCF and the maintenance backlog deserve funding. This amendment sets up a false choice that undermines the importance of LWCF, and unlike the underlying bill, simply cuts the authorization for LWCF.

Flake – Reauthorization of LWCF: We oppose this amendment that would substitute the proposed permanent reauthorization of LWCF for a five-year reauthorization. LWCF is a proven program, and its continued effectiveness for communities and landowners depends in part on the certainty that a long-term reauthorization would provide.

Lee – Conservation Reauthorization: We oppose this amendment that would strike Title V from the bill. Title V provides critical reauthorizations for LWCF and the Historic Preservation Fund, and an important specific authorization to address the National Park Service deferred maintenance backlog. The title deserves full support and should remain in the bill.

Lee – Drilling Permits: We oppose this amendment that would impose arbitrary timelines for approving drilling permits. Evaluation and approval of permits should be based on the best available science and should not be rushed through without sufficient review and public input.

Lee – Hydraulic Fracturing Rule: We oppose this amendment that would give states the sole authority to regulate hydraulic fracturing on Federal land within the boundaries of the State. The Bureau of Land Management (BLM) and the Department of the Interior (DOI) are charged with regulating oil and gas development as well as other stewardship responsibilities under federal laws and policies. Removing the authority of the BLM and DOI to regulate oil and gas development on public lands would put at risk all of the other uses and users—hikers, bikers, campers, anglers, hunters, and others. DOI is required to protect national park air, water, wildlife, visitor experiences, and other resources—a responsibility that is put at risk when oil and gas development is sited too close to park borders without an appropriate, thorough federal review.