Position on H.R. 8, North American Energy Security and Infrastructure Act

NPCA and allies urge the House of Representatives to support Representatives Tsongas and Beyer’s amendment to strike H.R. 2295, the “National Energy Security Corridors Act,” from H.R. 8 when it reaches the House floor.

H.R. 2295, now Section 1111 in the Manager’s Amendment for H.R. 8, would, in part, amend the Minerals Leasing Act to strip the requirement for Congressional authorization when constructing a natural gas pipeline across National Park Service and other federal lands. Recognizing the priceless value of our national parks, broadly recognized as “America’s best idea,” we strongly oppose any bills that would strip this requirement for Congressional approval for natural gas pipelines constructed across park units.

The continued success of the national park idea depends upon careful stewardship of their resources. Oil and natural gas pipelines are examples of a utility that could cause an unreasonable impairment to a national park unit. Such pipelines were not included in the lists of public utilites that could receive Secretarial approval under the Mineral Leasing Act and the National Park Service’s administrative regulations. The threat of rupture and explosion posed by natural gas pipelines requires that their construction through our most prized public lands gain Congressional approval.

The drafters of the Mineral Leasing Act understood that the federal government should only encourage private companies to seek easements across national park lands for gas pipelines when all other options are exhausted. In the few cases where this “last resort” is reached, or in situations where national parks actually provide a more appropriate routing solution than other adjacent lands, Congress and conservation groups have been willing and able to pass legislation allowing the exception of oil and gas pipelines. But the ability to make these decisions publicly and thoughtfully is critical to national park protections. The Mineral Leasing Act provides a logical and effective path for oil and gas pipeline easements as it is currently written. Quite simply, the federal government should not encourage the use of national parks for gas pipelines.

In addition, H.R. 2295 will eliminate critical environmental review and public input under the National Environmental Policy Act (NEPA). Specifically, the bill arbitrarily provides that energy corridor designation and incorporation into a land use plan “shall not be treated as a major Federal action.” As a result, these actions are excluded from environmental review under NEPA, leaving stakeholders without an opportunity to provide input on decisions affecting their communities. In its testimony on this bill, the Department of Interior opposed this provision of H.R. 2295, noting that “the NEPA waiver is unnecessary and counterproductive,” and “would not result in significant time savings.” Further, the administration noted that it “does not support limiting public input” under NEPA recognizing that “it is a critical tool for engaging the public and for analyzing and mitigation for impacts to adjacent private lands and state-managed resources.” Eliminating environmental review and public input on public land decisions like those in H.R. 2295 should be opposed.

NPCA submitted the following position on the broader bill:

NPCA urges members of the House to vote “no” on H.R. 8, the North American Energy Security and Infrastructure Act, when it comes up for a vote on the House floor this week.

This bill has numerous provisions that weaken important protections for national park sites. H.R. 8 threatens the priceless value of many national parks by removing an important requirement for future gas pipeline development across parks and eliminates the ability for the National Park Service to prioritize important resources and values in certain hydropower projects. Our concerns regarding the Manager’s Amendment of H.R. 8 are outlined below.

Title I, Sec. 1111. Designation of National Energy Security Corridors on Federal Lands

NPCA opposes this section which would, in part, amend the Mineral Leasing Act to strip the requirement for congressional authorization when constructing a natural gas pipeline across National Park Service land. The threat of rupture and explosion posed by natural gas pipelines requires their construction through our most prized public lands gain congressional approval—this requirement has been serving the public interest and should remain in place. Further, this section will eliminate critical environmental review of and opportunities for public comment on projects under the National Environmental Policy Act, which is an important tool for gathering community input on public lands decisions, such as those outlined in Sec. 1111.

Title 1, Subtitle B – Hydropower Regulatory Modernization Provisions

The hydropower provisions in this bill, as amended, eliminate important protections for our national parks. Current law allows the National Park Service (NPS) and the Federal Energy Regulatory Commission (FERC) to address direct and indirect impacts on the full range of values our national parks protect, values that other federal lands are not necessarily in place to preserve. This bill would limit the resource impacts that can be addressed in FERC licenses, limiting the National Park Service’s ability to protect park values such as recreation, dark night skies, natural soundscapes, and important cultural resources. Specifically:

• Section 1206. Closed-Loop pumped storage projects. The language in the bill is unclear as to whether FERC can license close-loop pumped storage facilities in parks or whether existing prohibitions apply. We oppose easing current restrictions and as a general principle believe that NPS needs the ability to condition FERC licenses for any FERC project in order to protect all national park values, such as dark night skies and natural soundscapes, which park visitors expect. This should also apply to projects adjacent to our national parks—such as the FERC-licensed Eagle Crest project outside of Joshua Tree National Park.

• Section 1207. License Amendment Improvements. We are concerned that this section allows FERC to amend existing licenses that affect national park sites, such as Ross Lake and Lake Chelan in North Cascades National Park, without allowing the park service to protect all national park values that enhance the visitor experience.

• Section 1208. Promoting hydropower development at existing nonpowered dams. This section affects the ability of the NPS to prohibit or condition conversion of existing dams already within national parks to FERC-licensed power generation. FERC is given unilateral authority to set conditions for these conversions, without consideration of all park values. FERC would only have to consult with the NPS in very limited circumstances and opportunities for public review and comment are reduced.

Partners on this letter were: Coalition to Protect America’s National Parks, Natural Resources Defense Council, American Hiking Society, Park Rangers for Our Lands, Sierra Club, Public Citizen, Inc., Stony Brook-Millstone Watershed Association, Center for Biological Diversity, Friends of the Earth U.S., American Rivers, Appalachian Mountain Advocates, Earthworks, The Wilderness Society, Appalachian Mountain Club, New Jersey Conservation Foundation, Southern Environmental Law Center, and Earthjustice