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Public Lands and Environmental Protections Actions Under the 115th Congress and the Trump Administration: The source documents behind the news

The Primary Source Crusader (my own mashup of images)

By popular request, and subject to my typical caveats for this series,* I’ve been digging up primary sources having to do with recent public lands and environmental actions by Congress and President Trump. (This is a long one, and even more of a primary source overload than usual…)

Here is a list of all House and Senate Bills and Joint Resolutions having to do with energy and the environment. Of these, here are the proposals of the Republican Party, here are the proposals of the Democratic Party, and here is the proposal by the Independent congressman. Of bills and joint resolutions currently before Congress, I’ve gathered some that seem the most relevant to the questions of environmental protection that have been floating around.

As you read about these bills, remember that many bills and joint resolutions do not make it all the way through the process of becoming law. In the full list of current legislation, use the “Status of Legislation” filter on the left-hand navigation menu to see which items have progressed through one or both chambers of Congress. Anything can be “introduced” and then “referred to committee,” but it takes some coordinated action to get the item passed even one chamber of Congress.

(Last update was 3/1/2017 — there are just too many to keep up with after that…)

Fossil Fuels and the Law

(Indented bills have been signed into law.)

Representative Don Young (R-AK) introduced H.R.49 – American Energy Independence and Job Creation Act on January 3rd, 2017. (currently in committee)
This bill directs “the Secretary of the Interior to establish and implement a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain of Alaska.”

✼ Several congressmen have introduced bills and joint resolutions “disapproving” the “Stream Protection Rule” 81 Fed. Reg. 93066 (December 20, 2016)
H.J.Res.11, H.J.Res.16, H.J.Res.38, and S.J.Res.10 all “disapprove” of the same rule according to the procedures used to roll back previous legislation (as discussed in further detail in my last post in this series). In short, if they pass the House, the Senate, any relevant committees, and are signed by the President, they would invalidate the “Stream Protection Rule.” That rule starts, “We, the Office of Surface Mining Reclamation and Enforcement (OSMRE or OSM), are revising our regulations, based on, among other things, advances in science, to improve the balance between environmental protection and the Nation’s need for coal as a source of energy” (according to its own summary).
As of 2/16/2017, Joint Resolution 38 has been signed into law.

Representative Rob Bishop (R-Utah) introduced H.J. Res. 36 on January 30th, 2017. Meanwhile, on the same day Senator John Barrasso (R-WY) introduced the identical S.J.Res 11. (House version has passed the House, Senate version is in committee)
These are two of the Joint Resolutions that seek to roll back previous legislation (as discussed in further detail in my last post in this series). In short, if they pass the House, the Senate, any relevant committees, and are signed by the President, they would invalidate the “Waste Prevention, Production Subject to Royalties, and Resource Conservation” rules, 81 Fed. Reg. 83008 (November 18, 2016). The rule in question is designed to prevent venting and flaring of oil and gas on public lands, especially the greenhouse gas methane.

✼ Congressman Bill Huizenga (R-MI) introduced H.J.Res. 41 on January 30th, 2017.
This is one of the Joint Resolutions that seeks to roll back previous legislation (as discussed in further detail in my last post in this series). In short, if it passes the House, the Senate, any relevant committees, and is signed by the President, it would invalidate the “Disclosure of Payments by Resource Extraction Issuers” rule, 81 Fed. Reg. 49359 (July 27, 2016). The bill summary states: “The rule, mandated under the Dodd-Frank Wall Street Reform and Consumer Protection Act, requires resource extraction issuers to disclose payments made to governments for the commercial development of oil, natural gas, or minerals.”
As of 2/17/2017, this Joint Resolution has been signed into law.

Representative Kevin Cramer (R-ND) introduced H.J.Res.45 on January 30th, 2017. (referred to committee)
This is one of the Joint Resolutions that seeks to roll back previous legislation (as discussed in further detail in my last post in this series). In short, if it passes the House, the Senate, any relevant committees, and is signed by the President, it would invalidate the “Management of Non-Federal Oil and Gas Rights” rule, 81 Fed. Reg. 79948 (November 14, 2016). That rule is intended to “improve [the U.S. Fish and Wildlife Service’s] ability to protect refuge resources, visitors, and the general public’s health and safety from potential impacts associated with non-Federal oil and gas operations located within refuges” (according to its own summary).

Representative Paul Gosar (R-AZ) introduced H.J. Res. 46 on January 30th, 2017. (referred to committee)
This is one of the Joint Resolutions that seeks to roll back previous legislation (as discussed in further detail in my last post in this series). In short, if it passes the House, the Senate, any relevant committees, and is signed by the President, it would invalidate the “Non-Federal Oil and Gas Rights” rule, 81 Fed. Reg. 77972 (November 5, 2016). The rule that this Joint Resolution seeks to repeal is the November 2016 update to the National Park Service’s “9B Regulations.”  According to the National Park Service, these regulations “control conduct associated with private mineral rights on, across, or through federal land so that these activities avoid or minimize harm to park resources and values” (see their information page on the topic). The 2016 update had been proposed in October 2015, after initial Hydraulic Fracturing rules had been blocked by the case State of Wyoming v. United States Department of Interior.

Congressman Stevan Pearce (R-NM) introduced H.J.Res.56 on February 1st, 2017. (referred to committee)
This is one of the Joint Resolutions that seeks to roll back previous legislation (as discussed in further detail in my last post in this series). In short, if it passes the House, the Senate, any relevant committees, and is signed by the President, it would invalidate the “Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Site Security” rule, 81 Fed. Reg. 81356 (November 17, 2016). This rule deals with oil and gas produced on Federal or Indian land, saying that it should be  “properly and securely handled, so as to ensure accurate measurement, production accountability, and royalty payments, and to prevent theft and loss” (according to its own summary).

Congressman Kevin Cramer (R-ND) introduced H.J.Res 68 on February 7th, 2017. (referred to committee)
This is one of the Joint Resolutions that seeks to roll back previous legislation (as discussed in further detail in my last post in this series). In short, if it passes the House, the Senate, any relevant committees, and is signed by the President, it would invalidate the “Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Measurement of Gas” rule, 81 Fed. Reg. 81516 (November 17, 2016). This rule “establishes minimum standards for accurate measurement and proper reporting of all gas removed or sold from Federal and Indian” land (according to its own summary).

Representative Don Young (R-AK) introduced H.J.Res.70 on February 9th, 2017.  (referred to committee)
This is one of those Joint Resolutions that seeks to roll back previous legislation (as discussed in further detail in my last post in this series). In short, if it passes the House, the Senate, any relevant committees, and is signed by the President, it would invalidate the “Oil and Gas and Sulfur Operations on the Outer Continental Shelf—Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf” rule, 81 Fed. Reg. 46477 (July 15, 2016). This rule introduces new requirements for “exploratory drilling and related operations on the Outer Continental Shelf (OCS) seaward of the State of Alaska.”

Congressman Scott R. Tipton (R-CO) introduced H.J.Res.71 on February 13th, 2017. Later Senator Steve Daines (R-MT) introduced S.J.Res.29, an identical bill. (referred to committee)
This is one of the Joint Resolutions that seeks to roll back previous legislation (as discussed in further detail in my last post in this series). In short, if it passes the House, the Senate, any relevant committees, and is signed by the President, it would invalidate the “Consolidated Federal Oil & Gas and Federal & Indian Coal Valuation Reform” published at 81 Fed. Reg. 43337 (July 1, 2016). This rule amends “regulations governing valuation, for royalty purposes, of oil and gas produced from Federal onshore and offshore leases and coal produced from Federal and Indian leases. This rule also consolidates definitions for oil, gas, and coal product valuation into one subpart that is applicable to the Federal oil and gas and Federal and Indian coal subparts.”

Representative Charles W Dent (R-PA) introduced H.R.1002 – National Heritage Area Act of 2017. (referred to committee)
This bill sets up the National Heritage Areas System.

Representative Bruce Westerman (R-AR) introduced H.J.Res.82 on February 16th, 2017. (in committee)
This is one of the Joint Resolutions that seeks to roll back previous legislation (as discussed in further detail in my last post in this series). In short, if it passes the House, the Senate, any relevant committees, and is signed by the President, it would invalidate the rule “Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Measurement of Oil” 81 Fed. Reg. 81462 (November 17, 2016). From its summary: “This final rule updates and replaces Onshore Oil and Gas Order Number 4, Measurement of Oil (Order 4) with new regulations codified in the Code of Federal Regulations (CFR). It establishes minimum standards for the measurement of oil produced from Federal and Indian (except Osage Tribe) leases to ensure that production is accurately measured and properly accounted for.”

Representative Rick Allen (R-GA) introduced H.R.1105 – Stop WOTUS Act on February 16th, 2017. (in committee)
This bill proposes repealing the Clean Water Rule. On Febrary 28th the President issued an Executive order that requests something similar: Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the “Waters of the United States” Rule (February 28th, 2017)

Representative Keith Rothfus (R-PA) Introduced H.R.1119 – SENSE Act on February 16th, 2017. (in committee)
“To establish the bases by which the Administrator of the Environmental Protection Agency shall issue, implement, and enforce certain emission limitations and allocations for existing electric utility steam generating units that convert coal refuse into energy.”

Representative Tom Rice (R-SC) introduced H.R.1179 – Discouraging Frivolous Lawsuits Act on February 16th, 2017. (in committee)
This bill proposes that if a citizen sues under the Federal Water Pollution Control Act, the judge has no choice but to have the losing party of the suit pay all litigation costs. It would also remove the EPAs authority to deny or restrict the use of land for disposal on environmental grounds, and prohibits the government from exceeding the requirements of the law when setting up compensatory mitigation to replace the loss of aquatic resources when dredging or filling actions damage an area.

Senator Jeff Flake (F-AZ) introduced S.453 – Agency PAYGO for Greenhouse Gases Act on February 27th, 2017. (in committee)
Requires that the EPA pay for all projected increases in cost it wants to finalize any new rule that limits greenhouse gas emissions and is projected to imposed increased costs on a federal agency.

Interested in federal subsidies for fossil fuels?

Public Lands and the Law

Representative Bob Goodlatte (R-VA) introduced HR 5 – Regulatory Accountability Act of 2017 on January 3rd, 2017. (Passed the House, in committee in the Senate)
This bill seeks to amend the Regulatory Flexibility Act (RFA) and the Small Business Regulatory Enforcement Act of 1996 (SBREFA) in ways that would impact the U.S. Forest Service (USFS) and Bureau of Land Management (BLM) when they revise or amend land management plans. It includes language indicating that in addition to direct economic effect of final rules, proposed rules that include “any indirect economic effect (including compliance costs and effects on revenue) on small entities which is reasonably foreseeable and results from such rule (without regard to whether small entities will be directly regulated by the rule)” would now require review under the RFA. The bill also proposes prior to publishing a proposed rule, the Chief Counsel has to put the rule through an extensive review (Sec 306). However, “The Chief Counsel is empowered to waive the review panel requirements if they are deemed impracticable, unnecessary, or contrary to the public interest.” 13 environmental groups have signed a letter opposing HR 5.

Representative Ken Calvert (R-CA) introduced H.R.481 – Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2017 Act or the REBUILD Act on January 12th, 2017. (Referred to committee)
This bill shifts some environmental review responsibilities from the Federal government to the states.

Representative Paul Cook (R-CA) introduced H.R.491 – Santa Ana River Wash Plan Land Exchange Act on January 12th, 2017. Later Senator Dianne Feinstein (D-CA) introduced S. 357, an identical bill. (both referred to committee)
“This bill directs the Department of the Interior: (1) to quitclaim to the San Bernardino Valley Water Conservation District in California approximately 327 acres of identified federal land administered by the Bureau of Land Management, and (2) in exchange for such land, to accept from the Conservation District a conveyance of approximately 310 acres of its land.”

Representative Jason Chaffetz (R-UT) introduced H.R.621 – Disposal of Excess Federal Lands Act of 2017 on January 24th, 2017. (referred to committee)
…as he has done in each of the 5 Congresses in which he as served. This bill seeks to sell federal land that has been previously identified in the report submitted to Congress on May 27, 1997.

Representative Liz Cheney (R-WY) introduced H.J. Res. 44 on January 30th, 2017. That same day, Senator Lisa Murkowski (R-AK) introduced S.J.Res 15 to the same effect.  (The House version has passed the House, the Senate version is in committee)
These are two of the Joint Resolutions that seek to roll back previous legislation (as discussed in further detail in my last post in this series). In short, if they pass the House, the Senate, any relevant committees, and are signed by the President, they would invalidate the “Resource Management Planning” rule, 81 Fed. Reg. 89580 (December 12, 2016). The Rule in question is often referred to as the Bureau of Land Management’s “Planning 2.0” rule. It updated procedures for preparing or revising resource management plans under the Federal Land Policy and Management Act of 1976.

Representative Paul Gosar (R-AZ) introduced H.R.825 – Public Land Renewable Energy Development Act of 2017 on February 2nd, 2017. (referred to committee)
This bill encourages the development of renewable energy on public lands.

Representative Mark Amodei (R-NV) introduced H.R.1106 – Small Tracts Conveyance Act on Febrary 16th, 2017. (in committee)
This bill allows for the transfer of public lands to states or private individuals who own adjacent land under certain circumstances.

Senator Jeff Flake (R-AZ) introduced S.467 – Mohave County Federal Land Management Act on February 28th, 2017. (in committee)
Conducts the Department of the Interior to sell certain lands in Mohave County.

President Trump’s Executive Actions on the Environment

There is no good way to provide a link to the full list of Executive Actions on energy and the environment because so far the Executive Actions that seem relevant have been classified under subjects like “Business & Industry” and “Money,” though primarily under “Business & Industry.” There is, however, an “issues” page on the White House website that lays out President Trump’s goals around Energy. Here it says that “President Trump is committed to eliminating harmful and unnecessary policies such as the Climate Action Plan and the Waters of the U.S. rule.” With that in mind, here are the Executive Actions that are relevant to energy and the environment.

As a side note: the early temporary freeze on EPA grants and contracts as well as the early temporary directive that the EPA not to talk to the media or post information on blogs or social media appear to have been conducted through channels that didn’t leave officially published source documents. Because of this, I also can’t determine whether these actions are unusual compared to previous executive transitions using official documents.

Cabinet

Three cabinet members will have significant power over energy policy and the environment.


* Two caveats: 1) Not all knowable things are knowable using official, original published sources, but that’s the limit I’ve set for myself even when that’s inconvenient or frustrating, and 2) I am a librarian trained in tracking down and evaluating sources — nothing more or less than that. I’m doing my best to find the most authoritative version of the primary sources behind the news, and I welcome suggestions and corrections. If you or someone you know would like to add to my collection of primary sources, please let me know.

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