THE DAILY WHIP: TUESDAY, NOVEMBER 19, 2013

For Immediate Release:

November 19, 2013

Contact:

Katie GrantStephanie Young, 202-225-3130

House Meets At: First Vote Predicted: Last Vote Predicted:

10:00 a.m.: Morning Hour
12:00 p.m.: Legislative Business

Fifteen “One Minutes”

1:30 – 2:00 p.m. 4:30 – 5:30 p.m.

H.Res. 419 – Rule providing for consideration of both H.R. 1965 – Federal Lands Jobs and Energy Security Act (Rep. Lamborn – Natural Resources/Judiciary) and H.R. 2728 – Protecting States’ Rights to Promote American Energy Security Act (Rep. Flores – Natural Resources) (One Hour of Debate). The Rules committee has recommended one Rule which provides for consideration of 2 bills.

For H.R. 1965, the Rules committee has recommended a structured Rule that provides for one hour of general debate equally divided and controlled by the chair and ranking member of the Committee on Natural Resources.  The Rule allows for 8 amendments, each debatable for 10 minutes equally divided between the offeror and an opponent. The Rule allows one motion to recommit, with or without instructions, and waives all points of order against the legislation.

For H.R. 2728, the Rules committee has recommended a structured Rule that provides for one hour of general debate with 40 minutes equally divided and controlled by the Chair and Ranking Member of the Committee on Natural Resources and 20 minutes equally divided and controlled between the Chair and Ranking Member of the Committee on Science, Space, and Technology.  The Rule allows for 5 amendments, each debatable for 10 minutes equally divided between the offeror and an opponent. The Rule allows one motion to recommit, with or without instructions, and waives all points of order against the legislation. Members are urged to VOTE NO.

H.R. 1965  – Federal Lands Jobs and Energy Security Act (Rep. Lamborn – Natural Resources/Judiciary) (One Hour of Debate). This bill requires the Department of the Interior to develop domestic oil and natural gas production goals to meet demand; it increases the amount of federal land available for oil and gas production, including by requiring that at least 25% of eligible federal land be made available each year for leasing and by providing for new oil shale leasing and the leasing of parcels in the National Petroleum Reserve in Alaska; it hastens the process for approving drilling permits; it also sets new standards for judicial review of civil actions filed against drilling permits; and it includes provisions related to oil and gas resource development on Indian tribal lands.

It combines 5 bills – the first bill, H.R. 1965, would require the Bureau of Land Management (BLM) to lease at least 25% of lands nominated by the oil and gas industry and to automatically approve any permit which has not been formally decided upon within 60 days. Further, it limits judicial review to 60 days after an approval and prohibits plaintiffs from recouping court and attorney’s fees.

The second bill, H.R. 1394, would direct Federal land managers to manage lands for the primary purpose of energy and mineral production, making all other ways that Americans enjoy public lands, like hunting, fishing, camping, grazing, and conservation, secondary.

The third bill, H.R. 1964, would require the Secretary of the Interior to develop regulations to require action on drilling permits in the Nation Petroleum Reserve in Alaska within 60 days, despite existing regulations that already require consideration of such applications within 90 days.  Further, it would require the BLM to ensure that leases are within 25 miles of roads and pipelines, forcing it to develop a road and pipeline network in the Alaska wilderness, despite no pending BLM applications to construct either.

The fourth bill, H.R. 555, would give the Secretary of the Interior the ability to conduct further onshore oil and gas lease sales using internet-based auctions, but does not require the Secretary to do so.

The fifth bill, H.R. 1548, would prohibit BLM from enforcing fracking regulations on tribal lands without the consent of the tribal government.

The Rule makes in order 8 amendments, debatable for 10 minutes, equally divided between the offeror and an opponent. The amendments are:

Hastings (WA) Amendment. Adjusts the amount of funds authorized to be made available to BLM field offices for energy permitting to ensure the bill has a positive (deficit reducing) score.
Jackson-Lee Amendment #2. Adds a savings clause to the bill to make clear that citizens retain the First Amendment Right To Petition.
Lowenthal Amendment. In Extraordinary Circumstances (e.g. violations of a Federal, State, local, or tribal law), allows the Secretary of Interior to subject to full NEPA review actions that could otherwise qualify for Categorical Exclusions from NEPA review.  The underlying bill prohibits a full NEPA review in these circumstances.
Jackson-Lee Amendment #4. Eliminates prohibition of award of attorney fees which otherwise would be recoverable under the Equal Access to Justice Act.
Hanabusa Amendment. Requires the Secretary of Interior in consultation with the Secretary of Agriculture to include in their Quadrennial Federal Onshore Energy Production Strategy, the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of geothermal, solar, wind, or other renewable energy sources on lands designated as Hawaiian Home Lands that the state agency or department responsible for the administration of these lands selects to be used for energy production.
Marino Amendment. Requires the Secretary of Interior to study whether Federal lands should be used as the location for oil and gas pipelines.
Polis/Huffman Amendment. Requires the National Academy of Sciences to study and report to Congress about the impact of flooding on oil and gas facilities and the resulting instances of leaking and spills from tanks, wells, and pipelines.
DeFazio Amendment. Authorizes $10 million of the revenue generated by the underlying bill for the Commodity Futures Trading Commission to use existing authority to limit speculation in energy markets.

Bill Text for H.R. 1965:
PDF Version

Background for H.R. 1965:
House Report (HTML Version)

House Report (PDF Version)

Suspension (1 bill)

  1. S. 1545 – PEPFAR Stewardship and Oversight Act (Sen. Menendez – Foreign Affairs)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Wednesday, November 20: The House will meet at 12:00 p.m. for legislative business. The House is expected to consider H.R. 2728 – Protecting States’ Rights to Promote American Energy Security Act (Rep. Flores – Natural Resources) (Subject to a Rule).

 
The Daily Quote

“The thirteen top Republicans on the House Appropriations Committee joined in a letter Monday urging budget negotiators to ‘redouble’ their efforts and report a top-line number for discretionary spending before Thanksgiving — or no later than Dec. 2. ‘If a timely agreement is not reached, the likely alternatives could have extremely damaging repercussions,’ warns the letter. It is addressed to the House and Senate Budget committees but appears aimed too at Speaker John Boehner (R-Ohio), who faces pressure to take a more active role if the talks continue to drift with no resolution in sight. House Appropriations Committee Chairman Hal Rogers (R-Ky.) led in organizing the letter. But all 12 of his subcommittee chairs signed on as well, and while typically loyal to Boehner, they represent a serious power bloc if they should ever decide to stand up for themselves and show some muscle. ‘The failure to reach a budget deal to allow Appropriations to assemble funding for 2014 will reopen the specter of another government shutdown,’ the letter says. ‘Second it will reopen the probability of governance by continuing resolution, based on prior year outdated spending needs and priorities, dismissing in one fell swoop all the work done by Congress to enact appropriations bills… that reflect the will of Congress and the people we represent. Third, the current sequester and the upcoming ‘Second Sequester’ in January would result in more indiscriminate across the board reductions that could have negative consequences on critically important federal programs, especially our national defense.’”

-    Politico, 11/18/13