Simpson to Forest Service: Observe First Amendment in Wilderness

“Under no circumstances should the Forest Service be dictating its views about content to the media.”

Boise, ID – Idaho Congressman Mike Simpson last week sent a letter to U.S. Forest Service Chief Tom Tidwell expressing his strong concern about the Service’s Proposed Rules for Commercial Filming in Wilderness Areas. Simpson’s primary concern is that the Administration’s final rule will place an undue burden on journalists, television programs, outfitters and guides and other media-related activities that have traditionally enjoyed access to wilderness areas for filming or photography.

“My office has received considerable contact from journalists and others who regularly film or take photographs in our nation’s spectacular wilderness areas,” Simpson wrote. “These are people who appreciate wilderness, want to share its values with others, or may want to use their photographs or videos to help promote their business. These are not individuals who are looking to film feature length action movies that would do harm to wilderness areas or involve multiple cameras with large crews and extensive sets.”

Simpson’s primary concern is protecting the First Amendment, “Under no circumstances should the Forest Service be dictating its views about content to the media,” Simpson wrote. “The portion of the rule that leaves open the possibility that the Forest Service could deny access over content raises serious First Amendment concerns and is contrary to any Congressional intent associated with the creation of the National Wilderness Preservation System.”

Simpson is requesting Chief Tidwell to ensure the final rule addresses concerns from journalists and others who would like to film or take photographs in wilderness areas administered by the U.S. Forest Service.

A copy of the letter can be found on Simpson’s website.

Simpson Response to Obama’s Immigration Plan
The following statement was issued by Idaho Congressman Mike Simpson following the President’s Address to the Nation on his plans for immigration:

“Let me be clear, the President's actions tonight are illegal, unconstitutional, and contrary to the way in which the American people expect the President and Congress to interact. They have the potential to throw us into a Constitutional Crisis.

“Apparently the President didn't get the message the American people sent to him two weeks ago. At the same time, I strongly believe my party's response to this inappropriate executive action should be measured and realistic.  We cannot shut down the government, impeach the President, or allow this issue to impede progress on deficit reduction, tax reform, or other critical priorities for the American people.  Instead, we should fight this edict early next year in any realistic way we can, fight the President in the courts, and move expeditiously to enact a more responsible, effective and lasting approach to immigration reform.”

Simpson Supports Bills to Improve EPA’s Public Accountability
Idaho Congressman Mike Simpson supported a series of bills to bring greater transparency and accountability to actions by the Environmental Protection Agency (EPA).  H.R. 1422, the EPA Science Advisory Board Reform Act of 2013, H.R. 4012, the EPA Science Advisory Board Reform Act of 2013, and H.R. 4795, the Promoting New Manufacturing Act, were all passed by the House of Representatives and are now awaiting action by the U.S. Senate.

H.R. 1422, which makes a number of reforms to the EPA’s Science Advisory Board to ensure that EPA’s decisions are made on sound science, complements Simpson’s efforts to address concerns about the EPA’s Integrated Risk Information System (IRIS) program.  In recent years the IRIS program has drawn harsh criticism from the science community.  H.R. 1422 takes action based on findings from a National Academy of Sciences study that Simpson commissioned in 2011 when he chaired the House Interior and Environment Appropriations Subcommittee.

“The public needs to be able to trust that EPA’s policy decisions are based on good science and not swayed by politics,” said Simpson.  “When we first examined the IRIS system, we found a broken process that lacked scientific accountability, and I’m pleased that Congress has taken up addition efforts to improve transparency and accountability and increase public participation in EPA’s decision making process.”

H.R. 4012 would ensure that the scientific data used by EPA for policy decisions is available to the public.  The bill responds to concerns about the fact that the Obama Administration has not made public the data behind a number of its decisions and has refused to provide the information to Congress when requested.  Similarly, H.R. 4795 would improve accountability and transparency in EPA’s permitting process for industrial projects.

“I have long expressed my concern about EPA’s appetite for aggressive regulation, a concern that is magnified by the fact that EPA cannot or refuses to provide the scientific data it uses to make these policies,” said Simpson.  “These bills are reasonable and important measures to bring transparency and accountability to the regulatory process, and I am hopeful that the Senate will act on them quickly.” 

Floor Schedule

MONDAY, DECEMBER 1ST
On Monday, the House will meet at 2:00 p.m. for legislative business. Votes will be postponed until 6:30 p.m.

Legislation Considered Under Suspension of the Rules:

1) H.R. 5629 - Strengthening Domestic Nuclear Security Act of 2014, as amended (Sponsored by Rep. Patrick Meehan / Homeland Security Committee)

2) H.R. 3438 - National Laboratories Mean National Security Act (Sponsored by Rep. Eric Swalwell / Homeland Security Committee)

TUESDAY, DECEMBER 2ND AND THE BALANCE OF THE WEEK
On Tuesday and Wednesday, the House will meet at 10:00 a.m. for morning hour and 12:00 p.m. for legislative business.

On Thursday, the House will meet at 9:00 a.m. for legislative business. Last votes expected no later than 3:00 p.m.

On Friday, no votes are expected in the House.

Legislation Considered Under Suspension of the Rules:

1) H.R. 5683 - Ensuring Access to Justice for Claims Against the United States Act, as amended (Sponsored by Rep. Ron DeSantis / Judiciary Committee)

2) H.R. 5421 - Financial Institution Bankruptcy Act of 2014, as amended (Sponsored by Rep. Spencer Bachus / Judiciary Committee)

3) H.R. 4924 - Bill Williams River Water Rights Settlement Act of 2014, as amended (Sponsored by Rep. Paul Gosar / Natural Resources Committee)

4) S. 2040 - Blackfoot River Land Exchange Act of 2014 (Sponsored by Sen. Mike Crapo / Natural Resources Committee)

5) H.R. 5050 - May 31, 1918 Act Repeal Act (Sponsored by Rep. Mike Simpson / Natural Resources Committee)

6) H.R. 2455 - Nevada Native Nations Lands Act, as amended (Sponsored by Rep. Mark Amodei / Natural Resources Committee)

7) H.R. 3572 - To revise the boundaries of certain John H. Chafee Coastal Barrier Resources System units in North Carolina, as amended (Sponsored by Rep. Mike McIntyre / Natural Resources Committee)

8) H.R. 3410 - Critical Infrastructure Protection Act, as amended (Sponsored by Rep. Trent Franks / Homeland Security Committee)

9) H.R. 5714 - Pest Management Records Modernization Act (Sponsored by Rep. Kurt Schrader / Agriculture Committee)

10) H.R. 5739 - No Social Security for Nazis Act (Sponsored by Rep. Sam Johnson / Ways and Means Committee)

11) H.R. 4569 - Disclosure Modernization and Simplification Act of 2014, as amended (Sponsored by Rep. Scott Garrett / Financial Services Committee)

12) H.R. 4200 - SBIC Advisers Relief Act of 2014 (Sponsored by Rep. Blaine Luetkemeyer / Financial Services Committee)

13) H.R. 5471 - To amend the Commodity Exchange Act and the Securities Exchange Act of 1934 to specify how clearing requirements apply to certain affiliate transactions, and for other purposes (Sponsored by Rep. Gwen Moore / Financial Services Committee)

14) H.R. 3240 - Regulation D Study Act (Sponsored by Rep. Robert Pittenger / Financial Services Committee)

15) H.R. 4329 - Native American Housing Assistance and Self-Determination Reauthorization Act of 2014, as amended (Sponsored by Rep. Steve Pearce / Financial Services Committee)

16) H.R. 2790 - Housing Assistance Efficiency Act (Sponsored by Rep. Scott Peters / Financial Services Committee)

17) H.R. 2366 - World War I American Veterans Centennial Commemorative Coin Act, as amended (Sponsored by Rep. Doug Lamborn / Financial Services Committee)

18) H. Res. 758 - Strongly condemning the actions of the Russian Federation, under Vladimir Putin, which has carried out a policy of aggression against neighboring countries aimed at political and economic domination, as amended (Sponsored by Rep. Adam Kinzinger / Foreign Affairs Committee)

19) H. Res. 714 - Reaffirming the peaceful and collaborative resolution of maritime and jurisdictional disputes in the South China Sea and the East China Sea as provided for by universally recognized principles of international law, and reaffirming the strong support of the United States Government for freedom of navigation and other internationally lawful uses of sea and airspace in the Asia-Pacific region, as amended (Sponsored by Del. Eni Faleomavaega / Foreign Affairs Committee)

20) S. 2673 - United States-Israel Strategic Partnership Act of 2014 (Sponsored by Sen. Barbara Boxer / Foreign Affairs Committee)

Possible consideration of the FY2015 National Defense Authorization Act

Possible consideration of legislation related to expired tax provisions

Possible consideration of H.R. 647 - ABLE Act of 2014

In the News

Editorial: It’s essential that Forest Service make access for journalists clear
Editorial Board, Spokesman-Review, November 29, 2014

Two months ago, the U.S. Forest Service caused a stir when it looked as if it wanted to make permanent a rule that could charge journalists for reporting, filming or photographing in wilderness areas, and preclude coverage the agency deemed negative.

After considerable backlash, Forest Service officials said journalists were not the intended targets of permits. The agency was merely trying to clarify a rule for commercial activities, such as filming commercials or movies.

Rep. Mike Simpson, R-Idaho, sent a letter this week to Forest Service Chief Tom Tidwell to make sure the language of the final rule matches this intent. The public comment period ends on Wednesday. There is still cause for concern, because the initial confusion was sown by the Forest Service, which, according to an Oregonian article, wanted to charge reporters and photographers up to $1,500 for permits to pursue, for example, allegations of neglect on wilderness land. An agency spokeswoman said the rule was needed to comply with the Wilderness Act of 1964.

Perhaps lines of communications got crossed, but there have been several incidents in recent years that indicate the Forest Service, at least in some jurisdictions, would like to clamp down on coverage.

Idaho Public Television was told to buy permits for a documentary it planned to shoot this year on the 50th anniversary of the Wilderness Act, the Seattle Times reported. Plus, the station had to persuade the government that the documentary would “be in keeping with their interpretation of the values of wilderness,” according to IPTV general manager Ron Pisaneschi.

In 2010, Idaho Gov. Butch Otter protested when Salmon-Challis National Forest officials made the same station apply for permits to cover some kids fixing wilderness trails. They eventually relented, but it was too late.

In 2007, Yellowstone Park officials told a reporter she had to buy a $200 permit and liability insurance, and then wait two weeks for approval before interviewing a wildlife biologist about wolf reintroduction, the Seattle Times reported.

So Rep. Simpson, journalists and First Amendment advocates have plenty to be nervous about as the agency differentiates between journalism and the kinds of commercial activity it wishes to curtail. The Forest Service is well within its bounds in preventing or regulating the filming of commercials or movies. Nobody wants to see pristine areas trampled for profit.

But intent won’t mean anything if it isn’t specified.

As Rep. Simpson notes in his letter, the Forest Service needs to spell out when permits are not needed to avoid confusion (or intentional misinterpretation). The Forest Service chief has said they wouldn’t be required for breaking news, background reporting or as part of a news series or documentary.

Sounds great. Just put it writing. And make sure any need for editorial control is dropped from the final draft.