Recently in Washington

Last week the House passed H.R. 2824, the Preventing Government Waste and Protecting Coal Mining Jobs in America Act, by a vote of 229-192. The bill requires states to incorporate the “Stream Buffer Zone Rule” which was previously rejected by the Administration.  The House also passed H.R. 1459, the Ensuring Public Involvement in the Creation of National Monuments Act by a vote of 222-201.  This bill would require the Administration to make national monument declarations in an open public process.  The House also passed H.R. 4302, the Protecting Access to Medicare Act, and H.R. 4278, the Ukraine Support Act.  Congressman Simpson supported all four bills.

Simpson Blasts EPA Over Water Rule
Idaho Congressman demands to know why EPA releases rule prior to receiving conclusion of scientific results – says agency just fired the first shot over the bow

Idaho Congressman Mike Simpson last week blasted the Environmental Protection Agency over the rule it proposed earlier this week to expand the Obama Administration’s jurisdiction under the Clean Water Act.  EPA Administrator Gina McCarthy was scheduled to testify before the House Interior and Environment Appropriations Subcommittee, of which Simpson is a member, on the FY15 budget request, but the controversial proposed rule dominated discussion.  During the hearing, Full Committee Chairman Hal Rogers vowed that the EPA’s attempts to drastically expand its authority would fall flat in Congress and that much of the fight would take place in the Appropriations Committee.

Simpson didn’t hesitate in expressing his complete opposition to the proposed rule.  “You say you want to create certainty,” he said during his comments, “but you just fired the first shot over the bow in the west, because this is war. Water is obviously vitally important in Idaho.”  He added, “Just because the EPA or the Army Corps doesn’t regulate it under the current rule doesn’t mean that it isn’t regulated.  The states regulate it.”

Simpson also complained that the EPA chose to issue the proposed rule before the Science Advisory Board has completed its review of the science on the connection between water bodies, which is one of the major issues at stake in the new proposal.  “Why would you issue this proposed rule prior to getting the results of the science advisory board?  It tells me two things . . . either one, you don’t care what they are going to say, or two, you already know what they are going to say.” He continued, “You’re going out for 90 days of public review, but the public won’t have this information in time to give a legitimate comment.”

Simpson Takes Every Opportunity to Protect Idaho Water
Idaho Congressman Discusses Major Concerns of EPA’s Overreach on Navigable Waters during Budget Hearing for Army Corps of Engineers and Addresses Maintaining Water Infrastructure

Idaho Congressman Mike Simpson hosted leaders of the Army Corps of Engineers and the Bureau of Reclamation (BOR) in two hearings before the Energy and Water Development Appropriations Subcommittee to discuss Fiscal Year 2015 budget issues.  Simpson, who chairs the subcommittee, oversees the budgets for the Army Corps of Engineers and the Bureau of Reclamation. 

Testifying for the Army Corps of Engineers was Assistant Secretary of the Army for Civil Works Jo-Ellen Darcy and Chief of Engineers Lieutenant General Thomas Bostick.  Acting Commissioner Lowell Pimley testified for the Bureau of Reclamation.

Regarding the navigable waters rule, Simpson said, “It is stunning to me that the Administration claims this proposed rule is supported by science, but that’s hard to believe when you look at the sequence of events.” After the hearing, Simpson said, “The Obama Administration clearly wants to use its regulatory agenda to control every drop of water in the country. This is completely unacceptable and an infringement on state rights.”

In the Bureau of Reclamation hearing, Simpson talked about maintaining aging water infrastructure with flat budgets, future year planning, and BOR's work with the Corps to study the possibility of increasing water storage at the Ririe Reservoir in Bonneville County, Idaho. “It would seem we—the executive branch and legislative branch together—have some tough decisions to make,” said Simpson.  “Either we reevaluate the number and breadth of actions we promise to deliver or, if these really are strong national priorities compared to national priorities in other policy areas, we figure out a way to better reflect that in Reclamation’s budget.”

In the Army Corps hearing, Simpson also expressed concern that the Administration has not been following congressional direction in implementing the civil works program. 

Simpson Tackles Wildfire, Sage-Grouse with DOI Secretary

Idaho Congressman Mike Simpson discussed the need to budget accurately for wildfire suppression costs and concerns about a possible sage-grouse listing with the Secretary of Interior.  Secretary Sally Jewell testified before the House Interior and Environment Appropriations Subcommittee, on which Simpson sits, regarding the Department of Interior’s budget request for FY15. 

Simpson’s bill, the Wildfire Disaster Funding Act, was a main topic of conversation during the hearing.  The bill aims to end the current practice of “fire borrowing,” where agencies must transfer money from non-fire accounts when fire suppression costs exceed the budget.  The bill would fund catastrophic wildfires, which are 1% of all wildfires but make up 30% of the cost, similarly to other natural disasters, like hurricanes, earthquakes, and floods.  The budget request includes similar language.

“It’s important for people to understand that we aren’t trying to spend more money on wildfires.  We already spend whatever it takes,” said Simpson.  “What we want to do is stop borrowing money from other accounts to pay for fire suppression.  We need to get this wildfire fighting bill done.”

Simpson also expressed concern about the pending decision of whether or not to list sage-grouse as an endangered species and the states’ role in that process.  “Some of the states are complaining that they aren’t being involved as much as they thought they would be,” he chided Jewell.  “They have concerns that the Department is not fully engaged with the states in looking at state management plans.”

The hearing also focused on the need to find long-term funding for the Payment in Lieu of Taxes program and drought issues in the West.

Simpson Examines Budget for Energy Programs

Idaho Congressman Mike Simpson last week held his first two hearings as Chairman of the Energy and Water Development Appropriations Subcommittee to discuss budget issues with officials from the Department of Energy.

The first hearing was focused on the Department of Energy’s Applied Energy Programs, with Assistant Secretaries from the Offices of Energy Efficiency and Renewable Energy, Nuclear Energy, Fossil Energy, and Electricity Delivery and Energy Reliability testifying.  The second hearing was focused on the Department of Energy’s Office of Science, with Acting Director Dr. Patricia Dehmer testifying.

In the first hearing, Simpson discussed recent announcements regarding the Small Modular Reactor program, the Department’s emergency response capability related to extreme events that affect the electricity grid, and funding for Safeguards and Security at the Idaho National Lab.  He also noted that the Obama Administration has once again proposed a significant increase for Energy Efficiency and Renewable Energy while proposing to reduce Fossil Energy and Nuclear Energy.

“Your programs account for more than $3.8 billion of the Department’s budget request for fiscal year 2015.  I must note that while the request is more balanced than last year, the two accounts—Nuclear and Fossil—which Congress increased last year received reductions,” said Simpson.  “To the extent that the President is serious about an ‘all of the above’ energy strategy, I would hope that this is the last year we see this imbalance in the request.”

In the Office of Science hearing, Simpson talked about working towards scientific breakthroughs with a flat budget, transitioning away from awarding multi-year grants that “mortgage” future year appropriations, and practical examples of how investments in science programs are a good use of taxpayer dollars. 

“Your program has, of course, generally received broad bipartisan support,” said Simpson.  “However, as budgets continue to be constrained, you and your colleagues will have to work even harder to find ways to illustrate the importance of your programs as they compete with others for funding.”    

After the hearings, Simpson said, “Our budget situation will require us to make difficult decisions.  I am mindful of the importance that these programs hold not just for American industrial competitiveness, but also for the comfort, safety, and well-being of all of our constituents.  But we need to set careful priorities and do more with the limited resources available, and always remain mindful of what the role of the private sector is or should be in making these investments.”

Simpson Opposes EPA Water Rules
“. . .the Obama Administration isn’t interested in the facts, but simply in grabbing power wherever it can.”

Idaho Congressman Mike Simpson expressed concern over the proposed rule issued last week by the Environmental Protection Agency and the Army Corps of Engineers regarding the agencies’ Clean Water Act jurisdiction. 

“I have long feared that the Obama Administration would use this issue to infringe on state sovereignty, and under this proposal those fears appear to be coming true,” said Simpson. “While more time will be required to analyze the details of the EPA’s proposed rule, it would essentially give the Obama Administration much broader jurisdiction under the Clean Water Act—something I simply can’t support. In addition, I find it utterly ridiculous that the EPA has decided to issue a proposed rule before the scientific review of the connection between water bodies is complete. That says to me that the Obama Administration isn’t interested in the facts, but simply in grabbing power wherever it can.”

Simpson chairs the House Energy and Water Appropriations Subcommittee, which has jurisdiction over the Corps’ budget, and sits on the House Interior and Environment Appropriations Subcommittee, which oversees the budget for the EPA.

“Both the EPA Administrator and the leaders of the Army Corps will be coming before my subcommittees later this week,” said Simpson. “I am confident that this issue will be a major point of discussion, which will give my colleagues and I an opportunity to make clear our commitment to defeating this proposal.”

Simpson Applauds Idaho Students’ Success in Science Bowl Competition
Idaho’s 2nd Congressional District Sends Four Teams to National Science Bowl, the Most of Any Congressional District in the United States

Idaho Congressman Mike Simpson praised the accomplishments of four Idaho schools that are advancing to the 2014 National Science Bowl Finals after winning their respective regional competitions. Idaho’s Second Congressional District is the only district to send four schools to the National Finals.

The Idaho teams that won their regional qualifying competitions are: 

·         Mackay Junior-Senior High School (Middle School)

·         Idaho Falls High School

·         Boise High School

·         Treasure Valley Math and Science Center (Middle School)

“I am impressed that our students in Idaho are leading the way in science,” said Simpson. “It is no secret that science is an important aspect of any child’s education and we certainly understand the significance of this in Idaho where employers such as Idaho National Laboratory and Micron Technology covet these valuable skills. These students have a very bright future and I wish them the best of luck in the National Finals.” 

A series of regional middle school and high school tournaments were held across the country from January through March. The competition is managed by the DOE’s Office of Science. More information is available on the National Science Bowl website: http://www.science.energy.gov/wdts/nsb/.

The National Science Bowl finals will be held from April 24-28 in Washington, D.C.

Committee Schedule

Wednesday
At 9:30 a.m., the House Interior and Environment Subcommittee on Appropriations will hold a hearing with U.S. Forest Service Chief Tom Tidwell.

At 10:00 a.m., Chairman Simpson will hold a House Energy and Water Appropriations Subcommittee hearing with Department of Energy Secretary Ernest Moniz.

At 2:00 p.m., The House Transportation, Housing and Urban Development Subcommittee on Appropriations will hold a public housing oversight hearing.  HUD Secretary Shaun Donovan will testify.

Thursday
At 9:30 a.m., the House Interior and Environment Subcommittee on Appropriations will hold a hearing with Jon Jarvis, the Director of the National Park Service.

At 10:00 a.m., Chairman Simpson will hold a House Energy and Water Appropriations Subcommittee hearing regarding the Department of Energy's National Nuclear Security Administration budget.

At 10:00 a.m., the House Transportation, Housing and Urban Development Subcommittee on Appropriations will hold a DOT modes oversight hearing.

At 2:00 p.m., Chairman Simpson will hold a House Energy and Water Appropriations Subcommittee hearing regarding the Department of Energy’s National Nuclear Security Administration Nuclear Non-proliferation and Naval Reactors budget.

Friday
At 9:30 a.m., the House Interior and Environment Subcommittee on Appropriations will hold a hearing with Neil Kornze, Acting Director of the Bureau of Land Management.

At 11:00 a.m. the House Interior and Environment Subcommittee on Appropriations will hold a hearing regarding the Bureau of Ocean Energy Management and the Bureau of Safety and Environmental Enforcement budgets.

Floor Schedule

MONDAY, MARCH 31ST
On Monday, the House is not in session.

TUESDAY, APRIL 1ST
On Tuesday, the House will meet at 12:00 p.m. for morning hour and 2:00 p.m. for legislative business. Votes will be postponed until 6:30 p.m.

Legislation Considered Under Suspension of the Rules:

1) Concur in the Senate Amendment to H.R. 4152 - To provide for the costs of loan guarantees for Ukraine (Sponsored by Rep. Harold Rogers / Appropriations Committee / Foreign Affairs Committee)

2) S. 2183 - United States International Programming to Ukraine and Neighboring Regions (Sponsored by Sen. Mitch McConnell / Foreign Affairs Committee)

3) H.R. 2413 - The Weather Forecasting Improvement Act of 2014, as amended (Sponsored by Rep. Jim Bridenstine / Science, Space, and Technology Committee)

4) H.R. 4005 - Coast Guard and Maritime Transportation Act of 2014, as amended (Sponsored by Rep. Duncan Hunter / Transportation and Infrastructure Committee)

5) H.Con.Res. 92 - A bill to authorize the use of the Capitol Grounds for the National Peace Officers Memorial Service and the National Honor Guard and Pipe Band Exhibition (Sponsored by Rep. Lou Barletta / Transportation and Infrastructure Committee)

6) H.Con.Res. 88 - A bill to authorize the use of the Capitol Grounds for the Greater Washington Soap Box Derby (Sponsored by Rep. Steny Hoyer / Transportation and Infrastructure Committee)

7) S. 1557 - Children’s Hospital GME Support Reauthorization Act of 2013 (Sponsored by Sen. Robert Casey / Energy and Commerce Committee)

WEDNESDAY, APRIL 2ND AND THURSDAY, APRIL 3RD
On Wednesday and Thursday, the House will meet at 10:00 a.m. for morning hour and 12:00 p.m. for legislative business.

H.R. 2575 - Save American Workers Act of 2014 (Subject to a Rule) (Sponsored by Rep. Todd Young / Ways and Means Committee)

FRIDAY, APRIL 4TH
On Friday, the House will meet at 9:00 a.m. for legislative business.

H.R. 1874 - Pro-Growth Budgeting Act of 2013 (Subject to a Rule) (Sponsored by Rep. Tom Price / Budget Committee / Rules Committee)

In the News
GOP Appropriators Rip EPA Chief Over Proposal on Water Pollution

By Lauren Gardner, CQ Roll Call, March 27, 2014

Republican appropriators lambasted Environmental Protection Agency Administrator Gina McCarthy Thursday for proposing a rule to define the reach of a decades-old water pollution law before the agency’s independent scientists review the data used to write the draft.

The GOP protests over how the EPA has exercised its regulatory authority over the country’s waters make the issue a ripe target for inclusion as a policy rider in a forthcoming spending bill for the agency.

The proposed rule in question seeks to more clearly define which ephemeral and intermittent streams and water bodies must be regulated under the Clean Water Act (PL 95-217) and which are permanently exempted from government oversight.

About 60 percent of U.S stream miles flow only seasonally or after rain but affect downstream waters, according to the EPA. An estimated 117 million people obtain their drinking water from public systems that source in part from those streams.

But the agency released its proposal before its Scientific Advisory Board finished evaluating the peer-reviewed science that regulators used to draft the rule, drawing criticism from congressional Republicans who fear the EPA has prejudged what its final regulation will look like.

Starting the regulatory process before the science is fully studied “is a way to jump-start this process before the right questions should be asked,” House Interior-Environment Appropriations Subcommittee Chairman Ken Calvert, R-Calif., said during the hearing.

McCarthy said the EPA won’t finalize the rule until the board completes its review so regulators can consider the scientists’ assessment.

“It’s a belt and suspender approach,” she said of the study.

The Supreme Court has issued rulings on the law’s jurisdiction three times since 1985, with a split decision in 2006 confusing both regulators and the regulated. Four of the court’s conservative justices ruled then that the statute could only be extended to cover “relatively permanent” static or flowing bodies of water.

Justice Anthony M. Kennedy agreed but suggested a different test to determine what exactly constitutes “waters of the United States” — whether a body of water or wetland has a “significant nexus” to waters that are or could reasonably be navigable.

Joint guidance by the agency and the Army Corps of Engineers issued in 2011 sought to counsel enforcement officials on how to decide on a case-by-case basis which waters meet the test described by Kennedy.

The EPA says its proposal hews closely to the Supreme Court’s narrow readings of where the Clean Water Act should apply. Most seasonal and rain-dependent streams would be regulated under the draft, though water bodies with unclear connections to downstream water would be assessed on a case-by-case basis to determine whether each nexus is significant.

House GOP appropriators previously targeted the 2011 guidance, but the language was removed from fiscal 2012 spending measures. The stopgap nature the appropriations process has taken on in recent years also has precluded most environmental riders from reaching President Barack Obama’s desk.

“I can tell you, you just fired the first shot across the bow in the West, because we see this as a war,” said Energy-Water Appropriations Chairman Mike Simpson, R-Idaho.