Lawmakers have not given up hope on passing permitting legislation and a natural resources bill package this year, even though Congress has only two weeks left in Washington.
Leaders are working on wrapping up legislation to prevent a government shutdown and refill disaster relief coffers. Then there’s the National Defense Authorization Act, which usually carries energy and environment provisions.
Congress is looking to get all its work done by Dec. 20, when current funding expires. With only a handful of must pass bills pending, the White House and members want to use them as vehicles for dozens of bills big and small.
Permitting: Phones ‘ringing off the hook’
Senate Energy and Natural Resources Chair Joe Manchin (I-W.Va.) and House Natural Resources Chair Bruce Westerman (R-Ark.) met again last week and their staffs are engaged on a permitting deal.
The contours center on Manchin’s S. 4753, the “Energy Permitting Reform Act,” and National Environmental Policy Act changes sought by Westerman.
“We are still actively working on it,” Westerman told POLITICO’s E&E News. “I’d say we’re closer. There’s talks going on right now.”
He said it’s up to Manchin and Democrats to agree on something that will excite House Republicans, emboldened by the election results.
Manchin said, “We’re all … in the same ballpark. It’s just a matter on how you tweak it so everyone says, ‘OK, we can live with this.’ We’re very close.”
Manchin, Westerman and current ENR ranking member John Barrasso (R-Wyo.) may appreciate the momentum, but other lawmakers on both sides are skeptical.
Many Democrats, including retiring Environment and Public Works Chair Tom Carper (D-Del.), worry about deep changes to NEPA. And Republicans, including House Energy and Commerce leaders, worry about transmission provisions in the Manchin bill.
“The [Manchin-Barrasso bill] was really well socialized in the Senate,” said Devin Hartman of the center-right R Street Institute. “The House offices feel caught off guard and would have liked to have these ideas months ago. The key issue now is to socialize the concepts — making sure some of the perceived drawbacks are understood properly.”
Still, people familiar with the talks say they have indeed intensified. “The phones are definitely ringing off the hook,” a Republican aide said.
Natural resources bills
in addition to permitting, Manchin and Westerman say they’re still working on a package of outstanding public land and natural resources bills. Details are light on what bills could make the cut.
“We’ve passed a lot of stuff out of the House that the Senate hasn’t taken action on … just like with the permitting bill, there’s a lot of talks going back and forth,” said Westerman.
Manchin said lawmakers, “Just gotta find the proper place” for all of the outstanding bills, dozens of which cleared his committee last month.
Among the bills in contention is H.R. 6492, the “Expanding Public Lands Outdoor Recreation Experiences (EXPLORE) Act,” to overhaul policy governing outdoor recreation on public lands. The bill passed the House unanimously this year but remains in Senate limbo.
Westerman said the bill was being “hotlined” in the Senate for passage by unanimous consent. If nobody objects — or sponsors are able to address the objections — the measure could become law quickly.
“It’s a good bill, everyone seems to be in support of it,” Manchin said. “We’re just hoping that if it doesn’t make it now it will be high on the priority next week.”
Similarly awaiting passage is S.373, the “Reinvesting In Shoreline Economies and Ecosystems (RISEE) Act,” which would create a revenue-sharing arrangement for offshore wind projects with states. It advanced out of ENR last month. The bill would also adjust offshore oil revenues in the Gulf of Mexico.
The bill, led by Sens. Sheldon Whitehouse (D-R.I.) and Bill Cassidy (R-La.), is widely supported but could stall because Congress hasn’t figured out a way to pay for it, according to Manchin.
“It’s got a big bill on it, … a big price tag,” Manchin said.
Asked whether it had a pay-for, Manchin said no. “If we had a pay-for, it would have gone.”
Spending, NDAA
Leaders from both parties are working on a continuing resolution to extend government spending into next year — likely into March, as Republicans look for space to address other priorities once they take over the government in January.
Still, any deal to keep the government open will need significant Democratic support. Not only does that party still control the Senate, but House Republicans are unlikely to have the votes to act alone.
That’s especially true on disaster spending. The House Freedom Caucus released a statement last week saying disaster relief needed to be offset. Most disaster spending does not need to be paid for.
And two members of the hard-right group, Reps. Matt Rosendale (R-Mont.) and Andy Biggs (R-Ariz.), say they won’t vote for any continuing resolution.
The House and Senate released the final text for the National Defense Authorization Act. The House has already announced a likely vote this week (see related story).
