Recent Developments

• Date: 01 March 2017

3-2017 NEWS & ANALYSIS 47 ELR 10259

RECENT DEVELOPMENTS

In the Congress

“In the Congress” entries cover activities reported in the Congressional Record from January 1, 2017, through Januar y 31,

2017. Entries are arranged by bill number, with Senate bills listed rst. “In the Congress” covers all environment-related

bills that are introduced, reported out of committee, passed by either house, or signed by the president. “In the Congress”

also covers all environmental treaties ratied by the Senate. is material is updated monthly. For archived materials, visit

http://elr.info/legislative/congressional-update/archive.

Public Law

H.R. 6452 (natura l resources), which

implements the Convention on the

Conservation and Mana gement of

High Seas Fisheries Resource s in t he

North Pacic Ocean and the Conven-

tion on the Conservation and Manage-

ment of High Seas Fishery Resources in

the South Pacic Ocean, was signed on

December 16, 2016. Pub. L . No. 114-

327. 163 Cong. Rec. D10 (daily ed. Jan.

4, 2017).

Chamber Action

H.R. 46 (natura l resources), which

would authorize the Secretar y of the

Interior to conduct a special resource

study of Fort Ontario in the state of

New York, was passed by the House.

163 Cong. Rec. 712 (da ily ed. Jan. 30,

2017).

H.R. 306 (energy), which would

amend the Energy Independence and

Security Act to promote energy e-

ciency via information and computing

technologies, was passed by the House.

163 Cong. Rec. H266 (daily ed. Jan.

10, 2017).

H.R. 353 (climate change), which

would improve NOAA’s weather re-

search through a focu sed program of

investment on aordable and attainable

advances in observationa l, computing,

and modeling capabilities to support

substantial improvement in weather

forecasting and prediction of high-

impact weather events, and to expand

commercial opportunities for the provi-

sion of weather data, was passed by the

House. 163 Cong. Rec. H218 (daily ed.

Jan. 9, 2017).

H.R. 374 (wildlife, governa nce),

which would remove the sunset provi-

sion of §203 of Pub. L. No. 105-384 on

sheries management, was passed by

the House. 163 Cong. Rec. 713 (da ily

ed. Jan. 30, 2017).

H.R. 381 (land use), which would

designate a mountain in the John Muir

Wilderness of the Sierra National For-

est as “Sky Point,” was passed by the

House. 163 Cong. Rec. 709 (daily ed.

Jan. 30, 2017).

H.R. 511 (energy), which would pro-

vide for consideration of the extension

under the Energy Policy and Conserva-

tion Act of nonapplication of No-Load

Mode energy-eciency standard s to

certain security or life safety alarms or

surveillance s ystems, was passed by the

House. 163 Cong. Rec. H566 (da ily ed.

Jan. 23, 2017).

H.R. 518 (energy), which would

amend the Energy Policy and Con-

servation Act to exclude power supply

circuits, drivers, and device s designed

to be connected to, and power, light-

emitting diodes or organic lig ht-

emitting diodes providing il lumination

from energy conservation standards for

external power supplies, was passed by

the House. 163 Cong. Rec. H571 (daily

ed. Jan. 23, 2017).

H.R. 538 (land use), which would

redesignate Ocmulgee National Monu-

ment in the state of Georgia and revise

its boundary, was passed by the House.

163 Cong. Rec. 714 (daily ed. Jan. 30,

2017).

H.R. 555 (land use), which would

direct the Federal Communications

Commission to amend its rules so as

to prohibit the application to amateur

stations of certain private land use

restrictions, was pass ed by the House.

163 Cong. Rec. H581 (daily ed. Jan.

23, 2017).

H.R. 558 (land use), which would

adjust the boundary of the Kennesaw

Mountain National Battleeld Park

to include the Wallis House and Har-

riston Hill, was pass ed by the House.

163 Cong. Rec. 716 (dai ly ed. Jan. 30,

2017).

H.R. 587 (energy), which would

amend the Federal Power Act to pro-

vide that any inaction by FERC that

allows a rate change to go into eect

shall be treated as a n order by the

Commission for purposes of rehearing

and court review, was passed by t he

House. 163 Cong. Rec. H568 (daily ed.

Jan. 23, 2017).

H.R. 589 (energy), which would estab-

lish Department of Energy policy for

science and energy research a nd devel-

opment programs and reform National

Laboratory management and tech nolo-

gy transfer progra ms, was passed by the

House. 163 Cong. Rec. H646 (daily ed.

Jan. 24, 2017).

H.R. 590 (energy), which would foster

civilian resea rch and development of

advanced nuclear energy tec hnologies

and enhance the licen sing and com-

mercial deployment of such technolo-

gies, was passed by t he House. 163

Cong. Rec. H569 (daily ed. Jan. 24,

2017).

Copyright © 2017 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120.

47 ELR 10260 ENVIRONMENTAL LAW REPORTER 3-2017

Committee Action

H.R. Res. 33 (govern ance) was re-

ported by the Committee on Rules. H.

Rep. No. 115-2, 163 Cong. Rec. H234

(daily ed. Jan. 9, 2017). e bill would

provide for the consideration of the

bill (H.R. 5) to reform the process by

which federal agencies ana lyze and for-

mulate new regulations and gu idance

documents, clarif y the nature of judi-

cial review of agency interpretat ions,

and ensure complete analysis of poten-

tial impacts on smal l entities of rules.

H.R. Res. 70 (water) was reported by

the Committee on Rules. H. Rep. 115-

6, 163 Cong. Rec. H742 (dai ly ed. Jan.

30, 2017). e bill would disapprove

the Stream Protection Rule.

H.R. Res. 71 (natur al resources) was

reported by the Committee on Rules.

H. Rep. 115-6, 163 Cong. Rec. H742

(daily ed. Jan. 30, 2017). e bill would

set forth the rule for consideration of

H.R. J. Res. 41 and provide for consid-

eration of H.R. J. Res. 40.

Bills Introduced

S. 22 (Heller, R-Nev.) (land use)

would amend Title 54, U.S. Code, to

prohibit the further extension or es-

tablishment of national monuments in

the state of Nevada, except by express

authorization of Congress. 163 Cong.

Rec. S59 (daily ed. Jan. 4, 2017). e

bill was referred to the Committee on

Energy and Natural Resources.

S. 31 (Feinstein, D-Ca l.) (natur al

resources) would amend the Outer

Continental Shelf Lands Act to perma-

nently prohibit the conduct of oshore

drilling on the outer continental shelf

o the coast of California , Oregon, and

Washington. 163 Cong. Rec. S59 (dai ly

ed. Jan. 4, 2017). e bill wa s referred

to the Committee on Energy and Natu-

ral Resources.

S. 32 (Fei nstein, D-Ca l.) (land use)

would provide for conser vation, en-

hanced recreation opportunitie s, and

development of renewable energ y in

the California D esert Con servation

Area. 163 Cong. Rec. S112 (daily e d.

Jan. 5, 2017). e bill w as referre d to

the Comm it tee on Energ y and Natu-

ral Re sources.

S. 33 (Murkowski, R-Ala ska) (gov-

ernance) would provide for congres-

sional approval of national monuments

and restrictions on the use of national

monuments and establish requirements

for the declaration of marine national

monuments. 163 Cong. Rec. S113

(daily ed. Jan. 5, 2017). e bill wa s

referred to the Committee on Energy

and Natural Resource s.

S. 35 (Thun e, R-S.D.) ( land use)

would transfer ad ministrative ju ris-

diction over certa in BLM la nd from

the S ecreta ry of the Interior to t he

Secre tary of Vetera n Aai rs for in-

clusion in the Blac k Hil ls National

Cemetery. 163 Con g. Rec. S113

(daily ed. Jan. 5, 2017). e bil l was

referr ed to the C ommittee on Energ y

and Na tura l Resource s.

S. 49 (Murkowski, R-Ala ska) (land

use) would provide a leasing program

within the coasta l plain. 163 Cong.

Rec. S113 (daily ed. Jan. 5, 2017). e

bill was referred to the Committee on

Energy and Natural Resources.

S. 53 (Cantwe ll, D-Wash .) (natura l

reso urces) wo uld author ize

and s trengthen th e NOAA t sunami

detec tion, fore cast, w arni ng, re-

search, a nd mitig ation program. 163

Cong. Rec. S113 (da ily e d. Jan. 5,

2017). The bill was refer red to th e

Comm ittee on C ommerce, Science,

and Tra nsporta tion.

S. 55 (Gillibrand, D-N.Y.) (natural

resources) would authorize the Secre-

tary of the Interior to conduct a special

resource study in Fort Ontario in the

state of New York. 163 Cong. Rec.

S113 (daily ed. Jan. 5, 2017). e bill

was referred to the Committee on En-

ergy and Natural Resources.

S. 61 (Cantwell, D-Wash.) (wild-

life) would remove the sunset provi-

sion of §203 of Pub. L. No. 105-384.

163 Cong. Rec. S154 (daily ed. Jan.

9, 2017). e bill was referred to the

Committee on Commerce, Science,

and Transportation.

S. 62 (Fla ke, R-Ariz.) (land u se)

would authorize t he Secretary of the

Interior to establi sh the Januar y 8th

National Memoria l in Tucson, Arizo-

na, as an aliated a rea of the National

Park System. 163 Cong. Rec. S154

(daily ed. Jan. 9, 2017). e bil l was

referred to the C omm ittee on Energy

and Natura l Resources.

S. 63 (Moran, R-Kan.) (governa nce)

would clarify t he rights of Native

Americans and Native A merican

tribes on Native American land s un-

der the National Labor Relations Act.

163 Cong. Rec. S154 (daily ed. Jan.

9, 2017). e bill was referred to the

Committee on Indian A airs.

S. 70 (Enzi, R-Wyo.) (land use) would

designate the mountain at the Devi ls

Tower Nationa l Monument, Wyoming,

as Devils Tower. 163 Cong. Rec. S154

(daily ed. Jan. 9, 2017). e bill was

referred to the Committee on Energy

and Natural Resource s.

S. 71 (Nelson, D-Fla.) (natura l re-

sources) would amend the Internal

Revenue Code to temporarily allow

expensing of certain costs of replanting

citrus plants lost by reason of casua lt y.

163 Cong. Rec. S154 (daily ed. Jan.

9, 2017). e bill was referred to the

Committee on Finance.

S. 74 (Nelson, D-Fla.) (water) would

improve the ability of NOAA, the

Coast Guard, and coa stal states to

sustain healthy oce an and coastal ec o-

systems by maintain ing and sustaining

their capabilities relating to oil spill

preparedness, prevention, and response.

163 Cong. Rec. S154 (daily ed. Jan.

9, 2017). e bill was referred to the

Committee on Commerce, Science,

and Transportation.

S. 76 (Capito, R-W. Va.) (governance)

would amend the Internal Revenue

Code to provide additional new mar-

kets tax credits for dist ressed coal com-

munities. 163 Cong. Rec. S204 (daily

ed. Jan. 10, 2017). e bill was referred

to the Committee on Finance.

S. 79 (K ing, I-Me.) (energ y) would

provide for t he establi shment of a pilot

program to identify securit y vulnera-

bilities of certa in entities in the energ y

sector. 163 Cong. R ec. S204 (da ily ed.

Copyright © 2017 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120.