House Interior and Environment Spending Bill Policy Riders Would Impact Mississippi River Basin Natural Resources

The U.S. House was poised Thursday to approve H.R. 2822: a fiscal year 2016 Interior and Environment spending measure that funds the Environmental Protection Agency (EPA), Department of Interior and U.S. Forest Service. However, House Republican leaders canceled Thursday's vote following an intra-party split over a Confederate flag display amendment. House leaders do not believe a vote on the bill can be revived at this point because of the toxic Republican flag squabble. That news was welcomed by some Democrats and many environmental organizations opposed to the legislation's numerous riders restricting Obama administration climate, water and other conservation initiatives.

Several of those riders are of interest to Mississippi River Basin natural resource advocates.  The bill coming out of the House Appropriations Committee would delay the Fish and Wildlife Service's listing rule for the greater sage grouse under the Endangered Species Act until October 2016, blocked the EPA from changing the definition of fill material under the Clean Water Act, and halted EPA's final rule clarifying the scope of water bodies in the United States that receive protection under the Clean Water Act (known as the Waters of the United States rule).  Additional amendments related to policy relevant to Mississippi River Basin natural resources were considered during the floor debate earlier this week.  They are summarized below (The House maintains a full listing of all amendments proposed for this spending bill, and their disposition, here).

Amendments approved by voice vote (and links to those amendments):

• An amendment sponsored by Rep. Kevin Yoder (R) of Kansas to prevent the U.S. Fish and Wildlife Service from spending money to implement or enforce the threatened species listing of the lesser prairies chicken. 
• An amendment sponsored by Rep. Glenn Thompson (R) of Pennsylvania to prevent the Fish and Wildlife Service from treating the threatened northern long-eared bat as endangered. 
• An amendment sponsored  by Rep. Todd Rokita (R) of Indiana to bar the Fish and Wildlife Service from enforcing the Endangered Species Act for the Clubshell, Fanshell, Rabbitsfoot, Rayed Bean, Sheepnose or Snuffbox freshwater mussels.
• An amendment sponsored by Rep. Tim Walberg (R) of Michigan to prohibit funds from being used by the EPA to lobby on behalf of the Waters of the U.S. rule.
• An amendment sponsored by Rep. Scott Perry (R) of Pennsylvania  to prohibit the Department of Interior from using drones for mapping that could be done by the private sector.
• An amendment offered by Rep. Dan Newhouse (R) of Washington to block any potential efforts by EPA to issue new rules for livestock facilities under the federal Solid Waste Disposal Act.

Amendments proposed and then rejected by voice vote (and links to those amendments):

• An amendment offered by Rep. Brenda Lawrence (D) of Michigan to strike the bill provision that would halt EPA's Waters of the U.S. final rule.
• An amendment offered by Rep. Don Beyer (D) of Virginia to strike a bill provision blocking the administration from changing the definition of fill material under the Clean Water Act. 

Amendments that were decided in a roll call vote (and links to those amendments):

• An amendment offered by Rep. Niki Tsongas (D) of Massachusetts to strike the bill provision delaying the Fish and Wildlife Service's listing rule for the greater sage grouse under the Endangered Species Act until October 2016 (Rejected 186-243).
• An amendment offered by Rep. Raul Grijalva (D) of Arizona to remove a bill provision that would prevent the EPA Office of Surface Mining, Reclamation and Enforcement from promulgating a stream protection rule due to be published in the coming weeks (Rejected 189-239).
• A vote has been requested but was not held on an amendment sponsored by Rep. Bob Goodlatte (R) of Virginia that would give states more leeway in implementing EPA's pollution cleanup plan (TMDL) for the Chesapeake Bay (see this story for background on the issue, which has national implications).  

What's Next?

The White House has threatened to veto the House bill.  A related Senate Interior and Environment spending bill has been approved by the Senate's Appropriations Committee but has not been scheduled for floor consideration.  The White House has threatened to veto that bill, as well, because of it several environmental policy riders, including one that would prevent the EPA from using funding to implement its final Waters of the U.S. rule. 

With an upcoming five-week Congressional August recess looming and the House bill all but dead in the water, it would appear unlikely that either a Senate or House (or a compromise) Interior and Environment spending bill will be passed by both chambers and signed by the President before a September 30 end to the current fiscal year and its spending authority.  Still, policy riders can make there way into stop-gap funding measures (less likely), or be strategically placed into huge compilations of spending legislation known as "omnibus" measures (more likely).  So some or all of the above riders may be resurrected for consideration by Congress in the autumn.