THE DAILY WHIP: FRIDAY, SEPTEMBER 25, 2015

Complete Consideration of H.R. 348– “Regrettably Another Partisan Ideological Distraction” (RAPID) Act (Rep. Marino – Judiciary).  This bill would amend the environmental review process under the National Environmental Policy Act (NEPA), under the guise of streamlining the process to allow projects that are federally-funded or that require federal approval to move along more quickly.  However, what the bill actually does is strip out critical input from federal, state and local agencies and the public, jeopardizing both the environment and public safety.

The bill sets new tight deadlines for environmental review, permitting, and licensing decisions.  In cases where multiple agencies are affected, a lead agency would be required to set deadlines for other agency reviews, which must be met in 30 days.  The bill also allows private sector sponsors to prepare their own environmental assessments - creating inherent conflicts of interest that jeopardize the integrity of the decision-making process.

The bill would also greatly narrow the scope of judicial review in the NEPA process.  Civil actions would only be available to parties that participated in the environmental review public comment period and any such action would have to be filed within 180 days of the granting of a permit.

Proponents claim this bill will speed up the NEPA review process, allowing more construction projects to start and more jobs to be created. However, in reality, the bill creates a complicated one-size-fits-all stance towards the entire NEPA process, muddling requirements for all projects, not just construction – from grazing permits to the safe disposal of nuclear waste. 

In the Statement of Administration Policy, the President's senior advisors stated that they would recommend he veto this bill. With just three legislative days left before the government runs out of funding, House Republicans have chosen to bring a partisan bill to the Floor that the President will veto instead of providing certainty for the American people by funding the federal government.

The Rule provides for no further general debate and makes in order 10 amendments, debatable for 10 minutes, equally divided between the offeror and an opponent.  The amendments are:

Goodlatte Manager’s Amendment. Restricts who can seek judicial review of an agency permitting determination to parties to the underlying administrative proceeding and makes technical corrections to conform terminology for agency procedures.
Lowenthal Amendment. Prevents further evaluation or adoption of a project alternative that does not adequately address risks associated with flooding, wildfire, and climate change.
Grijalva Amendment. Requires an evaluation of each alternative in an environmental impact statement or environmental assessment to identify potential effects on low-income communities and communities of color. 
Gallego Amendment. Grants deadline extensions if requested by a state, a local elected official, or local tribal official.
Jackson-Lee Amendment #1. Strikes language in the underlying bill that would deem permits and licenses approved if an agency does not act within certain time frames set out in the bill.
Dingell Amendment. Prevents a project permit from being deemed approved under the timeline set forth in the bill if the project would limit access to or opportunities for hunting or fishing, or impact an endangered or threatened species under the Endangered Species Act.
Peters/Polis/Lowenthal/Lieu Amendment. Strikes section k of the underlying bill that prohibits federal agencies from considering the "social cost of carbon" in conducting environmental reviews or in environmental decision making.
Gosar Amendment. Seeks to prohibit federal agencies from following draft guidance entitled "the Revised Draft Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate change in NEPA Reviews” issued by the Council on Environmental Quality, 79 Fed. Reg. 77801 (Dec. 24, 2014), or similar guidance.
Jackson-Lee Amendment #2. Clarifies that the bill’s provisions do not apply to environmental reviews or permitting or other agency decisions for projects that could be a potential terrorist attack target or that are chemical facilities or other critical infrastructure.
Johnson (GA) Amendment. Clarifies that nothing in the bill will change or limit any law or regulation that allows for public comment or participation in an agency decision making process.

Bill Text for H.R. 348:
PDF Version

Background for H.R. 348:
House Report (HTML Version)
House Report (PDF Version)