Senator
Max Baucus
Opening
Statement
EPW
Committee Hearing on Environmental Streamlining
Thank
you Mr. Chairman. I appreciate your
interest in this issue and look forward to working under your leadership as we
try to resolve these problems. I was privileged to be one of the authors of TEA-21. I helped write sections 1308 and 1309. These are the sections that direct the
Secretary of Transportation to find ways to expedite the project approval
process and get construction underway faster.
I
remember working with Senators Warner, Graham, Wyden and Chafee and with the
House members to come to a compromise on the environmental streamlining
provisions included in TEA-21. At the time, I had heard from my Department
of Transportation and from others about how cumbersome a process it is to come
to completion on a highway project. Everyone
who worked on TEA 21 both the House and Senate, wanted to include a direction
to the USDOT to streamline the planning and project development processes for
the states.
We
were very clear--The environment and the environmental reviews should NOT get
short shrift! But, we needed to find a
way to make it easier to get a project done, eliminate unnecessary delays, move
faster and with as little paperwork as possible.
I
cannot over-emphasize that the planning and environmental provisions of TEA-21
need to be implemented in a way that will streamline and expedite, not
complicate, the process of delivering transportation projects. These projects
that we’re trying to expedite provide good paying jobs for the folks in Montana
and for every state. Contracts must be let in a timely manner. That is why
Congress directed the USDOT to include certain elements in their regulations on
environmental streamlining.
We
included concepts to be incorporated - like concurrent environmental reviews by
agencies and reasonable deadlines for the agencies to follow when completing
their reviews. Certainly we did not legislate an easy task to the USDOT. Trying to coordinate so many separate
agencies is like trying to herd cats.
The
whole concept of environmental streamlining -- that is, to make the permit and
approval process work more smoothly and effectively, while still ensuring
protection of the environment -- is one of the more-difficult challenges of
TEA-21.
So
I waited for the rules to come out. And
waited. And two years after the passage of TEA-21 I finally got them. I
have to tell you Mr. Chairman. I’m was
very disappointed when those rules came out in May of 2000. I believe those
regulations hit very far from the mark. Those regulations were supposed to help
the State DOTS get their jobs done better and more efficiently-not make their
jobs harder. They were supposed to answer questions-but what is contained in
those documents raises even more questions than before because they were vague
where they needed to be precise.
Those
proposed rules would make it even harder, if not impossible to come to a
decision. It would have been even more
difficult for States to deliver their programs. Contracts wouldn’t get let and
jobs would be lost. So the DOT solicited comments--which I
understand were overwhelmingly negative-- and went back to the drawing board
and we never heard from them again. Even when a new President took over. New administration. No new rules. And today we have nothing. We’re
exactly where we were in 1998. As for sections 1308 and 1309. Nothing has been done to implement them. Its
just as cumbersome today to bring a highway project to completion.
This
Committee has held three hearings on the subject of environmental streamlining
since the passage of TEA-21 in 1998. This is the fourth. I understand that late
yesterday the President signed an Executive Order calling for a handful of
projects to be supervised by the heads of USDOT and CEQ. The highest levels
would personally make sure that there were timely environmental reviews.
That
would have been a good start in 1998.
But, its too little too late. W e are on the verge of reauthorization of
TEA-21. This time, I would like to see
us specifically legislate environmental streamlining. No waiting for regulations or more executive orders. Congress needs to be clear about what they
want to see and put it into law.
To
that end, along with Senator Crapo and others, I plan to introduce a proposal
on environmental streamlining. It will
be part of a series of bills that we are introducing on highway
reauthorization.
This
bill will address three issues. First, the US DOT needs to be the lead agency
on at least two requirements—“Purpose and Need” for a project and “Scope of
Alternatives.” This will make sure that any stalemates are resolved quickly. Second, we should allow states to take over
the role of the USDOT if they can meet certain requirements and if they choose
to take on that role. This will
eliminate another step of bureaucracy. Last, we must ensure that resource
agencies act in a timely manner. When
it comes time for an agency like Fish and Wildlife to assess the extent of
damage (if any) to a wetlands or the Army Corps Engineers to issue a permit,
these agencies shouldn’t be able to take years to make these decisions.
We
need to legislate specific time limits for them to follow. No answer at all is not acceptable. It is
unacceptable for agencies to sit on their decision for years. We can’t make
them issue the permit and we don’t want to, but we can make them make a
decision in a timely manner.
The
rest of the world works on deadlines.
They can too. These three things will help to expedite the planning and
NEPA processes.
These
three things are not meant to be comprehensive streamlining, but I believe that
they will be a big help and a great start.
The bill we will introduce will be a solid beginning to Congress setting
some specific guidelines for expediting the planning and environmental review
processes.
Once
again, I want to reiterate that I want to make sure that environmental laws and
policies are obeyed to the letter. But,
there’s got to be a faster, easier way to do the work that needs to be done on
our surface transportation system, while continuing to protect the environment.
I believe our bill will be a means to
those ends.
Thank
you Mr. Chairman.