Showing posts with label H.R. 3534. Show all posts
Showing posts with label H.R. 3534. Show all posts

Monday, October 25, 2010

THE CASE AGAINST LYNN JENKINS CHAPTER 48 - THE LEAGUE OF CONSERVATION VOTERS GIVE HER A FAILING GRADE - PART 1

This is Lynn Jenkins, she does not represent us

When I was a kid conservatives loved conservation, Teddy Roosevelt was their hero, and Republicans would have received top scores from a group like the League of Conservation Voters.  The times, and Republicans, have changed.

The League of Conservation Voters (LCV) gives Lynn Jenkins a failing grade. Their scorecard on Jenkins can be found at http://thomas.loc.gov/cgi-bin/bdquery/z?d111:h.r.03534. Here's the summary.

1) H.R. 3534, the Consolidated Land, Energy, and Aquatic Resources Act of 2009. Lynn Jenkins voted "yes" on the motion to recommit, a vote to kill the bill, and "no" on passage. According to the LCV HR 3534, The Consolidated Land, Energy, and Aquatic Resources Act (CLEAR), would implement commonsense reforms to overhaul safety and environmental rig standards, repair our broken and corrupt oil and gas leasing processes, and hold Big Oil responsible for disasters like the catastrophe in the Gulf of Mexico.

2) H.Res. 989, a resolution "Expressing the sense of the House of Representatives that the United States should adopt national policies and pursue international agreements to prevent ocean acidification, to study the impacts of ocean acidification, and to address the effects of ocean acidification on marine ecosystems and coastal economies". Lynn Jenkins voted "no" on roll call 341.

The LCV position is that "while increasing carbon dioxide emissions are a key factor in global climate change, these emissions are also the cause of another crisis emerging in our oceans: acidification. As carbon dioxide enters the ocean, it combines with seawater to from carbonic acid, thereby increasing the acidity of the water and reducing the availability of compounds which are vital to the development of the shells and skeletons of a variety of marine animals. Addressing the causes and effects of ocean acidification is essential to the long term viability of ocean ecosystems. H. Res. 989 encouraged the United States to take action on this critical issue that could have long term impacts on marine ecosystems and the coastal economies. LCV strongly encouraged support for the important resolution."

3) H.R. 5019, the Home Star Energy Retrofit Act of 2010. Lynn Jenkins voted "no" on roll call 255. According to the LCV, "The Home Star Energy Retrofit Act of 2010 will significantly reduce pollution and create an estimated 168,000 clean energy jobs over the next two years. The Home Star residential retrofit program would provide rebates and incentives to consumers who invest in new energy efficient appliances, weatherize their homes, or purchase other efficient technologies for their home. Home Star would reduce energy consumption by the equivalent of three coal-fired power plants each year, if fully funded with $6 billion. In addition, through this program consumers are anticipated to save between $200 and $500 per year in energy costs, while reducing global warming pollution and improving the comfort and value of their homes."

4) H.R. 4715, the Clean Estuaries Act of 2010. Lynn Jenkins voted "no" on roll call 209. The LCV says, "Estuaries are coastal transition zones between fresh water from rivers and saline water from oceans. These unique ecosystems protect water quality and provide a buffer against erosion which protects our coastal communities during extreme weather events. Also, healthy estuaries provide recreational opportunities, essential wildlife habitat, and commercial and recreational fishing. The Clean Estuaries Act ensures that our nation's estuaries will better protect our communities and preserve wildlife habitat by:

•Requiring that estuaries in the NEP identify vulnerabilities to climate change and plan for adaptation responses

•Requiring that each approved estuary program be evaluated every four years and the results be publicly released

•Increasing federal attention to local priorities and requiring federal agencies to participate in the planning process

•Increasing the authorization for the program from $35 million to $50 million annually for fiscal years 2011 through 2016

Since estuaries are important to our public health and our wildlife, and play a major role in creating jobs and boosting local economies, no oil and gas development take place in National Estuary Program areas. This type of development would be inconsistent with goals and purpose of the NEP.

Funding and strengthening the NEP will protect the nation's estuaries from pollution, development and overuse. Protecting our nation's estuaries helps ensures clean water for our communities and a healthy environment for wildlife."



Thursday, August 5, 2010

THE CASE AGAINST LYNN JENKINS CHAPTER 37 - SHE VOTES AGAINST THE CONSOLIDATED LAND, ENERGY, AND AQUATIC RESOURCES ACT (AFTER VOTING FOR ABOUT HALF THE AMENDMENTS!)

Lynn Jenkins likes to say that the GOP never has a say on legislation. That just isn't so. Take the Consolidated Land, Energy, and Aquatic Resources Act of 2010 as an example. The House took roll call votes on  five amendments to that bill, H.R. 3534.  We first took a look at this bill on the August 3rd posting of this blog.

The first amendment, by Democratic Representative Nick Rahall of West Virginia , Lynn Jenkins voted no. That amendment clarified liability under the Oil Pollution Act of 1990. It limited release of liability, requires redundancy in response plans, requires response plans for permit or license authorizing oil or gas drilling. Big Oil doesn't like this amendment. Lynn Jenkins voted no on roll call 507, the amendment was agreed to.

The second amendment by Wisconsin's Democratic Representative Ron Kind required that no less than 1.5 percent of the Land and Water Conservation Fund each year go toward securing recreational public access to Federal Lands under the jurisdiction of the Secretary of the Interior for hunting, fishing, and other outdoor recreation. Lynn Jenkins, and all but one Member voted for Kind's amendment. The lone holdout was Wyoming Republican Cynthia Lummis. That was roll call 508.

The third amendment was offered by Democratic Representative Harry Teague of New Mexico. This change allows a group of companies to cooperate to meet financial responsibility requirements by pooling of resources or joint insurance coverage. This passed on roll call 509 by a margin of 399 - 8. Lynn Jenkins voted for the amendment.

The fourth amendment's sponsor was Minnesota's Democratic-Farm-Labor Party Representative Jim Oberstar. This amendment requires, following initial clean-up of a spill, that the National Resources Damages Act trustee give equal and full consideration to all statutorily prescribed natural resource damage remedies to ensure that acquisition of non-impacted land is considered an equal remedy and not given lower priority as is currently provided in statute. The vote on roll call 510 was 258 to 149. Lynn Jenkins voted no.

The fifth amendment to H.R. 3534 came from Louisiana's Democratic Representative Charlie Melancon and it seeks to end the federal moratorium on deepwater drilling. The moratorium would be prohibited from enforcement on those rigs that meet safety requirements set forth in NTL 05 and NTL 06. Oddly enough, Lynn Jenkins voted against ending the moratorium. The amendment was agreed to on roll call 511 by a vote of 216 to 195, Lynn Jenkins voted with the Republican leadership by voting no. Republicans are currently campaigning against President Obama on the issue the Administration's moratorium on Gulf drilling.  Here they voted against their campaign philosophy. Note: an "NTL" refers to Notice to Lessees and Operators of safety measures recommended by the Department of the Interior.

There were other amendments. Delaware's Republican Representative Michael Castle proposed an amendment to ensure there is no delay in the development of ocean renewable energy resources, including offshore wind, in the establishment of the new Bureau of Energy and Resource Management. This amendment was agreed to by a voice vote.

New Hampshire's Democratic Representative Carol Shea-Porter's amendment ensures that ethics guidelines required for certain Department of Interior employees are updated at least every three years. The amendment also ensures the best available technology for oil spill response and mitigation, and the availability and accessibility of that technology is part of the Offshore Technology Research and Risk Assessment Program. Finally, the amendment requires that operators annually certify that their response and exploration plans include the best available technology and its availability. This amendment was agreed to by a voice vote.

Virginia's Democratic Representative Gerry Connolly's amendment passed on a voice vote. That amendment is designed to prevent oil companies from shifting oil spill cleanup costs onto taxpayers by ensuring that Oil Pollution Act liabilities of an oil subsidiary will be inherited by the parent oil company in the event the subsidiary goes bankrupt and does not sell its assets. The amendment does not alter underlying liability provisions of OPA, and includes technical corrections from the Department of Justice.

Three amendments agreed to by voice vote. Five amendments agreed to by roll call. Lynn Jenkins voted for two of those and against the other three. By all accounts she's got to be happy with at least half of the amendments. So what came next?

Of course it was the Motion to Recommit with Instructions. That is the last dying gasp of hot air from the Republicans before the bill comes up for passage. This time it was roll call 512. Lynn Jenkins and the Party of No lost by a margin of 166 to 239.

Tuesday, August 3, 2010

THE CASE AGAINST LYNN JENKINS CHAPTER 36 - SHE'S AGAINST OIL RIG WHISTLE BLOWER PROTECTION & FOR KEEPING THE COZY RELATIONSHIP BETWEEN BIG OIL AND THE INTERIOR DEPARTMENT

Have you seen enough of the Gulf Oil catastrophe? Does it irk you that the safety control on British Petroleum's Deepwater Horizon rig had been intentionally disabled? Shouldn't oil rig workers be encouraged to blow the whistle on patently unsafe actions on oil rigs? Well, I thought so too. You know who didn't think that was a good idea? That's right, Lynn Jenkins the darling of Big Business.

H.R. 5851, the Offshore Oil and Gas Worker Whistleblower Protection Act of 2010, passed the House of Representatives on roll call 506 by a margin of 315 to 93.

This is what H.R. 5851 does:

Prohibits an employer from discharging, discriminating, or engaging in retaliatory actions against specified employees who report to a government official any violation or unsafe condition under the Outer Continental Shelf Lands Act.

Sets forth complaint filing procedures with the Secretary of Labor regarding such retaliation.

Requires employers to: (1) post a notice approved by the Secretary of Labor explaining employee rights and remedies under this Act in a conspicuous location in the place of employment where employees frequent; (2) provide training to employees about their rights under this Act within 30 days of employment, and at least once every 12 months thereafter; and (3) provide employees with a card containing a toll free telephone number at the Department of Labor to get information or file a complaint under this Act.

Directs the Secretary of Labor, within 30 days after enactment of this Act, to designate agency officials to receive, investigate, and adjudicate complaints concerning violations under this Act.

Obviously the greedy pursuit of profit trumped safe operations on the Deepwater Horizon. If oil rig workers already had whistle blower protection then the ecology, economy, and future of the Gulf States would not be in jeopardy today.

Most Americans recognize that another problem with safety on the Deepwater Horizon had to do with the cozy relationship between the Oil Industry and the Federal Agency responsible for the safety of offshore rigs, the Materials Management Service.

Interior Department Secretary Salazar is taking steps to keep the foxes out of the henhouse. H.R. 3534, the Consolidated Land, Energy, and Aquatic Resources Act of 2009 addresses the problem. This bill passed the House on roll call 513 by a margin of 209 to 193/ Thirty Members of Congress did not vote. How much money is Big Oil spreading these days?

Key provisions of H.R. 3534 include:

Establishes in the Department of the Interior the Office of Federal Energy and Minerals Leasing.

Transfers to such Office certain functions of: (1) the Minerals Management Service; and (2) the Oil and Gas Management program of the Bureau of Land Management.

Amends the Federal Oil and Gas Royalty Management Act of 1982 to revise miscellaneous specified administrative requirements.

Directs the Secretary of the Interior to take specified actions regarding oil and gas royalties, including: (1) a pilot project assessing costs and benefits of automatic transmission of certain data produced under federal leases on the Outer Continental Shelf (OCS); (2) determination and reporting of BTU values of natural gas from federal leases; and (3) final regulations concerning required recordkeeping of natural gas measurement data.

Modifies oil and gas leasing requirements under the Mineral Leasing Act, adding requirements for coal mine methane recovery.

Amends the Land and Water Conservation Fund Act to: (1) extend the Land and Water Conservation Fund through FY2040; (2) make $900 million available from the Fund each fiscal year without further appropriation; and (3) revise requirements for allocation of funds for federal purposes and financial assistance to states.

Sets forth a public land leasing program for commercial wind or solar energy development.

Amends the Mineral Leasing Act to set forth a uranium leasing program on specified public lands.

Designates specified OCS Regions for federal renewable and nonrenewable energy resources development. Directs the Secretaries of the Interior and of Commerce to establish Regional Outer Continental Shelf Councils to: (1) coordinate siting and development of energy resources; and (2) prepare OCS Strategic Plans.

Establishes in the Treasury the Ocean Resources Conservation and Assistance Fund (ORCA), from which grants shall be made to: (1) coastal states and affected Indian tribes; (2) the Ocean, Coastal and Great Lakes Grants Program (to be established under this Act); and (3) Regional Ocean Partnerships.

Amends the Energy Policy Act of 2005 to repeal: (1) royalty incentives for natural gas production from deep wells in shallow waters of the Gulf of Mexico; and (2) royalty relief for deep water production in the Gulf of Mexico.

Directs the Secretary of the Interior to establish an annual production incentive fee for specified leases of federal onshore and offshore lands for production of oil or natural gas under which production is not occurring in commercial quantities.

Prohibits the following authorities from developing or approving a fishery management plan to permit or regulate offshore aquaculture: (1) the Secretary of Commerce; (2) the Administrator of the National Oceanic and Atmospheric Administration; or (3) the Regional Fishery Management Councils. Declares invalid any permit issued for the conduct of offshore aquaculture.