Last week was an interesting one for companion bills in the U.S. House of Representatives and the Senate that would overturn the National Park Service off-road vehicle plan for the Cape Hatteras National Seashore.
The bills were scheduled for back-to-back markups in House and Senate committees on Wednesday and Thursday.
On Wednesday, H.R. 819, introduced by U.S. Rep. Walter Jones, R-N.C., was reported out favorably by the House Natural Resources Committee. It is headed to the House floor for a vote and has a good chance of passing.
Legislation with the exact wording as H.R. 819 passed the House last year.
The bill apparently became more ?controversial? overnight and discussions on late Wednesday continued into Thursday morning were apparently quite heated.
The committee meeting was almost an hour late starting while senators discussed the fate of the legislation.
After the meeting finally started Wyden made comments on the bill and promised the sponsors of the bi-partisan legislation, Sens. Richard Burr, R-N.C., and Kay Hagan, D-N.C. ? that the bill would be considered for markup at the next committee meeting, now scheduled for June 20.
Several other senators also commented on the bill as the meeting moved on to consider other legislation on the calendar for markup.
The bill has an uphill battle in the Senate, controlled by Democrats who are looking more favorably on environmental groups opposing the legislation. More also would tend to support the Department of Interior, which strongly opposes the legislation.
There are 10 Republicans and 12 Democrats on the committee, so the bill?s supporters need two Democratic votes to get the bill marked up.
One Democrat, Sen. Joe Manchin of West Virginia, is an ardent supporter of S 486, so only one other Democratic vote is needed. And that?s certainly possible.
However, passing the bill in the full Senate is going to be problematic.
The Senate?s recent operating rules had made liberal use of the filibuster, which requires a supermajority of 60 senators to pass legislation. And then just about any senator can put a hold on a bill. Finally, there is a question of whether the Senate?s leader, Democrat Harry Reid, would even bother to put the bill on the calendar, especially if it?s opposed by the administration.
The Senate committee is also urging that members work together on a bi-partisan ?compromise? before the June 20 meeting.
What exactly that compromise might be is an interesting question.
Compromising with environmental groups that sued the Park Service over its lack of an ORV plan left a bad taste in the mouths of advocates for more reasonable beach access.
A 2008 consent decree that settled that lawsuit was agreed to by the advocates, who were defendant-intervenors in the case.
They agreed to the consent decree with a gun to their heads. Judge Terrence Boyle had made it clear that he was prepared to shut down the beaches if there was no compromise.
Some think beach access advocates should have just let that happen, but it would have been a very risky strategy.
And, opponents of the bills to overturn the plan, constantly remind congress that the consent decree was signed onto by all.
In 2009, an attempt at negotiated rulemaking on the new ORV plan fell apart when the sides could not reach a consensus.
The environmental groups got most of what they wanted in the final plan, formulated by the Park Service, so I can?t see that they have much motivation to ?compromise? at this point.
The bill?s supporters are still hopeful about Senate passage and are urging all Outer Banks residents and visitors to contact their senators by phone or e-mail to urge that they support it.
At the meeting of the Dare County Board of Commissioners on Monday evening, May 20, Chairman Warren Judge spoke at length about the legislation.
I will end this blog with his remarks.
CHAIRMAN WARREN JUDGE?S REMARKS ON S 486 AT MAY 20 BOARD MEETING
I want to take this opportunity to thank Senator Hagan and Senator Burr for all their hard work and commitment to helping the people of Dare County and Hatteras Island. I also want to thank their staffs. Aaron and Matthew have stayed in touch with us constantly and are not only extremely knowledgeable of the issues but share a great passion for the people of Dare County. We are fortunate to have our Senators.
Last Wednesday, the House Committee marked up HR 819 and sent the legislation to the floor of the U.S. House. We are hopeful that HR 819 will pass the House and will wait for the Companion bill, S 486, in the U.S. Senate to pass and then it will be on to the President for a signature. S 486 was scheduled for markup in the Senate Energy and Natural Resources Committee last Thursday. However Committee Chairman Ron Wyden wanted to pull the Bill from the agenda because it was controversial. After much discussion Wednesday afternoon and Thursday morning before the committee meeting, the chairman pulled the bill and promised Senators Hagan and Burr the bill will be on the agenda at the next committee meeting on June 20.
In addition to our two senators, promises were made to Sen. Joe Manchin, D-W.Va., and Sen. Mary Landrieu, D-La. As we watched the hearing in progress, ranking member Lisa Murkowski, R-Alaska, is a strong supporter and not only expects to see the bill back on the agenda but wants to see a spirit of compromise with all parties at the table. You can view the committee meeting webcast by going to www.energy.senate.gov/public/ . Click on hearings and then webcast.
Once again the special interest groups dedicated to the ruin of all human life on Hatteras Island are working overtime on the propaganda that supports their false claims. We must work overtime to counter the misleading tales from Walker Golder, who lives in Wilmington, N.C.; Derb Carter, who lives in Chapel Hill, and Jason Rylander, who lives in Washington, D.C. How these men have any credibility on the status of Hatteras Island is beyond me. However, they create havoc in Washington, D.C.
Now, I don’t want to use the “he is lying” but I have sat next to Derb Carter testifying before Congress, and he makes statements and gives answers to questions which …… are just not right! He throws around words and titles like ?The Wilderness Act” and “The Endangered Species Act.” For some reason, his use of sound bites gives him credibility. While the seashore superintendent must deal with many acts and laws, these three men repeatedly talk out of context. While they are not scientists, these sound bites open a door for them to slither through. I call upon these three men and their organizations to end the assault on the lives of the good people of Hatteras Island and Dare County.
Since 2005 the Dare County Board of Commissioners has been steadfast and unanimous in our position of “protection for birds, turtle and plant life, in concert and cooperation with access for all users of the Cape Hatteras National Seashore Recreational Area.?
These special interest groups spread their erroneous propaganda daily through the halls of Congress. We must continue our efforts to counter the actions and bring awareness to members of Congress as to the truth of what the situation is in the CHNSRA. As an example: Do you know there is only one bird that is threatened in Dare County yet any bird that flies over Hatteras Island and lands has protection equal to an endangered species?
I call upon everyone to stand up to these men and the groups they represent. The members of the Senate committee want to seek a compromise on this issue. We want all to know that Dare County is ready to sit at the table and to work out a fair and equitable compromise with willing partners. While we know the consent decree and now the final rule are nowhere near a compromise, I, and I am sure my fellow Commissioners, stand united and ready to meet and work on a compromise. My only request is that the intentions of all those around the table are that they are willing to compromise, correct the wrongs, and build for the future a great Cape Hatteras National Seashore Recreational Area.
