'This Is Not Coordination Or Consultation': Tom Tiffany Pans Interior Dept.'s Public Comment Process

4 months ago

During a House Natural Resources Committee hearing earlier this month, Rep. Tom Tiffany (R-WI) questioned Department of Interior officials about new regulations and the impact of local and state authorities.

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Transcript

00:00 Tiffany from Wisconsin you're up for five minutes. Thank you, Mr. Chairman. Ms. Pacino

00:03 Is it correct that OSM recently rewrote finished the rewrite of the 10-day notice rule

00:10 Yes, that's correct what was wrong with the version that was done in 2020

00:17 So we engaged in that rulemaking after a review that was

00:24 requested of us in a directive

00:27 Executive order from the president and as a result of that

00:32 Review so so the president directed you to rewrite that rule is that accurate?

00:38 Sorry, if not specifically what the president directed was that the agency's look at a variety of regulations that had

00:46 Previously been issued we did our job to do that and there were ways that we felt would be more consistent with

00:54 Smacra by making some changes so when the president tells you to look at something. It's probably not a

01:00 Maybe is that right? It's a directive. It was an executive. It was an executive order to review to review the regulations

01:09 Mr. Chairman, I just say when the president says you need to look at something. They're probably saying do it

01:14 So the president was behind the rewrite of the 10-day notice rule that was just rewritten in 2020

01:22 Doesn't smack or give primacy to the states miss Pacino

01:25 So smack red does set up a process for which states can obtain primacy the states ask for this change

01:34 to the 10-day notice rule

01:37 So the as I mentioned the review that occurred

01:42 Was the result of of an executive order which has been done by other presidents that come into office as well

01:48 In the 10-day notice rule that's written now under your version. Isn't it correct citizen complaints have been elevated above?

01:56 consultation with local and state governments

01:59 No, no congressman that that's not the case in terms of elevated above but smack red does

02:08 explicitly provide for a process by which citizens have the right to come to

02:14 OSM re with a possible violation

02:18 States then are the ones who are directed and left to address that

02:23 Via potential violation of respond to you included that in this recent 10-day notice rule in regards to citizen complaints, correct?

02:31 We were acting consistent with smack breath

02:35 But you you elevated it to an even higher

02:40 Authority, isn't that correct?

02:45 I'm not quite sure. I understand the question. Yeah, I'll move on to another question here

02:49 Did you consult and coordinate with the states before writing this 10-day notice rule?

02:54 Yes, we received numerous comments from the states as part of the rule

02:59 not comments you are required to

03:03 Coordinate with states and local governments the establishment of rank equal not subordinate

03:09 Did you sit down at the table with them and say we're going to we are looking at the president has directed us

03:16 To rewrite the 10-day notice rule. Will you help us do that?

03:21 Did you have that discussion with those states like Wyoming?

03:24 What I can tell you congressman is that the process we followed is the one that's laid out in the Administrative Procedure Act

03:32 To engage in rulemaking and that's what we did which included reviewing numerous comments

03:37 By states as well as other stakeholders. Yeah, this is not coordination or consultation in any way shape or form. Mr

03:44 Chairman and we've been hearing this for a couple weeks now from the administration officials that have been coming forward

03:49 Yeah, we heard comments and things like that. That's not how it works. It is when these

03:55 environmental laws the

03:59 Fundamental environmental laws that were put in place back in the early 1970s when they were put in place

04:07 Lawmakers here made it very clear

04:09 You must sit down and treat these local and state units of government as equals so that they would have a say

04:16 Legislators congressional members of the time they knew the federal government could be overarching and that is exactly what we're hearing today

04:24 They decided to do this because states have told us Miss Pacino that they did not

04:31 They were not given a voice at the table. They have told us that

04:36 Why is the industry you said the industry is in decline why is it in decline?

04:41 What you're asking what you're asking me why the coal industry is in decline that's right. Yep, I

04:52 I

04:57 Think there are a variety of reasons and I guess if I had to pick one I'd say it their market forces that are

05:07 That have resulted and I'm pleased to have come to OSM re because of the job that it's doing in coal

05:13 Communities to help them move forward. Those are not market forces

05:18 Mr. Chairman when the federal government tries to put you out of business and

05:22 When the president himself is behind this effort as with the 10-day notice rule people can fully understand

05:31 Why we see a country in decline I?

05:34 Yield back

05:36 Thank you very much

05:37 Now we'll go to mr. Rosendale from

'This Is Not Coordination Or Consultation': Tom Tiffany Pans Interior Dept.'s Public Comment Process

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