Energy Development Act Meets Habitat Conservation (Maybe)

I am a fish and wildlife biologist. I get my kicks (and earn a living) assessing environmental impacts on, and managing and restoring fish and wildlife habitat. I track tightly within my lane of technical, scientific expertise, and typically leave the politics to folks with a desire to argue and decipher that sort of thing. However, in 2017, a bill was introduced that the Theodore Roosevelt Conservation Partnership (TRCP) brought to my attention.

The Public Land Renewable Energy Development Act (HR 825) is a bill that establishes two main authorities; 1) continued authorization of the Geothermal Steam Act of 1970; and 2) the authority of the subject act.

HR 825 sounds dangerous, because it is. While “renewable energy” typically includes sources such as timber, hydro, solar, wind, and geothermal power, developing energy-harnessing opportunities on public resources has potential impacts to public use and fish and wildlife. It is prudent to point out that Section 4 of HR 825 includes a clause stating that potential development areas identified by the Secretary of the Interior must be coordinated with appropriate State, Tribal, and local governments to “…avoid or minimize conflict with habitat for animals and plants, recreation, and other uses…”

I don’t intend to hang up on possible impacts here, but I want to draw attention the benefits of the bill. Section 7 of HR 825 (Disposition of Revenues) is aimed directly at habitat conservation. A Treasury fund for this Act will be established to deposit any fees or revenues from energy production that may be used for “restoring and protecting…fish and wildlife habitat for affected species; fish and wildlife corridors for affected species; and water resources in areas affected…” (Section 7(c)(2)(a)). My interpretation: In other words, revenue from energy production is authorized to be used for impact mitigation.

Section 7(c)(3) states that “The Secretary [of the Interior] may enter into cooperative agreements (a flexible, federal government work agreement) with State and Tribal agencies, nonprofit organizations, and other appropriate entities to carry out the activities described in [Section 7(c)(2)].”

So, what does this all mean? Well, as you can glean from my synopsis, HR 825 is a renewable energy development bill that makes my hackles prickle. Every bill aiming to develop public lands has the potential to harm precious public natural resources, either directly or indirectly. The federal government is mandated to follow the National Environmental Policy Act to identify impacts and evaluate alternatives for all federal actions, including developing energy sources or issuing permits for such activities, but impacts generally occur to some degree.

On the flip-side, the bill proactively authorizes the Secretary of the Interior to use allocated revenue to mitigate any impacts efficiently and effectively through cooperation with States, Tribes, and nonprofit organization. As far as public land energy development goes, this is a good deal. The TRCP blog post by Julia Peebles couches HR 825 as a “rare win-win scenario for fish and wildlife” and I trust her more politically savvy perspective. You can find that blog post at TRCP.org.

If you have not already, I encourage you to venture over to the TRCP and read their blogs to see what the organization is about. It’s a great resource for keeping tabs on Capitol Hill and our precious public resources.

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