On the Road to Permitting Reform

A headlining theme for the 119th Congress has been tied to unleashing American energy dominance. So far, House Republicans have secured several wins as we press onward toward unleashing our nation’s energy potential, but we aren’t done yet. As the Chairman of the House Natural Resources Committee, and as a Representative from Arkansas – a state with an abundance of natural resources and energy potential – it is no question that American energy dominance is a major driver for the committee this Congress. Unfortunately, our energy potential is being cut off at the knees by senseless, bureaucratic red tape baked into our permitting process.

The current federal permitting process hamstrings every corner of American life, shackling our nation’s infrastructure and energy sectors by causing extreme and unnecessary delays which keep these vital industries from pushing much-needed projects across the finish line. The National Environmental Policy Act, or NEPA, is a leading cause of these delays. NEPA is a procedural statute from 1970 which established parameters at the federal level for assessing and publicly disclosing the environmental impact a project may have on its surrounding communities. 

Make no mistake, the NEPA process is certainly well-intended, and environmental factors and assessments are undoubtedly important to heed while in the early stages of a project. However, NEPA requirements apply to all major federal actions and nearly all areas of our daily lives such as the construction of roads, bridges, highways, ports, irrigation systems, transmission lines, conventional and renewable energy projects, broadband, and water infrastructure. Oftentimes, the NEPA process can push back project timelines by nearly half a decade – keeping communities from receiving critical updates that are so desperately needed. Additionally, once projects are through the NEPA process, they are often met with litigation under the statute that delays projects, on average, for another four years. 

To put this into perspective for Arkansas, our state is proudly home to much of the McLellan-Kerr Arkansas River Navigation System (MKARNS), a navigation channel spanning 445 miles which connects Oklahoma to the Mississippi River. This waterway is supported by eighteen locks and dams, making large-scale navigation safe and efficient for commercial and recreational vessels. The commercial navigation capability provided by the locks and dams allows over 12 million tons of cargo to flow through the state, providing over 40,000 Arkansans with jobs and adding a sales impact of $5.5 billion. Under the current permitting process, the infrastructure necessary for this waterway – which contributes in astounding ways to our state’s economy – would cost hundreds of millions of dollars and take years, if not decades, to complete.

For this reason alone, a cumbersome permitting process is simply not an option when it comes to investing in our state’s potential. This week, the House Natural Resources Committee held a hearing to discuss the NEPA process and how Congress can act to provide developers and federal agencies with certainty through reforming this outdated process. By streamlining our cumbersome permitting process, we can ensure that vital projects necessary not only for America’s infrastructure, but the future of our nation’s energy potential, can move forward in a quick and responsible manner.