    [Senate Hearing 119-267]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 119-267

                                BUSINESS MEETING
    =======================================================================

                                    MEETING

                                   BEFORE THE

                                  COMMITTEE ON
                          ENVIRONMENT AND PUBLIC WORKS

                              UNITED STATES SENATE

                        ONE HUNDRED NINETEENTH CONGRESS

                                 FIRST SESSION

                                   __________

                                FEBRUARY 5, 2025

                                   __________

      Printed for the use of the Committee on Environment and Public Works

    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

            Available via the World Wide Web: http://www.govinfo.gov

                                    __________

                       U.S. GOVERNMENT PUBLISHING OFFICE
    62-637                    WASHINGTON : 2026
    -----------------------------------------------------------------------------------

                   COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                        ONE HUNDRED NINETEENTH CONGRESS

                                 FIRST SESSION

                 SHELLEY MOORE CAPITO, West Virginia, Chairman
                SHELDON WHITEHOUSE, Rhode Island, Ranking Member

    KEVIN CRAMER, North Dakota           BERNARD SANDERS, Vermont
    CYNTHIA M. LUMMIS, Wyoming           JEFF MERKLEY, Oregon
    JOHN R. CURTIS, Utah                 EDWARD J. MARKEY, Massachusetts
    LINDSEY O. GRAHAM, South Carolina    MARK KELLY, Arizona
    DAN SULLIVAN, Alaska                 ALEX PADILLA, California
    PETE RICKETTS, Nebraska              ADAM B. SCHIFF, California
    ROGER F. WICKER, Mississippi         LISA BLUNT ROCHESTER, Delaware
    JOHN BOOZMAN, Arkansas               ANGELA D. ALSOBROOKS, Maryland
    JON HUSTED, Ohio

                   Adam Tomlinson, Republican Staff Director
                      Dan Dudis, Democratic Staff Director

                                C O N T E N T S

                                  ----------
                                                                       Page

                                FEBRUARY 5, 2025
                               OPENING STATEMENTS

    Capito, Hon. Shelley Moore, U.S. Senator from the State of West
      Virginia.......................................................     1
    Whitehouse, Hon. Sheldon, U.S. Senator from the State of Rhode
      Island.........................................................     3

                                  LEGISLATION

    S. 347, to amend the Comprehensive Environmental Response,
      Compensation, and Liability Act of 1980 to reauthorize
      brownfields revitalization funding and for other purposes......     6
    S. 351, to establish a pilot program to improve recycling
      accessibility, to require the Administrator of the
      Environmental Protection Agency to carry out certain activities
      to collect and disseminate certain data on recycling and
      composting programs in the United States, and for other
      purposes.......................................................    15
    S. Res. __, an amendment in the nature of the substitute intended
      to be proposed by Senator Capito...............................    41
    S. Res. __, authorizing expenditures by the Committee on
      Environment and Public Works...................................    46
    EPW Committee Rules of Procedure.................................    52

                              ADDITIONAL MATERIAL

    Letter to Senator Capito and Senator Rochester from the
      International Council of Shopping Centers (ICSC)...............    58

                                BUSINESS MEETING

                                  ----------

                          WEDNESDAY, FEBRUARY 5, 2025

                                   U.S. Senate,
             Committee on Environment and Public Works,
                                                        Washington, DC.
        The committee met, pursuant to notice, at 10:34 a.m. in
    room 406, Dirksen Senate Office Building, Hon. Shelley Moore
    Capito (chairman of the committee) presiding.
        Present: Senators Capito, Whitehouse, Cramer, Lummis,
    Curtis, Graham, Sullivan, Ricketts, Wicker, Husted, Merkley,
    Kelly, Padilla, Blunt Rochester, Alsobrooks.

            OPENING STATEMENT OF HON. SHELLEY MOORE CAPITO,
          U.S. STATES SENATOR FROM THE STATE OF WEST VIRGINIA

        Senator Capito. Good morning to everybody. Committee
    members, thank you for being here. I know there is a lot going
    on this morning, so I thought it would be best to go ahead and
    call this business meeting to order as quickly as we can, now
    that we have critical mass here.
        I want to thank Ranking Member Whitehouse and his staff for
    working with me and my staff to bring two bipartisan bills
    before the committee today. I would also like to thank Senator
    Boozman for his leadership on the bipartisan recycling
    legislation we will consider.
        The agenda for this meeting is to hold three votes, after
    Ranking Member Whitehouse and I give our opening remarks. The
    first vote will be to approve the committee rules and budget
    resolution. The next two votes will be to approve bills that
    previously passed this committee with unanimous support.
        Today we will consider S. 347, the Brownfield
    Reauthorization Act of 2025. This bill, which passed
    unanimously out of the committee last Congress, will continue
    the critical work of the Environmental Protection Agency's
    Brownfields program, which I am sure is active in everyone's
    State.
        Since first being authorized in 2002, the Brownfield
    program has been a resounding success story for our economy and
    for the environment. Cleaning up abandoned and polluted
    brownfields is a powerful economic development tool and
    revitalizes rural and economically challenged communities where
    it is needed most.
        Despite the program's many achievements, the rigorous and
    complex grant application process remains a key challenge.
    Rural and underserved communities lack the resources needed to
    compete with larger entities, putting them in an unfair
    position.
        Our bill streamlines the application process to level that
    playing field. The legislation also modernizes the program's
    grant amounts to match current construction costs and project
    sizes, aligning them with the reality of doing business today.
        I look forward to advancing the Brownfields Reauthorization
    Act of 2025 and urge my colleagues to join me in supporting
    this passage.
        Next, we will consider S. 351, the Strategies to Eliminate
    Waste and Accelerate Recycling Development Act, called the
    STEWARD Act now. This legislation combines two separate
    recycling bills that we had last Congress that were passed
    unanimously, not just by this committee, but also unanimously
    out of the U.S. Senate.
        The STEWARD Act reflects years of collaboration and input
    from members of both chambers on both sides of the aisle.
        These efforts result in a bipartisan agreement that nearly
    became law at the end of last Congress. The STEWARD Act that we
    will vote on today preserves that bipartisan language. For too
    many Americans, recycling remains out of reach, either because
    facilities do not exist in their communities or because the
    infrastructure to make recycling economically feasible is not
    in place. The STEWARD Act aims to close those gaps by ensuring
    that recycling services are available to all communities.
        The bill also recognizes that to solve a problem, you need
    to measure and understand it first. The data provisions in the
    STEWARD Act will empower decisionmakers to track progress,
    identifies areas needed for improvement, and make informed
    decisions that will drive real change in our Nation's recycling
    system.
        With these two bills, the committee can begin this Congress
    passing legislation through the well-established bipartisan
    tradition that has characterized so much of this committee's
    success. I urge my colleagues to support both of these
    bipartisan bills.
        Also on the agenda, as I mentioned, is the necessary
    housekeeping items to run the committee, our rules and our
    budget. My staff reviewed the previous rules of the committee,
    and in coordination with Ranking Member Whitehouse's staff, we
    have proposed some updates and streamlining edited for the
    rules.
        The three main changes to the rules are providing for
    receiving sworn testimony from witnesses, having transcripts
    kept for business meetings, and setting a clear process for
    issuing subpoenas, either by agreement of the Chairman and the
    Ranking Member, or by a majority vote of the committee.
        Passage of our committee funding resolution is necessary to
    ensure that we are funded to continue the good work of this
    committee into the 119th Congress. Our new budget will ensure
    that the committee has the resources to develop a Surface
    Transportation Reauthorization bill, work toward bipartisan
    solutions to fix our environmental review and permitting
    processes, reauthorize the Toxic Substances Control Act, and
    continue our vital work on oversight and implementation of the
    laws within the jurisdiction of the committee.
        I urge my colleagues to support our committee rules and
    budget resolution for the 119th. I would like to join my
    Ranking M ember with welcoming our new member from Ohio,
    Senator Husted. Welcome. We are happy to have you here.
        With that, I will turn to the Ranking Member.

             OPENING STATEMENT OF HON. SHELDON WHITEHOUSE,
              U.S. SENATOR FROM THE STATE OF RHODE ISLAND

        Senator Whitehouse. We should also add our gratitude to
    Senator Moran for his 2 weeks of diligent service to the
    committee.
        [Laughter.]
        Senator Capito. Yes, he worked darned hard while he was
    here.
        Senator Whitehouse. During his time, he made a real
    contribution.
        First, I will thank Chair Capito for this business meeting
    and for moving two bipartisan bills quickly out of committee. I
    am particularly pleased to join the Chair in the STEWARD Act
    which should help address our recycling needs. We are living
    through a plastic pollution crisis. Every minute, a garbage
    truck worth of plastic gets dumped into our oceans.
        In my home State of Rhode Island, there are more than 16
    trillion pieces of microplastic in just the top two inches of
    the floor of Narraganset Bay. That is nearly 1,000 tons of
    plastic. Microplastics and nano plastics have been turning up
    in a lot of unwelcome places, like human blood, human hearts,
    human brains, human lungs, breast milk, and the placentas of
    pregnant women.
        We are still learning how plastics affect human health. The
    effects potentially include cancer, diabetes, heart disease,
    reproductive disorders, and neurological impairment. Our
    Country is handling disposal of plastic waste abysmally. A
    National Academy study required by Save Our Seas 2.0, a bill
    that Senator Sullivan and I led, found that the U.S. is the
    world's biggest producer of plastic waste, yet the recycling
    rate for plastics in the U.S. lies somewhere between 5 percent
    and 9 percent. That blue bin is basically a fake.
        In light of the vast scale of the plastic pollution crisis,
    I want to stress that the STEWARD Act is just one step toward
    solving a huge and complicated problem. There is a lot more we
    need to do to improve recycling rates and reduce the amount of
    plastic seeping into our bodies and fouling the environment.
        I look forward to working with Chair Capito and other
    members of the committee, particularly including Senator
    Merkley and my long-time plastics counterpart, Senator
    Sullivan, to continue work on this bill once it gets out of
    committee before it gets to a vote on the floor.
        I would be remiss not to make clear, given the moment that
    we are in, that our ability to work together on future
    legislation will be highly dependent on whether President Trump
    and the executive branch respect the constitutional order and
    statutory law, and end their illegal funding freeze and the
    impoundment threats. The Appropriations Clause of the
    Constitution is clear that Congress determines how much money
    the government will spend, and for what purposes.
        With respect to already-obligated funds, Federal law and
    regulations require that those moneys be disbursed absent a
    real showing of wrongdoing on the part of the recipient. As if
    it weren't bad enough that this lawless administration is
    usurping congressional authority, it now appears it is ignoring
    the Judicial Branch as well. Not one, but two Federal courts
    have ordered the administration to end this illegal freeze.
    Yet, we are hearing across the Country of projects and programs
    that remain frozen.
        In Rhode Island, our State government reports that moneys
    awarded to it under EPA's solar for All program remain frozen.
    Our transit agencies have zero clarity about whether moneys
    awarded under various grant programs will come through. It
    appears that the administration has retreated behind a fog bank
    of non-communication and non-response so that there is no
    individual saying no who can be targeted with a court order
    while the funding remains frozen. That is not a fair way to
    treat courts and it is not the right way constitutionally to
    behave.
        In Massachusetts, grant money awarded under an EPA
    Brownfields program, of all things, remains frozen. In New
    Mexico, moneys awarded under EPA tribal grants to install
    heating and air conditioning and prevent flooding at a school
    are still frozen. These are but a few of many examples. I am
    sure you have all heard examples from your States as well.
        This is wrong and it is harming our constituents. Roads and
    bridges will not be fixed, endangering public safety. Programs
    to remove lead from drinking water and cleanup heavily polluted
    communities will not move forward, endangering public health
    and economic development. Renewable energy will not be
    deployed, preventing improvements in air quality and ensuring
    that our constituents remain vulnerable to price shocks from
    volatile oil and gas markets.
        This is also wrong because it represents a true breakdown
    of our constitutional system of government. I have worked with
    many of my Republican colleagues here on legislation. I have
    worked with the Chair on nuclear and carbon capture bills. I
    have worked with Senator Cramer on legislation to measure our
    carbon advantage in manufacturing. I have worked with Senator
    Wicker on anti-doping legislation. I have worked with Senator
    Graham on legislation targeting corrupt oligarchs. As I
    mentioned, I have worked with Senator Sullivan on plastics
    legislation.
        I am someone who wants to get things done, and I started
    this Congress excited about the bipartisan legislative
    possibilities for permitting, highways and transit, water
    infrastructure, nuclear, carbon capture, geothermal and carbon
    tariffs, to name just a few.
        I do not say this lightly, and I believe I speak for my
    side of the dais and indeed the whole Democratic Caucus when I
    say that our appetite to move bipartisan legislation will
    disappear if this funding freeze does not end and the
    impoundment threats cease.
        I appreciate very much that the Chair has publicly defended
    Congress' power of the purse, and stated that obligated funds
    should be disbursed. I further appreciate that she and her
    staff have worked with me and my staff to find a path forward
    on matters affecting my constituents.
        I hope that all of us can agree that EPA and the other
    agencies we oversee must provide us answers. That was the
    opening question for Lee Zeldin as a matter of form in this
    committee. Well, on Friday, all the members of the committee
    wrote to Administrator Zeldin asking for answers about the
    funding freeze. My staff has since followed up twice with no
    response. We are waiting for answers; so are our constituents.
    We and they deserve better.
        We are also writing to try to get more information about
    the effort to induce EPA employees to quit with an offer that
    has neither statutory authority nor appropriated funds to back
    it up. I think that is called fraud in the inducement.
        There are Potemkin parliaments in autocratic regimes around
    the world. The Russian Duma comes to mind as a classic example.
    I think we can all agree that is an example to avoid.
        This issue is bigger than Democrats versus Republicans. It
    goes to the core operations of our constitutional republic. Let
    us work together to end this illegal funding freeze and
    preserve our constitutional order.
        Thank you, Madam Chair.
        Senator Capito. Thank you, thanks to the Ranking Member.
        I know that Senator Blunt Rochester wants to speak on the
    Brownfields bill, but if she would hold while we go ahead and
    take the votes, while we have critical mass here, that would be
    appreciated.
        We have a quorum now present. We are going to proceed to
    the voting portion of the business meeting. I thank you for
    that.
        I will recognize any member who would like to speak after
    the voting is complete.
        The Ranking Member and I have agreed to consider the
    committee rules package and the committee funding resolution en
    bloc. We have also agreed to consider the Capito Substitute
    Amendment to the committee funding resolution as adopted. The
    substitute was just a minor typo change.
        I move to approve the committee funding resolution as
    amended by the substitute amendment, and the committee rules en
    bloc. Is there a second?
        Senator Whitehouse. Second.
        Senator Capito. All those in favor, say aye.
        [Chorus of ayes.]
        Senator Capito. All those opposed, no.
        [No audible response.]
        Senator Capito. In the opinion of the Chair, the ayes have
    it. The committee rules are approved and the committee funding
    resolution will be favorably reported.
        I note for the record that a quorum of the committee is
    present at the time of this vote.
        I will now call up S. 347, the Brownfields Reauthorization
    Act of 2025.
        [The text of S. 347 follows:]
       [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Capito. Does any Senator wish to be recognized to
    offer an amendment?
        Senator Markey. Madam Chair?
        Senator Capito. Senator Markey.
        Senator Markey. Thank you, Madam Chair. I thank the Chair,
    and I appreciate your efforts to move forward these bills.
    Looking at the chaos in the executive branch caused by Elon
    Musk and his unelected and unqualified minions who are running
    amok in every one of the agencies tasked with executing the
    laws passed by Congress and delivering services to our
    constituents, I have to ask, what are we doing here?
        Brownfields money was shut off unilaterally by the Trump
    Administration last week. The hard-working men and women who
    serve their communities by cleaning up toxic waste weren't sure
    if they would get a paycheck. The communities counting on the
    economic revival weren't sure if they would get stuck with
    toxic legacies for more decades to come, and all because the
    Trump Administration as managed under the thumb of the
    unelected billionaire Elon Musk illegally stopped programs to
    clean up our environment that were authorized and appropriated
    by Congress on a bipartisan basis.
        Yet, we are here, working diligently on behalf of all those
    who elected us to office, to reauthorize and improve that
    Brownfields program, knowing that this administration might
    just decide to ignore the law again tomorrow.
        It is more than just Brownfields. The Environmental
    Protection Agency was forced to stop providing funding to
    programs authorized and appropriated by Congress to get toxic
    pollution like PFAS out of our drinking water, to fight air
    pollution, to help schools buy newer, healthier school buses,
    and to lower energy bills and make people's homes safer and
    more comfortable places to live.
        Judges across the Country have stepped in against the Trump
    Administration's illegal funding cutoff, but the chaos
    continues, the uncertainty continues. Frankly, our
    constitutional crisis continues. Why are we working together,
    collaboratively, across the aisle, for people in all 50 States,
    to pass new laws if the Trump Administration is going to pick
    and choose which laws it will follow? What is the point of
    Congress which holds the power of the purse and all legislative
    powers under Article One of the Constitution if our laws can be
    ripped up on the whims of one single unelected billionaire?
        I know my colleagues may not always agree with every law on
    the books, and I know that you have voted against some of those
    programs. I do not like all the laws we have on the books,
    either. I do not think that means the Constitution does not
    apply to the laws I do not like or you do not like.
        That is why I offered Markey Number 1 as the amendment to
    this bipartisan Brownfields Reauthorization. It simply states a
    Sense of Congress that the President has to fully follow the
    law and that funding can not be withheld once authorized and
    appropriated by Congress. If we pass laws on behalf of the
    American people, these laws should work on behalf of the
    American people.
        I appreciate that Chair Capito and Ranking Member
    Whitehouse want the Environmental Protection Agency to
    function. I do believe you do. We were able to get answers for
    our Brownfields program in Massachusetts so they can now keep
    operating, and thanks to our efforts, the court orders appear
    to be now working in unlocking funding for other programs that
    we passed in the Bipartisan Infrastructure Law and the
    Inflation Reduction Act. These are laws that came out of our
    committee, to clean up the air, the water, the land, in our
    communities.
        We should not need a Sense of Congress in order for laws
    passed by Congress to be executed by the President. I am not
    calling this amendment up for a vote today, because the law
    itself should be enough. If the Trump Administration continues
    to illegally seize funding and unconstitutionally stop
    operating programs to clean up our communities and stop
    pollution, I simply do not see how we can let the committee
    work as if we are in business usual going forward. I cannot
    commit to that.
        This is our first test: are we a nation of laws or not?
    Will the administration accept the fact that this committee has
    the ability to pass laws if they are signed by a President, any
    President, that they are the law of the land, and that an
    unelected billionaire cannot go in and arbitrarily select the
    parts of that law that are going to be enforced?
        This is our first test. We are a nation of laws. We must
    pass that test before we can pass these bills. That is the
    sense that I have of where we are historically, because this is
    just one small subset of all of the laws that are on the books
    to protect all of the people.
        It is not for one unelected billionaire to say, we are
    throwing entire agencies or entire sections of the law into a
    woodchipper because he does not like it. If he has individual
    objections, he should come. You have the majority; we should
    have the hearings. Then we can vote on whether we want to wipe
    out the Brownfields program or if we want to wipe out agency
    after agency.
        That is fraudulent. They should identify the fraud and then
    bring it to us, and we will vote on it. Much of that fraud I
    will vote with you to root out. Not if it is going to be futile
    for us to act and then to wonder whether or not it will be
    implemented.
        That is the moment in history which we are at, this
    committee is a part of that. My Sense of Congress resolution is
    that these laws should be upheld is absolutely central to our
    own common understanding of who we are and what we represent in
    the system.
        Thank you, Madam Chair.
        Senator Capito. Thank you, Senator Markey. I understand you
    have withdrawn your amendment; you are going to offer the
    amendment as stated.
        Senator Markey. That is correct.
        Senator Capito. I appreciate that, and I think that is why
    we are here, because the Brownfields program is important to
    all of us, as it was unanimously last year. There is very
    strong support.
        My understanding, I think you alluded to this in your
    remarks, is that EPA as of Tuesday evening, the Brownfields
    program is not subject to the funding pause. I understand the
    concerns going forward. Our staffs have spoken about this
    issue. We have been working with you, I think for your
    particular project, to make sure it can move forward
    expeditiously.
        I would also say in response to one of the comments the
    Ranking Member made, I too heard Administrator Zeldin say, as a
    former Member of Congress, repeatedly, that he would respond to
    our letters, to our inquests, and to our requests for
    information. We had a lot of frustration over the last 4 years
    of all the unanswered inquiries that we had from our side of
    the aisle to the previous Administrator.
        I will be, in my next conversation with the Administrator,
    he hasn't been sworn in yet, to make sure that he is much more
    responsive in a timely fashion. I appreciate that.
        With that, I am going to call up the Brownfields bill. I
    move that the committee report the bill--oh, if there are any
    other amendments? I do not think so.
        Is there a second on the Brownfields bill?
        Senator Whitehouse. Second.
        Senator Capito. Wait a minute. Senator Sullivan, did you
    have something?
        Senator Sullivan. Madam Chair, I just wanted to----
        Senator Capito. Sorry about that.
        Senator Wicker. Madam Chair, the Chair deferred on hearing
    Senator Blunt Rochester because there are other committees that
    need members present. The sense of the Chair was that we would
    vote and then hear debate.
        Now, if we are going to have extended debate, we are going
    to have to notify other committees that members will----
        Senator Capito. Okay, understanding that----
        Senator Wicker. I propose that we go ahead and hear your
    motion.
        Senator Capito. Okay, well, I called for amendments.
    Senator Markey had an amendment that he was going to put up and
    withdraw.
        Senator Sullivan. Madam Chair, I will yield to my colleague
    from Mississippi and I will talk about my amendments that I was
    going to put forward but I will withdraw and talk about them
    after the vote.
        Senator Capito. Much appreciated.
        We will move forward with it, thank you, Senator Wicker,
    for bringing that forward. We will move forward with the
    committee report. Is there a second?
        Senator Whitehouse. Second.
        Senator Capito. All those in favor, say aye.
        [Chorus of ayes.]
        Senator Capito. All those opposed, no.
        [No audible response.]
        Senator Capito. In the opinion of the Chair, the ayes have
    it. The legislation is favorably reported.
        I note for the record that a quorum of the committee is
    present at the time of the vote.
        Finally, I will call up S. 351, the Strategies to Eliminate
    Waste and Accelerate Recycling Deployment Act of 2025.
        [The text of S. 351 follows:]
       [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Capito. I am going to hold--I do not believe we
    have any amendments, so I am going to----
        Senator Merkley. I am going to offer an amendment and
    withdraw it. This amendment deals with the topic and
    specifically about reuse and refill.
        Senator Capito. Could I just ask, interrupt just for a
    second? We are under a time constraint here, obviously, from, I
    think it is the Senator's committee, would you mind
    withdrawing?
        Senator Merkley. I am offering to withdraw it right now,
    with the understanding that our teams have talked and that you
    will work with me to pursue this piece of the puzzle.
        Senator Capito. I will work with you to pursue this, yes.
    Thank you. I appreciate that.
        I move that the committee report the bill favorably. Is
    there a second?
        Senator Whitehouse. Second.
        Senator Capito. All those in favor, say aye.
        [Chorus of ayes.]
        Senator Capito. All opposed, say no.
        [No audible response.]
        Senator Capito. In the opinion of the Chair, the ayes have
    it. The legislation is favorably reported. I note for the
    record that a quorum of the committee is present at the time of
    the vote.
        That concludes the voting portion of today's business
    meeting. Would any Senator like to be recognized? I will
    recognize Senator Blunt Rochester first.
        Senator Blunt Rochester. Thank you, Madam Chair. I want to
    thank my colleagues for working with us to pass this
    legislation to reauthorize the EPA program that helps breathe
    new life into communities across our Country.
        As everyone here knows, the EPA Brownfields program
    empowers States, communities, and stakeholders to work together
    to address environmental contamination and repurpose land. When
    a brownfield is cleaned up, the redevelopment of that property
    brings new jobs and increased tax revenue.
        A 2017 study concluded that cleaning up brownfields can
    generate up to $97 million in additional tax revenue for local
    governments. These are great benefits that help improve our
    environment, our economy, our health and job opportunities. I
    am proud to co-lead this bill with you, Senator Capito, as I
    take on the work of our former Chairman, Senator Tom Carper. I
    want to thank him for his leadership as well.
        Today moves us a step closer to providing the needed
    funding to communities to help them repurpose, reimagine, and
    redevelop their neighborhoods. I would just say in closing that
    it was important for me to be on this committee because my
    State is the lowest mean elevation State in the Country. We
    have challenges like others, we are urban, suburban, rural and
    coastal.
        One of the reasons why I really wanted to be on this
    committee, having worked with you on WRDA, is because of the
    bipartisan nature. I hope that this moment, which is an
    inflection point for all of us, that the historic nature of
    this committee continues to operate that way, in a bipartisan
    fashion.
        I am concerned about usurping the power of congress, and I
    hope that we can stay unified in our efforts to make sure that
    these programs that we fund, that we appropriate, that we
    legislate, are actually implemented so that we can see the
    benefits that I refer to in my statement.
        Thank you, and I yield back.
        Senator Capito. Thank you very much.
        I now recognize Senator Sullivan.
        Senator Sullivan. Thank you, Madam Chair. I just wanted to
    briefly touch on the two amendments that I had, it was Sullivan
    1 and Sullivan 2. I am hopeful we can move these in a
    bipartisan way.
        This, Madam Chair, relates to Alaska Native lands in
    Alaska. The background is in 1971, Congress passed the biggest
    land claim settlement probably in the history of the world for
    Native people, 44 million acres of State and Federal land, that
    is I think bigger than California, went to the Native people of
    Alaska. They set up Alaska Native Corporations, they set up
    regional corporations. They own this land in fee simple. It is
    a very innovative program.
        Unfortunately, a lot of the land that the Feds gave to the
    Native people of Alaska was polluted. Very, very polluted. We
    have legislated in this committee before, Senator Carper was a
    co-sponsor of some of my legislation, it has been very
    bipartisan. I am hoping that colleagues like Senator Whitehouse
    can join me in my amendments because the amendments just
    essentially make no sense.
        The first amendment addresses a challenge, it is
    complicated, but in terms of brownfield programs to have
    cleanup on Alaska Native lands, Alaska Native Corporation lands
    that the Federal Government gave to the Native people polluted,
    it says, it does not include petroleum that pollutes those
    lands. Why wouldn't it include petroleum? Remember, this is the
    Federal Government that polluted the lands, nobody else.
        We want an amendment that says, well, you can apply for
    brownfield funds that would of course include cleaning up
    petroleum sites that the Federal Government gave to the Native
    people of Alaska polluted with petroleum. That is just, it
    seems crazy that that is not in the law now. I would like to
    try to fix that. I think it would get bipartisan support.
        That was Sullivan 1. Sullivan 2 is even crazier, which
    requires right now, fixing something crazy, which requires
    right now in the law, before you can start a cleanup of these
    contaminated lands in Alaska on Alaska Native lands, again,
    polluted by the Federal Government, you have to start with a
    NEPA process, a NEPA process to get permission to then go
    cleanup contaminated lands.
        I just think that is nuts, because it takes time, takes
    money. Everybody knows these are contaminated lands because of
    the Feds. We need a categorical exclusion saying, you do not
    need to do a NEPA process to start the cleanup of polluted
    lands for the Native people of my State.
        Those are the two amendments. Very common sense. Senator
    Carper and I have worked together previously. CERCLA, believe
    it or not was going to under the law say to the Native people,
    Defense gave you polluted lands, now you have to clean them up
    under CERCLA and you have to pay for it. What? We fixed that in
    this committee in a bipartisan way.
        These are more common sense amendments that I am hoping we
    can get passed that bring fairness to just what we are all
    trying to do, is cleanup these polluted Native lands in my
    State that were polluted by the Federal Government when they
    gave the lands to the Native people of Alaska in the first
    place. That is what we are trying to get done.
        Thank you, Madam Chair. I appreciate that and look forward
    to working with both you and Senator Whitehorse on this.
        Senator Capito. Thank you, Senator Sullivan. I, from my
    standpoint, want to work with you to try to work through these
    issues. It does sound very much common sense in my opinion. I
    will say, serving on this committee with you as I have for
    several years, I have learned so much about your history and
    your State's history and the unique challenges, we all have
    unique challenges in our States, but I would say you may have
    the most unique challenges.
        If we can keep working, thank you for being willing to keep
    this last bill on track. We will help to address this
    petroleum-contaminated site.
        Senator Whitehouse. I look forward to working with my
    friend, Senator Sullivan, as well on this. I think the concern
    on our side is going to be make sure that if there is actual
    liability for that pollution on the part of the fossil fuel
    industry that they are paying an appropriate share to remedy
    what they did.
        If it is only the Federal Government that has caused this,
    that is one thing. If the Federal Government had fee, was
    polluted by the fossil industry, and then transferred it
    without settling up with the fossil fuel industry for that
    harm, they should not be able to walk away from any
    accountability. I think that is the issue we will have to
    address.
        Senator Sullivan. Thank you both.
        Senator Capito. Thank you.
        With no further business, the committee stands adjourned. I
    want to thank everyone. Thank you.
        [Whereupon, at 11:04 a.m., the hearing was adjourned.]
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