[Congressional Record Volume 159, Number 121 (Monday, September 16, 2013)]
[Extensions of Remarks]
[Page E1317]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        AMERICA'S INFRASTRUCTURE

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                           HON. ED WHITFIELD

                              of kentucky

                    in the house of representatives

                       Monday, September 16, 2013

  Mr. WHITFIELD. Mr. Speaker, it is important that America's vital 
infrastructure be approved and constructed on a reasonable and 
predictable schedule. In that regard, I am concerned with some tactics 
that have emerged in some states to utilize federally delegated 
authority, most notably under the Clean Water Act, to stall and even 
deny the necessary permits or certifications for federally approved 
projects, frustrating federal licensing and permitting processes. It is 
my understanding that other states may try to use their authority under 
the Coastal Zone Management Act (CZMA) to object to consistency 
approvals regarding federal projects, even though the facility has 
existed for years in the coastal zone and was previously found to be 
consistent with the state's Coastal Management Plan. Such an effort 
would appear to be an attempt to manufacture challenges to the federal 
proceedings.
  In the case of States using federal delegated authority under the 
Clean Water Act to frustrate federally approved projects, the Congress 
has previously legislated and may well need to do so again. I intend to 
work with my colleagues to assess that need presently. As to 
consistency determinations under the CZMA, it is my understanding that 
the law is clear that a State has very limited authority to review an 
existing project a second time, if it underwent a previous federal 
consistency review. The Act and its legislative history show that these 
requirements were meant to apply primarily to new facilities, not to 
existing facilities. Our federally permitted and licensed domestic 
infrastructure is the backbone for a vibrant economy, and Congress 
should work diligently to ensure that it is not jeopardized.

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