Byrne Amendment Limits Federal Control Over Ocean Policy

Congressman Bradley Byrne (AL-1) had an amendment successfully added to the Energy and Water Development appropriations bill which would prohibit funding from being used to implement, administer, or enforce the Obama administration’s National Ocean Policy.

The National Ocean Policy is an initiative created by President Obama as part of Executive Order 13547 which allows the administration to implement federal regulations that effect potentially all ocean and inland activities. The National Ocean Policy creates a task force made up of over 20 federal agencies that have the authority to issue regulations that could have a devastating effect on our coastal economies without the input of stakeholders.

Byrne said in his remarks on the House floor: “In my coastal communities, we already meet together, and the federal government is not a good partner. In fact, it has been a hindrance to our ability to use our waters because there are people in the federal government who unfortunately believe the oceans belong to the government, and not to the people.”

Byrne’s amendment was adopted on voice vote.    

A transcript of Congressman Byrne’s complete remarks in support of the amendment can be found below.

Opening Remarks

I am pleased to introduce this amendment on behalf of my distinguished colleague and fellow Member of the Natural Resources Committee, Representative Bill Flores of Texas.

The National Ocean Policy, created under Executive Order 13547, was signed by President Obama in 2010 and requires that various bureaucracies work together to essentially “zone the ocean” and the sources thereof, largely effecting the ways in which we utilize our ocean resources and impacting both our marine and inland economy.

You’ve heard of a land grab, well this is an ocean grab.

This is a simple amendment which says that none of the funds made available by this act can be used to implement, administer, or enforce this executive order.

This policy has large implications for our marine resources but reaches much further than the ocean itself.

Essentially, a drop of rain that falls on your land could cause the federal government to have jurisdiction over your property under the notion that this drop will eventually wind up in the ocean.

The EPA, along with the Army Corps of Engineers, recently released the “Waters of the US” rule, which vastly expands the agency’s jurisdiction under the Clean Water Act by redefining “navigable waterways” serves as an example, and I commend the Committee for including a provision in this bill barring the implementation of such a rule.

The National Ocean Policy not only restricts ocean and inland activities, but it deters the intended focus and finances of over 20 federal agencies that meet as a part of the National Ocean Council – a council that has no statutory authority to exist and no Congressional appropriation.

Both the Natural Resources Committee and Appropriations Committee have asked for detailed spending reports on this overreaching policy, and neither has yet to receive any information.  

Numerous and varied industries will suffer as a result of this well-meaning but ill-conceived policy, including, but not limited to agriculture, energy, fisheries, mining, and marine retail enterprises, just to name a few.

This has the potential to be devastating for coastal communities, such as in my district – a coastal district located on the Gulf of Mexico where the previously mentioned industries play a critical role in our economy.

Those who are affected most by the policy won’t have a say or any representation in the rule making process because there is no current system of oversight in place for the regional planning agencies created as an arm of the National Ocean Council.

Much uncertainty remains regarding program implementation, its impact, the limits of its authority, and lack of true stakeholder involvement.
The President has indicated that he was using his pen and his phone to create policy against the will of Congress and the National Ocean Policy is a perfect opportunity for him to do so.

I urge my colleagues to support this amendment to stop excessive regulation and protect our ocean and affiliated inland economies.

Closing Remarks

I would urge my colleagues on the other side of the aisle to read the amendment. It doesn’t stop any group of people in any state or any coastal area in this country from working together to do the things that they need to do to protect their waters. In fact, it frees them up because under this executive order they could be restricted.

In my coastal communities, we do meet together, and the federal government is not a good partner. In fact is has been a hindrance to our ability to use our waters because there are people in the federal government who unfortunately believe that the oceans belong to the government and not to the people.   

We need to adopt this amendment for coastal communities throughout the United States of America so we can protect the people’s right to control their own oceans and their own waters, so that fisherman, and commercial uses, and recreational uses of our waters are kept and preserved for coastal communities throughout the country. I urge my colleagues to vote for this amendment.