HR 2172: Noem Wind Bill Blocks Public Comment

Whew! I was wrong!

Last month I wrote a cautiously positive review of HR 2172, legislation proposed by Congresswoman Kristi Noem to accelerate the construction of wind farms on federal land. The Utilizing America's Federal Lands for Wind Energy Act would allow wind developers to erect certain wind testing towers on Bureau of Land Management and U.S. Forest Service land without extensive environmental review.

My gut told me not to endorse this bill for a couple reasons:

1. Kristi Noem proposed it.
2. It's part of the House Republicans' "American Energy Initiative," a package of eight bills that embody the rapacious Republican agenda that would drill every acre and kill every rule.

Trying not to base judgment purely on guilt by association, I read the bill. Seeing due environmental process left in place for actual wind turbine installation, and not finding oil or fracking snuck into the bill text, I decided that speeding the process for testing federal sites for wind power might be a tolerable convergence of Kristi's knee-jerk "regulation is bad" mindset and the promotion of clean energy.

I should have trusted my gut. As I learned this week in Washington, D.C., Noem's wind bill is as bad as every other idea that flops out of her mouth.

First, Noem's HR 2172 kills public input. It gives the Secretary of Interior thirty days to act on applications for wind testing. Thirty days is not enough time to announce, conduct, and consider information produced by a public comment period. Folks in the Black Hills may not know the Forest Service land just outside their windows is being considered for a big wind installation until they see the trucks coming in with test towers.

HR 2172 leaves the opportunity for public comment after the testing, when the wind developer applies to install the actual turbines. But at that point, the developer has already spent money and knocked down trees. Opponents will find the balance tipped against them as they try to speak up against a project that already has its foot in the door... or more accurately, its footprint in the forest.

HR 2172 also disrespects Native Americans. Dotting the Hogback Ridge with mere testing towers, let alone turbines, would continue the exploitation of the Paha Sapa that more a few of our Native brothers and sisters would protest. We've already shot the sacred Black Hills through with roads and mines and tourist traps, so one could argue that a few more towers won't make that much difference. But to those Native Americans who would wish to protect the Black Hills from further exploitation, Noem's bill is a slap in the face. It also puts the lie to Noem's masquerade of respect for tribal sovereignty.

HR 2172 could make life harder for wind companies. Wind developers may prefer to know about local opposition to big wind projects ahead of time. A normal review process gives time for public comment. If we maintain that opportunity for public comment prior to the site-testing stage, developers have a chance to determine local support. If that public comment reveals significant opposition, the developer can decide to avoid a fracas and stay out of the area before losing any money in test towers.

Now if a wind developer wants to gauge public sentiment, it could hold its own community meetings. But an official public comment period makes local support and opposition part of the public record. That helps not only the current applicant but future applicants evaluate community factors and make better siting decisions. Ultimately, a strong review process with vigorous public comment (the process Rep. Noem wants to circumvent) may help the industry as a whole identify the best sites, physically and politically, and build wind power faster.

Rep. Noem's HR 2172 is a bad bill. The Congresswoman and the House GOP will use it as cover to say they support clean energy. But HR 2172 isn't really about wind power. It's about chipping away at sensible regulation and the public's right to have a say over the exploitation of its lands. It shows continuing disrespect for Native claims to the Black Hills. And it may actually deprive developers of information they could use to develop our wind resources more efficiently.