Federal bill would heighten DRBC accountability and oversight

A bill introduced by a Pennsylvania congressman proposes to bring greater scrutiny to the operations of the Delaware River Basin Commission and identify commission duties and responsibilities that might duplicate or overlap with federal agencies.

The bill, H.R. 3428, titled the Mid-Atlantic River Basin Commissions Review Act and introduced by Rep. Rob Bresnahan, a Pennsylvania Republican, cleared the House Committee on Transportation and Infrastructure on June 11.

In addition to the DRBC, the measure calls on the federal General Accounting Office to also review the workings of the Susquehanna River Basin Commission and the Interstate Commission on the Potomac River Basin.

“This federal-level review will ensure these commissions implement the necessary practices to serve as good stewards of taxpayer resources,” according to a summary of the bill on the committee’s website. “Specifically, this GAO review will focus on ethics practices, communication with the public, and how each commission carries out federal responsibilities.”

A time of tumult

The measure comes at a time that the Trump administration, backed by a Republican majority Congress, is seeking to cut personnel and funding at the U.S. Environmental Protection Agency, disrupt or roll back various environmental protection rules and undermine scientific research that environmental advocates say is an important tool in understanding extreme weather brought on by climate change.

The Bresnahan bill calls for the GAO to submit to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works of the Senate a report with any recommendations “for statutory or administrative changes or changes to ethics policies and practices, to increase the transparency or congressional oversight” of the commissions.

Bresnahan, a newly elected congressman for Pennsylvania’s 8th District, made headlines in March when he convened a roundtable with local pro-fracking industry figures, advocates and elected officials. Together with Lee Zeldin, the newly appointed head of the Environmental Protection Agency, they talked about the need to unleash the natural gas resources in the Delaware River Basin and throughout the country.

It was not immediately clear what triggered Bresnahan to seek greater oversight and accountability of the commissions.

A summary of the bill said “a state level audit of the SRBC raised concerns about compliance with ethics and appropriate use of funds.” However, it was not clear what audit the committee was referring to.

A press representative for Bresnahan did not respond to emailed questions.

One commission welcomes oversight

The Susquehanna River Basin Commission said in a statement that it “fully supports the intent of H.R. 3428,” adding, “We welcome continued oversight and accountability measures that reinforce public trust in our work.”

The commission noted that it has previously been reviewed by the GAO and “we view this latest initiative as an opportunity to reaffirm our commitment to transparency and effective governance.”

The DRBC declined comment but noted that its finances are subject to GAO and state-level oversight.

‘At a loss’ to understand need for the legislation

Michael Nardolilli, the executive director of the Interstate Commission on the Potomac River Basin, said he had listened to the mark-up of bill in the committee and that he was “at a loss to understand why the Interstate Commission on the Potomac River Basin was included in this legislation that was clearly targeted” at the other two commissions.

“The Congressional sponsors identified their alleged concerns that the River Basin Commissions were not adequately ‘managing’ their rivers and that the commissions had placed undue restrictions on hydraulic fracturing or fracking,” he said. “Unlike SRBC and DRBC, however, ICPRB has no regulatory authority and therefore can’t ‘manage’ anything and couldn’t restrict fracking even if it wanted to.”

He added that the commission has an outside party lead an annual audit and files those findings every year with the relevant Congressional committees. Further, he rebutted some of the claims made by the bill sponsors that the commission lacked federal oversight.

“The president appoints three commissioners that sit on the Interstate Commission on the Potomac River Basin who have the duty of watching over ICPRB and making sure that is both efficient and effective,” he said. “Finally, the sponsors claimed that the ‘fees charged were out of control.’ ICPRB does not charge any fees.”

Like the DRBC, the Susquehanna River Basin Commission and the Interstate Commission on the Potomac River Basin are multi-state compacts. However, unlike the DRBC and the Susquehanna commission, which have regulatory powers, the Potomac River Basin commission is an advisory, non-regulatory agency. It is made up of the Potomac basin states of Maryland, Pennsylvania, Virginia, West Virginia, and the District of Columbia.