New Young amendment language surrenders to politics

Four pols may allow governor to override Coast Guard experts

By Walter Brooks

The fate of America's first offshore wind farm - and the future of offshore renewable energy - could hinge on a pivotal closed-door meeting early this afternoon in Washington.

The four congressional leaders of the House and Senate Transportation Committees, Senators Ted Stevens and Daniel Inouye of Alaska and Hawaii, respectively, and Reps. Don Young and James Oberstar, of Alaska and Minnesota, will meet at 12:30 p.m. to come to a possible compromise on the so-called Young amendment.

The proposal, submitted by Young in the form of a back-door amendment that had never been debated in either chamber of Congress, would prohibit offshore wind turbines within 1.5 miles of shipping and ferry lanes. Takes mean a 3 mile wide corridor. It would, in effect, derail Cape Wind by rendering it economically unfeasible.

According to reliable sources close to the situation, Sen. Stevens is going into the meeting with language that would in effect give the state veto power over a Coast Guard determination as to whether this specific project - and no other - would pose a navigational threat.

Still to be determined is whether the state would take the form of the governor, legislature or another entity. We will be adding more as this develops ...

Below is the exact wording of the compromise amendment:

SEC. 419. OPINIONS REGARDING WHETHER CERTAIN FACILITIES CREATE OBSTRUCTIONS TO NAVIGATION.

In any case, under the following conditions, in which a person requests the Secretary of the Army to take action to permit a wind energy facility:

(1) where the proposed site of the wind energy facility is within the area commonly known as Nantucket Sound; and
(2) the permit sought is under the authority of section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors  Appropriations Act of 1899 (chapter 425; 33 U.S.C. 403).

The Secretary of the Army shall only issue such permit if the Commandant of the Coast Guard and the adjacent state concur in writing, after the date of enactment of this Act, that no obstructions to navigation will > result from the proposed structures or activity. The Commandant and the adjacent state shall provide in writing a determination on whether or not the proposed wind energy facility presents an obstruction to navigation within one year of the date of enactment of this Act or for requests made after the date of enactment of this Act the written determination shall be made within one year of the request for the permit. If no written determination is made by either the Commandant or  the adjacent state within the above specified time the Secretary of the Army shall proceed as if the non-responding entity has issued a written determination that no obstruction to navigation will result from the proposed structures or activities. The determination of the Commandant and the adjacent state shall not be arbitrary or capricious.

This provision shall expire five years from the date of enactment of this Act.