Cantwell threatens NOAA with hearings

In an attempt to stop the move of oceanic research from Seattle to Newport, Ore., Washington leaders are pressing the case on behalf of Bellingham.

Newport, Oregon, potential site of NOAA research facility.

Wikipedia Commons

Newport, Oregon, potential site of NOAA research facility.

Sen. Maria Cantwell threatened this week to call top officials of the National Oceanic and Atmospheric Administration to answer questions on Capitol Hill about their decision to relocate NOAA's Pacific research fleet from Seattle to Newport, Ore.

It's been two months since Cantwell asked NOAA for specific information about the Newport site and the basis for choosing it over Seattle, Port Angeles, and Bellingham. In a Wednesday news release, Cantwell warned that the agency is "withholding information from Congress" and said her subcommittee, which oversees NOAA's operations, will compel its top officials to answer questions about the decision.

Cantwell's threat follows a Dec. 11 letter (PDF), signed by both of Washington's senators and most of the House delegation, to Commerce Secretary Gary Locke and NOAA head Jane Lubchenco. Among other points the letter warns NOAA not to try changing details of Newport's proposal in order to finesse federal floodplain regulations, "allowing Newport to change its offer to somehow minimize the effect on the floodplain." The floodplain issue was raised in August by the Port of Bellingham, the only one of the contenders to file a formal protest within NOAA's required timelines. The Port's attorneys cited an executive order by President Carter putting floodplain development off-limits to federal agencies except where there's no alternative.

According to the Bellingham complaint, NOAA told its four applicants it would consider only sites outside of floodplains. However, in its environmental assessment of the winning Newport site, NOAA acknowledged that it appeared to be within a base floodplain while Bellingham is not; and that "the lessor (Newport) must be consistent with Executive Order 11988." That would be Carter's order aimed at keeping the feds out of the floodplains.

The Government Accountability Office, which oversees government transactions such as this, supported Bellingham's complaint, confirming that the Newport site violates the federal floodplain regulation. It also directed NOAA to pay the legal costs of Bellingham's protest, about $200,000.

NOAA had little to say publicly in response to the current congressional squeeze. Spokesman David Hall told Crosscut by email that the agency "intends to adhere to all requirements of the executive order for floodplain management." He would not comment on the three most likely actions: restarting the selection process; proving that there's no alternative to Newport (a tough sell, since NOAA rated the Bellingham site as high or higher in most categories); or shifting the Newport location in such a way that it's outside the floodplain. The Dec. 11 letter from the congressional delegation seemed designed to warn NOAA away from that third option. Hall said it would be premature to comment on any of the three "until a final decision is made about actions to be taken in response to the GAO decision." NOAA has until the end of January to respond to the GAO ruling.

The six House members who signed the congressional letter include Reps. Norm Dicks, Jay Inslee, Rick Larsen, Jim McDermott, Brian Baird and Dave Reichert. Not signing were Democratic Rep. Adam Smith, who represents parts of King, Pierce, and Thurston counties, and Eastern Washington Republican Reps. Cathy McMorris Rodgers and Doc Hastings.

The letter offered no evidence that NOAA was planning to allow any tweaking of Newport's offer. But it expressed a suspicion that if the response to the GAO's findings is up to "those who conducted the original flawed competition, we will see brazen attempts to preserve the award to Newport, rather than any real effort to comply with the spirit of GAO's recommendations and Executive Order 11988."

"The whole issue's about fairness," Bellingham Port Director Fred Seeger told Crosscut. "The Port of Bellingham spent a lot of money putting together its proposal. We're just asking for a fair process." Seeger said the Port is "delighted at the amazing support and cooperation we've received from the delegation and especially from Senator Cantwell."

There's no indication that the GAO findings or congressional pressure have given NOAA or Newport any second thoughts. NOAA spokesman Hall emphasized earlier this month that "there are no plans to suspend work at the Newport facility." The Port of Newport has hired engineers and contractors and plans to begin demolition in January. And General Manager Don Mann says, "Nobody's told us to slow down."


About the Author

Bob Simmons is a freelance writer and former KING-TV journalist living in Bellingham, Wash. You can reach him in care of editor@crosscut.com.

Like what you just read? Support high quality local journalism. Become a member of Crosscut today!

Comments:

Posted Thu, Dec 17, 1:34 p.m. Inappropriate

Interesting there is no mention of it being only the new pier pilings that will be in the floodplain. Also, there is no information saying Bellingham is not in a floodplain. In fact, the GAO closes with
"In defending against this matter, the agency has requested that we dismiss Bellingham’s protest for various reasons, including the agency’s assertions that it was legally precluded from awarding the lease to Bellingham due to Bellingham’s price and/or that Bellingham’s proposal should be similarly viewed as offering a structure within a designated floodplain area. We have declined to dismiss the protest based on the agency’s post-protest assertions, since it is not clear that, during the acquisition process, the agency considered either of these matters as a mandate for rejecting Bellingham’s proposal. While these matters may be proper considerations by the agency in determining if there are practicable alternatives, in the context of the agency’s dismissal requests we view the agency’s post-protest assertions as being made “in the heat of litigation,” and we will not rely on them as bases for dismissing the protest."

jaker

Posted Thu, Dec 17, 2:02 p.m. Inappropriate

I wanted to check the actual EA - here is part of what it says for Bellingham:
"The adjacent Whatcom Waterway, Log Pond and coastal edges of the site are identified as being within Zone A which includes special flood hazard areas subject to inundation from the one percent annual chance flood event, but for which no base flood elevations have been determined (Zone A). The proposed action for Site Alternative 3 is not anticipated to alter site elevations or the flow characteristics of Bellingham Bay or nearby waterways, and is not within the 100-year floodplain, except for in-water work such as the wave attenuator, small vessel dock and mooring dolphins."

jaker

Posted Fri, Dec 18, 5:59 a.m. Inappropriate

It seems obvious that NOAA is already out-of-control. Allowing them to establish a mini-fiefdom far from any adult supervision, on the Oregon coast, would allow all sorts of hanky-panky to go on. They would be entirely able to command the little town they were in, creating a colony of loyal serfs who would support them in whatever they did there.

This agency should be put on a short halter and kept under close supervision until it becomes somewhat rational. If we let them get set up in distant Oregon we'll eventually awake to the mother of all boondoggles.

Posted Mon, Dec 21, 7:36 p.m. Inappropriate

With regard to jaker's assertion that "there is no information saying Bellingham is not in a flood plain." Read again, please, NOAA's Environmental Assessment, the same document you've been citing. Page 5-95, describing the Bellingham site: "With respect to the likelihood of the proposed action being affected by flooding, the site is not within an identified floodplain. As such, the proposed alternative is unlikely to be affected by land-based flooding, but has the potential to be affected by storm surge during large storm events."

While you're at it, see page 5-96, describing the Newport site: "Site alternative 4 (that's Newport) appears to be within a base flood plain. The lessor (Newport) must ensure compliance with the requirements of the SFO as it pertains to base floodplains and consistency with Executive Order 11988 (that's Jimmy Carter's executive order aimed at keeping federal facilities out of floodplains).

Bob Simmons

Posted Wed, Dec 23, 11:37 p.m. Inappropriate

NOAA Chief Jane Lubchenco is an Oregon State University alum. This is simple cronyism. Oregon State University has Marine Science studies and they intend to compete with the UW. There is no rationale for a move to Newport vs. Bellingham beyond that.

sitka

Login or register to add your voice to the conversation.

Join Crosscut now!
Subscribe to our Newsletter

Follow Us »