Comer Presses Raimondo on NOAA Marine Sanctuary Proposal's Impact on Undersea Cables

House Oversight Committee Chairman James Comer, R-Ky., is pressing the Commerce Department over NOAA’s proposal for creating the Chumash Heritage National Marine Sanctuary off the coast of central California amid concerns over “new regulatory impediments” to permitting undersea fiber cable installations in that area. He noted NTIA’s role in implementing $48.2 billion in connectivity money from the 2021 Infrastructure Investment and Jobs Act and contrasted that with NOAA’s evaluation of the Chumash NMS, which “envisions adding additional layers of dated bureaucratic red tape to the existing permitting process.” NOAA has acknowledged “‘several U.S. agencies have legal authority to regulate the laying and maintenance of cables off our nation’s shores,’ in addition to state regulatory requirements,” Comer said Friday in a letter to Commerce Secretary Gina Raimondo. “Despite NOAA’s admission,” the 2011 undersea cable permitting policy the agency “proposes to use for the permitting of undersea internet cables in the Chumash Heritage NMS … has been so onerous that the Committee could not identify a single example of a new undersea communications cable deployed in an NMS governed under the policy.” Some “of the designated NMS sites across the U.S. protect areas that undersea cables might seek to simply avoid,” but “the proposed designation of the Chumash Heritage NMS would fill the last gap off the California coast already utilized by numerous cables for trans-Pacific connectivity,” Comer said: “Substantial cost increases for internet infrastructure connecting the U.S. West Coast to Asia and U.S. Pacific territories, delays, and new maintenance restrictions created by imposition of the 2011 permitting guidance under the Chumash Heritage NMS designation, if left unaddressed, will seemingly occur if NOAA moves forward without mitigating onerous requirements that empower bureaucrats but offer little benefit to marine environments.” NOAA “has proposed substantial revisions to its Chumash Heritage NMS designation as a concession to facilitate undersea electrical cables for offshore wind energy projects” but has “invested little time or effort into analyzing the impact of the designation on existing and potential future use of areas for undersea fiber-optic cables,” he said. Comer pressed Commerce to brief House Oversight about how NOAA and NTIA evaluated the Chumash designation’s impact on undersea cables. NOAA “will review the letter and answer the congressman through official channels,” a spokesperson emailed us.