Committee advances five-year Montelkouji Bay coastal resilience pilot amid permitting and wildlife concerns

The House Economic Development Committee on March 25 advanced SB3169 ST1 HT1, a five‑year pilot to address shoreline erosion at Montelkouji Bay, after a lengthy hearing that highlighted conflict between urgent erosion control, federal permitting requirements and cultural-resource protections.

Committee members and witnesses repeatedly emphasized two goals: stabilizing the shoreline and preserving a cultural and historic temple at the site. A project representative said the pilot aims to “preserve a cultural and historic landmark” and to stabilize an eroding bluff that is losing several feet each year, threatening burials and sea‑turtle habitat. DLNR staff told the committee they have issued emergency sandbag permits while longer-term solutions are considered.

Why it matters: proponents argued that doing nothing risks losing both the beach and adjacent cultural resources; opponents and agency commenters warned that statutory exemptions cannot override federal authority and that environmental safeguards — including archaeological monitoring and protections for endangered wildlife — must be respected.

Key points from the hearing: DLNR testified it stands on written testimony and asked the committee to strike a word from the draft that may reflect earlier versions; DLNR advised the Office of Planning is not a regulatory permitting agency. A committee member asked whether DBEDT could implement permitting tasks; DLNR replied the Office of Planning can coordinate parties but does not handle regulatory permits. OHA-related testimony cautioned against narrow project-specific exemptions and noted the state cannot exempt projects from federal jurisdiction such as U.S. Fish and Wildlife or Army Corps triggers.

On federal compliance, a project consultant said the proponents will comply with federal permits — including Army Corps and Fish and Wildlife Service requirements — and with state historic‑preservation reviews. The consultant also said the practical approach may be to work when turtles are absent to reduce impacts on protected species.

Committee action and next steps: after recessing and reconvening, the committee chair moved the measure forward and members recorded aye votes; the recommendation to pass was adopted. Several members asked staff to coordinate with other committees and agencies on permitting logistics and potential amendments to ensure federal and state regulatory requirements are satisfied before implementation.

The committee did not adopt specific permitting language on the floor; it signaled willingness to work with the EEP chair and other stakeholders to resolve implementation details and any necessary amendments in subsequent stages.