UMRBA Update

February 16, 2001

 Washington News

• Water Infrastructure---On February 13, members of Congress were joined by a coalition of local and state officials, drinking water and wastewater facility operators, contractors, unions, and environmentalists in renewing calls for increased federal spending on water infrastructure.  The 29 member organizations of the Water Infrastructure Network (WIN) released a report outlining a Partnership for Clean and Safe Water for the 21st Century.  In an April 2000 report, WIN estimated a $23 billion gap between current spending from all sources and the nation's water infrastructure needs.  The new report, Water Infrastructure Now, follows up on this by calling for the federal government to spend an average of $12.2 billion per year between FY 03 and 07 to help meet this gap.  WIN's package includes funding to capitalize state infrastructure financing authorities, support state Clean Water Act and Safe Drinking Water Act programs, fund technology and management innovation grants to facilities, fund local stormwater management pilot projects, and provide technical assistance.  According to WIN, even with such an increase in federal funding, "local government will still be paying 80 percent of the cost to build, operate, and maintain America's water and wastewater systems."

WIN had a receptive audience for its recommendations among the 80-member Water Infrastructure Caucus.  Representative Sherwood Boehlert (R-NY), the previous Chair of the Water Resources and Environment Subcommittee, warned that "without adequate investment in water infrastructure, the dramatic health and environmental gains of the past three decades may be lost."  Citing the success of TEA-21 and AIR-21 in addressing the nation's highway and airport needs, Boehlert called for WATER-21, "the obvious next chapter in the Congressional efforts to repair America's crumbling infrastructure."   Senator Bob Smith (R-NH), Chair of the Senate Environment and Public Works Committee, has also expressed willingness to examine options for meeting the nation's water infrastructure needs.  Regarding the WIN report, Smith said "we will consider this and all other points of view on this issue."  According to Senate committee staff, the Fisheries, Wildlife, and Water Subcommittee will likely hold a series of hearings beginning in April. Those hearings will focus on four issues: the extent of the infrastructure problem and projected needs, how financing options such as grants and loans have worked in the past, privatization options, and the impact of water quality regulations on facility costs.

• Corps of Engineers Reform---Six House members, including Wisconsin Representative Ron Kind (D), are spearheading creation of a Corps Reform Caucus "to work together toward a financially and scientifically accountable Army Corps of Engineers."  In a January 17 Dear Colleague letter inviting fellow lawmakers to join the Caucus, the six Representatives describe themselves as "a bi-partisan, geographically and ideologically diverse group that shares a common concern about the Army Corps of Engineers' projects and policies, and particularly their lack of financial accountability and record of environmental protection."  The letter goes on to say, "the federal taxpayer has spent billions of dollars constructing these projects, yet many of them have not returned the predicted benefits, while others have caused enormous environmental damage.  We are sure you share our concern about this devastating situation, as well as the recent series in The Washington Post and other media reports that have raised serious questions about the integrity of current Corps projects and their potential for institutional bias."  The six lawmakers reportedly hope to recruit 50 to 60 members of the Caucus within the next month. 

• Corps Listening Session Results---The Corps has released a report summarizing the 14 regional and two national listening sessions it held from June to November of last year.  America's Water Resources Challenges for the 21st Century describes the responses of listening session participants, who were asked to identify significant water resources challenges for the future and what the federal role should be in addressing those challenges.  According to the report, the following challenge areas were identified:  integrated water resources management and planning; communication, coordination, and education; regulatory issues; floodplain management; marine transportation system; environmental/ecosystem health and management; federal funding; water quality; emergency response; water supply; wastewater collection; general water resources infrastructure; data collection, analysis, and dissemination; Corps planning process; federal and Corps water resources policy; recreation; smart growth and development; and coastal/shoreline management.  Participants indicated that federal roles should include:  resolving cross-jurisdictional water supply issues; developing a comprehensive plan for maritime transportation improvements; revising federal policies to reflect equal consideration of economic and environmental benefits; reevaluating guidelines, principles, and criteria to explicitly account for the value of recreation; undertaking basin- or watershed-level planning; ending indirect government subsidization of floodplain development; and educating the public on the general value of water resources and on more specific topics. 

• States Call for Changes at EPA---States have wasted no time in presenting recommendations for changes and reforms at EPA to the new Bush Administration.  In early January, the Environmental Council of the States (ECOS) and several other organizations of state environmental administrators conveyed their ideas in a letter to then-Vice President-Elect Dick Cheney.  The groups made six broad recommendations:  1) ensure early state involvement in federal policies, statutes, rulemaking, and budgeting; 2) provide adequate funding; 3) pursue more rational, consistent environmental laws; 4) ensure federal facilities' compliance with environmental laws; 5) modernize federal and state data management and equipment; and 6) include people with backgrounds in state government among senior environmental appointees.  In addition, ECOS has released the results of a survey identifying the top state priorities in each EPA region.  Top priorities for states in Regions 5 (IL, IN, MI, MN, OH, and WI) and 7 (IA, KS, MO, NE) include TMDLs, nonpoint sources, and concentrated animal feeding operations.  The letter, survey results, and related information are available on the ECOS web site.

• CAFO Public Meetings---EPA has announced a series of public meetings on its proposed regulations governing concentrated animal feeding operations.  The proposed rules, released on December 15, would extend permit requirements to smaller operations and would make several changes to effluent guidelines for CAFOs.  (See the January 9 UMRBA Update for details on the proposal.)  According to EPA, the eight public meetings are designed to "enhance public understanding of the proposed regulations .... [and] are not a mechanism for submitting formal comment on the proposal."  Meeting dates and locations include March 7 in Ames, Iowa and March 15 in Ft. Wayne, Indiana.  Written comments on the proposed rule are due by May 2.  See EPA's web site for further information on the rulemaking and meetings. 

• Section 319 Allocations---On February 7, EPA announced revised FY 01 allocations for the Section 319 nonpoint source pollution program.  The revisions come as a result of a 0.22 percent recission to the 319 appropriation.  Under the new formula, the states of the Upper Mississippi River Basin will receive the following amounts for their Section 319 programs:  Illinois, $9.54 million; Iowa, $5.30 million; Minnesota, $8.00 million; Missouri, $5.36 million; and Wisconsin, $6.00 million.  These totals include both base and incremental funds.  Incremental funds are dedicated to implementing the nonpoint source components of TMDLs in all watersheds and watershed restoration action strategies in Category I watersheds.  (See the December 12 UMRBA Update for a more complete description of the FY 01 Section 319 guidance.)  The revised allocations are available on EPA's web site.

New Bills

• H.R. 325 "Fishable Waters Act"---Amends the Federal Water Pollution Control Act to establish a program for fisheries habitat protection, restoration, and enhancement.  Voluntary watershed councils develop comprehensive fisheries protection plans, which identify specific projects that can be implemented in cooperation with consenting landowners.  These councils are overseen by the states, which approve council plans and administer Fisheries Habitat Accounts.  States with USDA-approved fisheries habitat programs are eligible to receive grants to support the watershed planning efforts and implement the recommended projects.  Annual appropriations of $250 million are authorized for USDA to allocate among the states based upon a state's amount of hydroelectric instream use, number of fishing licenses, degree of degraded waters, number of river miles and lakes, and population.  Additional funds are authorized through the Department of the Interior for an urban waters revitalization program, measures to restrict livestock access to streams, and measures to maintain instream flows.  A national planning program is also established to protect and restore fish habitat on major waterways through improved floodplain management practices.  H.R. 325 is similar to legislation introduced last session that never received a hearing.  Introduced 1/31/01 by John Tanner (D-TN) and eleven co-sponsors including Roy Blunt (R-MO).

• H.R. 398 Safe Drinking Water Act Supplemental Appropriations---Makes supplemental appropriations of $85 million in FY 2001 for Drinking Water State Revolving Funds to ensure that state source water assessment programs include commonly used pesticides.  Introduced 2/6/01 by Robert Andrews (D-NJ).

• H.R. 416 "Environmental Priorities Act"---In states that establish retail electric service choice for consumers, retail electric service providers are to contribute 10 percent of the total consumer savings to a national Fund for Environmental Priorities.  EPA shall establish a National Environmental Priorities Board responsible for administering the Fund.  States may apply for these funds to support projects that lower borrowing costs of constructing wastewater treatment plants, increase the use of filter strips and riparian buffers, mitigate the effects of electricity production on air quality, support the preservation of open space, or otherwise further national environmental priorities established by the Board.  Introduced 2/6/01 by Robert Andrews (D-NJ).

• H.R. 459/S.299 "Pipeline Safety Enhancement Act"---Requires pipeline facility operators to have personnel qualification programs, conduct risk analyses of their facilities, implement integrity management programs that include periodic inspections and measures to prevent and mitigate unintended releases, and carry out continuing public education programs.  Establishes Regional Emergency Transportation Coordinators responsible for defining mapping standards and vendors for first responder mapping tools.  Includes grants to states and local governments for emergency response management, training, and technical assistance and provides for state oversight authority of interstate pipeline transportation.  Establishes civil penalties for discharges from hazardous liquid pipelines.  Includes provisions related to pipeline incident reports and research and development on alternative technologies.  Requires the Department of Transportation to develop a strategic plan to reduce accidental releases from pipelines, to conduct a study of how to preserve environmental resources in conjunction with maintaining pipeline rights-of-way, and to conduct a study of land use practices that affect pipeline rights-of-way.  Repeals a requirement for the consideration of costs and benefits in prescribing pipeline safety standards.  H.R. 459 introduced 2/6/01 by Rick Larsen (D-WA) and six co-sponsors.  S. 299 introduced 2/8/01 by Patty Murray (D-WA) and Maria Cantwell (D-WA).

• S. 249 "Renewable Energy Development Incentives Act"---Extends permanent federal tax credits for certain types of renewable energy, including "incremental hydropower."  Defines incremental hydropower as increasing the efficiency or capacity of licensed non-federal hydro facilities in existence as of the date of enactment.  Introduced 2/6/01 by Henry Reid (D-NV).

• S. 252 "Clean Water Infrastructure Financing Act"---Authorizes $3 billion/year in FY 02-06 for the Clean Water State Revolving Loan Fund.  Provides technical and planning assistance for small systems (those serving fewer than 20,000), expands the types of projects eligible for loan assistance, and offers financially distressed communities extended loan repayment periods and principal subsidies.  Introduced 2/6/01 by George Voinovich (R-OH).  Similar to legislation Voinovich introduced last session that had a hearing, but did not move beyond the subcommittee.

• S. 285 "Water Conservation and Quality Incentives Act"---Amends the Clean Water Act to authorize the use of state revolving loan funds (SRFs) for the construction of water conservation and quality improvements.  Eligible water conservation improvements include piping or lining irrigation canals, wastewater and tailwater recovery or recycling, irrigation scheduling, water use measurement or metering, and on-field irrigation efficiency improvements.  According to Senator Ron Wyden (D-OR), the bill's co-author, "states would be authorized, but not required, to use their SRF funds for these purposes.  Participation by water users, farmers, ranchers and other eligible loan recipients would also be entirely voluntary."  Introduced 2/8/01 by Ron Wyden and Conrad Burns (R-MT). 

Committee Action

• Farm Bill---The Senate and House Agriculture Committees met on January 30 and 31, respectively, to begin consideration of the 2002 farm bill.  Specifically, both committees met to review the final report of the Commission on 21st Century Production Agriculture.  The Commission was created under the current farm bill to examine the appropriate federal role in agriculture.  Entitled Directions for Future Farm Policy:  The Role of Government in Support of Production Agriculture, the broad-ranging report includes recommendations regarding conservation programs.  Specifically, the Commission recommends continuing the current Conservation Reserve Program, with any increased acreage directed to buffer strips, filter strips, wetlands, grass waterways, and partial field enrollments.  According to the report, combining partial field enrollments with these conservation measures "allows producers to farm productive land near streams and rivers while benefiting the wildlife habitat and water quality of those areas."  The Commission also supports continuation of conservation cost-share and incentive payment approaches through the Environmental Quality Incentives Program (EQIP) and urges "adequate support for NRCS staff to administer a fully funded EQIP."  Noting that the goal of natural resource conservation is generally accepted but that the means of achieving that goal are frequently debated, the Commission also endorses "new programs that provide agricultural producers with economic incentives to adopt practices that achieve measurable environmental benefits that minimize the need for invasive regulatory approaches."  Toward that end, the report recommends new research on voluntary and regulatory alternatives, compensation options, agriculture's positive contributions to air and water quality, and conservation priorities.  Testimony and the Commission's report are available on the House and Senate Agriculture Committees' web sites.

• Transportation Challenges---On February 14, the Senate Appropriations Transportation Subcommittee held an oversight hearing regarding the department's top management challenges.  DOT Inspector General Kenneth Mead presented a report that several House and Senate committees asked him to prepare last October.  Mead reportedly identified surface transportation safety, including pipeline and hazardous materials concerns, as DOT's second greatest challenge.  MarAd's ship scrapping program was ninth on the list.

Future Committee Schedules

• Interior FY 2002 Appropriations---House Interior Appropriations subcommittee begins its hearings on April 4 and will hear from Interior Secretary Gale Norton on April 25.

• EPA FY 2002 Appropriations---House VA, HUD, and Independent Agencies Appropriations Subcommittee begins its hearings on March 21 and will take testimony on EPA's budget May 9 and 10.

• FEMA  FY 2002 Appropriations---House VA, HUD, and Independent Agencies Appropriations Subcommittee begins its hearings on March 21 and will take testimony on FEMA's budget April 4.

• Coast Guard FY 2002 Appropriations---House Transportation Appropriations Subcommittee begins hearings on February 28 and will take testimony on the Coast Guard budget May 2.

Floor Action

• Pipeline Safety---On February 8, the Senate passed the Pipeline Safety Improvement Act by a vote of 98-0.  Originally introduced as S. 141, the bill was renamed S. 235 as a procedural move to bypass committee markup and proceed directly to the Senate floor.  Senate Majority Leader Trent Lott reportedly agreed to expedite the legislation because an identical bill had passed the Senate last September, but failed to become law when the House did not act. 

As passed by the Senate, S. 235 requires pipeline operators to develop plans to improve the qualifications for pipeline personnel,  implement integrity management programs, carry out a continuing public education program, report incident releases greater than five gallons, and communicate with state and local emergency response officials.  It also directs DOT to develop a comprehensive plan for collecting and using pipeline data and authorizes appropriations for both federal pipeline safety programs and state grants.  During floor debate, S. 235 was amended to require pipeline operators to inspect their lines every five years, rather than "periodically."  The failure of the House to pass similar legislation last session has been attributed, in part, to criticisms that the inspection mandate in the Senate bill was not tough enough. 

River Basin News

• Missouri River Diversions---Missouri Governor Bob Holden (D) and Manitoba Premier Gary Doer have signed a memorandum of understanding (MOU) expressing their opposition to water transfers between the Missouri and Hudson Bay watersheds.  The MOU, signed in January, pledges the state and province to work cooperatively "to oppose any incremental works in either the Missouri or Hudson Bay watersheds that are intended to be part of an eventual transfer of water between the watersheds."  According to the Missouri Department of Natural Resources, the MOU was prompted by passage of the Dakota Water Resources Act as part of the FY 01 consolidated appropriations measure (see January 9 UMRBA Update).  That legislation made a variety of modifications to the Garrison Diversion project that would, if completed, lead to diversion of water from the Missouri River basin to the Red River basin, which is part of the Hudson Bay drainage.  According to Missouri DNR Director Steve Mahfood, "we are certainly supportive of ensuring water needs of the citizens of the Red River Valley are met, but not at the expense of Missouri citizens.  A Bureau of Reclamation study has shown that those needs can be met without resorting to an interbasin diversion."  Information about Missouri and Manitoba's joint efforts is available on Missouri DNR's web site.

• Wetlands Regulation---On February 13, the Wisconsin State Senate passed Senate Bill 37, legislation that would continue the state's water quality certification of projects that involve wetland filling or dredging.  The legislation was developed in response to the January 9 U.S. Supreme Court SWANCC decision that limited the Corps of Engineers' jurisdiction over isolated wetlands.  (See January 9 and January 30 issues of UMRBA Update for more information.)  Like many other states, Wisconsin has exercised its federally-dependent jurisdiction over such wetlands by reviewing projects that require Corps 404 permits and providing certification that the federally-permitted activity would not violate any Wisconsin water quality standard.  The new state legislation would continue this certification requirement, even in the absence of the federal permit requirement. 

Wisconsin is one of the first states in the nation to attempt to fill the gap in wetlands protection resulting from the landmark Supreme Court decision. In his testimony before the Wisconsin Senate Environmental Resources Committee on February 1, then-DNR Secretary George Meyer urged support for the bill, saying it would "maintain the 'world' as it was on January 8, the day before the Court's decision."  Wisconsin DNR has estimated that 70 to 80 percent of the state's 5.3 million wetlands may no longer be protected as a result of the SWANCC decision.  According to Meyer, "every day we wait, we risk losing more wetlands."  However, the fate of the legislation in the Wisconsin State Assembly is uncertain.  The Chair of the Assembly Environment Committee has reportedly cautioned against moving too hastily.  Meyer's testimony is available on DNR's web site and the legislation can be found at http://www.legis.state.wi.us/.

• Missouri/Mississippi Confluence Park---After years of effort by public officials and interest groups, Missouri has a new state park at the confluence of the Mississippi and Missouri Rivers.  Missouri Governor Bob Holden (D) announced establishment of the new park on February 7.  Holden described the 202-acre area in St. Charles County as "a significant site not only in the state but in the nation, both historically and geographically."  Park interpretation will include information about the Lewis and Clark expedition, which will mark its 200th anniversary in 2004.  The St. Louis-based Danforth Foundation provided $668,000 for the acquisition to River Network, which in turn transferred the land to the state.  The Danforth Foundation is also granting $275,000 to the Missouri Department of Natural Resources to help develop park facilities.  Noting the park's location 15 miles north of downtown St. Louis, DNR Director Steve Mahfood described it as "a great opportunity for people who may not have visited a state park before to experience nature."  Using a $2 million interest-free loan from the Danforth Foundation, River Network has also acquired 872 adjacent acres that may eventually be placed in public ownership.

• Minnesota River Restoration---Minnesota Governor Jesse Ventura (IP) and bipartisan members of the legislature are joining forces in an effort to provide the balance of the state's contribution to the Minnesota River Conservation Reserve Enhancement Program (CREP).  The program is designed to help restore the Minnesota River by taking 100,000 acres of marginal cropland in the basin out of production.  By appropriating $51.4 million in state funds prior to September 2002, Minnesota can secure approximately $98 million in federal funding that remains available for the effort.  Without the additional funding, it is estimated that the Minnesota CREP will only enroll approximately 40,000 acres out of its 100,000 acre goal.  Governor Ventura included the full $51.4 million in his budget and key members of the Minnesota House and Senate support the request.  In addition, the funding is endorsed by a broad range of agricultural, environmental, transportation, and recreational interests.  According to state Senator Dennis Frederickson (R-New Ulm), "the Minnesota River is the state's legacy.  CREP represents a once-in-a-lifetime opportunity to clean up the Minnesota River and reduce pollution downstream in the Mississippi River.  We need to take advantage of the opportunity to leverage federal dollars and finish the work we started with CREP."  Information concerning the Minnesota River CREP is available from the Minnesota Board of Soil and Water Resources.

• Audubon Refuge Report---According to a new National Audubon Society report, the nation's wildlife refuges are "in a state of crisis."  Audubon released its report, Refuges in Crisis, on February 7.  The report highlights 10 imperiled refuges that Audubon describes as "major national or international conservation priorities," including the Upper Mississippi River National Wildlife and Fish Refuge.  It notes that the UMR refuge serves as a migratory stop for 300 bird species, including 40 percent of the continental waterfowl population.  Audubon warns that the UMR refuge is threatened by impacts from agriculture, commercial navigation, and exotic species.  While the report focuses on 10 high-profile refuges, it also emphasizes that water pollution, habitat loss, limited water supplies, invasive species, and harmful public uses threaten many of the nation's more than 500 refuges.   According to Audubon, the refuge system has a $1.6 billion operation and maintenance backlog and many refuges have critical staff and facility needs.  Audubon's report was designed in part to focus Congressional and public attention on the refuge system's funding needs.  In releasing the report, Audubon was joined by Representatives Wayne Gilchrest (R-MD), Nick Rahall (D-WV), and Ron Kind (D-WI). 

For more information regarding Congressional action and links to related sites, visit http://thomas.loc.gov/.

The UMRBA Update is produced by the staff of the Upper Mississippi River Basin Association, an organization formed by the Governors of Illinois, Iowa, Minnesota, Missouri, and Wisconsin to represent the states' common water resource interests.  Questions and comments may be directed to bnaramore@umrba.org.