UMRBA Update
March 2, 2001
Washington News
- President's Budget Blueprint---On February 28, President Bush
released his Blueprint for New Beginnings,
which provides an overview of his FY 02 budget recommendations
and outlines his longer term vision for spending, taxes, and debt
reduction. According to Bush, "for too long, politics in
Washington has been divided between those who wanted big Government
without regard to cost and those who wanted small Government without
regard to need....This budget offers a new approach--a different approach
for an era that expects a Federal Government that is both active to
promote opportunity and limited to preserve freedom." While the
details of the President's budget are not expected to be released until
April, his overview provides some specifics of his plan for FY 02.
Anticipating criticism concerning proposed cuts, President Bush
has said that FY 01 appropriations included unsustainable
increases and has compared his recommendations with funding
levels from earlier years.
Corps of
Engineers:
President Bush is proposing $3.9 billion in FY 02 for the Corps of Engineers'
civil works activities. This is a 13 percent reduction from FY 01 and 5
percent below the FY 00 level. According to the overview, the budget
proposal "gives priority to projects and programs that provide significant
national benefits in the Corps' principal mission areas--commercial navigation,
flood damage reduction, and environmental restoration and
enhancement." The budget also focuses on completing current projects
rather than new starts and "redirects funds from 2001 congressional
add-ons that are inconsistent with established policies." The
President would also provide less funding to study potential new projects, citing
a $40 billion backlog of authorized construction projects. Operation and
maintenance spending is focused on busy commercial ports and waterways,
redirecting funds from recreational harbors and less used inland
waterways. Funding for the Mississippi River and Tributaries project
would focus on "priority flood damage reduction projects," with funds
redirected from "ongoing projects that are not economically justified, are
environmentally damaging, or violate other established policies." The
Corps' wetland regulatory program would receive an increase. Noting
recent controversy surrounding the Corps' analyses of water resources
projects and the Army Inspector General's findings concerning a potential
"institutional bias," the Administration is
considering possible reforms, "including the need for independent
review of Corps planning reports involving controversial or costly
projects."
Department
of the Interior: The FY 02 budget for the Interior Department would be $9.8 billion
under the President's plan, a 4 percent reduction from FY 01, but 15 percent
above the FY 00 level. Among the President's higher profile spending
proposals is $900 million for the Land and Water Conservation Fund (LWCF).
This represents full funding for the LWCF and includes $450 million for state
and local conservation grants. The federal portion of the funding
includes $50 million in matching grants for states to establish Landowner
Incentive Programs to enhance critical habitat and $10 million for Private
Stewardship grants to support private conservation efforts. In
addition, the President is requesting funds to eliminate the National Park
Service's deferred maintenance backlog within five years.
While it does not provide details, the blueprint also promises
reforms "to better target many U.S. Geological Survey
activities" and suggests that these changes will attempt to focus
USGS on providing information needed by DOI's land management agencies.
The President's tax plan also includes a 50 percent capital gains tax exclusion
for private landowners who willingly sell their property for conservation
purposes.
Environmental
Protection Agency:
President Bush's FY 02 budget includes $7.3 billion for EPA, 6 percent below FY
01 and 4 percent below FY 00. According to the blueprint, the reduction
relative to FY 01 "is almost entirely due to the elimination of
unrequested earmarks." The FY 02 request provides $3.7 billion for
EPA's Operating Program, including more than $1 billion for grants to states
and tribes to administer environmental programs. The Administration is
also requesting $1.3 billion for the wastewater state revolving fund (SRF)
program and wants to direct a portion of these funds to new sewer overflow control
grants. In addition, the budget proposal calls for increased innovation
within EPA, including more market-based incentives; recommends increased
enforcement grants to states; and emphasizes the need for "better and more
appropriate use of information and analysis" to make science-based
decisions and measure performance. The President's tax plan would also
extend favorable tax provisions designed to encourage brownfields reclamation.
Department
of Transportation:
The President is recommending $57.2 billion in FY 02 for the Department of
Transportation, 7 percent above FY 01 and 17 percent above FY
00. This includes $5.1 billion for the Coast Guard, a $545 million
increase above FY 01. The Coast Guard's increase is targeted to operational
needs and vessel and aircraft replacement. However, $243 million of this
amount is for equipment to enhance drug interdiction efforts. As part of
"an effort to trim corporate subsidies," the President did not
include any new funding for the Title XI Maritime Guarantee Loan Subsidy
Program. In addition, the Maritime Security Program, currently
administered by the Maritime Administration, would be transferred to the
Defense Department. President Bush is also recommending new user
fees to support federal pipeline and rail inspections.
Federal
Emergency Management Agency: The Federal Emergency Management Agency would receive 2.0
billion in net budgetary authority, 17 percent below the FY 01 level. The
Administration's FEMA budget includes several proposed policy changes.
Among these, the federal share for projects under the Hazard Mitigation Grants
Program would be reduced from 75 percent to 50 percent, resulting in an
estimated $83 million in savings. In addition, a phased-in public
building insurance requirement would generate an additional $83 million in
federal savings. According to the budget outline, "these changes
will help to ensure that States and localities make a significant commitment to
preparing for disasters before they happen." Changes to the National
Flood Insurance Program (NFIP) would eliminate subsidized insurance for
repetitive loss structures if any new claims are submitted and would phase out
subsidized premiums for "vacation homes, rental properties, and other
non-primary residences and businesses." These modifications to the
NFIP are estimated to save $12 million in FY 02. FEMA would also be
tasked with developing improved guidelines to govern the federal disaster
declaration process, "enabling both the States and the Federal Government
to better delineate their respective roles in disaster recovery."
Department
of Agriculture:
The President's FY 02 budget includes $17.9 billion for the USDA, 4 percent
below FY 01's non-disaster-related funding and 5 percent above the FY 00
level. The blueprint document does not include any specifics for the
USDA's conservation programs. However, it does indicate that President
Bush will continue an effort initiated during the previous Bush
Administration to reduce the department's county offices. The
conservation programs are generally delivered through these offices.
Noting that "there are still about 5,600 USDA county-level offices serving
one million farmers," the budget includes "funds to continue efforts
to streamline and modernize USDA's county office structure."
New Bills
- H.R. 668 "Clean Water Infrastructure Financing
Act"---Amends
the Clean Water Act's water pollution control state revolving fund (SRF)
program to expand the range of eligible activities and establish special
provisions for small systems and financially distressed communities.
Activities eligible for SRF financing are expanded to include construction
of publicly owned treatment works (POTWs), implementation of Section 314
lake protection efforts, implementation of Section 319 nonpoint source
management programs, implementation of Section 320 conservation and
management plans, restoration and protection of publicly or privately
owned riparian areas, implementation of water conservation measures,
implementation of public water pollution prevention plans, and acquisition
of lands as mitigation for construction of POTWs. It also calls for
establishing simplified procedures for small systems to obtain assistance,
authorizes extended repayment periods for financially distressed
communities, authorizes special technical and planning assistance for
small systems, and allows states to use up to 30 percent of their annual
capitalization grants for loan subsidies to financially distressed
communities. Requires that SRF assistance recipients be on the
state's Section 216 priority list and authorizes $3.0 billion annually in
FY 02-06 for federal capitalization grants. Introduced 2/14/01 by
Representatives Sue Kelly (R-NY), Ray LaHood (R-IL), Jerry Weller (R-IL),
and 13 others.
- H.R. 701 "Conservation and Reinvestment Act"---Slightly modifies the CARA
legislation passed by the House last year. (The Senate did not
vote on CARA legislation in the 106th Congress.) Creates a
Conservation and Reinvestment Act Fund with up to $3.125 billion of
revenue annually from outer continental shelf oil and gas royalties.
Money from the Fund would be allocated as follows: $900 million to
the Land and Water Conservation Fund (LWCF), $1.0 billion to coastal
states, $350 million to federal wildlife conservation and restoration
under Pittman-Robertson, $125 million to DOI for urban park and recreation
grants, $160 million to DOI for historic preservation, $200
million to DOI and USDA for restoration of federal and tribal lands,
$50 million to DOI for endangered and threatened species recovery
agreements, and $350 million to DOI for payment in-lieu of taxes and
refuge revenue sharing. Of the $900 million in LWCF money, half
would go to states and half to federal agencies. Thirty percent
of the $450 million in state LWCF funding would be apportioned equally
among the states and 70 percent would be distributed based on
population. Recipient states would have to develop action agendas
with public input. Federal agencies would need Congressional
approval before acquiring land with LWCF money and could only acquire land
from willing sellers. The bill also includes a provision requiring
just compensation for any taking of private property pursuant to the act.
Introduced 2/14/01 by Representative Don Young (R-AK) and 9 others.
- H.R. 702 "Personal Watercraft Responsible Use
Act"---Directs
the Secretary of Transportation to establish, within one year of
enactment, national personal watercraft guidelines and standards.
These would include mandatory state registration of personal watercraft; a
minimum age of 16 for solo operation of personal watercraft; and a
requirement that all operators complete training that includes both safety
and conservation components. Allows states to use federal boating
safety grants for personal watercraft safety and related efforts.
Authorizes up to $25.0 million annually in FY 02-04 for law enforcement
grants to states and $2.5 million annually over the same period to support
collaborative task forces to reduce conflicts among recreational and
commercial operators. Requires states covered by the Coastal
Zone Management Act to implement certain enforceable requirements on
personal watercraft users in order to receive full funding for their
coastal zone management programs. Introduced 2/14/01 by
Representatives Jim Saxton (R-NJ) and Wayne Gilchrest (R-MD).
- S. 315 "Conservation Reserve Program Tax Fairness
Act"---Amends
the Internal Revenue Code of 1986 to treat payments under the Conservation
Reserve Program (CRP) as rentals from real estate and thus not subject to
federal self-employment taxes. The bill comes in response to a 2000
federal appeals court decision allowing the IRS to subject CRP
payments to the self-employment tax and to collect such taxes
retroactively through 1996. Introduced 2/13/01 by Senators Sam
Brownback (R-KS), Tom Harkin (D-IA), Christopher Bond (R-MO), and 13
others.
Committee Action
- UMR Navigation Study---On February 27, the Senate Appropriations
Subcommittee on Energy and Water Development held a special hearing
to get the Corps' response to the Army Inspector General's December report
regarding the UMR navigation study. The IG's report
examined whistleblower allegations concerning the UMR study and the
possibility of a more general agency-wide bias for construction of
large projects. In his testimony, Chief of Engineers Robert Flowers
defended the Corps, saying "we are proud of our disciplined water
resources planning and our planning professionals who face the daunting
challenges of solving real problems, balancing competing interests and
forging consensus around solutions. They serve the public well and very
often in the midst of controversy and intense scrutiny."
However, he noted that "an unintended effect of cost sharing
has been the narrowing of focus of studies, as cost sharing partners are
reluctant to finance studies that are broader than their immediate
concern. As a result, our planners are often caught between the
forces seeking comprehensive planning at one end of the spectrum and those
who voice concerns for addressing needs on an expedited basis and early
screening of alternatives that have little chance of being
implemented." With specific regard to the UMR navigation study,
Flowers stated that the current study schedule provides for release of a
draft report for public review in September 2001, with the final
report forwarded to the Secretary of the Army in July 2002. He also
described the actions that he is taking to "ensure the integrity of
the Corps of Engineers and its study process." In particular,
he said that he is restructuring the management of the study, placing
renewed emphasis on the Environmental Advisory Board, evaluating the need
for independent review, and rewriting the Corps' vision statement.
Although the Corps' response to the IG's findings was to have been issued
within 60 days of the December report, Flowers indicated that he was
uncomfortable issuing such a report until a new Assistant Secretary of the
Army for Civil Works is in place. Subcommittee Chair Pete Domenici
(R-NM) was reportedly disappointed, saying "I'm kind of amazed that
you're not really telling us what you're going to do," warning that
"shortcomings could permeate many other projects."
- Clean Water Act---On February 28, the House Water Resources and
Environment Subcommittee held a hearing to receive
testimony regarding the states' perspectives on the Clean Water Act
(CWA). Governor John Hoeven of North Dakota, speaking on behalf of
the National Governors' Association, called for an amendment to the CWA
that would give states at least 15 years to comply with the TMDL mandate
and provide flexibility to establish their own priorities within that
timeframe. "The failure of the current regulation to allow for
alternative programs that can achieve water quality standards is a
significant flaw and should be rectified either through legislation or by
a revised regulation." Hoeven also expressed strong concerns
about EPA's proposed CAFO regulation and called for Congressional hearings
"to determine the actual impact of the proposed changes to the CAFO
requirements and to evaluate the burden to states of implementing a
regulation that adds significant permitting and monitoring
requirements."
Jon Craig of the
Oklahoma Department of Environmental Quality spoke on behalf of the Association
of State and Interstate Water Pollution Control Administrators (ASIWPCA), also
decrying the "plethora of rules and policies issued over the past several
months [that] significantly affect already overburdened state and local
programs." He called the TMDL workload alone "staggering,"
estimating that 1.5 TMDLs will need to be approved each work day for the next
10 years by each of the ten EPA regional offices. Craig also criticized
the recent "Water Infrastructure Now "(WIN) report, in which the
water industry calls for $15 billion in new spending for water
infrastructure. Craig described the proposal as "limited in
scope," ignoring nonpoint and watershed needs by focusing exclusively on
municipal treatment works, duplicative of the "highly effective"
Clean Water State Revolving Funds, and inappropriately focused on grants rather
than loans. Craig also registered ASIWPCA's objections to EPA's
requirement that states adopt water quality standards for nutrients and waters
impaired due to fish advisories, methyl mercury, and sediment. With
regard to funding, the ASIWPCA representative called for increasing Section 106
funding from $172 million to $350 million annually and increasing Section 319
nonpoint pollution funding to $500 million annually, and eventually to $1 billion
annually.
Other witnesses at
the February 28 hearing included Oregon Governor John Kitzhaber, speaking on
behalf of the Western Governors' Association and Christophe Tulou of the
Environmental Council of the States. Background and testimony from the hearing are
available on the subcommittee web site.
- Farm Bill Conservation Programs---In preparation for reauthorizing
the 1996 Farm Bill, the Senate Agriculture Committee held hearings on
February 28 and March 1 on the status of conservation programs. The
hearings highlighted effective and popular programs such as the
Conservation Reserve Program, Wetlands Reserve Program, Wildlife Habitat
Incentives Program, Environmental Quality Incentives Program, Conservation
Reserve Enhancement Program, and Farmland Protection Program, many of
which have more applicants than they can fund. While there was
reportedly wide praise for these programs, there were also calls for
increased funding and flexibility, additional technical assistance for
farmers, and a continued emphasis on voluntary approaches. Testimony
from the hearing is not yet available, but will be posted on the Senate Agriculture
Committee web site in the future.
Future Committee Schedules
· Mississippi River Issues---On March 14, the Mississippi River
Caucus has scheduled a hearing on flood control needs and will hear from the
Upper Mississippi, Illinois, and Missouri Rivers Flood Control
Association. On March 15, the Caucus is scheduled to review issues related
to the UMR navigation study and has asked MVD Commander Edwin Arnold, former
Rock Island District Commander James Mudd, and representatives of MARC 2000 to
address the Inspector General's report and the recently released National
Academy of Sciences study.
- 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. The Senate subcommittee
will begin hearings on April 5, with Norton testifying on April 24.
- 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. The
Senate subcommittee begins its hearings April 25, with June 13 as the date
for EPA.
- 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. The Senate subcommittee
begins its hearings April 25 and will hear from FEMA on May 16.
- 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.
- Corps of Engineers FY 2002 Appropriations---The Senate Energy and Water
Development Subcommittee will hold hearings on the Corps budget on April
24.
River Basin News
- National Academy of Sciences Report on Corps'
Navigation Study---On
February 28, the National Academy of Sciences released its findings
and recommendations concerning the Corps of Engineers' feasibility study
of navigation improvements on the Upper Mississippi River and Illinois
Waterway. The Department of Defense had requested the review,
which was conducted by an expert committee appointed under the joint
auspices of the Academies' Water Science and Technology Board (WSTB)
and Transportation Research Board (TRB). According to the committee,
"while the feasibility study represents some important advances for
Corps of Engineers water resources project planning studies, many elements
of the feasibility study have been framed or assessed
narrowly." The committee divided its recommendations into four
areas: economics, inland waterway and water resources system planning, the
environment, and engineering.
Economics--The committee found that the Corps'
spatial equilibrium model, which was developed to forecast barge traffic,
"represents a major advance over previous economic models" and
recommended that it "be used as a foundation for the feasibility
study." However, the committee judged the assumptions and data used
as input to the models to be flawed. In addition, the committee
criticized the lack of consideration of nonstructural options for decreasing
waterway congestion, recommending that lock extensions not be pursued until
nonstructural approaches such as better scheduling, tradable lockage permits,
and congestion fees are fully assessed.
Inland
Waterway and Water Resources System Planning--The committee found that the study lacks a comprehensive
assessment of how changes in navigation might affect economic, environmental,
and social systems. In particular, the committee recommended that the
economic implications of environmental impacts from barge traffic be considered.
Although acknowledging that the Corps has conducted many environmental
investigations as part of the navigation study, the committee concluded that
"it is not clear how these environmental studies are incorporated into the
decision regarding lock extensions." Given the complexity and cost
of the study, the committee also called for an independent review of the final
study by an interdisciplinary group of experts from outside the Corps.
Finally, the committee determined that the comprehensive planning framework
contained in the Principles and Guidelines is not reflected in the
study and that "environmental improvements--not just the mitigation of
incremental environmental damages--should be examined as part of the navigation
feasibility study."
Environment--The committee recommended systemwide
research on the cumulative ecological effects of the existing navigation
system, environmental effects of recent navigation system improvements,
cumulative effects of increased tow passage, and site-specific effects of
future construction activities. However, the committee recommended
that "this research not be shouldered by the Corps alone" and
suggests that the Environmental Management Program (EMP) research effort be
enhanced "to improve assessment of the current navigation system's
cumulative effects on the environment and broadened to include studies of the
impacts of barge traffic on ecology." The committee also calls for
the Corps to conduct its navigation feasibility study based on the principles
of adaptive management, but faults the "adaptive mitigation"
strategy described in the study for treating the environment "as a
planning constraint rather than as a resource on par with waterway
infrastructure investments."
Engineering--The committee found that the Corps'
estimates of the savings that would be achieved if rehabilitation of aging
locks was not necessary are "sensible." However, the
Corps' 25 percent construction cost contingency was judged by the committee to
be too low.
The committee emphasized
that the Corps has not yet completed its study and thus the committee's review
focused on a July 2000 draft. The committee also acknowledges that
some of its recommendations will require "sustained and significant
resources" and that the Corps may not be able to unilaterally implement
them, given that Congressional action may be necessary. The committee's
report is available at the National Academy Press web site.
- Green Scissors Report---Two projects in the Upper
Mississippi River Basin are among the 74 federal programs and projects
that a coalition of environmental and taxpayer groups have targeted for
elimination, claiming they are both wasteful and harmful to the
environment. The Green Scissors 2001 report lists Upper
Mississippi River Lock Expansion as one of its ten "Choice
Cuts," which would save $1.2 billion. Also targeted is
the $120 million Stillwater Bridge replacement across the St. Croix River
between Minnesota and Wisconsin. The report also calls for half of
inland waterway operation and maintenance costs to be paid by waterway
users, termination of commercial navigation on the Missouri River, reform
of the National Flood Insurance Program, an end to federal cost sharing
for repair of nonfederal levees, and a decrease in the federal cost share for
flood control projects to 50 percent.
- Request for EMP Full Funding---On February 22, the co-chairs of
the Upper Mississippi River Congressional Task Force sent a letter to OMB
Director Mitchell Daniels urging him to include full funding of $33.17
million for the Environmental Management Program (EMP) in the President's
FY 2002 budget request. "The EMP is a top priority of our Task
Force and is vital to the economic and environmental well-being of the
entire Upper Mississippi River Basin....Failing to adequately fund EMP
would be tantamount to ignoring the contribution EMP makes to the overall
economy and character of the Upper Mississippi River." In
recommending full funding, the co-chairs note that "this funding
level is fully in accordance with the program's capability next year"
and would allow for accelerated bathymetric and vegetation mapping and
sediment surveys, accelerated work on seven habitat projects, and planning
for five additional projects. The Task Force co-chairs this year include
Representatives Gil Gutknecht (R-MN), Jim Leach (R-IA), Ron Kind (D-WI),
and Jerry Costello (D-IL). The letter is posted on Representative
Gutknecht's web site.
- Mississippi River Fishing Regulations---Beginning March 1, anglers from
Missouri and Illinois can fish anywhere in the Missouri-Illinois boundary
waters of the Mississippi River or its backwaters under a uniform set of
regulations. "In the past, regulations were different for
almost every sport fish, depending on which state's waters you were
fishing," said Illinois DNR Director Brent Manning. "The
new agreement establishes uniform regulations on methods, seasons, length
limits, and daily limits for sport fishing on and along the
Illinois-Missouri boundary." Previously, an Illinois-licensed
angler fishing on the Missouri side of the river could legally fish
without a Missouri license, but only if doing so in "flowing portions"
of the river, a subjective and often temporary condition. A
Missouri-licensed angler could fish on the Illinois side of the river, but
could not stand on shore and fish from Illinois property in the same water
that was legal to fish from a boat. Missouri DOC Fisheries Division
Administrator Norm Stucky summed up the change, saying, "it is time
that we treat this great river as it truly is - a single ecosystem in
which fish move freely throughout. Anglers should be able to enjoy
this wonderful resource without undue anxiety over geopolitical boundaries
that mean nothing to the fish."
- Wisconsin Fish Consumption Advisory---On February 28, the Wisconsin
Natural Resources Board announced changes in the state's fish consumption
advice for inland lakes to reduce exposure to mercury. The changes
mean that nearly all inland lakes will carry the same statewide advisory
for how many meals of certain species people can safely eat.
According to Wisconsin DNR Secretary Darrell Bazzell, "New scientific
information is showing that mercury is a bigger problem than previously
thought, particularly for developing fetuses and young
children." The advice covers only waterbodies in which mercury
is the predominant contaminant, thus not affecting the Great Lakes, in
which PCBs are the predominant contaminant. Because nearly all
the 1200 Wisconsin waters tested in the past 20 years have contained fish
with mercury levels exceeding the new .05 parts per million of mercury
standard, the state is issuing the same general advice for all lakes
statewide, regardless of whether the lakes have been tested or not.
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.