Washington News

· Land Use Planning---At the request of the Senate Smart Growth Task Force and the House Sustainable Development Caucus, the General Accounting Office (GAO) has prepared a report evaluating the extent to which state and local planners consider the impacts of different land use strategies on air and water quality. In its report Environmental Protection: Federal Incentives Could Help Promote Land Use That Protects Air and Water Quality, GAO concludes that “most states and localities do not comprehensively assess the impacts of existing land use or future development on water quality and factor such analysis into water quality protection and improvement plans.” The expert panel GAO used for its evaluation rated lack of funding, technical staff, and public and official support as the key impediments to better assessment of the impact of land use on water quality. GAO notes that EPA has a number of initiatives that provide state and local officials with some of the federal financial incentives, technical support, and public outreach recommended by the expert panel. “Nevertheless, partly because of limited resources, these are one-time initiatives or not sufficient to reach the number of interested localities.” GAO thus recommends that EPA “devise a more comprehensive and cohesive strategy for providing this assistance.” In addition, GAO recommends that EPA “review key rules and program activities—such as water infrastructure funding programs and TMDL requirements—to determine if they conflict with states’ and localities’ growth management efforts.” GAO’s report is available at http://www.gao.gov/new.items/d0212.pdf.

· Arsenic Standard---On October 31, 2001 EPA Administrator Christie Whitman announced that the drinking water standard for arsenic will be 10 parts per billion (ppb), effective in 2006, reaffirming the regulation that the Clinton Administration had originally set forth in its final month in office. Whitman’s announcement comes after months of review. Last spring, EPA had asked three expert panels to review all new and existing studies related to the risks, costs, and benefits of arsenic standards. In her October 31 announcement, Whitman emphasized that the additional study has not delayed the compliance date. "Instead it has reinforced the basis for the decision," said Whitman. "I said in April that we would obtain the necessary scientific and cost review to ensure a standard that fully protects the health of all Americans, we did that, and we are reassured by all of the data that significant reductions are necessary. As required by the Safe Drinking Water Act, a standard of 10 ppb protects public health based on the best available science and ensures that the cost of the standard is achievable." In a letter to the conferees on EPA’s FY 02 spending bill, Whitman outlined her decision on the arsenic standard and pledged that EPA will help small water systems meet the new standard. EPA’s press release, Whitman’s letter to the conferees, and other background information are available at http://www.epa.gov/safewater/arsenic.html.

· Wetland Regulation and Compensatory Mitigation---On October 31, 2001, the Corps of Engineers issued a Regulatory Guidance Letter (RGL) for compensatory mitigation projects under the Corps’ wetlands regulatory program. The RGL comes in response to a June 2001 report by the National Research Council, which “faulted the Corps' mitigation in several ways, including failure of mitigation projects, lack of planned mitigation projects being built, the Corps not taking a watershed approach to mitigation, and too much reliance on onsite mitigation, which often fails because of altered hydrology on the site where draining and filling aquatic areas occurs.” The Corps’ RGL states that “all mitigation required by the Corps should be based on a consideration of regional aquatic resource requirements… and take an ecosystem approach to the formulation of compensatory mitigation projects, considering the resource needs of immediate and nearby watersheds.” Specifically, the RGL addresses debit and credit assessments, the role of preservation, inclusion of upland areas, vegetated buffers, use of in-kind mitigation, and mitigation ratios. The RGL and related background information are available at http://www.usace.army.mil/inet/functions/cw/hot_topics/rglmitigation.htm .

· Nonpoint Pollution Abatement---In the November 6, 2001 Federal Register, EPA announced the availability of draft technical guidance for protecting and restoring wetlands and riparian areas from nonpoint pollution. The guidance does not set any new or additional standards for the Clean Water Act Section 319 nonpoint program, but rather is intended to provide technical assistance on the best available, economically achievable means of protecting and restoring wetlands and riparian areas from nonpoint source pollution. Additionally, the guidance provides technical assistance on the use of vegetated treatment systems (filter strips and constructed wetlands) to control nonpoint source pollution. Among the case studies cited in the appendix to the guidance are the Des Plaines River Wetlands Demonstration Project in Illinois, the Middle Raccoon Watershed Partnership in Iowa, and the Bay Island EMP project on the Mississippi River near Hannibal, Missouri. EPA is taking comments on the draft guidance until February 4, 2002. The draft manual and Federal Register notice are available at http://www.epa.gov/owow/nps/wetmeasures/.

· Flood Outlooks---On November 1, 2001, the National Weather Service started issuing five-day flood outlooks that identify areas at risk of significant river flooding. In particular, a new national map showing flood potential is being assembled using flood outlooks developed by each of the 13 regional River Forecast Centers. Significant flooding is defined as “flooding that adversely affects roads, residential, commercial, industrial, and/or agricultural areas and may require the evacuation of people and/or livestock.” The outlook will focus on flooding along rivers and will not address the potential for flash flooding. The graphic product is available at http://www.hpc.ncep.noaa.gov/nationalfloodoutlook/ and additional information is available at http://www.nws.noaa.gov/oh/hic/Flood_Outlook/index.html.

New Bills

· H.R. 3166 “Rebuild America: Financing Infrastructure Renewal and Security for Transportation Act”---Authorizes additional funding in FY 02 for a variety of infrastructure including rail, water, highways, transit, aviation, maritime, economic development, and public buildings. In particular, the bill includes provisions to assist small wastewater systems and authorizes an additional $5 billion for clean water state revolving funds, $1.5 billion for wet weather projects, and $1.5 billion for safe drinking water state revolving funds. The Corps of Engineers is authorized to receive an additional $1.2 billion in FY 02 “to carry out construction, operation, and maintenance activities for authorized civil functions,” of which $263 million would be for security at critical infrastructure. The bill also provides that, in making these additional funds available, federal agencies may temporarily waive nonfederal cost-share requirements. Introduced October 24 by Robert Borski (D-PA) and 32 others.

· H.R. 3224 “Community Drinking Water Assistance Act”---Amends the Safe Drinking Water Act by establishing a grant program to assist small public water systems located in disadvantaged communities with projects and activities to comply with drinking water standards. Authorizes $1.9 billion for the period FY 01-06. Prohibits EPA from enforcing an arsenic standard in any state until the earlier of January 1, 2006 or the date that EPA certifies that the grant program has been implemented in that state. Introduced November 1 by Heather Wilson (R-NM), Joe Skeen (R-NV), and Jim Gibbons (R-NV).

· H.R. 3227 Drinking Water Contamination---Amends the Safe Drinking Water Act to provide grants for research on methods to combat biological contamination of public drinking water supplies. Introduced November 1 by Sheila Jackson-Lee (D-TX).

Committee Action

· Farm Bill---The Senate Agriculture Committee is in the midst of a multi-day mark up of its Farm Bill measure. Sessions began on October 31 and are expected to continue into next week. The Committee’s starting point for its work is the Agriculture, Conservation, and Rural Enhancement Act (S. 1628), introduced by Committee Chair Tom Harkin (D-IA) on November 2. In contrast to the 10-year measure (H.R. 2646) passed by the House on October 5, Harkin’s bill provides five-year authorizations. While the Bush Administration continues to favor delaying the Farm Bill until next year, sentiment in Congress is strong to complete action this year. Advocates for acting now cite the troubled farm economy and prospects for a much tighter federal budget situation next year.

The Senate Agriculture Committee has not yet taken up the bill’s conservation title. However, Senator Harkin calls his conservation package “a cornerstone of the bill.” In particular, Harkin emphasizes his proposed new Conservation Security Program (CSP) that pays farmers for conservation practices on working lands. Practices are grouped into tiers, with payments linked to the level of practices a landowner elects to implement. Existing and new conservation practices are eligible for the program. According to Harkin, “some people out there believe we ought not to reward good actors. I believe they’re wrong,” he said, arguing that such payments “encourage others to do the same.” The Conservation Security Program would be funded through the Conservation Commodity Corporation (CCC) and would not be subject to annual appropriation. The Congressional Budget Office reportedly estimates that the CSP would cost approximately $500 million annually.

In addition, S. 1628 extends and expands a number of existing conservation programs. The Conservation Reserve Program’s enrollment cap goes from the current 36.4 million acres to 40 million acres, with 4 million acres earmarked for the Conservation Reserve Enhancement Program and continuous practices. Under Harkin’s bill, the annual enrollment cap for the Wetlands Reserve Program increases to 250,000 acres. Funding for the Environmental Quality Incentives Program increases incrementally, reaching $950 annually in the fourth year of the bill. Similarly, funding for the Wildlife Habitat Incentives Program would rise from $50 million in FY 02 to $100 million in FY 06. New provisions include a Grassland Reserve Program authorized to purchase permanent and long-term easements on up to 1 million acres. The bill authorizes up to $15 million annually for measures to reduce watershed risks, including flooding, erosion, and drought. Eligible measures include purchasing floodplain easements.

· Water Security---On November 8, the Senate Environment and Public Works Committee approved two new water security-related measures sponsored by the Committee’s leadership, including Chair Jim Jeffords (I-VT) and Ranking Minority Member Bob Smith (R-NH). Introduced October 31, S. 1608 authorizes $25.0 million in FY 02 grants to drinking water and wastewater facilities. These grants are designed to meet immediate physical security needs. Eligible projects include security staffing, training, and basic physical improvements. Funds would be allocated among the states based on an existing Safe Drinking Water Act formula, and states would give special consideration to the needs of small and disadvantaged communities.

The Water Infrastructure Security and Research Development Act (S. 1593) was introduced October 30 and is a somewhat longer-range measure. It would authorize an EPA grant program to support research projects on critical infrastructure protection for water systems. Both water supply and wastewater systems are covered under the bill. The language authorizes $12 million annually in FY 02-07 for the grants. Projects addressing both physical and cyber threats would be eligible. In introducing the bill, Senator Jeffords emphasized the need “to ensure that we are taking the steps necessary to protect our nation’s water infrastructure system during these times.” House Science Committee Chair Sherwood Boehlert introduced a companion measure, H.R. 3178, also on October 30.

· Water Infrastructure Financing---With estimates ranging wildly on the future needs for wastewater and drinking water infrastructure spending, the Senate Subcommittee on Fisheries, Wildlife, and Water held an October 31 hearing on innovative financing options. In an opening statement, Missouri Senator Christopher Bond (R-MO) called for approaches that address the diverse needs of communities, ranging from very small towns with failing septic systems to large cities faced with aging infrastructure. EPA Water Administrator G. Tracy Mehan called for “adding some of the flexibilities of the Drinking Water SRF program to the Clean Water SRF program and … extend[ing] the provision which allows States to transfer funds between their Clean Water and Drinking Water SRFs in order to allow States the flexibility to better direct funds towards priority needs.” Noting that “a number of stakeholder groups have called for a significant increase in Federal investment in water and wastewater infrastructure,” Mehan said “certainly, there will be a continuing role for the Federal government in helping to meet the challenge of extensive infrastructure investment need, but it cannot be the only solution. The solutions will have to be multi-faceted with Federal, State, and local, public and private investment of time, energy, money, research, and, perhaps most needed, innovative thinking and bold actions.” Other witnesses, including Rick Farrell of Wisconsin’s Department of Agriculture, urged Congress to consider changes in tax law to facilitate infrastructure bonding. Testimony from the hearing is available at http://www.senate.gov/~epw/stm1_107.htm#10-31-01 .

· FY 02 Agriculture Appropriations---On November 8, conferees approved the FY 02 spending bill for the Department of Agriculture. The conference report on H.R. 2330 is expected to be filed soon. It reportedly includes $779 million for conservation operations. This figure is $66 million above last year, $6 million more than the President requested, but less than either the House or Senate had originally allocated.

· FY 02 Commerce-Justice-State Appropriations---On November 8, conferees approved the Commerce-Justice-State spending bill (H.R. 2500), which among other things includes funding for the Maritime Administration and the National Oceanic and Atmospheric Administration. The conference report is expected to be filed soon, but it reportedly includes $672.4 million for the National Weather Service, slightly more than the Senate had provided, but $57 million less than the House allocated.

· Economic Stimulus---The strongly partisan debate continues over the economic stimulus package. The Bush Administration and Congressional Republicans favor tax relief aimed at both businesses and individuals. Democrats are emphasizing combining tax reductions and unemployment benefits for individuals with increased domestic spending. The Democrats’ spending proposals have focused on infrastructure and other homeland security-related measures. On October 24, the House narrowly passed an economic stimulus package (H.R. 3090) that includes a wide range of tax relief provisions, but no increased federal spending. Voting along straight party lines, the Senate Finance Committee completed work on its measure November 8. However, they elected not to address some of the most controversial items, including infrastructure spending and Senator Frank Murkowski’s (R-AK) energy package. Instead, these are expected to be the subject of considerable floor debate next week. Senate Majority Leader Tom Daschle (D-SD) and other top Senate Democrats support a $20 billion infrastructure component in the stimulus package.

· Coast Guard Authorization---On October 31, the Senate Committee on Commerce, Science, and Transportation filed its report on the Coast Guard Authorization Act of 2001 (S. 951, S.Rpt. 107-89). As reported, the bill would authorize appropriations of $5.2 billion for the Coast Guard in FY 02. In addition, the measure includes a variety of personnel provisions and would authorize FY 02 active duty staffing levels of 45,500, an increase of 5,500 over FY 00. Several marine safety-related reporting requirements and merchant mariner documentation provisions would be modified. In addition, the Coast Guard would be authorized to borrow up to $100 million from the Oil Spill Liability Trust Fund (OSLTF) in emergencies when response resources are inadequate. As with other expenditures from the OSLTF, efforts would be made to recover expenditures from the responsible party(ies). The bill also extends the authorizations for several advisory groups, including the Navigation Safety Advisory Council, the National Boating Safety Advisory Council, and the Towing Safety Advisory Committee. All three of these groups would be extended through FY 05. The Coast Guard would be directed to review its existing harbor safety committees and develop one or more prototypes for establishing such committees in more small- and medium-sized ports.

· Pre-Disaster Hazard Mitigation---On November 8, the Senate Environment and Public Works Committee approved S. 1632, a bill that amends the Stafford Disaster Relief and Emergency Assistance Act. The measure would give states more time to recommend which local governments should receive pre-disaster hazard mitigation assistance. Senator Jim Jeffords (I-VT), Chair of the Senate Environment Committee, is the bill’s sponsor.

· Community Right-to-Know---The House Transportation Subcommittee on Water Resources and Environment held a November 8 hearing regarding the appropriate balance between security and public access to information. Witnesses focused primarily on data that facilities are required to submit under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Clean Air Act’s risk management plan (RMP) provisions. However, they also touched on a wide range of other potentially sensitive information, including the location and function of community facilities such as drinking water intakes and wastewater treatment plants. Security advocates called for limiting public access to such data, while a representative of the U.S. Public Interest Research Group stressed the safety benefits associated with public awareness, called for increased security at facilities, and advocated consistent standards for any decisions to restrict public information. Elaine Stanley, Director of EPA’s Office of Information Analysis and Access, described her agency’s on-going efforts to review what information it makes publicly available. According to Stanley, RMP data, which is required of facilities that handle certain hazardous substances, has already been removed from the agency’s web site. In deciding whether to suppress information, EPA is considering the type of information in question, how detailed it is, how it might be used in conjunction with other information, and whether it is widely available from other sources. Background information and testimony are available under Hearings/Testimony of the Water Resources Subcommittee at http://www.house.gov/transportation/water/11-08-01/11-08-01memo.html .

· EPA Rulemaking---The House Small Business Subcommittee on Regulatory Reform and Oversight held a November 8 hearing on the topic “EPA Rulemaking: Do Bad Analyses Lead to Irrational Rules?” Witnesses included Anne Giesecke of the American Bakers Association. Appearing on behalf of the Clean Water Industry Coalition, Giesecke said industry supports “strong environmental and health rules that are founded on sound science and developed in a deliberative and public process that includes working with the states and the regulated community so that the requirements to achieve the rules' goals are both effective and cost conscious.” She cited the Clinton Administration’s TMDL rule as an example of EPA rulemaking that was deficient on both scientific and process grounds. “Among the rule's many problems,” according to Giesecke, “it did little to address serious concerns with current state 303(d) lists of impaired waters arising out of poor or nonexistent available water-quality data, thereby establishing a potential for a gross misallocation of scarce resources.” She also criticized EPA’s cost estimates for TMDL implementation and the agency’s response to comments it received on the rule. Giesecke applauded EPA Administrator Whitman’s recent decision to delay implementation of the TMDL rule and allow for additional review. Witness testimony is available at http://www.house.gov/smbiz/hearings/107th/2001/011108/index.html .

· Pittman-Robertson---On November 8, the Senate Environment and Public Works Committee marked up the American Wildlife Enhancement Act (S. 990), sponsored the Committee’s Ranking Minority Member Bob Smith (R-NH) and several others, including Senator Christopher Bond (R-MO). Details of the Committee’s mark-up are not available. However, as introduced, S. 990 amends the Pittman-Robertson Wildlife Restoration Act to authorize $350 million annually over five years for a new Wildlife Conservation and Restoration Account. These funds would be kept separate from the existing Pittman-Robertson program and would be subject to annual appropriation. The money would be allocated among the states based on land area and population. Money from the account could be used to fund up to 75 percent of project costs for a range of projects, including habitat acquisition and improvement, recreation, wildlife population surveys, and public access. The bill also amends the Endangered Species Act to establish a competitive matching grant fund that would pay private landowners to implement recovery agreements to protect threatened and endangered species. Appropriations for the landowner assistance would be authorized at $75 million per year for five years. Finally, the bill would amend the Partnerships for Wildlife Act to establish a Non-Federal Land Conservation Grant Program, which would be authorized at $50 million annually for five years. The money would be used to provide cost-share assistance to individual states and groups of states to protect areas of regional or national significance through land acquisition and/or easements.

· National Heritage Areas---On November 1, the House National Parks, Recreation, and Public Lands Subcommittee heard testimony on the National Heritage Areas Policy Act (H.R. 2388). Sponsored by Representative Joel Hefley (R-CO), the bill would authorize the Secretary of the Interior to recommend that Congress designate a National Heritage Area, following completion of a feasibility study and approval of a management plan developed by a local entity. A National Heritage Area would be defined as an area "where natural, cultural, historic, and recreational resources combine to form a cohesive, nationally distinctive landscape arising from patterns of human activity shaped by geography." The bill includes criteria for deciding if an area is appropriate for designation. Upon designation by Congress, the Secretary of Interior could provide grants for 50 percent of the cost of studies, interpretive programs, historic preservation projects, and other activities recommended in the management plan developed by the local coordinating entity. Grants for any one designated area would be limited to a total of $10 million over 10 years. A private property protection provision is included.

Floor Action

· FY 02 Energy and Water Appropriations---On November 1, 2001, both the House and Senate easily passed the conference committee report (H.Rpt. 107-258) on FY 02 appropriations for energy and water (H.R. 2311). The bill, which emerged from conference on October 31, allocates $4.5 billion to the Corps of Engineers, $600 million above the President’s request, but $188 below last year’s funding level. The General Investigations account includes $3.724 million for the Upper Mississippi and Illinois Navigation Study, $1.0 million to initiate the UMR Comprehensive Study authorized in WRDA 99, $1.2 million for the UMR Flow Frequency Study, $2 million for Illinois River Basin Restoration, $825,000 for Illinois River Ecosystem Restoration, and $200,000 for a UMR Watershed Management Study from Lake Itasca to L&D 2. In the Construction General account, conferees split the difference for the UMRS Environmental Management Program, allocating $20 million, rather than the $19 million the Senate had provided or the $21 million included by the House and requested by the President. The Construction General account also includes $800,000 for major rehab at L&D 3, $4.906 million for major rehab at L&D 12, $500,000 for major rehab at L&D 11, $8.038 million for major rehab at L&D 24, $500,000 for work at the Melvin Price Locks and Dam, and $4.0 million for work on the UMR between the Missouri and Ohio Rivers. Funding for national programs under the construction account includes $20.0 million for Section 206 aquatic ecosystem restoration, $1.5 million for Section 204 beneficial uses of dredged material, $15.0 million for Section 107 small navigation projects, and $20.4 million for Section 1135 project modifications for improvement of the environment. The Operation and Maintenance budget includes $138.2 million for O&M of the UMRS, somewhat higher than the Senate had originally provided, but lower than the House allotment of $140.0 million. Other O&M items include $700,000 for aquatic nuisance control research and $4.0 million to begin creation of digital navigation charts for the inland waterways. The Corps regulatory program is funded at $127.0 million, instead of $128.0 million as proposed by both the House and Senate.

Reportedly, the most contentious policy matter for the conferees was language regarding the Missouri River Master Manual. Representatives Tom Latham (R-IA) and Jo Ann Emerson (R-MO) were unsuccessful in their attempt to include both House and Senate language in the conference report. The House language, which did not survive, would have prohibited the Corps from approving any changes to the Missouri River Master Manual that include a spring rise below Gavins Point. Instead, the Senate language was retained, which allows the Corps to consider alternatives for achieving species recovery other than the alternatives specifically prescribed by the Fish and Wildlife Service.

H.R. 2311 is now cleared for the President, having passed the Senate 96-2 and the House 399-29.

· FY 2002 EPA and FEMA Appropriations---On November 8, the House and Senate both voted by wide margins to approve the compromise VA, HUD, and Independent Agencies appropriations bill (H.R. 2620, H.Rpt. 107-272). The measure provides FY 02 funding for numerous agencies, including EPA and FEMA. The floor votes came after a series of delays, first over the arsenic standard. That issue was largely cleared away when EPA Administrator Whitman announced that the Bush Administration would implement the 10 parts per billion standard promulgated during the Clinton Administration’s final days. Then appropriators delayed filing the H.R. 2620 conference report to express their displeasure with a House Rules Committee proposal (H.R. 981) to adopt biennial budgeting for the federal government. To break the deadlock, the House Rules Committee agreed not to pursue their measure before next year.

For EPA, the conferees provided $7.9 billion, a slight increase over FY 01, approximately $600 million over the Administration’s request, and higher than either the House or Senate originally approved for FY 02. In keeping with both the House and Senate’s previous action, the conference agreement rejects the Administration's proposal to cut the Clean Water State Revolving Fund (SRF) in order to fund a new $450 million Combined Sewer Overflow grant fund. Instead the conferees kept the Clean Water SRF funding level at $1.35 billion. In addition, the lawmakers increased funding for the Drinking Water SRF by about $27 million over the Administration's request, providing $850 million. On the controversial question of the Administration’s proposal to cut EPA enforcement funding in favor of enforcement grants to the states, the Senate’s position prevailed. Conferees provided a slight increase in funding for EPA’s enforcement activities and directed the agency to restore its staffing to FY 01 levels. The Section 319 nonpoint source grants program was funded at $237 million. Conferees earmarked $344 million for cost-share grants to 337 water infrastructure projects. Report language chastises EPA for failing to provide a previously requested estimate of the costs of TMDLs to small business and directs the agency to develop such an estimate.

With regard to FEMA, the House and Senate had each already rejected a Bush Administration proposal to shift greater responsibility for hazard mitigation to state and local government by changing the cost share formula for the Hazard Mitigation Grant Program (HMGP) from 75-25 to 50-50. Conferees spanned a wide gap between the House- and Senate-passed disaster relief funding by appropriating $664 million for the basic account and also providing $1.5 million in contingent emergency funding. The conference report authorizes two transfers from the disaster relief account that were not part of either the House or the Senate measure originally‑-$25 million may be transferred to the emergency management planning and assistance account for pre-disaster mitigation activities and another $25 million may be transferred to the flood map modernization fund. Conferees sided with the House in providing $405 million in funding directly to the emergency management planning and assistance account. The conference agreement allows up to $20 million to be transferred from the National Flood Insurance Fund to the National Flood Mitigation Fund and earmarks $2.5 million from the mitigation fund to buy flood prone properties in Austin, Minnesota.

H.R. 2620 is now cleared for the President, having passed the Senate 87-7 and the House 401-18.

Committee Schedules

· Water Infrastructure Security---The House Science Committee will hold a November 14 hearing on developing anti-terrorism tools to protect water infrastructure. The hearing will address H.R. 3178, the Water Infrastructure Security and Research Development Act.

· TMDLs---On November 15, the House Transportation Committee’s Water Resources and Environment Subcommittee will hold a hearing entitled “The Future of the TMDL Program: How to Make TMDLs Effective Tools for Improving Water Quality.”

Executive Action

· FY 02 Continuing Resolution---On October 31, the President signed the fourth FY 02 continuing resolution (H.J. Res 70, P.L. 107-58), a measure that funds the federal government through November 16. Another continuing resolution is expected soon.

· FY 02 Interior Appropriations---On November 5, the President signed H.R. 2217, the FY 02 Interior appropriations bill (P.L. 107-63) that passed the House and Senate on October 17. The $19.1 billion spending package, which funds the Fish and Wildlife Service, Park Service, and U.S. Geological Survey, is $1 billion more than the President’s request and higher than either the House or Senate had originally provided. (See the October 26 issue of the UMRBA Update for further details.)

River Basin News

· Restructured Navigation Study---On November 9, the Corps of Engineers released a draft Plan of Action for the Restructured Upper Mississippi River System Navigation Feasibility Study. The plan outlines how the Corps intends to restructure and resume the study that was paused in March 2001 to consider recommendations made by the National Research Council and others on the economic and environmental analyses. The objectives of the restructured study are “to relieve lock congestion, achieve an environmentally sustainable navigation system, and address ecosystem and flood plain management needs related to navigation in a holistic manner.” In accordance with August 2, 2001 guidance from Corps Headquarters, the study will produce an interim report in July 2002, followed by a final report two or three years later. The Interim Report will include, among other things, descriptions of future scenarios and the results of any completed analyses of alternative measures utilizing these scenarios; an assessment of the need for, general contents of, and development approach for a comprehensive plan to address the multiple water and land resources needs of the Upper Mississippi River System; preliminary results of a systematic evaluation of O&M practices for the existing navigation project, including potential changes that might be implemented immediately to help address critical needs; a preliminary assessment of authorization and funding options to meet ecosystem needs that cannot be achieved through existing programs and projects; and other recommendations, as appropriate, for additional future actions to address water resources needs in the watershed. The Plan of Action is available at http://www.mvr.usace.army.mil/PublicAffairsOffice/NavigationStudy/UMRSPOA07Nov09MVDFinal.pdf

· Confluence Greenway---On November 6, Illinois Governor George H. Ryan announced the state's acquisition of more than 2,000 acres in Madison County. The land will become part of the Confluence Greenway, which is a 40-mile riverside recreation and conservation area on both banks of the Mississippi River, extending from the Gateway Arch in downtown St. Louis to Pere Marquette State Park in Grafton. "This acquisition is a major step in our efforts to create the Confluence Greenway and enhance the Mississippi River corridor area," Governor Ryan said. "Completion of the acquisition of Mosenthein Island and all the remaining private property on Gabaret Island is a cornerstone of the Chouteau Island project," said Illinois DNR Director Brent Manning. "Enhancement of the habitats will benefit migratory waterfowl, shorebirds and fish populations. The site will also provide recreational opportunities in the region." The land was acquired for $2.8 million through the Governor's Open Land Trust Program, a four-year, $200 million initiative to acquire property for conservation, natural resource protection and recreation purposes. The Trust for Public Land and Southwestern Illinois Resource Conservation and Development Inc. contributed another $500,000 for the Confluence Greenway acquisition.

· Wisconsin Wetland Compensatory Mitigation Rule---On November 14, 2001, the Wisconsin Legislative Joint Committee for Review of Administrative Rules will hold a public hearing on Wisconsin’s proposed wetland compensatory mitigation rule, NR 350. The rule is in its second round of legislative review. Wisconsin Department of Natural Resources originally held hearings on the proposed rules last year and the Natural Resources Board adopted the final rules June 27, 2001. However state legislators requested changes, some of which the Natural Resources Board rejected, triggering objections by committees in both the state Senate and Assembly. As a result, the rules were sent to the Joint Committee for Review of Administrative Rules for resolution. The changes in question relate to the grandfathering of existing mitigation banks, with respect to requirements for mitigation sequencing, and ratio variance provisions for those filling more than 20 wetland acres. Additional information is available at http://www.dnr.state.wi.us/org/water/fhp/wetlands/whatsnew.htm.

· Wisconsin’s Aquatic Nuisance Species Plan---The Wisconsin Department of Natural Resources (DNR), in cooperation with University of Wisconsin Sea Grant Institute, has developed a draft plan for addressing aquatic nuisance species in the state. Among other things, the plan calls for development of a regional unified ballast water management program; study of the impacts of aquaculture and commercial aquarium facilities; inspections of recreational boats at key public landings; an expanded information and education campaign; and monitoring programs for zebra mussels, Eurasian water milfoil, purple loosestrife, rainbow smelt, rusty crayfish, and ruffe. The plan is being submitted to the National Aquatic Nuisance Species Task Force, with a request for $500,000 in federal funds to support the activities in the plan. If the Task Force approves the plan, Wisconsin can qualify for federal funding under the National Invasive Species Act of 1996. In addition, the Wisconsin state biennial budget allocates $300,000 per year to DNR for aquatic nuisance species control, six times the amount allocated in each of the last two years. Wisconsin officials hope to build a program like the aquatic invasive species program in Minnesota. That program, funded by a $5 surcharge on the registration of watercraft, has been credited with greatly slowing the spread of invasive species in Minnesota. The Wisconsin plan is available at http://www.dnr.state.wi.us/org/water/wm/glwsp/exotics/compplan_913_01.pdf. Public comments are being taken until November 30, 2001.

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. Please direct questions and comments to bnaramore@umrba.org. The Update is also available on the UMRBA’s web site at http://www.umrba.org/newsletter.htm.