UMRBA Update

October 26, 2001

Washington News

• Floodplain Mapping---The Federal Emergency Management Agency has released draft Guidelines and Specifications for Flood Hazard Mapping Partners. The draft guidelines "define the technical requirements, coordination and documentation activities, and product specifications for Flood Hazard Maps and related products." The guidelines will apply not only to FEMA but also to other mapping partners, including local, regional, and state officials; other federal agencies; and contractors. According to FEMA, the guidelines do not focus on defining specific roles for each of the potential partners, but rather identify the requirements associated with the various mapping-related tasks in order "to ensure consistent and accurate flood hazard information is provided to U.S. citizens nationwide." FEMA is accepting comments on the multi-volume draft guidelines through November 9. The guidelines and related materials are available at http://www.fema.gov/mit/tsd/dl_cgs.htm.

• Emergency Spending---As debate continues on Capitol Hill regarding the size and composition of a fiscal stimulus package, the Administration is moving forward with some emergency spending. In an October 17 letter to President Bush, Office of Management and Budget Director Mitch Daniels presented a plan for $20.0 billion in spending. Authorized as part of the $40.0 billion Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States (P.L. 107-38), this $20.0 billion block of funds will not be available for obligation until Congress authorizes the Administration’s proposed allocation. The White House plan for using this money includes $203 million for the Coast Guard to fund reserves and increase port security; $139 million for increased security at more than 300 Corps facilities, including navigation facilities; $76 million for EPA activities, including drinking water assessments; $600 million for FEMA to provide equipment and training grants to states and local jurisdictions for counter-terrorism and response activities; and $45.2 million for USDA activities, including security and bioterrorism. By contrast, Representative David Obey (R-WI) has outlined an allocation plan for the $20.0 billion that includes $210 million for Corps and Bureau of Reclamation facilities and $165 million to protect water supplies from chemical and biological attacks. Obey is the ranking minority member of the House Appropriations Committee.

Meanwhile, advocates of increased infrastructure spending were disappointed on October 24, when the House narrowly passed an economic stimulus package (H.R. 3090) that includes a wide range of tax relief provisions, but no money for infrastructure. House Republicans point to the $40.0 billion in spending already authorized in P.L. 107-38 and argue that additional public spending would likely be wasteful and too slow to have the desired stimulative effect. H.R. 3090 is estimated to cost $100 billion in FY 02 and $160 billion over ten years. OMB has issued a statement saying that the Administration "strongly supports House passage of H.R. 3090" and urging quick action by Congress on a final measure. House Democrats have vigorously criticized H.R. 3090 as corporate welfare, arguing that many of the tax breaks will do little to stimulate spending and nothing to meet the nation’s critical infrastructure needs. They will reportedly try to add infrastructure spending to the pending FY 02 Defense Appropriations measure. The Senate has not yet acted on its stimulus measure. A draft being developed by Senate Finance Committee Chair Max Baucus (D-MT) and Senator Edward Kennedy (D-MA) reportedly totals approximately $70 billion, including $10 billion in public works spending.

• Water Protection Task Force---On October 5, EPA Administrator Christie Whitman announced establishment of a new Water Protection Task Force to provide guidance on drinking water infrastructure security. Specifically, the Task Force will 1) advise utilities about immediate steps they can take to enhance security; 2) revise a draft 1998 infrastructure plan; 3) identify potential gaps in infrastructure protection and preparedness; and 4) consult with utilities, states, and tribes on additional steps to increase drinking water security. The Task Force’s recommendations for immediate steps have already been sent to utilities. In announcing the new Task Force, Whitman emphasized that "EPA already has a strong coordinated partnership program for protecting our drinking water" and characterized "the threat of public harm from an attack on our nation’s water supply [as] … small." In response to concerns regarding the safety of the nation’s 168,000 public drinking water supplies, EPA’s web site now includes answers to frequently asked questions (http://www.epa.gov/safewater/security/secqanda..html) and a summary of actions the agency is taking (http://www.epa.gov/safewater/security/secfs.html).

• Pipeline Safety---According to a new General Accounting Office report, the federal Office of Pipeline Safety (OPS) has made progress in improving pipeline safety, but still has additional work to do. The report, Pipeline Safety: Progress Made, but Significant Requirements and Recommendations Not Yet Complete, comes in follow-up to a May 2000 report in which GAO criticized OPS for failing to implement 22 statutory requirements and 39 recommendations from the National Transportation Safety Board (NTSB). OPS, within the Department of Transportation, is responsible for regulating approximately 2.2 million miles of natural gas and hazardous liquid pipelines in the U.S. According to the new GAO report, "11 of the 22 [statutory] requirements—including some significant, long-standing requirements—have not been fully implemented." GAO characterizes the NTSB as "encouraged by OPS’ recent efforts to improve its responsiveness, but remains concerned about the amount of time OPS has been taking to implement recommendations." OPS has the lowest ranking within DOT for implementing NTSB recommendations. Statutory requirements yet to be fully addressed include provisions related to inspections, maintenance, planning and integrity management for high-risk areas, and emergency flow restriction devices.

• TMDL Rule Delayed---EPA published an October 18 Federal Register notice delaying the effective date of the Clinton Administration’s controversial TMDL rule. Originally published in July 2000 and set to take effect in October 2001, the rule’s effective date is now April 30, 2002. According to EPA, the delay will "allow the Agency to solicit and carefully consider suggestions on how to structure the TMDL program to be effective and flexible and to ensure that it leads to workable solutions that will meet the Clean Water Act goals of restoring impaired waters. In addition, EPA believes that its decision voluntarily to reconsider the July 2000 rule may result in revisions to the rule that would resolve at least some of the issues raised in pending litigation in the D.C. Circuit Court of Appeals." In its October 18 action, EPA also extended by six months the deadline for the states’ next impaired waters lists. The states revised 303(d) lists are now due October 1, 2002. The notice is available on EPA’s web site at http://www.epa.gov/fedrgstr/EPA-WATER/2001/October/Day-18/w26265.htm.

New Bills

• S. 1527 EQIP Amendments---Amends the authorization for the Environmental Quality Incentives Program (EQIP) by extending it through 2011, defining the phrase "maximize environmental benefits per dollar expended," changing the minimum contract term from five years to three years, and changing provisions related to the timing of available funds. Introduced October 10 by Michael Enzi (R-WY) and Tim Johnson (D-SD).

• S. 1571 "Farm and Ranch Equity Act"---Senator Richard Lugar’s (R-IN) version of the Farm Bill overhauls current commodity programs and significantly increases support for conservation programs. In particular, it phases out most commodity support and loan programs by 2006, shifting to a voucher system for insurance policies that shield growers from crop failures and market losses. The Conservation Title of S. 1571 is generally considered to be more generous than the conservation provisions in the Farm Bill passed by the House earlier in October (H.R. 2646). In particular, S. 1571 reauthorizes the Environmental Quality Incentives Program (EQIP) at $2 billion per year, compared to $1.2 billion per year in the House bill. A new Working Lands Environmental Improvement Option would provide EQIP bonus payments to producers who implement comprehensive conservation systems that go beyond their current level of conservation. In addition, the purposes of EQIP are refocused on helping producers comply with environmental regulations and avoiding the need for such regulatory approaches. Other EQIP provisions offer incentives to address environmental concerns on a watershed basis, allow greater flexibility to adjust program criteria and blend EQIP with other USDA conservation programs, establish a grant program to encourage innovative conservation solutions, eliminate bidding down on contracts, eliminate a prohibition against making payments in the first year of a contract, increase technical assistance for comprehensive nutrient management plans, and allow contracts to be 3 to 10 years in duration.

Lugar’s bill also raises the Conservation Reserve Program (CRP) acreage cap to 40 million acres and mandates that 4 million acres be reserved for water quality purposes through the Conservation Reserve Enhancement Program (CREP) and the continuous sign-up. The Wetlands Reserve Program (WRP) cap is increased by 1 million acres over the next 5 years, compared to the House increase of 150,000 acres per year over 10 years. Funding for the Wildlife Habitat Incentive Program (WHIP) is set at $50 million annually.

S. 1571 establishes a fee-based certification program for all USDA conservation programs to increase the number of technical assistance providers, limits disclosure of producers’ proprietary information, requires USDA to review all of its conservation programs and develop a proposal for consolidating and reforming them, and directs the National Academy of Sciences to develop a single environmental benefits index that may be applied to all conservation programs.

Lugar, Ranking Minority Member of the Senate Agriculture Committee, introduced S. 1571 on October 18.

• H.R. 3104 "Freedom to Fish Act"---Expresses Congressional policy that "all Federal regulations promote open access for recreational fishing" and that restricted areas "be as small as scientifically necessary to provide for the conservation of the fishery resource." Specifically, the bill amends the Magnuson-Stevens Fishery Conservation and Management Act to prohibit establishment of areas closed to recreational fishing, unless certain conditions are met. Introduced October 11 by Collin Peterson (D-MN), Mark Green (R-WI), and four other members.

Committee Action

• Infrastructure Security---On October 10, the House Water Resources and Environment Subcommittee held a hearing about terrorist threats to water resources. Witnesses included representatives of the Corps, EPA, TVA, and FBI, as well as officials from utilities, industry groups, and state and local governments. Mike Parker, Assistant Secretary of the Army for Civil Works noted that "the subject of this Hearing has been posed in the form of a question: ‘Terrorism: Are America’s Water Resources and Environment at Risk?’, and the answer can only be a reluctant, sobering, ‘Yes.’ Risk is everywhere, and impossible to eliminate, entirely." However, Parker went on to emphasize that there are ways of managing that risk. He described the Corps’ on-going efforts to systematically assess security risks to dams and other Corps infrastructure. According to Ronald Dick, Director of the FBI’s National Infrastructure Protection Center, "based upon available intelligence and investigative information, there are no specific credible threats to major water ways or distribution networks at this time. Due to the vital importance of water to all life forms, however, the FBI considers all threats to attack the water supply as serious threats." Testifying on behalf of the Association of Metropolitan Water Agencies, John Sullivan of the Boston Water and Sewer Commission, called on Congress to provide $100 million to assess the physical vulnerability of water systems; $55 million for emergency response planning by water systems; an unspecified amount for research and development related to threat assessment, prevention, and response; and $5 billion for water and wastewater infrastructure. Background on the hearing and witness testimony are available under Hearings/Testimony of the Water Resources Subcommittee at http://www.house.gov/transportation/.

Floor Action

• House Farm Bill---On October 5, the House passed its version of the Farm Bill (H.R. 2646), having narrowly rejected a controversial amendment the day before to shift much of the commodity support funding to conservation programs. Title II of the bill reauthorizes most of the existing conservation programs through 2011 and makes a variety of changes in their provisions. In particular, it increases the Conservation Reserve Program (CRP) acreage cap to 39.2 million acres and gives equal priority under CRP to erosion control, water quality, and wildlife habitat. Ground and surface water conservation are also added to CRP criteria. The target of planting one-eighth of CRP acreage to trees is dropped, as is the use of alley cropping. H.R. 2646 also reauthorizes the Wetlands Reserve Program (WRP) through 2011 at 150,000 acres per year and retains the current authority to use WRP funds to pay for technical assistance. The Environmental Quality Incentives Program (EQIP) is also reauthorized through 2011, beginning at $1.02 billion annually and increasing to $1.5 billion annually. Changes to EQIP include establishing separate "conservation incentive payments," allowing contracts of 1 to 10 years, expanding eligibility to non-industrial private forest land, and increasing annual and contract payment limitations. The Wildlife Habitat Incentives Program (WHIP) and the Farmland Protection Program are also reauthorized and a new Farmland Stewardship Program is established. The Farmland Stewardship Program is design to enhance flexibility by allowing USDA to combine and customize features of individual conservation programs into a single agreement for conservation practices, in return for annual payments to the landowner.

During floor debate, the House approved only a few amendments to the Conservation Title of H.R. 2646, one of which expands the Farmable Wetlands Pilot Program to all states. The pilot, as originally authorized in the FY 01 Agriculture Appropriations Act, limited the voluntary program to producers in six states, including Iowa and Minnesota. Under the new program, up to 150,000 acres of farmed and prior converted wetlands can be enrolled in CRP in every state.

A section originally approved by the House Agriculture Committee, which would have established an Advisory Council to coordinate nutrient and sediment reduction efforts in the Upper Mississippi River Basin, was eliminated from the final bill.

• FY 02 Interior Appropriations---On October 17, both the House and Senate passed the FY 02 Interior Appropriations bill (H.R. 2217, H Rpt. 107-234), which had easily made its way through conference the week before. The final $19.1 billion funding package is $1 billion more than the President’s request and higher than either the House or Sensate had provided. The bill provides $1.32 billion for the Title VII conservation accounts, $121 million more than last year, including $85 million for State Wildlife Grants, $43.5 million for the North American Wetlands Conservation Fund, and $50 million for a new Fish and Wildlife Service Landowner Incentive and Stewardship Program. The Fish and Wildlife Service (FWS) is funded at $1.27 billion, higher than the Administration had requested, but lower than the House had wanted. The conference committee report earmarks funding for some specific projects including land acquisition at Big Muddy NFWR (MO), Fairfield Marsh Waterfowl Production Area (WI), Iron River Fish Hatchery (WI), Neal Smith NWR (IA), and Northern Tallgrass Prairie NWR (MN/IA). In addition, $850,000 from the land acquisition and state assistance budget is allocated to the Mississippi National River and Recreation Area in the Twin Cities, MN. Funding for national wildlife refuges and wildlife programs is increased $23 million over last year, bringing FY02 funding to $399 million. However, the conference committee report included the following cautionary language, "the managers caution the Service that its refuge-specific comprehensive conservation plans are raising unrealistic expectations, both within and outside the Service, with respect to construction, land acquisition, and operations and maintenance funding availability. The managers expect the Service to place a clear and realistic statement in the front of each comprehensive conservation plan stating that such plans detail program planning levels that are substantially above current budget allocations and, as such, are for Service strategic planning and program prioritization purposes only. Such plans do not constitute a commitment for refuge boundary expansions, staffing increases, or funding for future refuge-specific land acquisitions, construction projects or operational and maintenance increases."

The US Geological Survey is funded at $914 million, more than either the House or Senate had originally provided and $31 million over the FY 01 funding level. The federal-state cooperative program for water resources is funded at $64.3 million, the same as the President’s request. The conferees concurred with the House in directing that a National Academy of Sciences (NAS) review of water resources research be conducted. In particular, the conferees observed that "water resources research is not well coordinated," and requested NAS to make "recommendations for a national research program that maximizes the efficiency and effectiveness of existing programs" and answer "the question of whether the Nation is making an adequate level of investment in water resources research."

• FY 02 Agriculture Appropriations---By an easy margin of 91-5 the Senate passed the FY 02 Agriculture Appropriations bill (H.R. 2330) on October 25, after having substituted the version approved by the Senate Agriculture Committee in July (S. 1191). The Senate followed the lead of the Administration and House, choosing not to fund the popular Wetlands Reserve Program (WRP), Wildlife Habitat Incentives Program (WHIP), and Farmland Protection Program because those programs will meet their authorized acreage or spending caps by the end of FY 01. The Environmental Quality Incentives Program (EQIP) was, however, funded at its authorized level of $200 million. The Senate bill also includes increases for the NRCS conservation operations account, which funds NRCS technical assistance to landowners. It also provides $802.5 million for conservation operations, $29 million more than the Administration's request and $19.7 million more than the House. Funding for watershed surveys and planning ($11 million) and for watershed and flood prevention operations ($100.4 million) matches the Administration’s request, in contrast to House increases for those accounts. The Senate bill also provides $10 million for a new watershed rehabilitation program account for technical and financial assistance related to small dam rehabilitation, as authorized last year. The Agriculture Appropriations bill is now ready for conference, having passed the House earlier in the summer.

• FY 02 Continuing Resolution---On October 25 both the House and Senate unanimously passed the fourth FY 02 continuing resolution (H.J. Res 70), a measure that funds the federal government through November 16. Nearly a month into the fiscal year, only two of the thirteen FY 02 spending bills have been conferenced thus far.

Future Committee Schedule

• Senate Farm Bill---The Senate Agriculture Committee will hold a field hearing in Boise, Idaho on October 27. Witnesses include farmers, ranchers, conservationists, and state officials from Idaho. No other hearings on the Farm Bill are scheduled in the Senate. A number of farm groups, including the National Corn Growers, American Soybean Association, and National Cattlemen’s Beef Association have reportedly asked Senate Majority Leader Tom Daschle to postpone consideration of the Farm Bill until next year to avoid rushing the process.

River Basin News

• Wisconsin CREP---On October 5, Wisconsin Agriculture Secretary Jim Harsdorf announced a $240 million Conservation Reserve Enhancement Program (CREP) for the state. Under its agreement with the USDA, Wisconsin will match $200 million in federal funding with $40 million in state money. CREP is designed to focus increased federal and state resources on specific conservation priorities. Illinois, Iowa, Minnesota, and Missouri already have CREP agreements with USDA. In Wisconsin’s case, the focus will be on reducing soil erosion and improving water quality statewide. Landowners will receive funding to install features such as riparian buffers and filter strips. Fifteen-year and permanent enrollment options will be offered. The acreage cap for the program is 100,000 acres. In announcing the new agreement, Harsdorf praised all those who worked on the effort, noting that "this has been a long – and at times difficult – road, requiring a great deal of coordination between local, state and federal agencies." Harsdorf said he hoped to begin sign-ups within the next month.

• Baraboo River---On October 22, state and federal agency representatives were joined by elected officials, advocacy groups, and members of the public in celebrating a six-year restoration of the Baraboo River in Wisconsin. With removal of the old Linen Mill Dam on October 11, the Baraboo became the country’s longest mainstem river to be restored to free-flowing status. The 115 mile Baraboo is a tributary to the Wisconsin River.