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Eye on Washington:  Issue 34-35
Will & Carlson's Weekly Newsletter

Volume V, Issue 34-35, October 20, 2003

News Stories

CONGRESSIONAL ACTION

EPW Committee Approves Leavitt Nomination

Utah Gov. Mike Leavitt (R), was confirmed 16-2 by the Senate Environment and Public Works Committee on Oct.15, moving his nomination to the floor for a final vote.  Senators Clinton (D-N.Y.) and Lieberman (D-Conn.) voted no, and Sen. Boxer (D-Calif.) avoided the session as a protest to responses that Gov. Leavitt submitted to EPW regarding his views on a range of environment and energy issues.

The final Committee vote began when Chairman James Inhofe (R-Okla.) rejected a Democratic request to delay the vote until Gov. Leavitt answered additional questions.   Sen. Inhofe defended the Governor and his environmental record in Utah and criticized those who might be using the nomination merely as an opportunity to attack the Bush Administration's environmental record.  "It's wrong that the Presidential ambitions of a few Senators could sacrifice a nominee with a proven record of environmental accomplishments," he said.

Update: EPA Nomination Blocked by Holds; Possible Cloture Motion

Despite Gov. Mike Leavitt’s EPA confirmation by the Senate Environment and Public Works Committee, six Democratic Senators have placed “holds” on his nomination which must be resolved before it can reach the floor of the Senate for a full vote.  Committee Chairman James Inhofe (R-Okla.) is said to be considering “filing for cloture” to confirm Gov. Leavitt in the position.

This Fall’s Senate session is expected to run through at least mid-November, giving some flexibility for the Republican legislators and members of the Administration to try to negotiate around the Democrat’s procedural hurdles.

A cloture motion would begin first with a debate on the nomination in the full Senate for 30 hours, then a vote is taken requiring 60 supporters for the motion; if approved, another 30 hours of debate ensues followed by a final vote -for or against- the nomination.
CONGRESSIONAL HEARINGS

Hearing Set for CALFE

The Senate Water and Power Subcommittee has scheduled a hearing for Oct. 30 to examine S.1097, the CALFED Bay-Delta Reauthorization bill offered by Sen. Feinstein (D-CA).  Likely topics for the hearing are funding levels, governance issues and adherence to the Record of Decision.  The House version of the CALFED bill, H.R.2828, has already moved through Subcommittee markup.  Several different panels are expected to offer testimony to the Subcommittee including elected officials, State and Federal witnesses, and issue stakeholders.

Water Bills Deluge Senate Subcommittee

On Oct. 15, the Senate Water and Power Subcommittee met to consider nine water conservation bills; no date has yet been set for a vote on these bills.  They included:

S.943, sponsored by Sen. Michael Enzi (R-Wyo.) authorizing the Interior Secretary to enter into contracts (limited to a term of 40 years) with the City of Cheyenne, Wyo., for the annual storage of water for municipal and industrial uses in the Seminoe Reservoir;

S.1027 and its companion bill H.R.2040, sponsored by Sen. Ben Nelson (D-Neb.) and Rep. Tom Osborne (R-Neb.), that would amend the Irrigation Project Contract Extension Act of 1998 to extend contracts between the Bureau of Reclamation and irrigation water contractors in Wyoming and Nebraska;

S.1058, sponsored by Sen. Wayne Allard (R-Colo.), providing a cost-sharing requirement for the construction of the Arkansas Valley Conduit, in Colorado;

S.1071, sponsored by Sen. Jeff Bingaman (D-N.M.), authorizing the Interior Secretary, through the Bureau of Reclamation, to conduct a feasibility study on a water conservation project within the Arch Hurley Conservancy District in New Mexico; 

S.1308, sponsored by Sen. Ron Wyden (D-Ore.), authorizing the Interior Secretary to complete a U.S. District Court consent decree to settle United States, et al, v. Grants Pass Irrigation District;

S.1355, sponsored by Sen. Gordon Smith (R-Ore.), which would authorize the Bureau of Reclamation to participate in the rehabilitation of the Wallowa Lake Dam in Oregon; 

S.1577, sponsored by Sen. Craig Thomas (R-Wyo.), to extend the deadline for commencement of construction of a hydroelectric project in Wyoming;

H.R.1284, sponsored by Grace Napolitano (D-Calif.), which would amend the Reclamation Projects Authorization and Adjustment Act of 1992 to increase the Federal share of costs of the San Gabriel Basin Demonstration Project; and

Senate Resolution 183, sponsored by Sen. Ben Nighthorse Campbell (R-Colo.) commemorating 50 years of adjudication under the McCarran Amendment of Rights of Water Use.

House Hears Bills for Studies on Western Water Supplies

The House Resources Water and Power Subcommittee heard testimony October 15th on three bills designed to involve the Interior Department with various water projects in the West.  H.R.2831 was offered to allow the Secretary of Interior to transfer the Newlands Project in Fallon, NV to the Truckee-Carson Irrigation District.  Both S.625 and H.R.3210 direct the Bureau of Reclamation to conduct studies in the Tualatin River Basin and Little Butte/Bear Creek Subbasins for meeting future water supply needs in those regions.  Questions regarding title exchanges, funding, and the Bureau’s Water 2025 initiative were raised by Representatives Napolitano, Pearce, and Baca.  

Army Corps and Missouri River Tribes Spar in Committee

On Oct. 16, the Senate Indian Affairs Committee conducted an oversight hearing, gathering testimony from the Army Corps of Engineers and from officials representing the 30 Indian Tribes living in the river basin (13 Tribes live directly on the Missouri River) specifically addressing the issue of water rights contained within a draft manual issued by the Corps, intended to outline their overall management of the Missouri River.  The Corps’ manual tries to balance the needs of the Tribes as well as for hydropower, agriculture, wildlife and recreation. 

George Dunlop, a Deputy Assistant Secretary of the U.S. Army, seemed to contradict his written testimony that Tribal water rights may only be quantified "through adjudication, a Congressionally ratified State compact, or by direct Congressional action,” when he said to the Committee that the Corps is not required to "define or regulate water rights, or other rights, the Tribes are entitled to by law or treaty." 

According to John Yellow Bird Steele, President of the Oglala Sioux Tribe, "There is no more immediate threat to the water rights and treaty rights of the Oglala Sioux Tribe than the Army Corps of Engineers.”

Town Hall Mulls EPA Efforts to Enforce Clean Water Act

The House Energy, Natural Resources and Regulatory Affairs Subcommittee held a field hearing at the Town Hall in Ipswich, Mass. to publicly ponder whether the EPA is devoting adequate resources to enforcing Clean Water Act provisions.  Testimony came from EPA Assistant Administrator for Enforcement and Compliance Assurance J.P. Suarez, from former EPA Director of Regulatory Enforcement Eric Schaffer, and from former EPA Assistant Administrator for Water J. Charles Fox.  The hearing was prompted by an Agency report issued in February by the Office of Enforcement and Compliance Assurance, that was originally requested by Rep. John Tierney (D-Mass.).  The report had concluded that funding for CWA enforcement activities and assessments against violators had declined, while at the same time 25 percent of major industrial, municipal and Federal facilities were in "significant noncompliance" with CWA laws.  Eric Schaeffer said the difficulties enforcing CWA can appear systemic.  "The lack of resources and the tremendous amount of work make it so a problem can be found anywhere in the program.”

ENERGY BILL

The Possibility of a Firm Date For a Tentative Vote Might Come Shortly…

A GOP-leadership strategy meeting was held on Oct. 15, with Senate Majority Leader Bill Frist (R-Tenn.) and House Speaker Dennis Hastert (R-Ill.) and the four Committee Chairmen who lead the comprehensive Energy Bill conference in an attempt to end the lengthy process of drafting language to pass the legislation.  Senate Energy and Natural Resources Committee Chairman Pete Domenici (R-N.M.) may soon set a “firm date” for a final energy conference vote, possibly on either Oct. 28 or 29.  But with or without such a date, progress has been exceedingly slow on resolving key energy issues such as an energy tax incentive package and a "participant funding" electricity transmission pricing policy.  

Senate Minority Leader Daschle (D-SD) warned that Republicans are nearing the point where Democratic support for the bill is lost because of the “reckless way with which they've negotiated the bill itself and for many of the provisions that may be included in the end.”  Some Democrats have promised a filibuster if language for drilling in the Arctic National Wildlife Refuge or liability protection for manufacturers of the MTBE fuel additive is kept in.

A part of the scheduling equation for the conference vote depends upon when the House of Representatives returns from its short work break, possibly on Oct. 29, and would be ready to pass a final Energy Bill.  However, the Senate, with a narrower partisan majority, would almost certainly take longer to pass than in the House.

THE COURTS

Urban Systems Win in Fight Over Rural Customers

The U.S. Court of Appeals for the 6th Circuit has awarded urban drinking water systems a significant victory in their efforts to increase their base of customers in areas usually considered the domain of rural water districts. Both rural and urban water officials say the decision will help determine which urban water systems are able to expand as they seek to boost their revenues to offset the cost of replacing aging infrastructure and to meet strict new drinking water standards.  The Court ruled in Le-Ax Water District v. City of Athens that a USDA loan program protecting rural water districts’ territory from annexation does not extend to property they have not yet been able to serve.  The ruling conflicts with a series of rulings in other Circuit Courts, possibly making the issue ripe for a Supreme Court review. 

U.S. Supreme Court Declines to Hear Key Aerial Spraying Water Case

On Oct. 6, the U.S. Supreme Court declined to hear an appeal of a ruling by the U.S. Court of Appeals for the 9th Circuit in League of Wilderness Defenders v. Forsgren.  The issue was brought by pesticide and forestry groups hoping to overturn a key appellate decision requiring Clean Water Act (CWA) permits for aerial applications of pesticides over waters.  An interim EPA guidance had stated the Agency generally does not believe that pesticides applied in accordance with the Federal Insecticide, Fungicide & Rodenticide Act require CWA permits, and industry groups have pressed EPA to formalize that position.

In related news, lawyers for California’s State Water Resources Control Board have reviewed the EPA’s Interim Statement and Guidance regarding pesticide application, and the Office of Chief Counsel has made a recommendation against following it.  Some environmental groups are claiming the Agencies position against requiring CWA permits for such pesticide applications is illegal, and may lead them to litigation.

EPA

Cyanide-Family Compound to be Regulated Under CWA

The Environmental Protection Agency announced on Oct. 6 that ferric ferrocyanide (FFC) should be regulated as a toxic pollutant under the Clean Water Act (CWA).  The Agency’s determination does not impose regulatory requirements, but does establish how the compound may be regulated in effluent limitation guidelines under CWA permits.  The compound is ubiquitous in the environment, both as a by-product of manufactured gas and a central ingredient in de-icing salt, and was labeled as a toxic pollutant in a preliminary determination issued during the last days of the Clinton Administration.  The EPA’s decision could be onerous to a variety of industrial manufacturers, requiring new environmental reporting regulations and clean-up efforts.  One argument offered against the decision is that FFC would be a useful compound in treating radiation poisoning from a possible “dirty bomb” exploded by terrorists.   

EPA Plan for Oregon Dams Points to Approach for Watershed Rule

A recent EPA proposed rule that would allow Federal agencies in Oregon to bypass State law and petition the EPA directly to revise water quality standards, may be a “trial balloon” to gauge stakeholder reaction before including similar language in the Agency’s Watershed Rule.  The proposal also sets temperature standards and dissolved oxygen criterion for protecting salmonid species in Oregon waters.  A new Watershed Rule would then overhaul EPA’s Total Maximum Daily Load (TMDL) program which has been bogged down in the process of interagency reviews.

The U.S. Army Corps of Engineers, along with dam operators, fear the Rule could classify dams as point source discharges and making them subject to ‘impaired waters’ temperature caps.  Environmentalists say the proposed language is problematic because it could allow dam operators to bypass State water quality standards, and lead to increased pollutant discharges.

EPA’s KISS Plan Seeks Better Picture of Drinking Water Efforts

The Environmental Protection Agency will begin to compile “indicators” of Safe Drinking Water Act (SDWA) program successes nationwide to better identify areas where regulators could devote more attention to State efforts that might be duplicated elsewhere.  State officials, however, are concerned the initiative could create costly new data collection demands on them even though EPA officials say they intend to base their effort on data that States have already submitted.

Both EPA and State officials discussed the Agency’s Key Indicators of State Success (KISS) program, which will gauge how EPA Regions are performing in such areas as source water protection and quality of reported violation data.  According to the KISS literature, “KISS is a program management tool that States and EPA can use to identify areas where more needs to be done to achieve the SDWA’s comprehensive ‘source-to-tap’ approach to public health protection.”
HOMELAND SECURITY

EPA Considers Voluntary Security Standards for Water Systems

At a Boston meeting in early October of the Association of State Drinking Water Administrators, the EPA announced it may develop voluntary security standards for drinking water and wastewater systems, and will convene a stakeholders’ meetings this Fall to explore the idea.  An Agency spokesperson said the voluntary standards would address both drinking water and wastewater systems, but would not address specific aspects of system management.  She added that developing voluntary standards will allow continued focus on security after the systems have prepared their assessments and developed response plans.  While nothing has been detailed yet, this could involve incentive-based measures, audits or awards.

Under a $1.6 million EPA grant to the American Society of Civil Engineers (ASCE), water and engineering groups have already begun developing voluntary physical security standards for drinking water, wastewater and stormwater systems,  which could serve as a model for future EPA voluntary standards. 

The Chemical Facilities Security Act of 2003

The (original) Chemical Security Act of 2003, S.994, that was introduced in May by Sen. James Inhofe (R-Okla.) and Sen. Zell Miller (D-Ga.) has been modified to include language requiring the nation's 15,000 “high-risk” chemical industry facilities adhere to a range of security precautions not now mandated by Federal law, including submitting vulnerability assessments to the Department of Homeland Security.  The new legislation, sponsored by Sen. Inhofe, is set for markup Oct. 23rd in the Senate Environment and Public Works Committee, where Democratic amendments are expected.  Sen. Jon Corzine (D-N.J.) said the bill falls short of his expectations and that he would look to amend it, if it came to the Senate floor, with language mandating that the chemical industry use inherently safer technologies, if at all feasible.
WETLANDS

First of Three Wetlands Mitigation Policies

The Environmental Protection Agency is preparing three guidance documents addressing wetlands mitigation, to be released by 2005, as a response to the National Academy of Sciences (NAS) report released back in 2001 that suggested the Administration take a closer look at how wetlands loss and mitigation affect an entire watershed.  The first of the three policies which comprise the Agencies’ response is close to being released by the Bush Administration, and contain an already controversial new set of criteria used to identify when mitigation projects qualify as “environmentally beneficial”. 

A draft of the Administration’s policy shows that it will encourage the Environmental Protection Agency and Army Corps of Engineers to offer greater flexibility to land developers, farmers, and water-use industries in their wetlands mitigation projects, specifically with ‘off-site’ or ‘out of kind’ mitigation.  Environmentalists have said following the draft guidance would result in a “haphazard approach to (wetlands) mitigation”.
APPROPRIATIONS

Omnibus Spending Bill Considered Necessary

To date, only three of the 13 annual spending bills required to keep the Federal Government in operation have passed both Houses of Congress and been signed into law by the Administration; they are: Defense, Homeland Security and Legislative Affairs.  During the week of Oct. 13th, Senate Majority Leader Bill Frist (R-Tenn.) publicly stated that an FY '04 omnibus spending bill is needed to complete the appropriations process.  

Currently, no spending has been Congressionally authorized for the current fiscal year for such agencies as EPA, NOAA and the Department of Agriculture, among others.  However, President Bush signed a month-long continuing resolution that funds all government agencies without completed FY '04 bills (at their FY '03 levels) to be valid through Oct. 31.   There has been some progress made on a few other appropriations bills, and conference reports are expected in the next few weeks on legislation to fund the Energy Department, Army Corps of Engineers and Interior Department.

CORPS OF ENGINEERS

Corps Drops Plans to Challenge Congressional Pork

In an Oct. 7 announcement, the Army Corps of Engineers updated their overall reorganization plan by dropping an effort to try to persuade Congress against funding line-item authorizations for individual construction projects – usually in the lawmaker’s own Congressional District – in favor of a plan giving the Corps a blanket appropriations to be used for what projects they determine are needed.  The Corps’ overall reorganization plan will centralize their decision-making activities in a Washington, DC-based office, and while it also aims to reducing the $23 billion backlog of uncompleted “pork” projects, it recently determined this particular effort in Congress wasn’t “in our prerogative to pursue”, according to their Chief of Engineers, Lt. Gen. Robert Flowers.  Generally, the reorganization plan has been criticized by environmental watch-dog groups, who say some of the efforts seem intended to reduce congressional leverage over Corps’ activities just as lawmakers are calling for better oversight.

Western States Newspaper Headlines

“Group Sues Over Pollution Threat.”  October 6, 2003.  The Los Angeles Times. www.latimes.com

 

“Black Hills Shuffles Energy Investments.”  October 6, 2003.  The Casper Star Tribune. www.casperstartribune.net

 

Coastal Project Ruling Delayed”  October 10, 2003.  The Los Angeles Times. www.latimes.com

 

“Water Supply, Conservation Called Growth Keys”  October 10, 2003.  The Arizona Republic. www.azcentral.com

 

“Millions Urged for Ormond Beach Wetlands  October 11, 2003.  The Los Angeles Times. www.latimes.com

 

“Agency Recommends Lower Walleye Limits on Three Missouri River Reservoirs  October 11, 2003.  Argus Leader.  www.argusleader.com

 

Public Comment Period Extended for Outlet”  October 10, 2003.  The Bismarck Tribune. www.bismarcktribune.com

 

Giant Water Accord Signed  October 11, 2003.  The Sacramento Bee. www.sacbee.com

 

Stream Poison Put Off  October 11, 2003.  The Sacramento Bee. www.sacbee.com

“Project Raises Concerns”  October 9, 2003.  The Sacramento Bee. www.sacbee.com

 

State Details Water Plans  October 8, 2003.  The Sacramento Bee. www.sacbee.com

 

Sewage Spill Contaminates Deer Creek  October 7, 2003.  The Sacramento Bee. www.sacbee.com

 

“South County Greenbelt Envisioned”  October 6, 2003.  The Sacramento Bee. www.sacbee.com

 

“Court Decision Throws Feedlot Pollution Permits into Question”  October 10, 2003.  Independent Record. www.helenair.com

 

Environment Group Grades Health of the Bay”  October 14, 2003.  The Los Angeles Times. www.latimes.com

 

 Sobering Land-Sea Connection Sinks In  October 14, 2003.  The Los Angeles Times. www.latimes.com

 

County to Pump Less Water From Coastal Basins  October 14, 2003.  The Los Angeles Times. www.latimes.com

 

Water Fees To Increase  October 15, 2003.  Argus Leader. www.argusleader.com

 

With No New Data, River Meeting Stalls  October 15, 2003.  Argus Leader. www.argusleader.com

 

River Management Project Not Certain Prelude To Permit System  October 15, 2003.  Independent Record. www.helenair.com

 

“Referendum Ignites Water Wars In Colorado”  October 19, 2003.  The Arizona Republic. www.azcentral.com 

 

Builders Swamp Wetlands”  October 19, 2003.  The Los Angeles Times. www.latimes.com

 

“Can L.A. Survive?”  October 19, 2003.  The Los Angeles Times. www.latimes.com

 

Corps Says September Runoff Into Missouri River Was Meager”  October 14, 2003.  The Bismarck Tribune. www.bismarcktribune.co

 

“Corps Recommends Devils Lake Outlet”  October 16, 2003.  The Bismarck Tribune. www.bismarcktribune.com

 

“Basin Looks To ‘Up’ Power”  October 17, 2003.  The Bismarck Tribune. www.bismarcktribune.com

 

“Water Expert Says It's Time To Rethink Water”  October 18, 2003.  Albuquerque Journal. www.abqjournal.com

 

“Mother Lodes Of Mercury”  October 19, 2003.  The Sacramento Bee. www.sacbee.com

“Rival Plan Would Trim Placer Project”  October 19, 2003.  The Sacramento Bee. www.sacbee.com

Leaders Dismayed By Levee Report  October 17, 2003.  The Sacramento Bee. www.sacbee.com

Water Now In Local Control  October 14, 2003.  The Sacramento Bee.  www.sacbee.com

Global Warming Means Changes In Vital Sierra Snow Pack, Study Says”  October 16, 2003.  The San Diego Union Tribune. www.signonsandiego.com

“Interior Secretary to Grant Final Approval to Historic California Water Pact”  October 16, 2003.  The San Diego Union Tribune. www.signonsandiego.com

News Found on the Web

Inhofe Calls for Quick Passage of Wastewater Security Bill

Washington, D.C. Oct.7, 2003 - Sen. James Inhofe (R-Okla.), chairman of the Committee on Environment and Public Works, urged the Senate to pass S.1039, the Water Treatment Works Security Act of 2003.  He expressed frustration that a bill that passed the EPW Committee with bipartisan support and the House of Representatives by an overwhelming margin of 413 to 2 is being obstructed on the Senate floor.  For more information go to: http://epw.senate.gov/Releases/release_10-07-03.htm

Governors and Tribal Leaders Invited to Nominate Projects for Watershed Grant

Washington D.C., October 6, 2003 - To further preserve and restore the country's waterways, the Bush Administration is calling on the nation's governors and Tribal leaders to apply for the second round of EPA's watershed grants.  This Watershed Initiative was first proposed by President Bush in his 2003 budget to protect waterways across the country.  For more information go to: http://yosemite.epa.gov/

Low Levels of Herbicide Found in Many Midwestern Streams, Antibiotics Not Common

October 7, 2003 - U.S. Geological Survey (USGS) researchers investigating 51 streams in nine Midwestern States found low levels of the herbicide glyphosate in 36 percent of the samples tested, and found its degradation product in 69 percent of the samples tested. Antibiotics were found in few samples.  For more information go to: http://www.usgs.gov/public/press/public_affairs/press_releases/pr1798m.html

Rancher and Fish & Wildlife Service Team-Up to Restore Stream Habitat

October 9, 2003 - Rancher Jim Crosswhite makes his living raising cattle, which requires attention to the land.  Improving habitat helps increase the water supply and water quality in his streams, thus increasing livestock production.  With this approach toward riparian areas, few would dispute the endangered species recovery value of the 2.5 miles of Nutrioso Creek that wind through his property called the EC Bar Ranch, located in the White Mountains of eastern Arizona.  For more information go to: http://news.fws.gov/newsreleases

Jeffords Seeks Answers On EPA Failure To Enforce Clean Water Act

Washington, October 15 – Environment and Public Works Committee Ranking Member James Jeffords (I – Vt.) and twelve other Senators today wrote to EPA Acting Administrator Marianne Horinko seeking answers to key questions surrounding the EPA’s failure to enforce the Clean Water Act.  For more information go to: http://epw.senate.gov/Releases/release_10-15b-03.htm

EPA Makes Final Decision On Dioxin In Sewage Sludge Used In Land Applications

October 17 - Today, EPA has made a final decision not to regulate dioxins in land-applied sewage sludge.  After five years of study, including outside peer review, the Agency has determined that dioxins from this source do not pose a significant risk to human health or the environment.  For more information go to: http://yosemite.epa.gov/

U.S. Fish and Wildlife Service Presents Two Regional National Wetlands Conservation Awards

October 17 - On Saturday, October 18, 2003, the U.S. Fish and Wildlife Service will honor two recipients of Regional National Wetlands Conservation Awards for 2002.  The winners are Chad Courville of the Ducks Unlimited Louisiana South Office in Lafayette and Entergy Corporation in New Orleans.  For more information go to: http://news.fws.gov

The Jordan River Floodplain Habitat Restoration Project

 

October 16 - U.S. Fish and Wildlife Service, Utah Reclamation Mitigation and Conservation Commission, Great Salt Lake Audubon, West Jordan City, and TreeUtah will begin habitat restoration activities along the Jordan River in West Jordan and South Jordan beginning October 18 and continue for approximately 10 days.  For more information go to: http://news.fws.gov/newsreleases/

Bills Introduced in the SenateOctober 6 - 17, 2003

Tuesday, Oct. 14

S.1721  CAMPBELL

A bill to amend the Indian Land Consolidation Act to improve provisions relating to probate of trust and restricted land, and for other purposes; to the Committee on Indian Affairs.

 

S.1727  DOMENICI

A bill to authorize additional appropriations for the Reclamation Safety of Dams Act of 1978; to the Committee on Energy and Natural Resources.

 

Wednesday, Oct. 15

 

S.1731  CORNYN

A bill to amend the Intermodal Surface Transportation Efficiency Act of 1991 to designate the La Entrada al Pacifico Corridor in the State of Texas as a high priority corridor on the National Highway System; to the Committee on Environment and Public Works.

 

S.1732  DOMENICI

A bill to direct the Secretary of the Interior to establish a rural water supply program in the Reclamation States to provide a clean, safe, affordable, and reliable water supply to rural residents; to the Committee on Energy and Natural Resources.  

 

October 17

 

S.1754  JEFFORDS

A bill to enhance national security by improving the reliability of the U.S. electricity transmission grid, to ensure efficient, reliable and affordable energy to American consumers and for other purposes; to the Committee on Energy and Natural Resources.

Bills Introduced in the House: October 6 - 17, 2003

Tuesday, Oct. 7

 

H.R.3257  RYAN [of Ohio]

A bill to authorize the Secretary of the Interior to conduct a study to determine the suitability and feasibility of establishing the Western Reserve Heritage Area; to the Committee on Resources.

 

H.R.3258  WILSON [of New Mexico]

A bill to authorize the Secretary of the Interior, in cooperation with the University of New Mexico, to construct and occupy a portion of the Hibben Center for Archeological Research at the University of New Mexico, and for other purposes; to the Committee on Resources.

 

H.R.3266  COX

A bill to authorize the Secretary of Homeland Security to make grants to first responders, and for other purposes; to the Committee on Homeland Security (Select), and in addition to the Committees on Transportation and Infrastructure, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the Committee concerned.

 

H.R.3283  REGULA

A bill to improve recreational facilities and visitor opportunities on Federal recreational lands by reinvesting receipts from fair and consistent recreational fees and passes, and for other purposes; to the Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the Committee concerned.

 

Wednesday, Oct. 8

H.R.3274  KINGSTON

A bill to enhance homeland security by encouraging the development of regional coordination plans for emergency and disaster preparedness, response, and recovery; to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the Committee concerned.

H.R.3284  REYES

A bill to improve the health of residents of, and the environment in, the United States-Mexico border area; to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, Agriculture, Financial Services, Transportation and Infrastructure, International Relations, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the Committee concerned.

 

Friday, Oct. 17

H.R.3334 CALVERT

A bill to authorize the Secretary of the Interior to participate in the design and construction of the Riverside-Corona Feeder in cooperation with the Western Municipal Water District of Riverside, California; to the Committee on Resources.

 

H.R.3335  GILLMOR

A bill to reduce the instances of releases from underground storage tanks by strengthening tank inspections, operator training, program enforcement, oxygenated fuel cleanup, and providing States greater Federal resources from the Leaking Underground Storage Tank Trust Fund; to the Committee on Energy and Commerce.

Federal Register Notices October 6 - 17, 2003

EPA.  Final Administrative Determination Document on the Question of Whether Ferric Ferrocyanide Is One of the “Cyanides'” Within the Meaning of the List of Toxic Pollutants Under the Clean Water Act.  Notice of document availability.  This final administrative determination is available on October 6, 2003.  FR  10/06/03  p.57690

EPA.  Announcement of Availability of the Results-Based Approaches and Tailored Oversight Guidance for Facilities Subject to Corrective Action Under Subtitle C of the Resource Conservation and Recovery Act.  Notice.  This guidance was issued September 26, 2003.  FR  10/06/03  p.57691

HOMELAND SECURITY.  FEMA.  Emergency Preparedness and Response Directorate.  Changes in Flood Elevation Determinations.  Interim rule.  FR  10/06/03  p.57625

INTERIOR.  FWS.  Notice of Permit Application and Safe Harbor Agreement Between the Fish and Wildlife Service and the Malpai Borderlands Group.  Notice of availability and 30-day public comment period.  Written comments on the application should be received by November 5, 2003.  FR  10/06/03  p.57702

INTERIOR.  FWS.  Availability of Final EIS for an Incidental Take Permit for the Western Riverside County Multiple Species Habitat Conservation Plan, California.  Notice of availability and receipt of application.  Comments on the Final EIS/EIR must be received by the close of the comment period as indicated in the EPA notice.  FR  10/07/03  p.57924

EPA.  National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water Treatment Rule; Extension of Comment Period.  Comments must be received on or before January 9, 2004.  FR  10/08/03  p.58057

EPA.  National Primary Drinking Water Regulations: Stage 2 Disinfectants and Disinfection Byproducts Rule; National Primary and Secondary Drinking Water Regulations: Approval of Analytical Methods for Chemical Contaminants.  Extension of comment period.  Comments must be received on or before January 16, 2004.  FR  10/08/03  p.58057

INTERIOR.  FWS.  Aquatic Nuisance Species Task Force Gulf of Mexico Regional Panel Meeting.  Notice of meeting.  The Gulf of Mexico Regional Panel will meet on October 20 and 21, 2003.  The Education and Outreach Work Group and Research and Development work Group of the Gulf of Mexico Regional Panel will meet on October 22, 2003.  FR  10/08/03  p.58127

EPA.  Watershed Initiative: Call for Nominations.  Notice.  The deadline for EPA receipt of nominations, both in hard copy and in electronic form, is January 15, 2004.  FR  10/09/03  p.59333

INTERIOR.  FWS.  Aquatic Nuisance Species Task Force Meeting.  Notice of meeting.  The Aquatic Nuisance Species Task Force will meet on November 4 and 5, 2003.  FR  10/09/03  p.58356

DOD.  Corps of Engineers.  Intent to Prepare a Draft EIS for Big Bear Lake "Aquatic Ecosystem Restoration'', a Feasibility Study, Near Big Bear City, San Bernardino County, CA.  Notice of intent.  A scoping meeting will be held October 14, 2003 in Big Bear Lake, CA.  The scoping period will conclude November 24, 2003.  Comments due by November 24, 2003.  FR  10/10/03  p.58666

EPA.  Water Quality Standards for Oregon.  Proposed rule.  EPA will accept public comments on this proposed rule until November 10, 2003.  EPA is sponsoring three public hearings on today's proposed water quality standards for Oregon on October 22, 23 and 24, 2003.  FR  10/10/03  p.58757

INTERIOR.  Bureau of Reclamation.  Colorado River Basin Salinity Control Advisory Council.  Notice of public meeting.  Dates and Location: The Council will conduct its annual meeting on October 28, 2003 in Santa Fe, New Mexico. FR  10/10/03  p.58705

EPA.  National Dialogue on EPA's Draft Report on the Environment, 2003.  Notice of public meeting.  The dates for the dialogue sessions are:  November 6, 13, 18, 20, 2003, and  December 12, 2003, FR  10/15/03  p.59401

COMMERCE.  NOAA.  EPA.  Minnesota and Texas Coastal Nonpoint Pollution Control Programs: Conditional Approvals, Final Findings Documents and Records of Decision.  Notice of conditional approval of Coastal Nonpoint Programs and availability of Final Findings Documents and Records of Decision for Minnesota and Texas.  FR  10/16/03  p.59588

COMMERCE.  NOAA.  NMFS.  Endangered and Threatened Species; Take of Anadromous Fish.  Issuance of enhancement of survival permit (1425).  The following ESA-listed species and evolutionary significant units (ESUs) are covered in this notice:  Threatened Lower Columbia River (LCR) Chinook salmon; Threatened Columbia River (CR) Chum salmon; Threatened LCR Steelhead.  Permit 1425 expires on August 10, 2008. Dated: October 9, 2003.  FR  10/16/03  p.59591.

INTERNATIONAL BOUNDARY & WATER COMMISSION, UNITED STATES and MEXICO.  Notice of Availability of a Draft EIS and Draft Finding of No Significant Impact for Sediment Removal Downstream of Retamal Diversion Dam, in the Lower Rio Grande Flood Control Project, located in Hidalgo County, TX.  Written comments on the Draft EA and Draft FONSI will be accepted through November 17, 2003. FR  10/17/03  p.59818

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