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Water Technology Agency Proposed

A $200M program to improve water quality and help address the Western water shortage is taking shape in both the House and Senate, supported by bipartisan legislators.  Sen. Domenici (R-NM), the Chairman of the Senate Energy and Natural Resources Committee, along with Sen. Feinstein (D-CA) and Ranking Member Bingaman (D-NM) introduced S.2658 on July 14^th, the Water Technology and Development Act in order to establish a water technology research and development program at the (Energy Department’s) Sandia National Laboratory in New Mexico.  Sen. Domenici said the legislation is meant for passage sometime next year, and would develop "leadership in the scientific and technology communities to solve the problem" of scarce water resources in arid Western states.  One of the focus areas of scientific research will be on desalination technology and the means to better realize its contribution in solving water shortages.

On the House side, the Bill is called “The Quality Water Supply Enhancement Act”, H.R.4835.  It is supported by House Resources Committee Chairman Pombo (R-CA) and House Water and Power Subcommittee Chairman Ken Calvert (R-CA), and Representatives Wilson and Pearce.

House Subcommittee Approves 5 Water Quality Bills

On July 15^th, the House Transportation and Infrastructure Subcommittee on Water Resources and Environment unanimously approved H.R. 784, the Water Quality Investment Act of 2003, authorizing $1.5 Billion in grants over six years to help with infrastructure upgrades to avoid sewer overflows.  One of the co-sponsors of the Bill is Rep. Camp (R-MI) who said at a July 8^th Hearing on the Bill,  "In the span of a mere 16 years, well over 40 percent of our clean water infrastructure will be degraded and in serious need of repair."  Four other Bills were approved, including:

• H.R. 4470, the Lake Pontchartrain Basin Restoration Program, authorizing $20 million per year though FY’10;

• H.R. 4688, reauthorizing the Chesapeake Bay Program at $40 million annually through FY’10; 

• H.R. 4731, reauthorizing the National Estuary Program at $35 million per year through FY’10; and 

• H.R. 4794, authorizing $230 million to start implementing a treaty with Mexico that includes building a secondary wastewater treatment facility in Tijuana.

Water Reclamation Bills on the Floor

The full House will consider several water resources Bills on July 19th, including H.R. 4170 from the Chairman of the Resources Committee, Rep. Pombo (R-CA), that would facilitate volunteer efforts at the Interior Department, Bureau of Indian Affairs, Bureau of Reclamation, U.S. Geological Survey, and other Federal agencies; H.R. 1156, by Loretta Sanchez (D-CA) to amend the Reclamation Wastewater and Groundwater Study and Facilities Act by increasing the Federal share of the costs of phase I of the Orange County, Calif. Regional Water Reclamation Project; and water Bills H.R. 2991 by Rep. Dreier (R-CA) and H.R. 142 by Gary Miller (R-CA)  that would authorize up to $70 million by the Dept. of Interior to fund several groundwater reclamation and recycling projects in California's Inland Empire Water District.

Arsenic Rule Exemptions Sought for Small Systems

On June 25^th, Rep. Otter (R-ID) introduced H. R. 4717, a Bill “to allow small public water systems to request an exemption from the requirements of any national primary drinking water regulation for a naturally occurring contaminants,” such as radon and uranium.  Small drinking water systems, those serving fewer than 10,000 residents, are struggling to find ways to comply with, or receive temporary exemptions from, the new arsenic standard of 10 ppb taking effect in January 2006.  Although the EPA grants temporary extensions, the process is bureaucratic and few states have developed guides for small systems to follow.  House Democrats do not seem to favor the Bill and getting the Senate to accept similar legislation would be difficult.  Democratic Senators have said they prefer to increase funding for compliance rather than grant exemptions.

MTBE Liability Issue Still Divisive

Senate Appropriations Committee Chairman Stevens (R-AK) is trying to reinvigorate the stalled Energy Bill (H.R.6) on Capitol Hill with a compromise proposal on the controversial MTBE liability exemption language that brought its progress to a halt.  If it finally passes, the Bill also contains a provision to construct a natural gas pipeline on the North Slope.  His new proposal would establish a mechanism to pay environmental liability claims out of the Leaking Underground Storage Tank (LUST) trust fund, which has funded various other pollution cleanup costs over almost 20 years.  Generally, the House leadership wants the liability protection for the manufacturers but the Senate will not include the language in their version of the Energy Bill.

Bill Would Redefine Wetlands Jurisdiction

Legislation has been introduced in the House by Rep. Baker (R-LA) who sits on the House Transportation and Infrastructure Subcommittee on Water Resources and Environment, that will clarify the definitions of wetlands protected under the Clean Water Act, saying Federal authority should extend to all navigable waters that are connected hydrologically to navigable waters through "a continuous, naturally occurring surface connection.”  

The (unnumbered) Federal Wetlands Jurisdiction Act of 2004 introduced on July 15^th explicitly excludes from Federal jurisdiction wetlands that are “isolated” or connected only by “ephemeral waters”, ditches or pipelines.  The language in Rep. Baker’s Bill is designed to end the confusion created by a 2001 Supreme Court decision, Solid Waste Agency of Northern Cook County v. Corps of Engineers, known as SWANCC.  Rep. Young (R-AK) is Chairman of the full Committee and supports the Bill, however other House Republicans are not likely to support it if it would seem to rollback Federal protections over wetlands in an election year.

VA-HUD Appropriations Markup in House

On July 20^th, the House VA-HUD Appropriations Subcommittee will begin markup of the FY’05 Spending Bill which includes EPA’s funding, although debate on the floor of the House won’t occur until after the summer recess.  Total spending is set at $92.93B, a $2.1B increase over last year.  The Senate Appropriations Committee hasn’t yet scheduled any activity for their VA-HUD Bill.  The Administration Request proposed a $610M reduction at EPA for next year, setting the Agency’s spending at $7.76B, with cuts to water infrastructure earmarks and the Clean Water Revolving Loan Fund to states.  The EPA’s science and technology departments face specific cuts under the Administration plan, with $93M less than the ‘04 level of $782M.

ESA Reform Bills to be Debated

The full House Resources Committee is scheduled to meet on July 21^st to markup two Endangered Species Act (ESA) reform Bills:  H.R. 2933 introduced by Rep. Cardoza (D-CA), a critical habitat designation reform measure; and H.R. 1662, a "sound science" Bill from Rep. Greg Walden (R-OR) that would give greater weight to scientific or commercial data that has been field-tested or peer reviewed.  The Committee Chairman, Rep. Pombo (R-CA) said he is committed to reforming the ESA this year.  Even if the Bills make it past the Committee, there are only a few days left before the summer recess and limited time in the fall before the general election during which they might come to a vote on the House floor.

Members of the House Resources Subcommittee on Water and Power met as a body during a field trip to Klamath Falls, Oregon over the weekend to discuss the need for ESA reform, and how the Act contributed to the Klamath water shut-off in 2001.  The meeting was organized by Rep. Walden  and was attended, among others, by Subcommittee Chairman Calvert (R-CA).

Snake River Water Settlement Bill

On July 20^th, the Senate Indian Affairs Committee will consider S.2605, a Bill to direct the Secretary of the Interior and the heads of other Federal agencies to “carry out an agreement resolving major issues relating to the adjudication of water rights” in the Snake River Basin, Idaho, introduced by Senators Craig (R-ID) and Crapo (R-ID).  The Snake River, the largest of the Columbia River’s tributaries, has been the sources of water rights contests in 38 of the state’s 44 counties.  This agreement comes more than ten years after the Nez Perce Tribe asserted that, under existing treaties to protect their fishing rights, it had the primary claim to the river’s water rights.  Among several other compromises, this Bill requires the Federal government to establish a multi-million dollar trust fund that allows the Tribe to purchase additional land and water rights. 

Wilderness Bills to House Subcommittee

The House Resources Subcommittee on Parks and Public Lands will address two wilderness Bills on July 20^th.  H.R. 3176, by Rep. Udall (D-NM) to designate the 11,000-acre Ojito Wilderness Area in Sandoval County, N.M. to “protect dramatic landforms, rock structures, multicolored badlands and rare plants from development.”  Also, H.R. 4593 by Rep. Gibbons (R-NV) to establish some 800,000 acres of wilderness in Nevada's Lincoln County.

EPA Discretionary Grants Program Receives Third Hearing

On July 20^th, the House Transportation and Infrastructure Subcommittee on Water Resources and the Environment will again hear testimony on the EPA’s $4B grant process, focusing on “measurable results” of environmental awards.  Officials from the EPA and that Agency’s Inspector General’s Office, and the GAO, will be testifying.  While the EPA has generally spent about half of its budget on grants to states and municipalities, the vast majority of those grants are allocated to non-discretionary programs such as capitalization grants for drinking water and waste water state revolving loan funds and for Congressional earmarks.  The oversight of the discretionary grants (about 16% of the total) have been “problematic” according to more than one GAO report.

Are Stormwater Fees a Service Charge, or a Tax?

On June 30^th a motion was filed in the U.S. District Court for the Southern District of Ohio, City of Cincinnati v. United States, in which the City is suing a Federal agency, the National Institute for Occupational Safety and Health, for refusing to pay about $100,000 in utility charges.  Specifically, declining the municipal stormwater utility fees which most Federal facilities pay.   The Institute claims the City has imposed a tax on it; that it is not a “service charge”, and the U.S. Constitution prevents state and local governments from levying taxes on the Federal government.  The motion was filed in court by several municipal groups: the Association of Metropolitan Sewerage Agencies, the American Public Works Association, the National League of Cities, and the National Association of Flood and Stormwater Management Agencies.

Delay of Effluent Guidelines Provokes Suit

Since 1987, the EPA has published eight reviews of Clean Water Act effluent guideline regulations every two years as mandated, although all have been almost a year behind schedule.  Their effluent guidelines for the 2004-2005 period are also overdue, and on June 25^th an environmental group filed a motion in the U.S. District Court for the Northern District of California to compel the Agency to publish these, as well as all future plans, on time.  The groups are the Ecological Rights Foundation and the Our Children’s Earth Foundation.  The EPA had first listed a notice of preliminary effluent guidelines for the 2004-5 period in the Federal Register on December 31, 2003, and then extended the comment period.  The EPA has not said when the guidelines (that are supposedly in force now) will actually be ready for publication.

Trinity River Project May Proceed

As far as the Trinity River Basin water reclamation project is concerned, the U.S. Court of Appeals for the Ninth Circuit ruled on July 13 that no further environmental impact studies are required, and that implementation off the project may begin (Westlands Water District v. Interior Department).  The suit was brought by the Westlands Water District which supplies agricultural water in the Central Valley.  The basis of the appeal to the Ninth Circuit by Westlands Water was the absence of consideration of the water temperature in the original EIS, nor was there any evaluation of the impact of the comprehensive plan with respect to the state’s energy crisis.

EPA Defends Nationwide Toxins Study

In June, the EPA released data collected over the last two years in a national study on persistent bioaccumulative toxins (PBTs) in fish tissue, but state critics of the study say it will not help them provide accurate lists of impaired waters that are required bi-annually under the Clean Water Act, because of the very small number of samples taken from lakes.  PBT’s are chemicals and compounds such as mercury, polychlorinated biphenyls, and dioxins.  In Ohio, EPA took samples from only three lakes, and in Oregon, Washington, and Idaho the Agency collected only ten samples from each state.

An EPA official said the study, which is trying to develop a national picture of PBT distribution, was limited due to only $1.5M in funding per year, and had sampled about 500 lakes nationwide.  He said “the study isn’t designed to help states with routine monitoring, but to make sure they’re monitoring for pollutants that are a [significant health hazard] on a national level.” 

New Coastal Water Quality Tests for Bacteria

EPA Administrator Mike Leavitt signed a proposed rule on July 1 to change the test that states use to determine whether coastal recreational waters are safe, to two new ones:  for E.coli and for enterococci.  Ten states have already agreed to the new standard but some 25 others have not, including California, Oregon and Washington.

Critics cite the high cost involved in switching to new tests, that it is unnecessary for the protection of human health to improve the performance of the current test, and that there are examples where the new tests may reveal high levels which actually pose no health risk, such as in tidal streams where there would be little recreational exposure.

EPA Declines to Set TSS Standards at Fisheries

On June 30^th, EPA Acting Deputy Administrator Johnson signed new effluent limitation guidelines for ‘aquatic animal’ production facilities that produce at least 100,000 pounds of product per year.  EPA had considered several regulatory options, one of which would have covered the escape of non-native species in the recommended Best Management Practices, but was dropped.  Another would have been to set numeric limits on Total Suspended Solids (TSS), part of the waste produced by flow-through type fisheries, but does not.  The Center for Food Safety (CFS) took exception to the lack of regulation, a spokesman saying the EPA was “bowing to business” and that it had “failed to protect the public interest” in its CWA oversight responsibilities of this industry.

Wetlands Gain a Renewed Goal by White House

The White House Council on Environmental Quality (CEQ) has formed a task force to develop methods to help the President achieve the stated goal of “a net gain of wetlands over the next five years”, announced on Earth Day, April 22.  Each year there is a loss of approximately 100,000 acres of wetlands, mostly from Louisiana and Florida.  But some environmentalists are already critical of the new task force’s methods, calling them mathematical games designed to recount the way wetlands losses are totaled each year.  One said it would be better to make a scientific effort, rather than a political one, and should involve developing better survey tools.  Each year, the National Wetlands Inventory is produced by the USDA, and the Fish and Wildlife Service generates frequent reports on wetlands status and trends.

Despite some environmentalist’s wish that the Corps assert control over wetlands through an expansive definition of ‘connected to a navigable waterway’, the Administration produced an inter-agency document last year entitled An Introduction and User’s Guide to Wetlands Restoration, Creation, and Enhancement, which in part directs the Army Corps of Engineers to coordinate with EPA before asserting any jurisdictional claim to wetlands.  

World’s Oceans Absorb Greenhouse Gas

According to research published on July 16^th by the United Nations Educational, Scientific, and Cultural Organization (UNESCO), free carbon dioxide is being absorbed by the world’s oceans, turning them slightly more acidic, with the potential to affect marine life, marine food chains and alter “oceanic biogeochemistry”.  According to one contributing researcher from NOAA, since the time that carbon-dioxide generating activities by humans began in the 19^th Century, all the oceans have absorbed about 120 Billion metric tons of the gas.  

Participants at the UN symposium agreed that research into the this aspect of global climate change was at the earliest stages, and that acidification of the surface waters of the oceans, which lowers oxygen levels and may affect plankton reproduction, was not well understood and deserved further investment.  Others at the conference suggested that the oceanic absorption of carbon dioxide gas should be considered "a beneficial process" in lowering atmospheric levels, and may actually result in a mitigating effect on global warming.  The UNESCO report is available at:    http://ioc.unesco.org/iocweb/co2panel/HighOceanCO2.htm

News Found on the Web ............................................................................................................................................

USDA Awards $12 Million in Environmental Quality Incentives Program Funds to 14 States National Resource Conservation Service   July 16, 2004

“Agriculture Secretary Ann M. Veneman today announced that $12 million in Environmental Quality Incentives Program (EQIP) funds would be provided to 14 states for their high levels of performance in implementing the program.  ‘These funds will help farmers and ranchers improve soil, air and water resources on private working lands,’ said Secretary Veneman.”  For more information go to:  http://www.usda.gov/Newsroom/0293.04.html

Agency Fears Lewis and Clark Boaters Could Unknowingly Contribute to Problem U.S. Fish and Wildlife Service   July 16, 2004

“This year the nation celebrates the Lewis and Clark Bicentennial, with many people - especially boaters - heading west to recreate parts of the explorers' historic journey.  But as boaters visit the West for this special celebration, they should be extra vigilant about cleaning their boats and trailers, where harmful zebra mussels and other invasive aquatic species can attach and live for  days out of water.”  For more information go to:  http://news.fws.gov/NewsReleases/R1/C8A43B31-65B8-D693-785A4A00E3DC7643.html

Bills Introduced in the Senate: July 12-16, 2004

S. 2647  HOLLINGS

A Bill to establish a national ocean policy, to set forth the missions of the National Oceanic and Atmospheric Administration, to ensure effective interagency coordination, and for other purposes; to the Committee on Commerce, Science, and Transportation.  

S. 2648  HOLLINGS 

A Bill to strengthen programs relating to ocean science and training by providing improved advice and coordination of efforts, greater interagency cooperation, and the strengthening and expansion of related programs administered by the National Oceanic and Atmospheric Administration; to the Committee on Commerce, Science, and Transportation.

S. 2655  SMITH

A Bill to amend the Internal Revenue Code of 1986 to provide a credit for the production of water and energy efficient appliances; to the Committee on Finance.

S. 2658  DOMENICI

A Bill to establish a Department of Energy National Laboratories water technology research and development program, and for other purposes; to the Committee on Environment and Public Works.

Bills Introduced in the House: July 12-16, 2004

H.R. 4819  JOHN

A Bill to provide funding for the operations and maintenance by the Corps of Engineers of essential waterways; to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, 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. 4835  POMBO 

A Bill to establish a water supply enhancement demonstration program, including the demonstration of desalination, and for other purposes; to the Committee on Resources.

H.R. 4838  WALDEN

A Bill to establish a Healthy Forest Youth Conservation Corps to provide a means by which young adults can carry out rehabilitation and enhancement projects to prevent fire and suppress fires, rehabilitate public land affected or altered by fires, and provide disaster relief, 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.

H.R. 4843  BAKER

A Bill to amend the Federal Water Pollution Control Act to clarify the jurisdiction of the United States over waters of the United States, and for other purposes; to the Committee on Transportation and Infrastructure.

Western States Newspaper Headlines

“Sheep Creek water customers brace for emergency conservation ...”  Desert Dispatch, CA  July 18, 2004  http://www.desertdispatch.com/cgi-bin/newspro/viewnews.cgi?newsid1090161317,93455,

“Russian River flow cuts aired”  Santa Rosa Press Democrat, CA  Jul 13, 2004  http://www.pressdemocrat.com/local/news/13flow_b1b01_b1_empcity_chaseb.html

“Water district buys forest land to expand”  Bend Bulletin, OR July 18, 2004  http://www.bendbulletin.com/news/story.cfm?story_no=13958

“House panel reviews species act”  The Register-Guard, Oregon   July 18, 2004  http://www.registerguard.com/news/2004/07/18/c3.cr.or.klamathesa.0719.html

“Crater Lake: National jewel in need”  The Register-Guard, Oregon July 18, 2004  http://www.registerguard.com/news/2004/07/18/a1.craterlake.0718.html

“Growth brings well worries”  North County Times, CA  Jul 17, 2004  http://www.nctimes.com/articles/2004/07/18/news/californian/22_44_117_17_04.txt

“LACSD nears state water importation”  Mountain News, CA  Jul 15, 2004  http://www.mountain-news.com/articles/2004/07/15/news/news2.txt

“Active water management is key during drought”  El Defensor Chieftain, NM  Jul 16, 2004  http://www.dchieftain.com/opinion/42677-07-17-04.html

“Bill would fund water cleanup”  Oakland Tribune, CA  Jul 18, 2004  http://www.oaklandtribune.com/Stories/0,1413,82~1865~2279939,00.html

“Valley dry spell in its sixth year”  Fresno Bee, CA  Jul 18, 2004  http://www.fresnobee.com/local/story/8865544p-9754297c.html

“Anglers concerned about zinc levels”  Summit Daily News, CO July 18, 2004  http://www.summitdaily.com/apps/pbcs.dll/article?AID=/20040718/NEWS/107180007

“Sierra Club deal costing Lathrop, Manteca $26M”  Manteca Bulletin, CA  Jul 17, 2004  http://www.mantecabulletin.com/articles/2004/07/19/news/news04.txt

“Round Mountain nixes county's use of waste water”  Wet Mountain Tribune, CO  Jul 15, 2004  http://www.wetmountaintribune.com/home.asp?i=197&p=4

“EPA orders cleanup of waste-water plant”  San Mateo County Times, CA  Jul 16, 2004  http://www.sanmateocountytimes.com/Stories/0,1413,87~11268~2276095,00.html

Federal Register Notices:  July 5-9, 2004

COMMERCE.  NOAA.  National Ocean Service.  Hydrographic Services Review Panel; Meeting.  Notice of open meeting.  The Hydrographic Services Review Panel (HSRP) was established by the Secretary of Commerce and is the only Federal Advisory Committee with the responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on matters related to the Hydrographic Services Improvement Act of 1998.  The meeting will be held July 29, 2004, in New York City.  FR  7/13/04  p.42042

COMMERCE.  NOAA.  U.S. Climate Change Science Program Synthesis and Assessment Product Prospectus.  Notice and request for public comment.  NOAA announces the availability of the Prospectus for the U.S. Climate Change Science Program (CCSP) Synthesis and Assessment Product addressing the CCSP Topic: “Temperature trends in the lower atmosphere-steps for understanding and reconciling differences” for public comment.  Comments must be received by August 12, 2004.  FR  7/13/04  p.42043

AGRICULTURE.  Natural Resources Conservation Service.  Thirtymile Creek Watershed, MT.  Notice of deauthorization of Federal funding.  The Natural Resources Conservation Service gives notice of the deauthorization of Federal funding for the Thirtymile Creek Watershed Project, Blaine County, Montana effective July 1, 2004.  FR  7/13/04  p.42038

EPA.  Notice of Review of Water Quality Indicators and/or Rapid Measurement Technology.  National Health and Environmental Effects Research Laboratory.  Notice.  Current EPA guidelines recommend the use of cultural methods for E. coli and enterococci to measure recreational water quality.  These methods produce results in 24 hours creating a delayed response for recreational water managers.  This shortcoming has led EPA to consider new technology and indicators that will provide rapid measurement of water quality (preferably 2 hours or less).  This will give vendors the opportunity to showcase technology and determine needs for current industry.  Review of information packages will begin on July 30, 2004.  All interested parties should submit packages by March 31, 2005.  FR  7/14/04  p.42160

DOE.  Federal Energy Regulatory Commission.  Panel Member List for Hydropower Licensing Study Dispute Resolution; Notice Requesting Applications for Panel Member List for Hydropower Licensing Study Dispute Resolution.  FERC requests applications for resource experts willing to serve as a third panel member in the study dispute resolution process of the Commission's hydropower integrated licensing process (ILP)… the application period ends September 30, 2004.  In the event that informal resolution of study disagreements is not successful, a formal study dispute resolution process is available through the ILP for State and Federal agencies or Indian tribes with mandatory conditioning authority.  FR  7/14/04  p.42149

COMMERCE.  NOAA.  Omnibus Notice Announcing the Availability of Grant Funds for Fiscal Year 2005; Addendum Additional Programs.  NOAA adds five programs to the “Omnibus Notice Announcing the Availability of Grant Funds for Fiscal Year 2005” making funds available for financial assistance awards.  This omnibus notice describes funding opportunities for the following NOAA discretionary grant programs:  1 & 2) Marine Fisheries Initiative, Research and Development Projects in the Gulf of Mexico and off the U.S. South Atlantic Coastal States; 3) Cooperative Research Program, Research and Development Projects in the Gulf of Mexico and off the U.S. South Atlantic Coastal States; 4) Ballast Water Technology Demonstration Program; 5) National Strategic Investment in Aquatic Invasive Species Research and Outreach.  FR  7/14/04  p.42132

INTERIOR.  Bureau of Land Management.  Notice of Public Meeting, Western Montana Resource Advisory Council Meeting.  A meeting will be held October 21, 2004 in Butte, Montana on a variety of planning and management issues associated with public land management in western Montana.  FR  7/15/04  p.42449

EPA.  Pesticide Environmental Stewardship Program (PESP) Regional Grants; Notice of Funds Availability.  EPA's Office of Pesticide Programs is soliciting proposals for the Pesticide Environmental Stewardship Program.  Under this program, cooperative agreement awards will provide financial assistance to eligible applicants to carry out projects that reduce the risks associated with pesticide use in agricultural and non-agricultural settings.  The total amount of funding available for award in fiscal year 2004 is expected to be approximately $500,000 with a maximum funding level of $40,000 per project.  Applications must be received by your EPA Regional Office on or before August 30, 2004.  FR  7/16/04  p.42723

COMMERCE.  NOAA.  Office of Ocean and Coastal Resource Management, National Ocean.  Service Evaluation of Coastal Zone Management Programs and National Estuarine Research Reserves.  Notice of intent to evaluate the performance of the Hawaii Coastal Management Program; the Narragansett Bay National Estuarine Research Reserve, Rhode Island; the Minnesota Coastal Management Program; the Hudson River National Estuarine Research Reserve, New York; and the Washington Coastal Management Program and Padilla Bay National Estuarine Research Reserve, Washington.  FR  7/16/04  p.42689