Will & Carlson's Weekly Newsletter
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Eye
on Washington: Volume VI, Issue 39 Will & Carlson's Weekly Newsletter Volume VI, Issue 39 Dec. 28, 2004 |
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THE YEAR END WRAP-UP ISSUE |
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Dear Reader: The 108th Congress and the Bush Administration ended up not creating great notoriety in the areas that Eye on Washington covers. Having all of the appropriation bills rolled into an omnibus bill resulted in a “less with less” atmosphere for the programs of interest, as well as an almost three-month delay of funding for this fiscal year. The election results are not likely to improve the picture given the continued playing field of budget deficits. Important Congressional action did take place in the water resources area for California (‘The Water Supply, Reliability, and Environmental Improvement Act’) know as the CAL-FED re-authorization bill; and for Arizona and New Mexico (‘The Gila River-Arizona Water Rights Settlement Act’). In addition, Congress passed a re-authorization for the Bureau of Reclamation’s Safety of Dams program, and several other minor bills for projects in other Reclamation programs. But much was left on the table. The 109th Congress will shortly begin their work on both a new and the leftover agenda from the 108th. They will begin as soon as they settle on new Chairmen and membership for the individual Committees and Subcommittees. The Senate will get an early start on confirmation hearings for new Bush Administration appointments, and the House will sink its teeth into hearings on the Bush Administration FY’06 Budget, when it is released in early February. And from there... it is wide open. The 108th Congress ended up not passing a Water Resources Development Act for the Corps of Engineers. Water Infrastructure legislation for EPA also died. The same for a Rural Water program for the Bureau of Reclamation as well as Drought legislation. Throw in a few Indian Water Rights Settlements and Global Warming initiatives and you have the making of a pretty good agenda for the 109th Congress. All of this will be done against the higher priority backdrop of a Highway Authorization Bill, Energy Legislation, Endangered Species Reform, Clear Skies Legislation and, of course, the Continued Budget Strife. And we already have people thinking about the re-authorization of the Farm legislation which expires in 2007. We at Will & Carlson look forward to the New Year, the New Congress and the old but new Bush Administration. Though there may be a sea of new faces in Washington, the joy is in educating to bring about change at, and in, old and new places. See you in the New Year, after Congress returns on Tuesday, January 4th. Look for the first Eye on Washington of 2005 on January 7th. Sincerely, -Peter Carlson, President |
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Senate Environment Committee On December 20th, the Chairman of the Senate Environment and Public Works Committee, James Inhofe (R-OK), announced the departure of four Republican Committee Members and their replacement with four incoming Senators-elect. Senator Mike Crapo (R-ID) is one of the departing Members, which leaves open the Chairmanship for the Fisheries, Wildlife and Water Subcommittee. Also departing are: John Cornyn (R-TX), Craig Thomas (R-WY), and Wayne Allard (R-CO). Their Majority Member replacements are: David Vitter (R-LA), John Thune (R-SD), Jim DeMint (R-SC), and Johnny Isakson (R-GA). Sen. James Jeffords (I-VT) will stay on as the Minority Ranking Member, and while three Democratic Minority Members are leaving only two have been named as replacements. Therefore the Committee split along party lines was 10-8 in the 108th Congress, and will be 10-7 in the 109th. |
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Corps Completes Initiative to Name a Lead District for the Regulatory Program in Each State Washington, DC (November 24, 2004) – “The U.S. Army Corps of Engineers announced today the completion of an initiative to designate a Lead District for Regulatory Program administration in each of the 18 states that have multiple USACE districts with regulatory responsibilities. ‘Lead District designation will strengthen Corps-state partnerships, enhance Regulatory Program efficiency and resolve program inconsistencies within states,’ said the Assistant Secretary for Civil Works.” For more information, go to: http://www.hq.usace.army.mil/cepa/releases/leaddistrict.htm Great Lakes Declaration to be Signed EPA. Washington, DC – Nov. 30, 2004 “Dozens of government officials and Tribal representatives will convene on Friday, Dec. 3, in Chicago to sign a Great Lakes Declaration and a framework document for the Great Lakes Regional Collaboration. Officials in attendance will include members of President Bush’s cabinet, United States senators and congressmen, state senators and representatives, and Great Lakes governors, Tribes, and mayors.” For information go to http://www.epa.gov/greatlakes/collaboration/ U.S. Department of the Interior Washington, DC - Dec. 1, 2004 “Interior Secretary Gale Norton today named Tom Weimer as Acting Assistant Secretary for Water and Science. Mr. Weimer, who takes over from Assistant Secretary Bennett Raley, has been serving as Principal Deputy Assistant Secretary for Water and Science for the past three and a half years. Mr. Raley's resignation becomes effective Dec. 3, 2004. Mr. Weimer, who has 18 years of federal service, previously served at Interior as Chief of Staff. ‘Tom has a wealth of experience, and I am confident in his ability to take on this position,’ said Secretary Norton.” For more information, go to: http://www.doi.gov/news/041201 Study Urges Caution in Contaminant Source Tracking U.S. Geological Survey, Dec. 6, 2004 “When a community finds that water it relies on for drinking or recreation contains E. coli, a bacterium found in the feces of warm-blooded animals that indicates fecal contamination, residents and officials naturally want to find the cause and fix it - quickly. But several testing methods using E. coli to identify the sources of fecal contamination were less accurate in field application than previously reported, according to a recent USGS report Comparison of seven protocols to identify fecal contamination sources using Escherichia coli, published in the Journal Environmental Science and Technology” [see below ‘Missing Link’] For more information, go to: http://www.usgs.gov/public/press/public_affairs/press_releases/pr2016m.html Secretary Norton Praises Leadership of Deputy Secretary J. Steven Griles Washington, D.C. Dec. 7, 2004 –“Secretary of the Interior Gale Norton today received with regret the resignation letter to the President from J. Steven Griles, the Department's Deputy Secretary.” For more information, go to: http://www.doi.gov/news/041207a Interior Department Statement on U.S. Court of Appeals Ruling in Indian Trust Case Dec. 10, 2004 – “Department of the Interior Deputy Secretary J. Steven Griles said today the Department is gratified by a ruling issued by the U.S. Court of Appeals for the District of Columbia - a ruling which largely reverses a U.S. District Court injunction issued more than one year ago in the long-running Indian Trust case. Today's ruling is now the third consecutive time that the circuit court has broadly reversed significant rulings by Judge Royce Lamberth in the case.” For more information, go to: http://www.doi.gov/news/041210b EPA Proposes Using Better Science to Protect Aquatic Life Dec. 9th - “We have published a draft ambient water quality criterion for selenium. The criteria recommendations are intended to protect aquatic life under the Clean Water Act. They incorporate the latest scientific information available to the Agency and reflect a new and improved approach to measuring this bioaccumulative pollutant in the aquatic environment. We are asking for scientific information, data, and views from the public on the draft criteria..” http://www.epa.gov/seleniumcriteria/ Central Valley Project’s Draft FONSI & EA Available December 14, 2004 – “The Bureau of Reclamation announces the availability of the Revised Draft Environmental Assessment (EA) and the Draft Finding of No Significant Impact (FONSI) for the proposed long-term Central Valley Project (CVP) water service contract between Reclamation and the Contra Costa Canal Water District (CCWD). The proposed contract is for the delivery of up to 195,000 acre-feet of CVP water per year. Reclamation proposes to renew the municipal and industrial water service contract for a period of 40 years.” For more information, go to: http://www.usbr.gov/newsroom/newsrelease/detail.cfm?RecordID=3321 Statement by Interior Secretary Gale Norton December 17, Washington, D.C. – “Today, the Bush Administration provided its response to the U.S. Oceans Commission Report. The Administration's response sets forth various initiatives to enhance the use and conservation of our oceans and coasts, improve management of coasts and watershed, and enhance ocean leadership and coordination…” For more information on the Bush Administration response, visit http://www.whitehouse.gov/news/releases/2004/12/20041217-5.html USDA and DOE Announce Up to $15 Million in Grants for Biomass Projects; Pre-Applications Due Feb. 15, 2005 Dec. 21, 2004 – “USDA and the U.S. Department of Energy today announced the availability of up to $15 million in grants through the Biomass Research and Development Initiative. These grants are available to eligible entities to carry out research, development and demonstrations on bio-based products, bio-energy, bio-fuels, bio-power and related processes.” For more information, go to: http://www.fedgrants.gov/Applicants/USDA/NRCS/2890/67-3A75-5-22/listing.html CVP Long-Term Water Service Contract for Byron-Bethany Irrigation District Available for Public Review and Comment Dec. 23, 2004 – “The Bureau of Reclamation and the Byron-Bethany Irrigation District (successor to the Plain View Water District) have completed negotiation of a long-term water service renewal contract for approximately 20,600 acre-feet of Central Valley Project (CVP) water. The contract was negotiated and completed under the Central Valley Project Improvement Act and is available for a 60-day public review and comment period.” For more information, got to: http://www.usbr.gov/newsroom/newsrelease/detail.cfm?RecordID=3483 |
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Lower Colorado River Multi-Species Conservation Program Documents Available Bureau of Reclamation, December 17, 2004 “Pursuant to the National Environmental Policy Act, documents related to the proposed adoption of the Lower Colorado River Multi-Species Conservation Program (MSCP) are now available for public review. The documents include the Final Environmental Impact Statement/Final Environmental Impact Report, Final Lower Colorado River Multi-Species Habitat Conservation Plan, Final Biological Assessment, Draft Implementing Agreement, and Draft Funding and Management Agreement.” For more information, go to: www.lcrmscp.org +++++++++++ EPA’s 2004 Contaminated Sediment Report to Congress “The Incidence and Severity of Sediment Contamination in Surface Waters of the United States” The National Sediment Quality Survey, 2nd Edition. For the report, go to: http://www.epa.gov/waterscience/cs/report/2004/index.htm +++++++++++ Infrastructure Security Guidelines Issued to Water Utilities. Interim Voluntary guidelines will help protect water supply against terrorist attacks December 09, 2004 (Reston, Va.) “Drinking water and wastewater utilities working to incorporate enhanced security measures into facility design and operation can now benefit from three new interim voluntary security guidance documents that were funded by a grant from the U.S. Environmental Protection Agency (EPA).” For more information, go to: http://www.awwa.org/Advocacy/pressroom/pr/index.cfm?ArticleID=380 +++++++++++ Bipartisan Commission Issues Strategy to Address Long-Term U.S. Energy Challenges Detailed Recommendations on Oil Security, Climate Change, Natural Gas, Nuclear Energy, and Other Key Topics the Result of 2 Years of Research and Consultation. Released Dec. 8, 2004 http://www.energycommission.org/ +++++++++++ EMS Handbook for Wastewater Utilities - Available for Download ”The Office of Wastewater Management at EPA, working with the Global Environmental & Technology Foundation and a steering committee of wastewater utility staff and other experts, has developed a handbook to help wastewater utilities implement environmental management systems (EMS) for their operations.” Achieving Environmental Excellence: An Environmental Management Systems Handbook for Wastewater Utilities is available at: http://www.wef.org/pdffiles/EMS_Wastewater_Handbook.pdf |
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December 9th , 2004 In the Senate Mr. FRIST: “If there is no further business to come before the Senate, I ask unanimous consent that the Senate adjourn sine die [for the last time], under the provisions of H. Con. Res. 531.” There being no objection, the Senate, at 10:54 p.m., adjourned sine die. |
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December 8th, 2004 House Concurrent Resolution 531 DELAY Concurrent resolution providing for the sine die [final] adjournment of the second session of the One Hundred Eighth Congress; considered and agreed to. |
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AGRICULTURE. Natural Resources Conservation Service. Notice of Proposed Changes to the NRCS National Handbook of Conservation Practices. Notice is hereby given of the intention of NRCS to issue a series of new or revised conservation practice standards in its National Handbook of Conservation Practices. These standards include Irrigation Water Management (Code 449), Pond Sealing or Lining, and Water Well (Code 642). Comments will be received for a 30-day period commencing with this date of publication. Copies of these standards can be downloaded from the following Web site: ftp://ftp-fc.sc.egov.usda.gov/NHQ/practice-standards/federal-register/ FR 12/01/04 p.69885 AGRICULTURE. Natural Resources Conservation Service. White Tank Mountains Watershed, Arizona. Notice of intent to de-authorize Federal funding. The sponsoring local organizations have concurred in this determination and agree that Federal funding should be de-authorized for the project. FR 12/02/04 p.70119 ENERGY. Western Area Power Administration. Provo River Project Rate Order No. WAPA-116. The Deputy Secretary of Energy confirmed and approved Rate Order No. WAPA-116, placing a rate formula for the Provo River Project of Western Area Power Administration into effect on an interim basis. The provisional rate formula extension will be placed into effect on an interim basis on April 1, 2005, and will be in effect until the Commission confirms, approves, and places the provisional rate formula extension in effect on a final basis for 5 years ending March 31, 2010, or until superseded. FR 12/06 p.70439 ENERGY. Western Area Power Administration. The Central Valley Project, the California-Oregon Transmission Project, the Pacific Alternating Current Intertie, and Information on the Path 15 Transmission Upgrade-Rate Order No. WAPA-115. The Deputy Secretary of Energy confirmed and approved Rate Order No. WAPA-115, placing formula rates for power, transmission, and ancillary services for the Central Valley Project, among others. Rate Schedules will be placed into effect on January 1, 2005. FR 12/06/04 p.70509 EPA. Notice of Proposed NPDES General Permit for Discharges From Concentrated Animal Feeding Operations in New Mexico, Oklahoma, and on Indian Lands in New Mexico and Oklahoma. EPA Region 6 is proposing to reissue NPDES General Permits for discharges from Concentrated Animal Feeding Operations in the aforementioned areas. Comments on this proposed permit must be submitted by February 7, 2005. FR 12/07/04 p.70684 INTERIOR. Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Notice of Availability of Draft Economic Analysis and Reopening of the Public Comment Period for the Proposed Designation of Critical Habitat for Lane Mountain Milk-vetch, a member of the pea family that is restricted in its range to a portion of the west Mojave Desert north of Barstow, in San Bernardino County, CA. We will accept all comments and information received on or before January 7, 2005. FR 12/08/04 p.70971 INTERIOR. Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Thread-Leaved Brodiaea. We, the Fish and Wildlife Service, propose to designate critical habitat pursuant to the Endangered Species Act of 1973, as amended, for the federally threatened Thread-Leaved Brodiaea. Of the eligible habitat, we are proposing to designate approximately 4,690 acres of land in 10 units in Los Angeles, San Bernardino, Orange, and San Diego Counties, California, as critical habitat for this species. We will accept comments from all interested parties until February 7, 2005. FR 12/08/04 p.71284 INTERIOR. Bureau of Reclamation. Change in Discount Rate for Water Resources Planning. The Water Resources Planning Act of 1965 and the Water Resources Development Act of 1974 require an annual determination of a discount rate for Federal water resources planning. The discount rate for Federal water resources planning for fiscal year 2005 is 5.375 percent. Discounting is to be used to convert future monetary values to present values. This discount rate is to be used for the period October 1, 2004, through and including September 30, 2005. FR 12/09/04 p.71425 INTERIOR. Fish and Wildlife Service. Endangered Species Act Incidental Take Permit Revocation Regulations. Final rule. This rule describes circumstances in which the U.S. Fish and Wildlife Service may revoke incidental take permits issued under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended. This rule is effective January 10, 2005. FR 12/10/04 p.71723 INTERNATIONAL BOUNDARY AND WATER COMMISSION, U.S. & MEXICO. United States Section; Notice of Intent To Prepare a Programmatic Environmental Impact Statement (PEIS) for Its Flood Control Projects Within the Rio Grande and Tijuana River Basins. This notice advises the public that we propose to gather information necessary to analyze and evaluate impacts of management activities for the flood control projects maintained by USIWB along the Rio Grande, from Percha Dam in Dona Ana County, New Mexico, to the Gulf of Mexico; and in the United States portion of the Tijuana River in San Diego County, California. The findings of this evaluation will be documented in a PEIS. Five public meetings will be held to obtain community input to ensure all concerns are identified and addressed in the PEIS. Full public participation by interested federal, state, and local agencies, as well as other interested organizations and the general public is encouraged during the scoping process which will end 60 days from the date of this notice. FR 12/10/04 p.71853 COMMERCE. NOAA. National Marine Fisheries Service. Endangered and Threatened Species; Designation of Critical Habitat for Seven Evolutionarily Significant Units of Pacific Salmon and Steelhead in California. Proposed rule; request for comments. The specific areas proposed for designation in the rule text set out below include approximately 11,668 miles of riverine habitat and 947 mi\2\ of bay/estuarine habitat (primarily in San Francisco-San Pablo-Suisun Bays) in California. The net economic impacts of ESA section 7 associated with designating the areas described in the proposed rule are estimated to be approximately $83,511,186, but we believe the additional exclusions under review could reduce this impact by up to 57 percent or more. We solicit information and comments from the public on all aspects of the proposal, including information on the economic, national security, and other relevant impacts of the proposed designation. Comments on this proposed rule must be received by February 8, 2005. Requests for public hearings must be made in writing by January 24, 2005. FR 12/10/04 p.71880 AGRICULTURE. Natural Resources Conservation Service. Public Comment Period open on the Activities of the Resource Conservation and Development Program, on the following topics: (1) RC&D Program effectiveness in meeting the needs of the States, units of government, Indian tribes, non-profit organizations, and RC&D councils served by the program; (2) RC&D Program effectiveness in developing community leadership conservation; (3) RC&D Program elements that best serve regional conservation and development needs; (4) RC&D Program elements that can be strengthened to better serve regional conservation and development needs. The comment period will be open through January 31, 2005. FR 12/13/04 p.72163 COMMERCE. NOAA. National Marine Fisheries Service. Endangered and Threatened Species; Designation of Critical Habitat for 13 Evolutionarily Significant Units of Pacific Salmon and Steelhead in Washington, Oregon, and Idaho; Proposed rule; request for comments. The specific areas proposed for designation include approximately 27,553 mi of lake, riverine, and estuarine habitat in Washington, Oregon, and Idaho, as well as approximately 2,121 mi of marine nearshore habitat in Puget Sound, Washington. Comments on this proposed rule must be received by February 14, 2005. We have already scheduled public hearings. Details regarding the hearing format and related information will be posted by December 24, 2004, on our Web site at http://www.nwr.noaa.gov/1salmon/salmesa/crithab/CHsite.htm FR 12/14/04 p.74571 INTERIOR. Bureau of Reclamation. Water Transfer Program for the San Joaquin River Exchange Contractors Water Authority, 2005 to 2014. Notice of availability of the joint Final Environmental Impact Statement / Environmental Impact Report for a 10-year water transfer program consisting of the transfer of up to 130,000 acre-feet of substitute water (a maximum of 80,000 acre-feet of developed water from conservation measures, including tailwater recovery, and groundwater pumping and a maximum of 50,000 acre-feet from temporary land fallowing) from the Exchange Contractors to other Central Valley Project (CVP) contractors, to Reclamation for delivery to the San Joaquin Valley wetland habitat areas (wildlife refuges), and to Reclamation and/or DWR for use by the CALFED Environmental Water Account (EWA) as replacement water for CVP contractors. The final document is available online at http://www.usbr.gov/mp. FR 12/15/04 p.75086 EPA. Notice of Availability of Draft Aquatic Life Criteria Document for Selenium, and Request for Scientific Information, Data, and Views Pertaining to the Criteria. The document contains draft water quality criteria recommendations for the protection of freshwater and saltwater aquatic life. EPA is soliciting information, data, and views on issues of science pertaining to the information the Agency used to derive the draft criteria, which should be submitted by April 18, 2005. FR 12/17/04 p.75541 INTERIOR. Fish and Wildlife Service. Bureau of Reclamation. Final Environmental Impact Statement/Environmental Impact Report for Proposed Adoption of the Lower Colorado River Multi-Species Conservation Program, Final Lower Colorado River Multi-Species Habitat Conservation Plan, Final Biological Assessment, Incidental Take Permit Application, Draft Implementing Agreement, and Draft Funding and Management Agreement. Notice of availability. proposed take would occur in Mohave, La Paz, and Yuma counties, Arizona; San Bernardino, Riverside, and Imperial counties, California; and Clark County, Nevada, as a result of water storage and delivery, power generation, and other associated federal and non-federal water management actions and activities on the lower Colorado River from the full pool elevation of Lake Mead to the Southerly International Boundary with Mexico. FR 12/17/04 p.75556 INTERIOR. Bureau of Land Management. AGRICULTURE. Forest Service. Notice of Availability of Draft Environmental Impact Statement for the Buckman Water Diversion Project, Santa Fe County, New Mexico. The Buckman Water Diversion Project DEIS will be available for review for 60 days from publication in the Federal Register. Any meetings or public involvement activities associated with distribution of the DEIS will be announced at least 15 days in advance through the local media, at Web site http://www.nm.blm.gov FR 10/17/04 p.75560 INTERIOR. Bureau of Reclamation. Central Valley Project Improvement Act, Water Management Plans. The following Water Management Plans are available for review: Citrus Heights Water District, Del Puerto Water District, Fair Oaks Water District, Orange Vale Water District, Shasta View Irrigation District. Public comment on Reclamation's preliminary determination is invited at this time. All public comments must be received by January 19, 2005. FR 12/20/04 p.76008 WHITE HOUSE. The President. Executive Order 13366 - Committee on Ocean Policy. Presidential Documents, dated December 17, 2004. FR 12/21/04 p.76589 EPA. Final Modification of National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges From Construction Activities; Notice of general permit modification. The general permit is available for use where EPA is the NPDES permitting authority in EPA Regions 1-3 and 5-10. Coverage under the general permit authorizes the discharge of storm water from construction activities consistent with the terms of the permit. The revisions clarify that only sites covered by this permit can be subject to noncompliance with the permit. This permit modification is effective on January 21, 2005. FR 12/22/04 p.76743 EPA. Notice of a Public Meeting To Discuss Research Related to the Stage 2 Disinfectants and Disinfection Byproducts Rule. The public meeting will be held on Tuesday, January 18, 2005 on the first floor of the East Building of EPA Headquarters in Washington, DC. FR 12/23/04 p.76897 HOMELAND SECURITY. Directorate of Information Analysis and Infrastructure Protection (IAIP). Notice of open Meeting of National Infrastructure Advisory Council (NIAC). The National Infrastructure Advisory Council will meet on January 11, 2005, in Washington, DC. The meeting will be open to the public. You may submit comments, identified by DHS Docket DHS-2004-0032 to the EPA Federal Partner EDOCKET Web Site: http://www.epa.gov/feddocket. FR 12/27/04 p.77259 |
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