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Salt Cedar Demonstration Project Bill

On Feb. 23, the House passed H.R. 2707, funding a demonstration project aimed to control the spread of the invasive Salt Cedar and Russian Olive plants in the Rio Grande basin in New Mexico, introduced by Rep. Steve Pearce (R-N.M.) last year.  Each Salt Cedar tree, sometimes called tamarisk, consumes about 200 gallons of water per day from New Mexico's limited supply, at a time when more Rio Grande water is sought for the survival of the endangered silvery minnow.   "The removal of Salt Cedars can increase water quantity, improve water and soil quality, increase wildlife habitat and increase land values," said Rep. Pearce.

Senate EPW looks to 2nd Session

Annual Report on Conservation Voting Records

The League of Conservation Voters (LCV) has released their 2003 National Environmental Scorecard of Congressional voting records on certain issues that arose last year in the 108th Congress, such as on the comprehensive Energy Bill, climate change initiatives, forest protection plans, and offshore oil drilling.  The scoring ranges from 0 to 100 percent, and the tabulation shows that Senate Democrats scored the most favorably, from the LCV point of view, with an overall score of 70% as against 13% for Senate Republicans.  The House split even more dramatically, with scores of 82% for democrats and  14% for Republicans.

The Senate Environment and Public Works Committee Chairman, James Inhofe (R-Okla.), received an individual score of only 5% for 2003, but has discounted LCV’s annual report because, he says, they count only votes and issues that display a partisan division.  "The scorecard is clearly election year politics from the left.”

‘Sound Science’ Forest Research Bill Passes House

On February 24, H.R. 2696, The Southwest Forest Health and Wildfire Prevention Act introduced by Congressman Rick Renzi (R-AZ) was unanimously approved by the House of Representatives.  It moves to the Senate for action, likely by early spring.  The bill creates three institutes in three states to research the best forest health restoration plans to reduce risks of catastrophic wildfires.  The Forest Service would, if the bill becomes law, establish the Ecological Restoration Institute at Northern Arizona University, and similar institutes in New Mexico and Colorado.  “Over the next ten years, the Federal government will be treating thousands of acres of forests to reduce the risk of wildfire.  This action will fill a critical void that exists in the current way scientific research is incorporated into the design and implementation of forest restoration treatments,” said Congressman Renzi. 

Concerns Voiced on FY’05 Budget Request Cuts for Federal Water Programs

On Feb. 26, The House Transportation and Infrastructure Subcommittee on Water Resources and Environment reviewed likely spending cuts for water and related infrastructure  projects as a result of the Bush Administration’s FY’05 Budget Request for several Agencies, including the Army Corps of Engineers and EPA.   The President’s Request for the Corps would reduce their spending by $375 million from this year to the next, and the Corps has responded with plans to cut about 500 projects, including many having cost-sharing agreements with local communities, which angered the Subcommittee.  "Under the Budget Request, the Corps of Engineers would walk away from commitments it has made to communities all over America,” said Rep. John Duncan (R-Tenn.).  It was also noted in the hearing that the Administration’s Budget Request for the Corps however did include funds for eight new projects chosen by the White House Office of Management and Budget.

Benjamin Grumbles, EPA Acting Assistant Administrator for Water, spoke to the Subcommittee on the matter of cutting the Clean Water State Revolving Fund (SRF) from $1.35 billion to $850 million under the FY’05 Request.  He said the Agency had developed plans to make the SRF’s more flexible, permitting states to use the funds for pollution control needs in addition to spending on infrastructure.  

Forum on State–Federal Water Laws

DoD Proposes to Amend Laws on Toxic Releases

The Department of Defense has submitted a proposal to change two environmental laws in a letter sent to the White House Office of Management and Budget and the EPA last week.  The letter asks for redefinitions in the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) that would exclude explosives and munitions from the category of “solid wastes” and their use on training ranges from being a “release” into the environment. 

According to four environmental groups, the Association of Metropolitan Water Agencies, the American Water Works Association, the Association of California Water Agencies, and the National Association of Water Companies, these amendments are written "far too broadly” and will exempt the Department of Defense from liability of remediating contamination of the environment.  A spokesman for one of the groups stated, "We believe that our armed forces should be able to conduct weapons training, yet still clean up hazardous waste on its ranges and protect sources of drinking water both on and off military installations."

Back to the Garden

Support for Bill to Research Algal Blooms and Hypoxia

The Assistant Administrator for the National Ocean Service, in the National Oceanic and Atmospheric Administration, stated his support for a bill introduced by Rep. Vernon Ehlers (R-Mich.), The Harmful Algal Blooms and Hypoxia Amendments Act (H.R.1856) that would set $30 million aside each year for three years to conduct research into harmful algal blooms and hypoxia (a deficiency of oxygen in water). 

Rep. Frank Pallone (D-N.J.), the Ranking Member of the House Resources Subcommittee on Fisheries Conservation, Wildlife and Oceans also supported H.R.1856, but said it was not enough just to focus on research, and that there needed to be funding for implementation of effective measures to limit the occurrences of harmful algal blooms and hypoxia.  At a recent hearing on the bill, he was critical of the Administration's proposed funding cuts to the Coastal Nonpoint Source Pollution Control plans, as well as to the National Ocean Service itself.

The Interior Department

On Feb. 25, the Department of the Interior announced that $25.8 million in grants under the Landowner Incentive Program that would be provided to states, localities, and private landowners on a cost-share basis, in order to fund habitat protection efforts for at-risk species.   Interior Secretary Gale Norton said, “From restoring streams and riparian areas to bringing back natural prairies, we are empowering landowners to undertake conservation projects that they otherwise could not afford.”  According to the Interior Department, the funding may be used in Colorado to give assistance to landowners trying to protect the Gunnison sage grouse, Preble's meadow jumping mouse, as well as other prairie habitat-dependent species.  In Oregon, salmon recovery will be aided by removing culverts and building fish passages through dams and other barriers.  California is expected to continue managing grasslands and wetland habitats with the new funds.

News Found on the Web

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The National Estuary Restoration Inventory

NOAA - The National Estuary Restoration Inventory (NERI) went online Feb. 1, and was created to track estuary habitat restoration projects across the nation.  The purpose of the inventory is to provide information on restoration projects in order to improve restoration methods and to track acreage restored toward the Act's one million-acre goal.  Information on all projects funded through the Estuary Restoration Act must be submitted to the database.  NOAA seeks comment on how user-friendly the Web site is, the types of information tracked, and other suggestions for improvement.  For more information, go to: https://neri.noaa.gov/

NRCS Activities in the Klamath River Basin

The Natural Resources Conservation Service (NRCS) and local partners are bringing the benefits of voluntary, locally led conservation to farmers, ranchers, Tribes, and other private landowners in the Klamath River Basin.  The Natural Resources Conservation Service in California and Oregon provides technical assistance in conservation planning and on-farm conservation implementation through Federal financial program funding, such as the Farm Bill.  For more information, go to:                                 http://www.nrcs.usda.gov/feature/klamath/

California District to Keep Habitat ‘Out of Circulation Forever’

A permanent refuge for migratory birds and natural water filter is being restored in Redlands by the East Valley Resource Conservation District.  The project along San Timoteo Creek is the outcome of a developer's efforts to appease wildlife and habitat concerns after construction-related damage to the area.  The 6-acre wetlands restoration site, near the Sunset Hills Estates development, was turned over this month to the District, said District Manager David Hansberger.  He added that the site will be kept in its natural state.  For more information go to:  http://www.nrcs.usda.gov/news/thisweek/2004/040225/cahabitat.html

USDA Announces Funding For Agricultural Management Assistance

Washington, DC - Feb. 23, 2004-Agriculture Secretary Ann M. Veneman today announced the release of $14 million for Agricultural Management Assistance (AMA) for fiscal year 2004.  The AMA helps producers adopt conservation practices and investment strategies that will reduce or mitigate risks to their agricultural enterprises.  For more information go to:  http://www.usda.gov/Newsroom/0080.04.html

NOAA Releases New Manual on Coastal Habitat Restoration Monitoring 

For the first time, NOAA compiled key restoration monitoring information applicable to coastal habitats nationwide. "Science-Based Restoration Monitoring of Coastal Habitats, Volume One: A Framework for Monitoring Plans Under the Estuaries and Clean Waters Act of 2000 (Public Law 160-457)" offers technical assistance, outlines steps, and provides useful tools for developing and carrying out monitoring of coastal restoration efforts.  For more information go to:  http://www.noaa.gov/

Reclamation Commissioner Keys Stresses Priorities, Goals and Impact of  Bureau of Reclamation FY 2005 Budget

Washington, DC - Bureau of Reclamation Commissioner John Keys today outlined the President's Fiscal Year '05 Budget Request for Reclamation, calling it a blueprint for how Reclamation plans to work toward its goals in the upcoming year.  For more information go to:  http://www.usbr.gov/main/news/news_releases/news_2004/02-25-2004.html

Bills Introduced in the Senate: February 23-27, 2004

Bills Introduced in the House: February 23-27, 2004

Tuesday, 24th

HR 3822  McCOLLUM

A bill to amend the Animal Health Protection Act to direct the Secretary of Agriculture to establish an electronic nationwide livestock identification system, and for other purposes; to the Committee on Agriculture.  

Wednesday, 25th

HR 3834  DAVIS of Florida

A bill to direct the Secretary of Energy to make incentive payments to the owners or operators of qualified desalination facilities to partially offset the cost of electrical energy required to operate such facilities, and for other purposes; to the Committee on Resources.

HR 3839  McCARTHY of New York

A bill to authorize the Secretary of Homeland Security to make grants to address homeland security preparedness shortcomings of units of municipal and county government; to the Committee on Transportation and Infrastructure, and in addition to the Committees on 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.

Thursday, 26th

HR 3850  YOUNG of Alaska

A bill to provide an extension of highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century; to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, Resources, and Science, 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.

Western States Newspaper Headlines

“Lester Snow to Head State's Water Agency”  February 25, 2004  Los Angeles Times (subscription), CA  http://www.latimes.com/news/local

“Water district fined over bacteria levels”  February 28, 2004  Marin Independent-Journal, CA  http://www.marinij.com/Stories

 “Senator carries Yuba flood bill”  February 25, 2004  Appeal-Democrat, CA  http://www.appeal-democrat.com/articles

“Water plant is issue for city, agency says”  February 28, 2004  San Diego Union Tribune, CA  http://www.signonsandiego.com/news/northcounty

“Fallbrook, Rainbow water district merge unlikely, officials say”  February 27, 2004  San Diego Union Tribune, CA  http://www.signonsandiego.com/news/northcounty

“Big Mountain construction compromises water source”  February 29, 2004   The Missoulian, MT  http://www.missoulian.com/articles

“Dam plan ignites water war”  February 29, 2004  San Francisco Chronicle, CA  http://www.sfgate.com/cgi-bin/article

“Debt refinancing saves CCWD $1.9M”  February 27, 2004  Calaveras Enterprise, CA  http://www.calaverasenterprise.com/articles

Federal Register Notices:  February 23-27, 2004

EPA.  National Advisory Council for Environmental Policy and Technology.  Notice of meeting.  NACEPT provides advice and recommendations to the Administrator of EPA on a broad range of environmental policy, technology, and management issues.  NACEPT consists of a representative cross-section of EPA's partners and principal constituents who provide advice and recommendations on policy issues and serve as a sounding board for new strategies that the Agency is developing.  NACEPT will hold a two-day public meeting on March 11 and 12, 2004 in Washington, DC.  FR  2/24/04  p.8407

INTERIOR.  Fish and Wildlife Service.  Endangered and Threatened Wildlife and Plants; Extension of Amended Special Regulations for the Preble's Meadow Jumping Mouse.  Proposed rule.  On October 1, 2002, the F&WS amended special regulations governing the take of the threatened Preble's meadow jumping mouse, and provided several new exemptions from take provisions for certain activities related to noxious weed control and ongoing ditch maintenance activities.  This action proposes to extend the special regulations permanently.  Comments must be received on or before March 25, 2004.  Public hearing requests must be received by March 10, 2004.  FR  2/24/04  p.8359

INTERIOR.  Fish and Wildlife Service.  Revisions to the Regulations Applicable to Permits Issued Under the Endangered Species Act.  Proposed rule; reopening of comment period.  We, the U.S. Fish and Wildlife Service, announce the reopening of the comment period for the proposed rule to revise our regulations pertaining to permits issued under the Endangered Species Act. Apparent confusion on the part of the public regarding the scope of this proposed rule has prompted us to reopen the comment period to allow for additional comment.  Comments and information will be accepted from all interested parties until March 9, 2004.  FR  2/23/04  p.8161

EPA.  Revision to the Texas Underground Injection Control Program Approved Under Section 1422 of the Safe Drinking Water Act and Administered by the Texas Commission on Environmental Quality.  Final rule.  Today, EPA is amending the Code of Federal Regulations (CFR), and incorporating by reference (IBR), the revised Underground Injection Control (UIC) Program for the Texas Commission on Environmental.  The intended effect of this action is to approve, update and codify the revisions to the authorized Texas UIC Program and to incorporate by reference the relevant portions of the revisions in the Code of Federal Regulations.  This rule is effective on March 26, 2004.  FR  2/25/04  p.8565

COMMERCE.  NOAA.  National Marine Fisheries Service (NMFS).  Fisheries of the United States; Essential Fish Habitat.  Advance notice of proposed rulemaking; consideration of revision to Essential Fish Habitat (EFH) guidelines; reopening of the comment period.  The intent of this document is to announce the reopening of the public comment period.  Written comments must be received on or before April 26, 2004.  FR  2/25/04  p.8615

COMMERCE.  NOAA.  Comment Request: National Estuary Restoration Inventory.  Notice.  The purpose of this document is to invite the public to comment on the recently launched National Estuary Restoration Inventory (NERI), an on-line database of estuary habitat restoration projects that is available to the public for electronic submission and viewing of project information.  Written comments must be received by March 26, 2004.  FR  2/25/04  p.8628

EPA.  Revision to the Texas Underground Injection Control Program Approved Under Section 1422 of the Safe Drinking Water Act and Administered by the Railroad Commission of Texas.  Final rule.  The intended effect of this action is to approve, update and codify the revisions to the authorized Texas UIC program for brine mining wells and to incorporate by reference the relevant portions of the revisions in the Code of Federal Regulations.  This rule is effective on March 29, 2004.  FR  2/26/04  p.8824

INTERIOR.  Fish and Wildlife Service.  Endangered and Threatened Wildlife and Plants; Final Rule To Designate Critical Habitat for the Santa Ana Sucker.  Final rule.  We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Santa Ana sucker (Catostomus santaanae) pursuant to the Endangered Species Act of 1973, as amended (Act).  This threatened species is now restricted to three noncontiguous populations in three different stream systems in southern California: The lower and middle Santa Ana River in San Bernardino, Riverside, and Orange counties; the East, West, and North Forks of the San Gabriel River in Los Angeles County; and lower Big Tujunga Creek in Los Angeles County.  This rule becomes effective on February 26, 2004.  FR  2/26/04  p.8839

INTERIOR.  Fish and Wildlife Service.  Endangered and Threatened Wildlife and Plants; Proposed Rule To Designate Critical Habitat for the Santa Ana Sucker.  Proposed rule.  We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Santa Ana sucker (Catostomus santaanae) pursuant to the Endangered Species Act of 1973, as amended (Act).  When final, this rulemaking would replace the critical habitat designation for Santa Ana sucker as promulgated today by a rule that amends 50 CFR 17.11(h) and 17.95(e).  We will accept comments from all interested parties until April 26, 2004. We must receive requests for public hearings by April 12, 2004.  FR  2/26/04  p.8911

INTERIOR.  Fish and Wildlife Service.  North American Wetlands Conservation Council Meeting Announcement.  Notice of meeting.  The North American Wetlands Conservation Council will meet to select North American Wetlands Conservation Act (NAWCA) grant proposals for recommendation to the Migratory Bird Conservation Commission (Commission). The meeting is open to the public.  DATES: March 9, 2004, 1-4 pm.  FR  2/26/04  p.8985

COMMERCE.  NOAA.  National Marine Fisheries Service (NMFS).  Fisheries Off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Amendment 16-1.  Final rule.  NMFS issues this final rule to implement Amendment 16-1 to the Pacific Coast Groundfish Fishery Management Plan (FMP) which sets a process for and standards by which the Council will specify rebuilding plans for groundfish stocks declared overfished by the Secretary of Commerce.  Amendment 16-1 is intended to partially respond to a Court order in which NMFS was ordered to provide Pacific Coast groundfish rebuilding plans as FMPs, FMP amendments, or regulations, per the Magnuson-Stevens Act.  Effective March 29, 2004.  FR  2/26/04  p.8861

HEALTH AND HUMAN SERVICES.  Administration for Children and Families.  Environmental Regulatory Enhancement Program Announcement.  This program announcement amends the grant opportunity published on February 20, 2004.  Date for Application: April 6, 2004.  The Administration for Native Americans (ANA), within the Administration for Children and Families, announces the availability of fiscal year (FY) 2004 funds for the Environmental Regulatory Enhancement (Environmental) Program.   An application from a Tribe, Alaska Native Village or Native American organization must be from the governing body.  FR  2/27/04  p.9327

DEFENSE.  Department of the Army; Corps of Engineers.  Intent To Prepare a Draft Environmental Impact Statement/Environmental Impact Report for the Santa Ana River Interceptor Protection / Relocation Project, Reach 9, Orange County, Riverside County and San Bernardino County, CA.  Notice of intent.  A public scoping meeting is scheduled for March 10, 2004 at 7 p.m. at the Yorba Linda Community Center, in Yorba Linda, CA.  FR  2/27/04  p.9304

EPA.  National Drinking Water Advisory Council; Request for Water Security Working Group Nominations.  Notice.  The U.S. Environmental Protection Agency (EPA or Agency) is announcing the formation of the Water Security Working Group (WSWG) of the National Drinking Water Advisory Council, and soliciting all interested persons to nominate qualified individuals to serve a one-year term. Any interested person or organization may nominate qualified individuals for membership on the working group.  Submit nominations via U.S. mail on or before March 29, 2004.  FR  2/27/04  p.9312

TRANSPORTATION.  Federal Highway Administration.  Federal Lands Highway Program; Management Systems Pertaining to the Fish and Wildlife Service and the Refuge Roads Program.  Final rule.  This final rule provides for the development and implementation of safety, bridge, pavement and congestion management systems for transportation facilities serving the National Wildlife Refuge System (Refuge System) funded under the Federal Lands Highway Program (FLHP) as required by the Transportation Equity Act for the 21st Century (TEA-21).  Effective Date:  March 29, 2004.  FR  2/27/04  p.9483