Will & Carlson's Weekly Newsletter
| News Stories | Western Newspaper Headlines | New Reports of Interest | Key Agency News Releases | Bills Introduced in the Senate | Bills Introduced in the House | Federal Register Notices |
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Eye
on Washington: Volume VII, Issue 24 |
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CONGRESSIONAL ACTION |
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House
/ Senate Energy Bill Conference The
House-Senate Conference Committee has begun meeting to mark up the several
titles of the “The Energy Policy
Act of 2005”. Rep. Joe
Barton (R-TX) is the Conference Chair and believes they will get to work the
incentive tax package in the legislation sometime on Monday, 25th.
The House version of that section stands at about $8 billion over ten
years; the Senate’s at about $11 billion over 5 years and rising to $14
billion over ten years. The
President is warning Legislators not to exceed the Administration’s $6.7
billion/ten year limit for tax incentives.
The
main hurdle to agreement between the House and Senate conferees remains the
MTBE liability waiver language set forth in the House version.
Rep. Barton is said to be offering language that would create a fund
established by MTBE manufacturers and the petroleum industry to help with
the taxpayer supported clean-up program in 36 states, in exchange for
leaving the liability waivers intact. So
far, there has been no positive response from Senator Domenici (R-NM) who
leads the Senate conferees on the proposal.
While
the hope is to finish work on the energy bill before the August recess
begins at the end of next week, Senate Leader Frist (R-TN) did not mention
it in his list of priorities for the coming week: the Highway Bill
reauthorization, and Appropriations Bills.
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Interior
/ EPA Appropriations Bill Conference Set for Monday The
$26.2B FY’06 Interior and Environment spending bill conference is
tentatively scheduled to begin Monday evening, and conferees are said to be
already close to resolving the $250M spending gap between the House and
Senate for the EPA wastewater loan account. The Senate wants to appropriate
$1.1B; the House wants $850M. Another
disagreement with EPA funding involves the controversial practice of
allowing EPA to study the effects of pesticides in people.
The EPA had been set to initiate a pharmacological-type study in
Florida of children that had already exposed to pesticides and the effects
upon them. Although they never
considered “dosing” a subject with pesticides, the Senate voted to ban
them from doing so last month, and asked for EPA to develop ethical
guidelines by which ‘passive’ data could be made use of.
In a flurry of mis-reporting and voter outrage, the House banned them
from even using such data.
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Data Quality
Act May Include Judicial Reviews On
Wednesday, July 20th Rep. Candice Miller (R-MI) said she was
considering changes to the Information Quality Act of 2001 that would expand
the rights of ‘outside’ petitioners (usually industry groups) to
initiate a judicial review of a response by Federal agencies involved in a
court case. New legislation in
that direction is considered by some to be an attempt to delay
Agency-mandated changes on decisions that industry disagrees with.
Those arguing the to the contrary say such a law would be “a useful
mechanism” to make sure that Federal decision-making is based on the most
reliable scientific data that can be found. |
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CONGRESSIONAL HEARINGS |
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The
House Resources Subcommittee on Water
and Power met on July 19th for an oversight hearing entitled
“Maintaining and Upgrading the Bureau of Reclamation’s Facilities to
Improve Power Generation, Enhance Water Supply and Keep our Homeland
Secure.” Commissioner John Keys of the Bureau of Reclamation testified
along with a geographically diverse panel of witnesses. Commissioner
Keys outlined the Bureau’s plans to address the issues at hand. To improve
power generation, he advocated preventative maintenance, optimization of
existing assets, and assessment of the potential for low-head and
micro-turbine generation. On enhancing water supply, Mr. Keys sited DOI’s Water
2025 program as having the potential to alleviate storage pressures
through “innovative management and conservation projects funded through
cost-shared Challenge Grants.” Mr. Keys also elaborated on concerns
surrounding the maintenance of existing assets. He spoke of the possible
detrimental effects that a lack of a financing mechanism for low-budget
water users could have on the Bureau’s infrastructure.
After
the Commissioner testimony Chairman Radanovich (R-CA) asked him about the
prospect of privatizing facilities in order to alleviate pressures on both
water users and the Bureau. He
responded that all irrigation districts should consider private transfers,
but that such actions were not viable options for all. Ranking Member
Napolitano (D-CA) questioned the Commissioner as to why the Bureau’s
overhead costs are excessive. Mr. Keys responded by saying that the
Bureau’s engineering costs can be high which is why outside contracting is
an option. Mr.
Tom Donnelly of NWRA offered testimony in which he split the problem of
facility modernization into two categories: projects with repayment capacity
and those without repayment capacity. He said the former could be addressed
by creating a revolving fund within the Bureau, but did not have a
suggestion as to how to maintain the latter projects.
He did ask the Subcommittee “not to lose site of the fact that
these projects are still Federally owned facilities” and therefore the
responsibility of maintenance ultimately lay in the hands of the Federal
government. A
recurring suggestion by other witnesses, including Mr. Tony Willardson of
WSWC, was to give Federal Loan Guarantee authority to the Bureau. Mr.
Donnelly concurred. Rep.
Rehburg (R-MO) posed provocative questions to the witnesses - What is wrong
with the Bureau’s ‘NO’ culture? Did
Congress place these constraints on the Bureau?
Is there some type of over-riding authority that Congress can give to
the Bureau that will make them say ‘YES’ more often or, is there
something seriously amiss within the Bureau itself?
In
response, the witnesses reiterated suggestions for policies allowing for
Federal Loan Guarantees and State Revolving Funds, thereby loosening the
OMB’s control over the Bureau’s decisions.
++++++++ On
July 14th the Senate
Energy and Natural Resources Committee held a hearing on the nominations
of Tom Weimer to be Interior’s new Assistant Secretary for Policy,
Management and Budget and Mark Limbaugh to be Assistant Secretary of Water
and Science, a position overseeing both the U.S. Geological Survey and the
Bureau of Reclamation, where he has been a Deputy Commissioner working to
implement the Water 2025 program. On
July 21st the Committee approved both nominations by unanimous
consent, sending them to the full Senate for approval.
At
the July 14th nomination hearing, Mr. Limbaugh spoke of his
respect for the role of farmers in the Western states, having once served as
President of the Family Farm Alliance, and pledged to “uphold the trust
placed in me” by the nomination. He
added that if he were confirmed he would address the issue of financing for
aging infrastructure and would work with Congress to pass a rural water
program. He said, “I believe
in the Secretary’s reliance on the Four C’s - communication, cooperation
and consultation in the service of conservation.”
Mr. Limbaugh stated he would make ‘sound science’ the basis for
decision-making at the U.S.G.S., and to work in a bi-partisan and
cooperative manner with Members. And
finally, that he felt ‘humbled’ to be nominated. ++++++++ On
Wednesday, July 20th the Senate
Environment and Public Works Committee met to markup pending
legislation, S.1400, “The Water Infrastructure Financing Act”
sponsored by Senators Chafee with four co-sponsors, and
to vote on the nominations of Marcus Peacock to become EPA’s Deputy
Administrator and Granta Nakayama to become Deputy Administrator, both of
whom were approved. Susan Bodine
was nominated to be Chief of the Office of Solid Waste, but Sen. Barbara
Boxer (D-CA) abstained from voting for Susan Bodine, saying she will place a
hold on the nomination until the EPA fulfills a request she had made for
further information on 103 high-risk Superfund sites.
Sen.
Lieberman proposed an amendment to S.1400 that would add wording for Davis
Bacon requirements and, although Senators Inhofe and DeMint expressed
discontent for the amendment, it passed.
Sen. Boxer proposed an amendment which would have authorized the USGS
create a nationwide database for the purpose of assessing perchlorate
contamination, which failed by a vote of 13-5.
And, after a brief discussion, S.1400 was favorably reported out of
the Committee, unanimously.
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ENDANGERED SPECIES |
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House-Led ESA
Reform On Hold On
Wednesday, July 20th House Minority Leader Nancy Pelosi (D-CA.)
addressed officials of some 30 environmental groups meeting in Washington to
protest any changes in the Endangered Species Act that would undermine
Federal authority to protect threatened and endangered plants and animals
and their natural habitats. As-yet
unnumbered legislation has been floated by House Resources Chairman Richard
Pombo (R-CA), but its introduction is apparently being pushed back until the
Fall. According to news reports,
“good faith” negotiations are underway on the Resources Committee
between the majority staff and minority staff, looking for “consensus”
areas in the ESA. Rep. Pelosi
spoke to the mini-environmental summit meeting of an ESA “under attack”
by the Administration, and warned the Act itself was “threatened”. |
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UPCOMING CONGRESSIONAL HEARINGS |
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Monday,
25th House
/ Senate Conference Committee Comprehensive
Energy Bill - Tax Incentives Wednesday,
27th House
Government Reform Subcommittee on Government Management Hearing
on financial management at the Dept. of Homeland Security Thursday,
28th House
Homeland Security Subcommittee on Prevention of Nuclear and Biological
Attack Hearing
on national biodefense strategy |
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STATUS OF FY'06 APPROPRIATIONS |
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STATUS OF BILLS AND ISSUES OF INTEREST |
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ESA
Reform Field
hearings are underway. Yet-to-be-numbered
legislation is expected to be taken up by the House Resources Committee in
September. Water Resources Development
Act [“WRDA”
H.R.2864] Passed
in the House on July 14th; the Senate has not yet taken action. Comprehensive Energy
Legislation of 2005
[H.R.6 and S.10] The
first Conference Committee meeting was held on July 14th. The
House measure contains language offering MTBE producers liability
protection, whereas the Senate version does not.
Water Infrastructure [S.1400] The
Senate Environment and Public Works Committee unanimously passed S.1400,
“The Water Infrastructure Financing Act” sponsored by Senator Chafee, on
July 20th.
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Body
Burden - The Pollution in Newborns
by the Environmental Working Group
Effects
of the Federal Estate Tax on Farms and Small Businesses Congressional
Budget Office - July 2005 http://www.cbo.gov/ftpdocs/65xx/doc6512/07-06-EstateTax.pdf
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Week of July 18-22, 2005 |
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Federal
Drought Action Teams Will Coordinate Drought Relief Assistance to Western
States Washington - July 12th
“Interior Secretary Gale A. Norton and Agriculture Secretary Mike
Johanns have activated Interagency Drought Action Teams to coordinate
drought relief to communities in Western States that face the greatest
potential water shortages this summer. ‘Much
of the Pacific Northwest has been hard hit by drought this year,’
Secretary Norton said. ‘Despite recent spring rains, some areas in the
region will experience severe water shortages later this summer. These
Drought Action Teams will bring focus to federal drought programs in
communities hit by those shortages.’”
http://www.doi.gov/news/05_News_Releases/050712a Secretary
Norton Praises President's Intention to Nominate H. Dale Hall as Director of
the Fish and Wildlife Service July
15, 2005 - Washington, D.C. “Secretary of the Interior Gale A. Norton
today praised President Bush's intention to nominate H. Dale Hall to serve
as Director of the U.S. Fish and Wildlife Service.
The announcement is subject to confirmation by the U.S. Senate, once
the official nomination is made by the President.
27-year career employee, Hall has served in Albuquerque, N.M. as the
Southwest Regional Director of the Service since 2001.”
http://www.doi.gov/news/05_News_Releases/050715b
Federal,
State Agencies and Conservation Group Form Partnership to Protect Lower
Yellowstone Fishery July
18, 2005 - “Three federal agencies, a Montana state agency and a national
conservation group have formed a partnership to protect and enhance
endangered pallid sturgeon populations in the Lower Yellowstone River at
Intake Diversion Dam near Glendive, Mont.
Dan Jewell, Montana Area Manager for the Bureau of Reclamation, said
that Reclamation sees this new partnership as an opportunity to collaborate
in reaching sound resource management decisions for the operations of the
Lower Yellowstone irrigation project in accordance with the Endangered
Species Act.” http://www.usbr.gov/newsroom/newsrelease/detail.cfm?RecordID=6681 Yakima
Basin Water Supply for Mid-July Slightly Improved July 19, 2005 “The Bureau of Reclamation has released the mid July 2005 forecast for irrigation water supply, according to David Murillo, Yakima Project Manager. The mid-July 2005 water supply outlook has improved slightly from July 1. Contributing factors continue to indicate a very short water supply for junior users even if precipitation for the remainder of the season is average.” http://www.usbr.gov/newsroom/newsrelease/detail.cfm?RecordID=6721
Partnership
to Improve Water Security in U.S. and Israel July,
20th - “EPA and the Israeli Ministry of National
Infrastructures signed an agreement July 19 to work together to improve
water supply system security in the United States and Israel.
Joint projects could include work on contamination warning systems,
conducting field testing of sensor technologies, water supply risk
assessment and management, and emergency response.” Reclamation
Provides Emergency Drought Assistance to the Town of Geraldine, Montana July
21, 2005 “Bureau of Reclamation Commissioner John Keys announced today
that $100,000 of emergency drought relief has been approved for the town of
Geraldine, Mont., to help in drilling a new municipal water supply well. The
well is heavily laden with minerals and water from the spring has decreased
substantially because of persistent drought.” http://www.usbr.gov/newsroom/newsrelease/detail.cfm?RecordID=6741 Upper
San Joaquin River Basin Storage Investigation Initial Alternatives
Information Report Available July 21, 2005 “The Bureau of Reclamation and the California Department of Water Resources have made available the Initial Alternatives Information Report (IAIR) for the Upper San Joaquin River Basin Storage Investigation (Investigation). The IAIR is available online at www.usbr.gov/mp/sccao/storage/index.html click on Documents.” Public
Meetings Seek Comment on Development of Management Strategies for Lake
Powell and Lake Mead Under Low Reservoir Conditions July
22, 2005 “Public meetings will be held in Las Vegas, NV, and in Salt Lake
City, UT, on July 26 and July 28, respectively, to solicit comments on the
content, format, mechanism and analysis Reclamation should consider during
the development of management strategies for Lake Powell and Lake Mead under
low reservoir conditions.” http://www.usbr.gov/newsroom/newsrelease/detail.cfm?RecordID=6761
Statement
of Secretary Michael Chertoff (Homeland Security) Before the United States
Senate Committee On Commerce, Science and Transportation July
19, 2005 - “Chairman Stevens, Senator Inouye, and Members of the
Committee: Thank you for the opportunity to address you today, and for your
ongoing support of the Department of Homeland Security’s efforts to keep
America secure and free…” http://www.dhs.gov/dhspublic/display?content=4643 Tips
for Filing Your Flood Insurance Claim July
20, 2005 - FEMA - “Victims of Hurricane Dennis (or any natural flooding)
who have flood insurance can get their settlements faster if they follow
these tips…” http://www.fema.gov/news/newsrelease.fema?id=18090 FERC
Staff report finds no market manipulation in Midwest ISO electricity market July
21, 2005 “The Federal
Energy Regulatory Commission today terminated a preliminary investigation
into supply offers by power market participants during the Midwest
Independent Transmission System Operator (Midwest ISO) market launch,
accepting staff's conclusions that bid offers examined were the result of
market start-up and communications problems, and did not represent willful
efforts to manipulate the new electricity market.” News
at: http://www.ferc.gov/press-room/pr-current/07-21-05-A-3.asp PDF
Report at: http://www.ferc.gov/legal/ferc-regs/land-docs/miso-06-30-05.pdf Comments
Sought on Pesticide Review Process
USDA
Releases $5 Million to Restore and Protect Wetlands in 20 States Washington,
July 19, 2005 - “Agriculture Deputy Secretary Chuck Conner today announced
the availability of $5 million in the Wetlands Reserve Program (WRP) for
restoration activities in 20 states. These funds will restore and protect
nearly 40,000 acres of wetlands.” http://www.usda.gov/wps/portal/!ut/p/_s.7_0_A/7_0_1OB?contentidonly=true&contentid=2005/07/0268.xml
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Week of July 18-22, 2005 [click on headlines to be taken to articles] |
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Utah
farmers struggle to survive pitfalls of 21st-century business Summer
ends rainy reprieve Vegas
Water Wars Company
to broaden water-recycling
study California's
long, hot summer raises fears of outages Ducks
Out of Water? Genetic
discovery could lead to drought-resistant
plants Bonito
Lake down Vanishing
ciénega Acequia users take action to preserve wetland ... Recycled
H2O: Is it worth it? Whitefish
passes temporary growth moratorium Governor
praises Ag’s contribution to state economy Homeowners:
Destroy salt cedar State
officials concerned over secret water
negotiations Supreme
Court says Minot tax must be used for water
pipeline Ronan
turns on the water
restrictions Construction
companies stealing city water Utilities
board to talk water Tax
increase should be used to acquire, develop water sources Water
warriors working on peace treaty Richland
Creates New Emergency Water
Shortage Plan
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Bills Introduced in the SENATE Week of July 18-22, 2005 |
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S.
1426 OBAMA A
bill to amend the Safe Drinking Water Act to reauthorize and extend
provisions relating to contaminant prevention detection, and response; to
the Committee on Environment and Public Works. S.
1442 CLINTON A
bill to amend the Public Health Service Act to establish a Coordinated
Environmental Health Network, and for other purposes; to the Committee on
Health, Education, Labor, and Pensions. S.
1463 KERRY A
bill to clarify that the Small Business Administration has authority to
provide emergency assistance to non-farmrelated small business concerns that
have suffered substantial economic harm from drought; to the Committee on
Small Business and Entrepreneurship.
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Week of July 18-22, 2005 |
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H.R.
3330 YOUNG of Alaska A
bill to provide an extension of administrative expenses for 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
Resources, Ways and Means, and Science. H.R.
3377 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.
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Week of July 18-22, 2005 |
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Click
on Federal
Register Online to
read the full Notice AGRICULTURE.
Rural Business-Cooperative Service.
Rural Utilities Service. Renewable
Energy Systems and Energy Efficiency Improvements Grant, Guaranteed Loan,
and Direct Loan Program. Final
rule. The Rural
Business-Cooperative Service (RBS) is establishing a program for making
grants, loan guarantees, and direct loans to farmers and ranchers
(agricultural producers) or rural small businesses to purchase renewable
energy systems and make energy efficiency improvements.
This program will help farmers, ranchers, and rural small businesses
to reduce energy costs and consumption.
This rule is effective July 18, 2005.
FR 7/18/05
p.41264 NRC. Public Meeting To Discuss the Safety Evaluation Report and Final Environmental Impact Statement for the Proposed National Enrichment Facility in Lea County, NM. The Nuclear Regulatory Commission will be holding a public meeting in the Eunice Community Center, Eunice, New Mexico, on August 2nd to discuss the Safety Evaluation Report and Final Environmental Impact Statement for Louisiana Energy Services' proposed National Enrichment Facility in Lea County, New Mexico. Both documents are available on the NRC Web site at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/ FR
7/19/05 p.41441 INTERIOR.
Fish and Wildlife Service. Notice
of availability of Draft Comprehensive Conservation Plan for Lost
Trail National Wildlife Refuge, Marion, Montana.
The U.S. Fish and Wildlife Service announce that a Draft
Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for
Lost Trail National Wildlife Refuge is available. This CCP describes how the
U.S. Fish and Wildlife Service intends to manage this refuge for the next 15
years. Written comments must be
received at the postal or electronic address listed below on or before
August 19, 2005. A copy of the
Draft Plan and Environmental Assessment may be obtained from http://mountain-prairie.fws.gov/planning
FR 7/20/05
p.41786 INTERIOR.
Fish and Wildlife Service. Notice
of availability of Draft Comprehensive Conservation Plan for Lost
Trail National Wildlife Refuge, Marion, Montana.
The U.S. Fish and Wildlife Service announce that a Draft
Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for
Lost Trail National Wildlife Refuge is available. This CCP describes how the
U.S. Fish and Wildlife Service intends to manage this refuge for the next 15
years. Written comments must be
received at the postal or electronic address listed below on or before
August 19, 2005. A copy of the
Draft Plan and Environmental Assessment may be obtained from http://mountain-prairie.fws.gov/planning
FR 7/20/05
p.41786 HOMELAND
SECURITY.
Office of the Secretary. Office
of Research and Development; Proposed
Federally Funded Research and Development Center; Notice No. 3.
The Department of Homeland Security (DHS) expects to sponsor a
Federally Funded Research and Development Center (FFRDC) to address the need
for scientific research to better anticipate, prevent, and mitigate the
consequences of biological attacks. The
proposed FFRDC will be the National Biodefense Analysis and Countermeasures
Center (NBACC). This is the
third of three notices which must be published over a 90 day period in order
to advise the public of the agency's intention to sponsor an FFRDC.
The agency must receive comments on or before August 4, 2005.
FR 7/20/05
p.41777 INTERIOR.
Bureau of Reclamation. California
Bay-Delta Public Advisory Committee Charter Renewal.
Following consultation with the General Services Administration,
notice is hereby given that the Secretary of the Interior is renewing the
charter for the California Bay-Delta Public Advisory Committee. The purpose
of the Committee is to provide advice and recommendations to the Secretary
on implementation of the CALFED Bay-Delta Program.
The Committee consists of 20 to 30 members who are appointed by the
Secretary, in consultation with the Governor.
FR
7/21/05 p.42100 EPA.
National Drinking Water Advisory Council Request
for Nominations for the Working Group on Public Education
Requirements of the Lead and Copper Rule.
Notice. The EPA is
announcing the formation of a Working Group of the National Drinking Water
Advisory Council on the Public Education Requirements of the Lead and Copper
Rule (WGPE) 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 August 22, 2005.
FR
7/22/05 p.42317 INTERNATIONAL
BOUNDARY AND WATER COMMISSION, U.S. AND MEXICO.
Notice of Availability of the Final Supplemental Environmental Impact
Statement (FSEIS) for Clean Water Act (CWA) compliance at the South
Bay International Wastewater Treatment Plant in San Diego County,
CA. A copy of the FSEIS is
available at http://www.ibwc.state.gov
Written comments are requested by August 24, 2005.
FR
7/22/05 p.42379 INTERIOR.
Bureau of Reclamation. Quarterly
Status Report of Water Service, Repayment, and Other Water-Related Contract
Negotiations. Notice is
hereby given of contractual actions that have been proposed to the Bureau of
Reclamation (Reclamation) and are new, modified, discontinued, or completed
since the last publication of this notice on April 19, 2005 [see
SUPPLEMENTARY INFORMATION section in this Notice].
FR
7/22/05 p.42377
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