EPA Agrees in Lawsuit Filing That Mississippi River Nutrient Pollution Leads to Gulf Dead Zone

On May 21, the U.S. Environmental Protection Agency (EPA) filed a response in the U.S. District Court - Eastern District of Louisiana, formally answering allegations made in an amended March 13 complaint by a coalition of environmental organizations against the EPA related to nitrogen and phosphorous pollution in the Mississippi River Basin, and the associated Gulf of Mexico “dead zone.” The legal filing, although largely a formality within U.S. District Court civil lawsuit proceedings, did contain one noteworthy admission by EPA. Specifically, the agency agreed in the court filing with the environmental groups' claim in the March 13 complaint "that nutrient pollution in the Mississippi River Basin and northern Gulf of Mexico causes or contributes to a low-oxygen “dead zone” in the Gulf of Mexico; that such pollution degrades and impairs water quality; and that such pollution harms aquatic life, human health, and the economic, aesthetic, and recreational values of rivers, lakes, streams, estuaries, and coastal waters."

Background

On March 13, a coalition of environmental organizations filed two separate legal actions against the U.S. Environmental Protection Agency (EPA). The lawsuits addressed nutrient (nitrogen and phosphorous) pollution in the Mississippi River Basin, and the associated, low-oxygen hypoxic zone or “dead zone” in the Gulf of Mexico. One of the two separate lawsuits, filed with the U.S. District Court - Eastern District of Louisiana (lawsuit copy here) challenged EPA’s denial of a 2008 petition asking EPA to establish numeric water quality limits (or standards) for and stream restoration plans relating to nitrogen and phosphorous pollution. A second lawsuit, filed with the U.S. District Court - Southern District of New York (copy here) sought to compel EPA to respond to a 2007 request (or "petition") that the agency update its wastewater treatment plant water quality standards to include provisions for the removal of nitrogen and phosphorous. Copies of both lawsuit filings and associated appendices can be found on this Natural Resources Defense Council web page.

National Flood Insurance Program Extension Act Passed by Congress

Late yesterday (May 30) the House voted to pass H.R.5740, the National Flood Insurance Program Extension Act, by a voice vote, concurring with last week's Senate action, and sending the measure on to the President for his signature. The bill extends the authority of the National Flood Insurance Program (NFIP) from May 31 until July 31, 2012. The NFIP had been slated to expire today (May 31), and the extension gives Congress two more months to develop a long-term reauthorization and reform strategy for the debt-burdened NFIP; a program that provides insurance for homes and businesses in areas subject to flooding.

Upcoming Congressional Activity Related to Mississippi River Basin Water Resources

The U.S. House of Representatives is scheduled this week to consider (and almost certainly concur with) the Senate's Amendment to HR 5740 (passed out of the Senate last week), which will extend the National Flood Insurance Program two additional months from its scheduled May 31 expiration (see our full coverage of the issue here). The House may also possibly consider HR 5325, the Fiscal Year 2013 Energy and Water Development and Related Agencies Appropriations Act, which was passed out of the House Appropriations Committee on May 2. That, among other things, sets the Army Corps civil works budget.  The Senate Appropriations Energy and Water Subcommittee, for its part, had passed its version of the Energy and Water Development  appropriations bill on April 24 ( a $33.4 Billion FY 2013 spending bill ($373 M below the 2012 enacted level)).

No significant House Committee action is currently scheduled for the week.

The Senate is in recess for the week, and will reconvene next week.

Mississippi River Basin Water Resource News for the Week

~Virtual Newspaper for an Aquatic World~

National Flood Insurance Program Debate Deferred into June
On Wednesday (May 24), the U.S. Senate passed a 60-day extension of the National Flood Insurance Program (NFIP) by unanimous consent, and the House is expected to follow suit and approve the same extension during its work session next week. The intent of the simple, short-term NFIP extension bill is to provide Congress breathing room to work on a long-term reauthorization bill, since NFIP authority was due to expire at the end of this month.  Senate passage followed a flurry of negotiations that ended on Tuesday when Senate Majority Leader Harry Reid (D-NV) and Sen. David Vitter (R-LA) reached a deal on the extension and possible reform of the debt-ridden NFIP.  Under the deal, Reid committed to allowing consideration of Vitter's five-year NFIP reform bill during the Senate's June work session. On his part, Vitter agreed to drop his demand that the five-year reform bill be considered as an amendment to the Food and Drug Administration bill that was being debated this week by the Senate.

Notable @UpperMiss Twitter Postings for the Week 

Agriculture -

• Agronomist: Soil erosion in western Iowa is worst it's been in two decades http://bit.ly/MMMcDO
• New head of MN Pollution Control Agency: voluntary farmer efforts can help clean rivers; can't compel farmers to help http://bit.ly/KCayK4
• US cornfields in best shape for this time of year since 2007; Soybean & wheat planting close to complete http://bloom.bg/LxW19A
• USDA ERS: US agriculture less affected by recession than most other industries; should continue doing well http://1.usa.gov/Ko96iC
• EPA "Success Spotlight" - Clearwater River, MN -Managing Agricultural Drainage Reduces Bacteria in River http://1.usa.gov/LxWyrZ
• Upper Big Blue Natural Resources District (NE) to study options besides inhibitors to mitigate high farm nitrates http://bit.ly/LxYFff
• Attended a very nice Malthus lecture presentation http://bit.ly/LpYxuA Tuesday by U of MN's Jonathan Foley (@GlobalEcoGuy)
• USDA Secretary Vilsack: $32 M to go to water quality & wetlands projects in 7 Mississippi River Basin states http://1.usa.gov/Ko6m4R
• In-depth story about problems and solutions with soil erosion in SW Minnesota (via @DonEWG) http://bit.ly/Jng5tm
• MO farmers battling "flash drought" - quick burst of dry heat that parches plants and threatens crops http://bit.ly/KO2CHv
• MN Dept. of Agriculture to provide $20M in low-interest loans to help farmers with water pollution mitigation projects http://bit.ly/KKK8Z2
• For Midwest corn and soybean farms, government payments averaged only about 2.26% of total 2011 revenues http://bit.ly/KKNF9N

Farm Bill-

• Senate Agriculture Committee formally files its new farm bill with the full Senate chamber http://bit.ly/KKN5sq
• The Atlantic: farm bill has "a long way to go, but here's where lawmakers have found some common ground" http://bit.ly/LoLQkB
• House Agriculture Committee hears criticism of Senate Committee's Farm Bill insurance & commodity provisions http://bit.ly/K59TFB
• House Agriculture Committee Chair Lucas (R-OK): high probability that we’ll see an extension of the 2008 farm bill http://bit.ly/Ko4TLF
• Rep. Collin Peterson (D-MN-7) hosting series of farm bill meetings this week in western Minnesota http://bit.ly/K5huUD
• Rep. Collin Peterson outlines $30 billion in "likely cuts to Farm Bill" http://bit.ly/Ko5FIH (video and text)
• Senate Agriculture Committee Chair Stabenow expects farm bill to come up on the Senate floor in early June and to pass http://bit.ly/LxVu7v
• Senate Majority Leader Reid has promised floor time to Stabenow in June to try to move farm bill http://bit.ly/K7Nki8
• New release: Northeast Farm Bill Agenda: Priorities for the 2012 Farm Bill http://bit.ly/MMJkad
• DTN Washington Insider analysis of likely Farm Bill timing; Senate amendment process: http://bit.ly/LsBvUU (3rd article down)
• Sen. Majority Leader sets ambitious agenda for month after Memorial Day recess; includes Farm Bill & flood insurance http://bit.ly/JA44lM

Water Quality -

• Cost to prevent raw sewage from discharging into Kansas City, MO area streams projected at $1.3 billion http://bit.ly/JmPdtL
• West St. Paul, MN considers ban on coal tar-based asphalt sealer to reduce PAHs in stormwater http://bit.ly/Ly0KYS
• EPA proposes new rules applying to stormwater running off logging roads http://bit.ly/JA2twr

Water Resource Management (Floodplains, Dams, Navigation, Wetlands, Flooding, etc.) -

• National Crop Insurance Services releases crop insurance educational video highlighting 2011 Missouri river flood http://bit.ly/Ko8sSc
• Sen. Vitter (LA) announcement on Senate's National Flood Insurance Program deal http://1.usa.gov/Jf6LmA
• US Senate approves a 60-day flood insurance extension; House expected to follow suit next week; reform debate in June http://bit.ly/KKPwLE
• EPA opposes proposed wetlands-filling permit for Louisville Gas and Electric coal-burning waste site (KY) http://cjky.it/KCcnqB

In the States -

• Environmental inspections by the WI DNR dropped sharply during the first year of Gov. Scott Walker's administration http://bit.ly/LxZHYI

Biodiversity, Wildlife and Invasives -

• Scientific American: Northern MN moose population decline due to climate change; preventing extinction problematic http://bit.ly/KO1BPJ

Gulf Coastal Area-

• Washington Post article on climate and sea level adaptation challenges facing Louisiana’s Highway 1 (coastal) http://wapo.st/xgsfO9
• New (April) National Coastal Condition Reports describe ecological & environmental conditions in US coastal waters 1.usa.gov/KjLfk9
• Plaquemines Parish, LA to build a $1.5M, 40-acre barrier island to protect and help rebuild Cat Island http://bit.ly/KO3iMU

Resource Extraction -

• Environmental groups: Ohio governor's proposed fracking law fraught with loopholes http://bit.ly/Ly16yA and http://bit.ly/Lyma8b
• Environmental groups have major concerns about proposed OH fracking legislation http://bit.ly/KO2asT
• OH lawmakers rush to finish shale gas regulations despite complaints of laxness from environmental groups http://bit.ly/KCc1QA
• Keystone pipeline opponents file lawsuit challenging Nebraska's new oil pipeline review law http://usat.ly/KCcLVV

Federal Budget -

• Senate Majority Leader Reid sees no way to reach bipartisan agreement on deficit or taxes before November elections http://bit.ly/Ko9JZj

Events-

• Community Forestry Webinar, June 5,  12-1pm (EDT); Role of Trees and Forests in Managing Municipal Stormwater http://bit.ly/MDnc1L
• EPA free Webinar: Stormwater, Coal-Tar Sealcoat, and Polycyclic Aromatic Hydrocarbons; June 14 http://bit.ly/MMJuOM

e-Newsletters, Publications and Journals -

• EPA’s Nonpoint [Water Contamination] Source News-Notes, Issue #91 (May 2012) now available at this link: http://1.usa.gov/KjHpHN
• Tennessee Clean Water Network's May 22 e-newsletter http://bit.ly/L2APpu
• Great Lakes and Mississippi River Interbasin Study (GLMRIS) newsletter published (aquatic invasive species): http://bit.ly/MMLAOE (PDF) 

Other news-

• Study: even if we stabilize climate, sea level rise may occur simply due to how we use fresh water http://bit.ly/Mzalhj
• Midwestern Governors Association launches video contest to draw attention to region's unique qualities http://bit.ly/KO3ThM (water anyone?)
• Article on moving beyond superficial Rust Belt chic to real & sustained growth (via @hdentinger) bit.ly/KLi4YY
• New Orleans Regional Planning Commission to receive 2 $200,000 brownfields grants from USEPA http://1.usa.gov/JA1EDI
• St. Louis Development Corp to receive $400,000 in brownfields funds for hazardous substance; petroleum studies http://1.usa.gov/MMKpyT

Political Scene - 

• NY Times Magazine: "How Did Wisconsin Become the Most Politically Divisive Place in America?" http://nyti.ms/LIc3O8
• House incumbents win in easy Kentucky and Arkansas primary victories http://politi.co/Ko0jx6
• Attorney and GOP rising star Tom Cotton wins solid victory in Arkansas’ 4th House district Republican primary http://bit.ly/KnZbth
• Tea-party-affiliated Thomas Massie wins  4th district House GOP primary to replace retiring Rep. Geoff Davis (R) http://bit.ly/KRE0xT

Last Word - On May 29, the Presidential Medal of Freedom will be awarded to (among others) singer-songwriter Bob Dylan.  So, in this week's musical "Last Word" we feature an acoustic Bob Dylan performing "The Times They Are A-Changin'" in a video of his first-ever performance at the White House (February 10, 2010). 

And in case you'd like to sing along while you sip your coffee or sit at your desk, here are the lyrics to this visionary work~

Come gather 'round people

Wherever you roam

And admit that the waters

Around you have grown

And accept it that soon

You'll be drenched to the bone

If your time to you

Is worth savin'

Then you better start swimmin'

Or you'll sink like a stone

For the times they are a-changin'.

Come writers and critics

Who prophesize with your pen

And keep your eyes wide

The chance won't come again

And don't speak too soon

For the wheel's still in spin

And there's no tellin' who

That it's namin'

For the loser now

Will be later to win

For the times they are a-changin'.

Come senators, congressmen

Please heed the call

Don't stand in the doorway

Don't block up the hall

For he that gets hurt

Will be he who has stalled

There's a battle outside

And it is ragin'

It'll soon shake your windows

And rattle your walls

For the times they are a-changin'.

Come mothers and fathers

Throughout the land

And don't criticize

What you can't understand

Your sons and your daughters

Are beyond your command

Your old road is

Rapidly agin'

Please get out of the new one

If you can't lend your hand

For the times they are a-changin'.

The line it is drawn

The curse it is cast

The slow one now

Will later be fast

As the present now

Will later be past

The order is

Rapidly fadin'

And the first one now

Will later be last

For the times they are a-changin'.

Senate Settles National Floodplain Insurance Program Impasse-Putting Off Debate Until June

Late this morning (May 23) Senate Majority Leader Harry Reid (D-NV) and Sen. David Vitter (R-LA) reached a deal on the extension and possible reform of the debt-ridden National Flood Insurance Program (NFIP), which is due to expire at the end of this month. Under the deal, Reid committed to allowing consideration of Vitter's five-year NFIP reform bill during the Senate's June work session. On his part, Vitter agreed to drop his demand that the five-year reform bill be considered as an amendment to the Food and Drug Administration bill currently being debated by the full Senate (see our earlier story on the impasse surrounding the FDA bill).

A spokesperson for Vitter indicated that the Senate is now likely extend NFIP before leaving town at the end of this week. The House has already passed a simple NFIP extension bill.

Fate of National Flood Plain Program Reauthorization Linked to Senate FDA Bill

The fate of FEMA's National Flood Plain Program (NFIP), the authority for which expires at the end of this month, seems to hinge on an FDA bill up for Senate consideration this week.  But whether the Senate goes along with a short-term extension, or opts for a longer extension (until 2016) and reform of the NFIP depends on which (if any) FDA bill NFIP amendements are considered. Senate majority leader Harry Reid, (D-NV) has urged his colleagues to pass S 2344, a bill sponsored by Sen. David Vitter (R-LA)  and Sen. Jon Tester (D-MT) that would extend the flood insurance program through the end of 2012.  The intent of the simple, short-term NFIP extension bill is to provide Congress breathing room to work on a long-term reauthorization bill.  However, Oklahoma Republican Sen. Tom Coburn has blocked attempts at a simple extension, saying, instead, that the Senate should opt now for a five-year NFIP reform bill, which among other things includes a provision to phase out subsidized insurance premiums on vacation and second homes. “We can’t afford $900 million a year in subsidies to the very wealthy in this country for their second or vacation homes,” Coburn has argued. Yesterday, Vitter introduced an FDA bill amendment more in line with Coburn's desires; one that would extend the NFIP through 2016 and make several reforms to the program (see a related article from The Hill here).

Vitter's extension and reform amendment closely tracks the provisions of a House bill passed last July 12, H.R. 1309, the Flood Insurance Reform Act of 2011.  Last week, the House added another NFIP bill to the mix, passing a 30-day extension measure that would keep the program running through June 30: the National Flood Insurance Program Extension Act (HR 5740). HR 5740 would extend NFIP authority one additional month until June 30. The bill (introduced by Rep. Judy Biggert (R-IL-13)) would also require FEMA and the Comptroller General to each conduct a study to assess "options, methods, and strategies for privatizing the national flood insurance program," and "for offering voluntary community-based flood insurance policy options."

Mississippi River Basin Water Resource News for the Week

~Virtual Newspaper for an Aquatic World~

FEMA to Evaluate Potential Modifications to National Flood Insurance Program - Solicits Public Comment
The Federal Emergency Management Agency ("FEMA") announced in the May 16 Federal Register that it intends to prepare what it calls a "Programmatic Environmental Impact Statement" on modifications it is proposing to the National Flood Insurance Program (NFIP). Specifically, FEMA is considering NFIP modifications that could potentially impact, FEMA indicates, "environmental and historic preservation considerations including but not limited to climate change, and the impacts of the program on endangered and threatened species and critical habitat." The changes being considered by FEMA would result in modification of the following NFIP elements:

1. Elevation standards for new construction would be increased, 
2. Floodplain management standards for critical facilities would be changed, 
3. Restrictions on floodway development would be strengthened, 
4. Future conditions and residual risk in floodplain management would be integrated, 
5. Fill in floodplains would be discouraged, and 
6. The impacts of floodplain development on the natural and beneficial functions of floodplains to include endangered and threatened species would be taken into account. 

You can read more details, and find instructions for submitting public comments on the changes being considered, here.

National Flood Insurance Program Extension Bill Passed by the House
In other action related to the NFIP, on May 17, the House passed the National Flood Insurance Program Extension Act (HR 5740), which would extend NFIP authority one additional month, from May 31, 2012 when it is currently set to expire, until June 30.  The bill (introduced by Rep. Judy Biggert (R-IL-13)) would also require FEMA and the Comptroller General to each conduct a study to assess "options, methods, and strategies for privatizing the national flood insurance program," and "for offering voluntary community-based flood insurance policy options."

Such a one-month extension would arguably give the Senate additional time, as it continues to consider whether to move forward with a five-year flood insurance program reform approach being advocated by Sen. David Vitter (R-LA), whose efforts have largely stalled in the Senate (see our earlier article on Senate NFIP action here).  He and Sen. Jon Tester (D-MT) have co-sponsored a simple, short-term NFIP extension bill (S. 2344) that would reauthorize the program through the end of 2012, providing Congress breathing room to work on a long-term reauthorization bill.  No action has been scheduled on that bill in the Senate, although with that chamber scheduled to recess for the Memorial Day week, some Senate movement to extend NFIP authority is anticipated next week. Vitter has hinted that he will attempt to amend his NFIP five-year reauthorization and reform plan into legislation scheduled for debate next week in the Senate on U.S. Food and Drug Administration user fees.

Notable @UpperMiss Twitter Postings for the Week

Agriculture -

• Farmland values rise with crop prices according to KC Fed Agricultural Credit Survey http://bit.ly/JCTTK2
• Frequent Floods Force Farmers to Rethink Age-Old Practices http://bit.ly/JLtZmT
• Current farming practices  need to be altered to "stop the rampant spread of 'super weeds'" http://bit.ly/JvRinU
• NRCS Agriculture Water Enhancement Program funding available for Minnesota farmers & landowners  http://bit.ly/KojIM1

Farm Bill-

• You can send the House Ag committee your Farm Bill ideas at this link (half way down this page) http://1.usa.gov/JhvHcz deadline May 20!
• Bipartisan group of 44 senators' letter to Senate leaders calls for Farm Bill consideration on floor ASAP http://bit.ly/K0KtWl
• Sen. Stabenow: Senate Majority Leader Reid committed to bringing farm bill up on Senate floor & doing so in short order http://bit.ly/Koh1tY
• Denver Post op-ed:  "Looking for a bright spot in the U.S. economy? The farm belt is it." No Federal subsidies  needed. http://bit.ly/Jzhbj2
• Appears to be little interest in Senate in adding conservation compliance provision to Farm Bill; even less in House http://bit.ly/KYyIzI
• Lawmakers unlikely to limit crop insurance subsidies or tie them to conservation http://bit.ly/KHWOlD
• National Corn Growers Association, others, send letter to House Ag leaders stressing importance of crop insurance http://bit.ly/KYyp88
• Prairie Rivers Network op-ed in Chicago Tribune on Farm Bill conservation compliance: http://trib.in/JCTpUb
• Hunting and angling groups tell House Agriculture Committee leaders to adopt a strong Farm Bill sodsaver provision http://bit.ly/KYyXLd
• Sens. Coburn (R-OK) & Durbin (D-IL) to offer Senate farm bill  amendment to cap crop insurance subsidies; 1/2 way into: http://bit.ly/KCthtz
• House Agriculture Subcommittee holds 2-day Farm Bill hearing on crop insurance; testimony: http://1.usa.gov/JgM5AA & http://1.usa.gov/KHTUx9
• Farm Bill commodity debate to likely result in House-Senate conference committee reconciliation later down the road http://bit.ly/KHXPtL

Water Quality -

• Agricultural Retailers Association: Potential Implications Of The Mississippi River Basin Nutrient Criteria Lawsuit http://bit.ly/Koi4tZ
• Agricultural Retailers Association Regulatory Update: "A Pollution Diet for the Gulf of Mexico?" http://bit.ly/JcXRv5
• USF study: Common fungicide wreaks havoc on freshwater ecosystems e! Science News http://j.mp/JJ0oLn

Water Resource Management (Floodplains, Dams, Navigation, Wetlands, Flooding, etc.) -

• New Natural Resources Defense Council/Rocky Mountain Climate Org report says Midwest floods are increasing http://dmreg.co/JRTjI0
• FEMA to prepare Programmatic Environmental Impact Statement on proposed National Flood Insurance Program changes http://1.usa.gov/JLAvKt
• 2012 list of America’s Most Endangered Rivers released; includes Missouri & Kansas Rivers in Mississippi basin http://bit.ly/Jt1fmc
• New RFF report on water resource management: "Managing Water: Governance Innovations to Enhance Coordination" http://bit.ly/LK3vmc
• Hydroelectric company abandons plans for five plants on the Upper Mississippi River http://bit.ly/Kn58a9
• Army Corps to allow free use of Missouri River water with permits to oil drillers and other industrial users http://bit.ly/Kn6fXi
• Rep. Noem introduces bill to require Army Corps to do better at notifying public of high Missouri River flows http://argusne.ws/Kn6rWI
• National environmental group ranks Missouri River as 1 of 10 US rivers facing significant policy decisions in next year http://bit.ly/KYA8tV
• The Guardian: American rivers under threat - interactive map alturl.com/rvngc
• House votes to extend National Flood Insurance Program until 6/30/12; bill: 1.usa.gov/J3w8Je  (news article: http://bit.ly/KI4GDB)

In the States -

• MN 2012 Legislature "long on rhetoric and short on results" http://bit.ly/IXqaMw
• Judge effectively upholds MN's existing sulfate water quality standard in rivers and lakes holding wild rice beds http://bit.ly/JvsQjH
• Ohio Senate approves horizontal drilling rules; Critics say bill ignores disposal of fracking wastewater http://bit.ly/JvOqaQ

Forestry -

• New MN Forest Resources Council factsheet provides overview of guidelines for responsible forest biomass harvesting http://bit.ly/J8nX21
• WI 100 sq mile forest conservation deal sets size record; straddles 4 counties & Great Lakes & Mississippi River basins http://bit.ly/JixFiH

Biodiversity, Wildlife and Invasives -

• Map of Life goes live: interactive  online mapping tool streamlines global species diversity and distribution http://bit.ly/IMYjzU
• MSNBC: Report: Global biodiversity down 30 percent in 40 years http://alturl.com/cniyf
• Biologists puzzled about why large cormorant flocks suddenly disappeared from twin city area's 2nd-largest lake (MN) http://bit.ly/JvO4Rj

Gulf Coastal Area-

• Louisiana House Committee unanimously approves 2012 Coastal Louisiana Master Plan http://bit.ly/K8jJ73

Resource Extraction -

• House committee issues 2nd subpoena over planned Interior Dept Appalachian coal-mining rules http://bit.ly/KlKuZm & http://bit.ly/KlKBUC
• The U.S. Midwest sees a fracking sand mining rush http://on.wsj.com/Jvov0b
• American Petroleum Institute's Gerard: OH should adopt public policies to encourage development; not "over-regulate" http://bit.ly/Mcauqz
• Fracking prospects bring land rush across several southern Illinois counties http://bit.ly/JvuwtE
• ND has largest continuous oil deposit in lower 48 states; oil boom expected to last unless fracking is limited http://bit.ly/Jt522T
• Reuters: Shale oil costs at crossroads-Peak, pause or plummet?  http://reut.rs/Kw0bgv

Federal Budget -

• House Speaker Boehner announcement signals that Republicans are prepared for end-of-year fiscal brinkmanship http://on.wsj.com/JsLWd5
• Senate formally rejects President's $3.8 trillion FY 2013 budget request, along with series of GOP alternatives http://wapo.st/KohKv7
• House Republicans working on plan aimed at lifting House ban on earmarks early next year http://bit.ly/KHW1kF

Events-

• Water Infrastructure Summit: "Building a 21st Century Smart Water Infrastructure," May 18,  Washington, DC  ($200) http://bit.ly/LK4Hpw
• Course Registration Open: Implementing Green Infrastructure at Multiple Scales; July 16-19, Shepherdstown, WV ($175) http://bit.ly/JLsCo7
• Registration open for 6th National Conference & Expo on Coastal & Estuarine Habitat Restoration, Oct 20-25, Tampa FL http://bit.ly/LgdhA0

e-Newsletters, Publications and Journals -

• The Horinko Group's latest sustainability e-newsletter: http://bit.ly/LK5aYT
• River Action's quarterly publication on river happenings on the Mississippi in the greater Quad Cities area http://bit.ly/JTiMSs
• EDF's latest edition of "Delta Dispatches" is online with latest news on Coastal Louisiana restoration - http://bit.ly/KTZwUA

Other news-

• The world is not enough: soon people will need three planet Earths to sustain current consumption rates http://bit.ly/KYzP2n
• Globally, water policy needs 'radical' change to protect people and environment http://bit.ly/KwKmoP

Political Scene -

• Freshman Rep. Landry will face off vs 4-term Rep. Boustany in Louisiana's GOP primary for redrawn 3rd US House district http://bit.ly/J8nkWm
• NE state Sen. Deb Fischer pulls upset in GOP US Senate primary; now favorite in general election http://politi.co/JcUKDg & http://bit.ly/LPVdcn
• Public Policy Polling shows WI Gov. Walker (R) up five points in his recall election (3rd question down) http://bit.ly/JLROuU
• Fargo Forum poll shows Rep. Berg (R-ND) leading former Attorney General Heitkamp (D) 51 to 44% in ND open Senate race http://bit.ly/JRRvPc

Last Word - "The most savage controversies are those about matters as to which there is no good evidence either way." - Bertrand Russell, English philosopher, mathematician and Nobel Prize recipient, who was born on this date in 1872.

FEMA to Evaluate Potential Modifications to National Flood Insurance Program - Solicits Public Comment

The Federal Emergency Management Agency ("FEMA") announced in the May 16 Federal Register that it intends to prepare what it calls a "Programmatic Environmental Impact Statement" (or "PEIS") on modifications it is proposing to the National Flood Insurance Program (NFIP). Specifically, FEMA is proposing to modify the NFIP, and those modifications could then impact, FEMA indicates, "environmental and historic preservation considerations including but not limited to climate change, and the impacts of the program on endangered and threatened species and critical habitat." The changes being considered by FEMA would result in modification of the NFIP in the following specific areas:

1. Elevation standards for new construction would be increased
2. Floodplain management standards for critical facilities would be changed
3. Restrictions on floodway development would be strengthened
4. Future conditions and residual risk in floodplain management would be integrated
5. Fill in floodplains would be discouraged, and
6. The impacts of floodplain development on the natural and beneficial functions of floodplains to include endangered and threatened species would be taken into account.

Comments on the FEMA proposal may be submitted either through the Federal eRulemaking Portal:http://www.regulations.gov, or by first class mail to: Regulatory Affairs Legal Division, Office of Chief Counsel, Federal Emergency Management Agency, Room 835, 500 C Street, SW., Washington, DC 20472-3100. Comments must be submitted by July 16, 2012, and should be identified by Docket ID FEMA-2012-0012.

The NFIP was created by the National Flood Insurance Act of 1968. Under the Federal program, property owners in NFIP participating communities may purchase insurance as a protection against flood losses in exchange for State and community adoption and implementation of land use criteria that reduce future flood damages. In addition to providing flood insurance and reducing flood damages through floodplain management regulations, the NFIP identifies and maps the Nation’s regulated floodplains. FEMA contends that mapping flood hazards creates a "broad-based awareness of flood hazards and provides data needed for floodplain management programs and to actuarially rate new construction for flood insurance."  Additional information about FEMA's NFIP Reform effort can be found at this FEMA web site.

Key Congressional Hearings and Meetings for the Upcoming Week

Here are the currently scheduled hearings and meetings this week in the U.S. House and Senate that are of particular relevance to Mississippi River Basin water resource issues, along with links to the respective hearing or subcommittee web page (all times are Eastern):

• House Agriculture Committee Subcommittee on General Farm Commodities and Risk Management  2012 Farm Bill hearing on Commodity Programs and Crop Insurance; Wednesday, May 16 and Thursday, May 17;10 AM (both days); room 1300 Longworth House Office Building
• Senate Appropriations Committee Interior, Environment and Related Agencies Subcommittee hearing on the Fiscal Year 2013 Budget Request for the Environmental Protection Agency; Wednesday, May 16; 10:30 AM, room 124 Dirksen Senate Office Building
• House Agriculture Committee Subcommittee on Conservation, Energy, and Forestry 2012 Farm Bill hearing on Energy and Forestry Programs; Friday, May 18, 9:30 AM; room 1300 Longworth House Office Building

Mississippi River Basin Water Resource News for the Week

~Virtual Newspaper for an Aquatic World~

National Flood Insurance Program Extension and Reform Take Center Stage in Senate Hearing
The Senate Banking, Housing and Urban Affairs Committee's Economic Policy Subcommittee held a hearing on May 9 focused on the reauthorization and reform of the National Flood Insurance Program (NFIP), when panel members were told by a series of insurance, real estate, and environmental representatives that the debt-laden program was in dire need of reform and extension before its current authority expires on May 31. Read details and find more links here.

USDA Announces New National Water Quality Initiative-Over Five Dozen Watersheds Targeted in Mississippi Basin
On May 8, U.S. Department of Agriculture (USDA) Secretary Tom Vilsack announced the launch of the agency's new National Water Quality Initiative; a program that USDA describes as an effort to improve between one and seven "impaired watersheds in every U.S. state and territory." Under the Initiative, USDA's Natural Resources Conservation Service (NRCS) will make at least $33 million in financial assistance available to farmers, ranchers and forest landowners during the current (2012) Fiscal Year to implement conservation practices that help improve water quality in targetted watersheds. The funding that will defer part of the landowner's cost of the conservation practices will be made available through NRCS's Environmental Quality Incentives Program (EQIP), a Farm Bill Conservation Title program.  Nationally, a total of 157 watersheds in 44 states have been selected by USDA for the grant money under the Iniative. Sixty-two of those watersheds are located within the Mississippi River basin and Coastal Louisiana region.  You can read more detail on our blog, USDA's National Water Quality Initiative press release and the program web site.

Notable @UpperMiss Twitter Postings for the Week  
Agriculture -

• Billings Gazette: As prices rise, farmers, USDA back off conservation reserve program http://bit.ly/L8zPkF
• USDA Secretary Vilsack announces new National Water Quality Initiative http://1.usa.gov/JvYgop media release: http://1.usa.gov/JvYmfJ
• NRCS chief promises wetland solution for frustrated Red River Valley farmers  http://bit.ly/JkviZQ
• Here is a good information-rich overview of 2012 research activity at USDA's Beltsville MD Agricultural Research Center http://bit.ly/KO7fAF

Farm Bill-

• Senate Agriculture Committee provides updated 17-page summary of its version of the Farm Bill http://bit.ly/IM4R0c (pdf file)
• Rep. Crawford (R-AR) urges http://bit.ly/IM5MxV constituents to submit US farm policy suggestions by 5/20 online at  http://1.usa.gov/IM5dnR
• Des Moines Register editorial board opinion piece on Senate Agriculture Committee's farm bill http://dmreg.co/L8xWEO
• Tasks that "Congress can't avoid" include National Flood Insurance Program reauthorization and Farm Bill http://bit.ly/LocDzg
• American Soybean Association urges Senate consideration of Farm Bill as quickly as possible http://bit.ly/JP6f2f
• Farm org coalition asks Senate leaders to bring Farm Bill to the Senate floor as soon as possible http://bit.ly/IM3yyq (PDF of letter)
• Minneapolis Star Tribune editorial on the Farm Bill and crop insurance http://bit.ly/JXoAYr
• House Agriculture Subcommittee focuses on Specialty Crop & Nutrition Programs during Farm Bill hearing http://1.usa.gov/JRvg8o
• Republicans for Environmental Protection op-ed on Senate Agriculture Committee's Farm Bill subsidies http://bit.ly/JvZrUX
• Senator John Thune (R-SD): clock is ticking and there is a sense of urgency for action to take place on the farm bill http://bit.ly/LWRKLJ
• House Agriculture Committee schedules four additional Farm Bill hearings for next week: http://1.usa.gov/ic3N6f
• USDA official - Senate version of a new Farm Bill deserves rapid passage as a fair program that will benefit producers http://bit.ly/LWTuVb

Water Quality -

• Farm groups seek to intervene in lawsuit vs EPA re: Mississippi River Basin state numeric nutrient H2O quality standards http://bit.ly/JEgB2y
• Agribusinesses  asked to intervene in Mississippi River Basin water quality standards suit http://bit.ly/IFs1TD
• Activists irked by EPA delay on model for Illinois River (Oklahoma) water quality http://bit.ly/IFsmFK

Water Resource Management (Floodplains, Dams, Navigation, Wetlands, Flooding, etc.) -

• Sen. Vitter and advocacy groups press Senate on 5-year extension of flood insurance program http://bit.ly/IKIB8s
• National Assoc of Realtors President: long-term extension of National Flood Insurance Program before May 31 "critical" http://bit.ly/KFwzhK
• Sen. Tester: Another extension of National Flood Insurance Program likely before current authorization expires on May 31 http://bit.ly/KFvOFF
• Tasks that "Congress can't avoid" include National Flood Insurance Program reauthorization and Farm Bill http://bit.ly/LocDzg

In the States -

• Former Wisconsin Dept of Natural Resource secretaries criticize DNR's current leadership http://bit.ly/JkwVXk

Biodiversity, Wildlife and Invasives -

• NFWF and USDA NRCS Conservation Partners Program funding available to optimize wildlife conservation on private lands http://bit.ly/x6mviR
• Aquatic invasive species electric barrier between Mississippi and Great Lakes basins had 13-min power outage last week http://trib.in/J9ikkT
• Army Corps to quicken pace of Mississippi-Great Lakes Asian carp study ~ to come up with solution options next year http://on.wsj.com/IHUZpE
• Army Corps' report on Asian carp put off until after options are released by 2013 http://trib.in/LORRsP
• MN invasive species fines soon will double http://bit.ly/J8BMvq

Resource Extraction -

• Ohio legislative committee approves new horizontal oil and gas drilling rules amid a shale exploration boom http://ohne.ws/Jbv6Mf
• Federal threat prompts KY to issue emergency rule demanding larger coal surface mining reclamation bonds http://cjky.it/IKKZMh
• 24 states have considered at least 127 bills dealing specifically with hydraulic fracturing in 2012 so far http://bit.ly/KLYCGN

Federal Budget -

• House Budget Committee moves GOP bill to replace $78 B in automatic defense cuts with $261 B in domestic spending cuts http://bit.ly/JTBiKi (then on Thursday the bill was passed by the full House; see next article)
• House votes to replace steep cuts to Pentagon with spending cuts to food stamps; other mandatory social programs http://bit.ly/JldX2Z

Events-

• Webinar: The Farm Bill and the Mississippi River: a Long and Complex Relationship; May 17; 430 PM EDT; 330 CDT http://bit.ly/K1Npk2
• Save the date: Upper Mississippi River Conference; Sept 26-28, Moline, IL registration soon available here: www.riveraction.org
• EPA Webinar: Responding to Climate Change through Coastal Habitat Restoration; May 15, 3 PM EDT http://bit.ly/JsmGQk
• 3rd Annual Malthus Lecture-How can we feed a growing world and still sustain the planet; May 22, Washington, DC http://bit.ly/LpYxuA
• IL Cache River Nature Fest, Sat 5/12 8am-4pm Cypress Creek Refuge; Canoe tours, bike trips, hikes http://bit.ly/K1Mtfw

e-Newsletters, Publications and Journals -

• Association of State Floodplain Managers latest e-newsletter edition: http://bit.ly/JZ0lg5
• MO Coalition for the Environment's Vision for a Land, Water, and Economic Ethic in the Upper Mississippi River Basin http://bit.ly/JiDJpH
• Tennessee Clean Water Network's latest e-newsletter edition is out http://bit.ly/IN2cn2

Other news-

• Ozark nature groups receive $77,021 to create environmental mentoring communities in local areas http://1.usa.gov/JdPv6P
• RT @gregseitz: St. Croix Valley group exploring National Heritage status - http://bit.ly/J54Mk4

Political Scene -

• IL GOP leaders select 4 candidates to vie for nomination to replace retiring US Rep. Johnson (IL-15) http://bit.ly/JTCnBS
• Indiana state Treasurer Richard Mourdock defeats Sen. Lugar in Indiana GOP US Senate primary http://bit.ly/IWkBA6
• Milwaukee Mayor Barrett to be Democratic opponent in WI gubernatorial recall race vs. GOP Gov. Scott Walker http://politi.co/KanLiV

Last Word - "Unfortunately, we have an increasing number of legislators in both parties who have adopted an unrelenting partisan viewpoint.  If that attitude prevails in American politics, our government will remain mired in the dysfunction we have witnessed during the last several years."  - Incumbent U.S. Senator Richard Lugar (R-IN) in a lentghy (1,425-word) concession statement released following his Tuesday primary election defeat to Indiana state Treasurer Richard Mourdock (full text available here).

National Flood Insurance Program Extension and Reform Take Center Stage In Senate Hearing

The Senate Banking, Housing and Urban Affairs Committee's Economic Policy Subcommittee held a hearing on May 9 focused on the reauthorization and reform of the National Flood Insurance Program (NFIP), when panel members were told by a series of insurance, real estate, and environmental representatives that the debt-laden program was in dire need of reform and extension before its current authority expires on May 31.

Witnesses at the hearing included representatives from the Missoula County, Montana, North Lafourche Conservation Levee and Drainage District, Raceland, Louisiana, Property and Casualty Insurers Association of America, Correll Insurance Group, National Association of Realtors, and The Nature Conservancy. Real estate and insurance representatives in particular stressed the need for long-term extension to help provide market planning and insurance certainty, thus avoiding what they view as disruptions in real estate markets. While also supporting the five year NFIP reauthorization currently being considered by the Senate (the Flood Insurance Reform and Modernization Act of 2011; S. 1940), The Nature Conservancy's Sarah Murdock also stressed that subsidized insurance rates facilitate development and rebuilding (following catastrophes) in coastal zones and in freshwater floodplains, putting people and property at risk. Murdock noted that there are "cost-effective solutions to protect people from the impacts of increased extreme precipitation and coastal storm intensity," including the preservation, enhancement and restoration "of the natural systems that already deliver critical protection from sea level rise, storm surge, and coastal and inland flooding." Copies of all of the witnesses' written testimony are available on the Committee hearing web site.

Short-term extension likely
Subcommittee Chair and Ranking Members Sens. Jon Tester (D-MT) and David Vitter (R-LA), respectively, said they empathized with the long-term extension desires of all of those testifying at the hearing. Vitter noted, "Unfortunately, we have been on a path the last few years of just barely hobbling along, using a band-aid approach to extend this necessary program just a little bit at a time." In his opening statement, however, Tester conceded that while "we cannot take our focus away from passing a long-term reauthorization and reform bill, it is also clear that we will need a short-term extension in order to continue our work in getting a long-term reauthorization and reform bill across the finish line." Tester and Vitter have co-sponsored a short-term NFIP extension bill (S. 2344) that would extend the program through the end of 2012, providing Congress with room to work on a long-term reauthorization bill.  No action has been scheduled on that bill in the Senate.

USDA Announces New National Water Quality Initiative

Includes 62 Mississippi River Basin - Coastal Louisiana Watersheds

Yesterday (May 8) U.S. Department of Agriculture (USDA) Secretary Tom Vilsack announced the launch of the agency's new National Water Quality Initiative; a program that USDA describes as an effort to improve between one and seven "impaired watersheds in every U.S. state and territory." Under the Initiative, USDA's Natural Resources Conservation Service (NRCS) will make at least $33 million in financial assistance available to farmers, ranchers and forest landowners during the current (2012) Fiscal Year to implement conservation practices that help improve water quality in targetted watersheds. The funding that will defer part of the landowner's cost of the conservation practices will be made available through NRCS's Environmental Quality Incentives Program (EQIP), a Farm Bill Conservation Title program.

Nationally, a total of 157 watersheds in 44 states have been selected by USDA for the grant money under the Iniative. USDA noted that the watersheds were selected in partnership with state agencies, NRCS State Technical Committees and others. Sixty-two watersheds are located within the Mississippi River Basin and Coastal Louisiana region.  A listing of those 62 watersheds follows this article.  A map of all 157 selected watersheds is available here (NOTE-a large file) and a complete list of watersheds can be found here. Both are PDF files. The Initiative will  focus on watersheds sized between 10,000 and 40,000 acres, since those are the watersheds where NRCS believes conservation efforts can result in measurable improvements to water quality.

Applications for the grant moneys under the Initiative will be accepted by USDA starting on May 18.  Although NRCS will accept Initiative grant applications on a continuous basis throughout the year, to be considered for this (2012) fiscal year's funding opportunity, applications must be submitted by June 15.

You can read the entire USDA press release concerning the National Water Quality Initiative here, and can find more details regarding the Initiative and how to submit a grant application on the program web site, here.

Mississippi River - Coastal Louisiana Watersheds Included in USDA's National Water Quality Initiative

State	Name of 8-Digit HUC	Name of 12-Digit HUC	Number 12-Digit HUC
AR	Bayou Bartholomew	Jacks Bayou	80402050302
AR	Bayou Bartholomew	Upper Deep Bayou	80402050303
AR	Bayou Bartholomew	Lower Deep Bayou	80402050304
CO	Arkansas Headwaters	Deweese Reservoir	110200011213
IA	Upper Chariton	Lower South Fork CharitonRiver	102802010108
IA	North Raccoon	Wall Lake Inlet	71000060401
IA	Lake Red Rock	Badger Creek	71000080402
IL	Vermilion	Lake Vermillion-North Fork Vermilion River	51201090806
IL	Lower Wabash	Crooked Creek-Bonpas Creek	51201130403
IL	Lower Kaskaskia	Douglas Creek	71402040603
IN	Eel	Silver Creek	051201040501
IN	Patoka	Ell Creek	051202090405
IN	Upper White	Eagle Creek Reservoir-Eagle Creek	051202011108
KS	Big	Big Creek	102600070305
KS	Little Arkansas	Emma Creek	110300120402
KS	Delaware	Grasshopper Creek	102701030202
KY	Lower Cumberland	Bennettstown-Little River	051302050505
KY	Lower Kentucky	Clarks Run	051002050505
KY	South Fork Licking	Headwaters Hinkston Creek	051001020302
LA	Mermentau	Indian Bayou	80802020101
LA	Lower Ouachita	Lake Louis	80402070303
LA	Tangipahoa	East Fork Big Creek	80702050202
LA	Tangipahoa	Big Creek	80702050203
MN	Blue Earth	*Elm Creek	070200090907
MN	Middle Minnesota	Sevenmile Creek	070200071103
MN	Chippewa	Chippewa River	070200051105
MO	Spring	Kyle Creek- North Fork Spring River	110702070202
MO	Lower Grand	Lower Little Medicine Creek	102801030103
MO	South Fabius River	Upper Troublesome Creek	71100030202
MS	Tippah River	North Tippah Creek	80302010502
MT	Upper Yellowstone Big Lake	Limestone Creek	100700050202
MT	Upper Yellowstone Big Lake	Rosebud	100700050406
NE	Salt	Holmes Creek	102002030301
NE	Salt	Cottonwood Creek	102002030701
NE	Middle Big Blue	Upper Cub Creek	102702020302
NE	Middle Big Blue	Outlet Big Indian Creek	102702020506
ND	Spring Creek		101302010908
ND	Spring Creek		101302010909
NY	Conewango	Ball Creek-Chautauqua Lake	050100020204
NY	Conewango	Bemus Creek-ChautauquaLake	050100020206
NY	Conewango	Chadakoin River-Chautauqua Lake	050100020207
OH	Sugar Creek	East Branch South Fork Sugar Creek	50400011002
OH	Tuscarawas	Tommy Run-Chippewa	50400010205
OK	Black Bear - Red Rock	Panther Creek - Red Rock Creek	110600060503
OK	Black Bear - Red Rock	Oak Creek - Black Bear Creek	110600060502
OK	Lower Cimarron-Skeleton	Sand Creek	110500020408
OK	Lower Cimarron-Skeleton	0409 - Turkey Creek	110500020409
SD	Lower Big Sioux	Colton Creek	101702031002
SD	Lower Big Sioux	Buffalo Creek	101702030802
SD	Lower Big Sioux	Jensen Creek	101702031003
SD	Lower Big Sioux	Willow Creek	101702031103
TN	Duck River Watershed	Caney Creek	60400020704
TN	Lower Kentucky Reservoir	Holly Fork Creek	60400050603
TN	Little Tennessee River Basin	Fork Creek	60102040504
WI	Sugar River	Ward Creek - Little Sugar River	70900040402
WI	Buffalo-Whitewater	Waumaundee Creek	70400030405
WV	Greenbrier	Knapps Creek	050500030201
WV	Greenbrier	Knapps Creek	050500030202
WV	Greenbrier	Knapps Creek	050500030203
WY	Lower Wind	Pavilion	100800050202
WY	Lower Wind	Five Mile Creek - Ocean Drain	100800050107
WY	Lower Wind	Pilot Butte Reservoir	100800050201