Thursday, June 30, 2011

Mississippi River Basin Water Resource News for the Week - Holiday Weekend Early Edition

Fiscal Year 2012 Appropriations and the Federal Debt
Three separate, environmental and conservation-related, Fiscal Year 2012 spending bills are currently in various stages of making their way through the U.S. House.  They include the Water and Energy, Agriculture, and Interior and Environment appropriations measures.  An overview of each bill's status and spending levels proposed for key conservation and environmental programs can be found here.
As the House continues its appropriations bill work, the Senate for its part has been more "deliberative," waiting for the resolution of two prequels to its spending bill efforts: the development of a Fiscal Year 2012 Budget Resolution, and conclusion of ongoing long-term deficit reduction negotiations between the Obama Administration and Congressional leaders.  
Regarding the latter debt and budget negotiation issue, this week in very quick succession (belying the notion that nothing moves rapidly inside the Washington beltway):
  • House Speaker Boehner called the Treasury Department's August 2 debt-ceiling deadline "artificial"
  • President Obama said "is not" and berated Congress for planning to recess next week while the debt ceiling deadline looms (see "Last Word," below)
  • Senate Majority Leader Reid cancelled the Senate's recess in response to the Presidential scolding, assuring Capitol Hill fireworks well beyond the July Fourth spectacular on the Mall
  • Senate Republican Leader McConnell invited the President to meet with Senate Republicans Thursday afternoon about the debt, and
  • the President declined.
With respect to the former issue, Senate Budget Committee Chairman Kent Conrad (D-ND) announced on June 29 that Democrats had reached agreement on a Fiscal Year 2012 budget plan, and that the plan may be announced sometime during the week of July 4. Conrad’s proposal would reportedly cut more than $4 trillion from the Federal deficit over the next ten years. 

Notable @UpperMiss Twitter Postings for the Week:

Agriculture -
  • Mississippi River's floodway farmers in MO race to salvage a growing season http://bit.ly/jzeDuf
  • USDA: number of acres planted for corn this spring rose 5 % this spring to 92.3 M acres http://bit.ly/l3buaj
  • House Ag Committee holds 1st of 6 farm bill hearings to determine spending trends & how programs work together http://1.usa.gov/m29q5H
  • Editorial: Does "slash-and-burn budget cutting" put farm bill "mutual back-scratching" formula at risk? http://bit.ly/ku5akX
  • Senators Grassley (IA) & Cantwell (WA) introduce bill to extend domestic biodiesel production tax incentive http://1.usa.gov/muooBf
  • Midwestern Governors Association releases "mythbusters" fact sheet: "Setting the Ethanol Record Straight" http://bit.ly/kprzP7 (PDF file)
  • Food & Agricultural Policy Research Institute at U of MO releases report on direct farm payment elimination impact http://bit.ly/mdwvDo
Floodplains, Dams and Navigation -
  • Army Corps' Maj. Gen. Walsh: another floodway could be needed to relieve pressure on levees along Mississippi River http://bit.ly/m1mUVD
  • American Rivers: floodplain Easements are a Wise Investment & Bring Multiple Benefits  http://bit.ly/iJ9K3u
  • EPA News Release: Birds Point Floodway Chemical/Pesticide Contamination below Levels of Health Concern http://tinyurl.com/4264y2e
  • Army Corps of Engineers forms task force to help restore Mississippi River Basin flood control system damage http://tinyurl.com/434v93b
  • Army Corps seeking public feedback about possible Kaskaskia River lock & dam operations cuts (IL) http://bit.ly/kN66ll & http://bit.ly/mGqjHK
  • Barge traffic limited in Mississippi River as silt begins to clog passes at River's mouth  http://bit.ly/khWf0f
  • Feinstein introduces bill to amend National Flood Insurance Act; requires FEMA flood protection system consideration http://1.usa.gov/ltMOrT
Current Flooding-
Water Quality-
  • EPA extends comment period on definition of "Waters of the United States" guidance until July 31 http://1.usa.gov/ltTUrg
  • Agenda/presentations; 2011 Stakeholder Meeting; EPA Development of New or Revised Recreational H2O Quality Criteria: http://1.usa.gov/jEEYHB 
  • EPA approves Iowa DNR list of impaired waters: removes 56 waters from list & adds 103 waters http://1.usa.gov/lyNOms
In the States -
Biodiversity, Wildlife and Invasives -
Federal Budget -
  • Sen Majority Leader Reid cancels Senate July 4 week recess to continue budget-deficit talks http://bit.ly/mcOP6A
  • Senate Budget Committee Chair Conrad: Democrats have reached agreement on 2012 budget plan http://bit.ly/mHTwmP (will release next week)
  • Sen McConnell challenges President to meet with Senate Republicans on debt issues; Obama declines http://bit.ly/jHizjP
Gulf Coastal Area-
  • Senate Environment & Public Works subcommittee holds hearing on Gulf BP spill natural resource damage assessment http://1.usa.gov/jJJ255
Events -
  • The Horinko Group Annual Water Resources Summit, October 25; 9 AM-5 PM, U of MD at College Park http://t.co/X2YhuAD
Other news-
  • EPA & Interior Dept announce new federal urban waters initiative to increase cooperation among federal & local agencies http://bit.ly/mlhRKi
  • Scientists develop model to help manage agroforestry systems http://tinyurl.com/3z56rw6
  • Army Corps of Engineers completes new Upper Mississippi Systemic Forest Management Plan http://bit.ly/l3Uuub
  • FOIA Lawsuit Seeks Release of Dept of Energy’s ‘Water-Energy Roadmap’ http://tinyurl.com/4yzh8wh
  • The June Mississippi River Basin Newsletter (PDF file) is now available from the Northeast-Midwest Institute http://bit.ly/kF5LV
Last Word -
"Malia and Sasha generally finish their homework a day ahead of time. Malia is 13, Sasha is 10.  They don't wait until the night before. They're not pulling all-nighters. Congress can do the same thing. If you know you've got to do something, just do it." - President Obama chiding Congress for not moving in a timely manner on debt reduction and budget issues during June 29 press conference

Fiscal Year 2012 Federal Appropriations Bill Update

Three separate, environmental and conservation-related, Fiscal Year 2012 spending bills are currently in various stages of making their way through the U.S. House. They include the Water and Energy, Agriculture, and Interior and Environment appropriations measures (see more detail below).  As the House continues its appropriations bill work, the Senate has been more deliberative on its end, waiting for the conclusion of two overarching prequels to its spending bill efforts: the development of a Fiscal Year 2012 Budget Resolution, and resolution of ongoing long-term deficit reduction negotiations between the Obama Administration and Congressional leaders.

With respect to the former issue, Senate Budget Committee Chairman Kent Conrad (D-ND) announced on June 29 that Democrats had reached agreement on a Fiscal Year 2012 budget plan, and that the plan may be announced sometime during the week of July 4.   Conrad’s proposal would reportedly cut more than $4 trillion from the Federal deficit over the next ten years.

Here is an update on the status of each House measure:

Water and Energy Spending Bill
On June 15 the full House Appropriations Committee approved a Fiscal Year 2012, $30.6 billion energy and water spending bill for the Department of Energy, Army Corps of Engineers and Department of Interior water programs. The measure, expected to be considered (and passed) by the full House in July, includes over $1 billion to fund flood response activities and to restore flood protection structures (such as levees) related to this spring's Mississippi and Missouri River flooding. The bill also contains a controversial rider restricting Army Corps of Engineers' implementation of a new Administration Clean Water Act guidance.

The Committee approved the measure by a vote of 26-20, largely along party lines, following three-and-a-half-hours of discussion and amendment consideration. Only Republican Rep. Jeff Flake (AZ-6) joined with 19 Democrats in voting against the measure. The bill would cut $5.9 billion from the President's 2012 budget proposal and would cut around $1 billion from the Fiscal Year 2011 spending levels for the agencies. Under the bill's provisions the Department of Energy would receive $24.7 billion, the Army Corps $4.8 billion, and Department of Interior (Bureau of Reclamation) $934 million. The Army Corps funding level is actually slightly more than the $4.63 billion requested by the President in his 2012 budget proposal; not an unexpected outcome, given a Congressional history of adding spending for particular flood control, navigation and ecosystem restoration projects.

Among the amendments considered by the Committee was one offered Rep. Jim Moran (D-VA-8), which would have removed from the bill a provision that blocks funding for the new Obama administration policy aimed at better-defining Clean Water Act protections over wetlands and streams. Rep. Moran's amendment failed to pass (on a vote of 21-27). The rider remains in the bill despite the urging of 15 major national outdoors and conservation groups that the provision be dropped (see the groups' June 13 letter to appropriators here - PDF file).

To view the Appropriations Committee (majority office) media release and summary of the bill, please see here. The Committee-passed version of the legislation is posted here. And the Committee report accompanying the legislation can be seen here (as a PDF file).

Agriculture Spending Bill
On June 16 the House narrowly passed the Fiscal Year 2012 Agriculture, Rural Development, FDA spending bill (H.R. 2112) by a vote of 217-201, with 19 Republicans joining every Democrat in opposing the bill. The bill provides for $125.5 billion in both discretionary and mandatory funding for the Department of Agriculture (except for the US Forest Service), Farm Credit Administration, Farm Credit System Financial Assistance Corporation, Commodity Futures Trading Commission and Food and Drug Administration.

The House-passed measure cuts $2.7 billion overall from USDA's Fiscal Year 2011 spending levels. Several key conservation programs would be cut below current spending levels or Farm Bill-authorized levels, including cuts of $171 million to the Conservation Stewardship Program and $350 million to the Environmental Quality Incentives Program, and reductions in eligible acreage for sign up to the Wetlands Reserve Program and Grasslands Reserve Program (by 64,200 acres and 96,000 acres, respectively). One of the biggest concerns for Democrats was the bill's $685 million in cuts to the Women, Infants and Children (or "WIC") nutrition program.

A Committee press release on the passed spending measure summarizes 21 amendments to the bill that were approved by the House during its two and one-half days of floor consideration. Some of the more notable amendments, from conservation and farm sustainability perspectives, include those that:
  • cut the USDA general administration account by 10% ($2.4 million) 
  • prohibit funds in the bill from being used for the USDA "know your farmer, know your food" initiative 
  • add $2 million to Agriculture Research Service 
  • prohibit funding for USDA regulations titled "Policy Statement on Climate Change Adaption" and 
  • transfer $3 million to the Watershed Protection and Flood Prevention Program.
Several contentious amendment proposals were voted down during the bill debate, including a proposal to cut discretionary spending by five percent or more, and several proposed amendments that would have limited direct farm subsidy payments. Those included an amendment that would have set the farm subsidy-payment cap at $125,000, along with another one that would have lowered income subsidy payment eligibility to $250,000 adjusted gross income.

Interior and Environment Appropriations Bill
The 2012 Interior and Environment appropriations bill should be considered during a House Appropriation Committee’s Interior and Environment Subcommittee mark up meeting shortly after the House returns from its July 4 recess. Rep. Jim Moran (D-VA-8) (Subcommittee Ranking Member) has indicated that the Interior and Environment Appropriations bill will make deep cuts to the land and water conservation fund and municipal water project (State Revolving Loan Funds) spending levels, based on Moran’s reading of a draft presented to him recently by Interior and Environment Subcommittee Chair Mike Simpson (R-ID-2).

The latest news on Fiscal Year 2012 appropriations efforts in Congress can be tracked on the respective House and Senate Appropriations Committee web pages, and at this Library of Congress web page.

June Northeast-Midwest Institute on Mississippi River Basin Update

Here is the link to the June Update (PDF file) from the Northeast-Midwest Institute on Mississippi River Basin issues.  The June Update contains these news items:

RIVER BASIN NEWS AND NOTES-
  • Largest Gulf of Mexico Hypoxic Zone Likely in Wake of Spring Mississippi River Basin Flooding
  • Mekong River Commission Sets Visionary Example of System-wide Watershed Management
  • NRCS Holds Second Partner Forum on Initiative to Increase the Adoption of the Management of Agricultural Drainage Water for Conservation Benefits
  • Obama Administration Extends Deadline for Comments on Clean Water Act Interpretation Guidance 
  • Upcoming Conferences, Events and Workshops
LEGISLATION-
  • Clean Water Cooperative Federalism Act Moves on to Full House 
  • National Flood Insurance Program Reauthorization and Reform
  • Farm Bill Hearings
BUDGET AND APPROPRIATIONS-
Fiscal Year 2012 Appropriations:
  • Water and Energy
  • Agriculture
  • Interior and Environment

Friday, June 24, 2011

Mississippi River Basin Water Resource News for the Week

House Committee Passes Bill That Would Limit EPA's Water Quality Regulatory Capabilities
The Clean Water Cooperative Federalism Act (HR 2018) was passed by the House Transportation and Infrastructure Committee on June 22 on a vote of 39-19 that crossed party line (links to the bill and the Committee's bill mark-up meeting activity and roll call vote are on this Committee web page). The bill, which next will likely proceed to the House floor for consideration, would restrict EPA's ability to issue revised or new water quality standards without a state's permission, according to Committee Chair Mica's press release accompanying the introduction of the legislation.

In a June 21, US Environmental Protection Agency four-page legal analysis of the bill, the EPA warned that the bill would “overturn” clean water law (this is a PDF file).

Notable @UpperMiss Twitter Postings for the Week:


Agriculture -
  • USDA Sec Vilsack meets with flooded farmers, relating his budgetary powerlessness in the face of deficit reduction cuts http://bit.ly/jyJqjZ
  • American Farm Bureau launches web site celebrating contributions and heritage of US century farms http://bit.ly/jq08m5
  • Agriculture ministers from Group of 20 nations meet to address growing problem: Demand for food outpacing supply http://bit.ly/kpn97i
  • New bipartisan House bill mirrors Senate-passed ethanol subsidy reform measure http://1.usa.gov/iU0cRk
  • Concerns over record flooding & crop insurance take center stage at Senate Ag Committee Farm Bill hearing http://bit.ly/ijZgHD
Floodplains, Dams and Navigation -
  • Coalition urges Floor Protection Insurance Program reform before Senate Committee http://bit.ly/kAnokI (link) http://1.usa.gov/iAj9Jf (PDF)
  • 1994 report: “Floodplain Management Into the 21st Century” holds many answer to Mississippi's 2011 flood issues http://bloom.bg/jZJygq
  • SW IL Flood Prevention District Council proposes $161 million upgrades to Mississippi River levee system http://buswk.co/lcXJt6
  • Rural bankers in 10 Midwest & Plains states worry Missouri River flooding will hurt region's economy http://bit.ly/iv7eMI
  • Missouri River flooding: Water flows over tops of MO levees as flooding alert issued for NE nuclear plant http://bit.ly/ih4SUC
  • Op-ed: Nature, not the Corps of Engineers, driving Missouri River flooding http://bit.ly/k09aYd
  • 'Perfect Storm' Along Missouri River Puts Army Corps Policies in Cross Hairs; Congressional hearings likely http://nyti.ms/liu9tb
  • Vicksburg drying out as Mississippi River level drops; Army Corps: flood protections worked http://bit.ly/lKH1y3
  • Birds Point levee breach effectively doomed African-American community of Pinhook MO http://bit.ly/iNDpbh
  • 1000s of acres of Illinois River bottom farmland flood as levee fails http://bit.ly/iAtFm7
  • USGS national maps show sharp contrasts between current water "haves" (flooding) & "have-nots" (drought) http://bit.ly/j54aL2
Water Quality-
  • Omaha, NE forced to discharge raw sewage into swollen Missouri River (NPR audio) http://n.pr/mTHiJ2
  • NY Times editorial: House attack on clean water rules http://nyti.ms/knNbwP
  • U of Dubuque receives grant to research "Nutrient Cycling in Two Rehabilitated Mississippi River Backwater Lakes" http://bit.ly/kuuDw6
  • EPA extends comment deadline on draft stormwater rule for construction site discharges till July 11 http://1.usa.gov/kNakf5 (PDF file)
  • US House Transportation and Infrastructure Committee to vote tomorrow on EPA-limiting clean water legislation http://bit.ly/lEAUkQ
  • House Transportation & Infrastructure Committee passes bill that would limit EPA's water quality regulatory abilities http://bit.ly/kHqGdX
  • Minnesota Pollution Control Agency calls for major reductions of nutrients in Elk River watershed http://bit.ly/jqiefm
  • Blue-green algal toxins (microcystins) accumulate in fish & can pass on to fish-consumers http://bit.ly/mnDyfg
In the States -
Biodiversity, Wildlife and Invasives -
  • Sen Lieberman (D-CT) introduces National Fish Habitat Conservation Act to encourage habitat protection/restoration http://bit.ly/m3xrad
  • Invasive Emerald Ash Borer moving about 40x faster through Midwest than several years ago http://bit.ly/mvWoPK
  • Help protect Missouri from devastating aquatic invaders via @ktvo http://bit.ly/kEcCOB
Federal Budget -
  • LaCrosse Tribune Editorial: Cuts in federal spending absolutely necessary, agriculture spending is ripe for the picking http://bit.ly/lbgxUQ
  • >400 groups' letter to Biden budget negotiators urges funding for farm natural resource conservation programs http://bit.ly/iQmgcR (PDF)
  • Congressional Budget Office analysis: worsening scenario for growth of the federal debt http://bit.ly/kUvrlJ
  • House Majority Leader Eric Cantor (R-VA) pulls out of VP Biden-led debt talks http://bit.ly/lQsP5j
  • Debt limit discussions come down to President Obama and House Speaker Boehner as Rep. Cantor abdicates http://bit.ly/kUBNMp
Gulf Coastal Area-
Events -
  • St. Croix River Association's 100th anniversary paddling event; join July 6 & 9-22 as non-registered Day Tripper http://bit.ly/iwPQ8L
  • Horinko Group's Water Division to host its Second Annual Water Resources Summit on October 25; info & registration: http://bit.ly/kPiTwx
  • Workshop: Fundamentals of Stream Restoration: Applied Geomorphology & Ecology; July 25 - 29, Fergus Falls MN http://bit.ly/j1mxhh (PDF)
  • Workshop: The Science of Healthy Waters: The Ditching Dilemma; $300; August 15 - 17, Fergus Falls MN http://bit.ly/kiJVdM (PDF)
Other news-
  • St. Francis Xavier University study: planting trees offers only marginal benefits in climate change fight http://bit.ly/k8BnUh
  • House Subcommittee passes bill preventing EPA from regulating coal ash as hazardous http://1.usa.gov/mo7oiv moves on to full committee
Political Scene -
Last Word -
"A political calculation among the munchkins in the White House." - Former Interior Secretary Bruce Babbitt, describing a decision by the Obama Administration to acquiesce to GOP budget resolution demands restricting funding for the Bureau of Land Management's order to protect national roadless areas (quoted in the Las Vegas Journal-Review)

Thursday, June 23, 2011

House Transportation and Infrastructure Committee Passes Clean Water Cooperative Federalism Act That Would Limit EPA's Water Quality Regulatory Capabilities

The Clean Water Cooperative Federalism Act (HR 2018) was passed by the House Transportation and Infrastructure Committee yesterday (June 22) on a vote of 39-19 that crossed party line (links to the bill and yesterday’s Committee activity and vote roll call are on this Committee web page: http://1.usa.gov/lALA28). In this June 21 US EPA four-page legal analysis of the bill, EPA warns that the bill would “overturn” clean water law: http://bit.ly/kf8CJR (this is a PDF file).

The bill, which next will likely proceed to the House floor for consideration, would restrict EPA's ability to issue revised or new water quality standards without a state's permission. According to Chairman Mica's press release accompanying the introduction of the legislation, the bill would:

  • Restrict EPA’s ability to issue a revised or new water quality standard for a pollutant whenever a state has adopted – and EPA has already approved – a standard, unless the state concurs.
  • Prohibit EPA from superseding a water quality certification (that a discharge will comply with applicable water quality requirements) granted by a state under Clean Water Act ("CWA") section 401.
  • Prohibit EPA from withdrawing approval of a state water quality permitting program under CWA section 402 (regarding the National Pollutant Discharge Elimination System, or "NPDES")), or from limiting federal financial assistance for the state program, on the basis that EPA disagrees with the state regarding a (i) water quality standard that a state has adopted and EPA has approved, or (ii) the implementation of any federal guidance that directs a re-interpretation of the state’s approved water quality standards.
  • Prohibit EPA from objecting to a state’s issuance of an NPDES permit on the basis of (i) EPA’s differing interpretation of an approved state water quality standard, or (ii) the implementation of any federal guidance that directs a re-interpretation of the state’s approved water quality standards.
  • Limit EPA’s ability to veto dredge and fill permits issued by the Army Corps of Engineers and "gives states more flexibility to administer these permitting programs."

Tuesday, June 21, 2011

House Transportation and Infrastructure Committee to Vote on EPA-Limiting Legislation

The House Transportation and Infrastructure Committee announced yesterday that it will hold a markup session tomorrow (June 22) of “The Clean Water Cooperative Federalism Act of 2011” (HR 2018 - a bill "to amend the Federal Water Pollution Control Act to preserve the authority of each State to make determinations relating to the State's water quality standards, and for other purposes.").  The markup is scheduled for 9:30 AM in room 2167 Rayburn House Office Building. Here is the link to the Committee web site, where streaming video of the markup session can be viewed: http://1.usa.gov/lALA28 .

The bill, which has 28 co-sponsors, would restrict EPA's ability to issue revised or new water quality standards without a state's permission. Here is Chairman Mica's press release accompanying the introduction of the legislation According to that release, the bill would:
  • Restrict EPA’s ability to issue a revised or new water quality standard for a pollutant whenever a state has adopted – and EPA has already approved – a standard, unless the state concurs.
  • Prohibit EPA from superseding a water quality certification (that a discharge will comply with applicable water quality requirements) granted by a state under Clean Water Act ("CWA") section 401.
  • Prohibit EPA from withdrawing approval of a state water quality permitting program under CWA section 402 (regarding the National Pollutant Discharge Elimination System, or "NPDES")), or from limiting federal financial assistance for the state program, on the basis that EPA disagrees with the state regarding a (i) water quality standard that a state has adopted and EPA has approved, or (ii) the implementation of any federal guidance that directs a re-interpretation of the state’s approved water quality standards.
  • Prohibit EPA from objecting to a state’s issuance of an NPDES permit on the basis of (i) EPA’s differing interpretation of an approved state water quality standard, or (ii) the implementation of any federal guidance that directs a re-interpretation of the state’s approved water quality standards.
The release also notes that the bill would limit EPA’s ability to veto dredge and fill permits issued by the Army Corps of Engineers and "gives states more flexibility to administer these permitting programs."

Monday, June 20, 2011

UPDATED: Mississippi River-Basin Relevant Congressional Hearings and Meetings for the Week

Here are the US Congressional hearings and meetings scheduled for this week that are particularly relevant to Mississippi River Basin water resource issues (along with links to the relevant Committee hearing or meeting web site):