House Committee Passes Bill Restricting Agency Ability to Implement Clean Water Act Jurisdiction Policy

Earlier today (June 7), the House Transportation and Infrastructure Committee considered and passed a bill impacting clean water act jurisdiction (H.R. 4965, "A bill to preserve existing rights and responsibilities with respect to waters of the United States, and for other purposes"). The bill (passed on a vote of 33-18, largely along party lines in the Republican controlled Committee) would prevent the EPA and the Army Corps of Engineers from rewriting their guidance clarifying which waters of the United States fall under the jurisdiction of the Clean Water Act, and, by some accounts, might also prevent those agencies from enforcing a related Clean Water Act jurisdiction guidance that was put in place by the second George Bush Administration.  Passage nows clears the way for the bill's consideration before the full House.

Agriculture and Energy-Water Appropriations Bills Move Through House

House Agriculture Appropriations Bill Moving Through Committee

On Wednesday (June 6), the House Appropriations Committee's Agriculture, Rural Development, Food and Drug Administration, and Related Agencies subcommittee passed on a voice vote a fiscal year 2013 Agriculture Appropriations bill. The proposed bill would provide discretionary funds for various FDA and USDA programs, including agriculture research, food safety, animal and plant health, rural development and farm services, nutrition, and  various Natural Resources Conservation Service conservation programs. In total, the legislation provides for $19.4 billion in discretionary funding, which would be a cut of $365 million below last year’s appropriated level, and $1.7 billion below the President’s 2013 budget request. More details can be found in this Committee press release, and in this draft of the subcommittee's bill.  The bill now moves on to the full Appropriations Committee.

House Approves Energy and Water Fiscal Year 2013 Spending Bill
Also on Wednesday, the The House easily approved the fiscal year 2013 Energy and Water Development and Related Agencies Appropriations bill (on a vote of 255-165). The bill provides funding for the Army Corps of Engineers Civil Works program and for the Department of Energy, and would provide those agencies with $32.1 billion in funding; $965 million below the President’s budget request. There were several amendments approved by the House that are especially relevant to Mississippi River Basin water resource issues, including those that would:

• add $10 million in funding for the Army Corps of Engineers Louisiana Coastal Area ecosystem restoration project
• add $2 million to the Corps of Engineers Construction account to address numerous flood control needs
• make a symbolic funding transfer within the Army Corps of Engineers that highlights the issues surrounding the Missouri Flood Study and to encourage the prioritization of maintenance projects on the Missouri River
• prohibit funding to continue the “Missouri River Authorized Purposes Study” (there was no funding for the study in the bill in any case)

Links to the bill language, accompanying report, and the measure's amendments can be found on this Appropriations Committee web page.
It's good to keep in mind, though, that during this election year, in particular, these individual spending bills may have much more to do with election position posturing than with any actual spending ability that Federal agencies will see anytime soon.

Nominations Solicited for Federal Invasive Species Advisory Committee

The National Invasive Species Council (NISC) recently placed a call for applications for its Invasive Species Advisory Committee (ISAC) in the Federal Register, and there are a number of slots held by state and other stakeholder representatives that may open up given that a number of ISAC members are leaving the Committee or going through a re-application process. The purpose and role of the ISAC are to provide advice to the NISC on a broad array of issues, including preventing the introduction of invasive species, providing for their control, and minimizing the economic, ecological, and human health impacts that invasive species cause. NISC is Co-chaired by the Secretaries of the Interior, Agriculture, and Commerce, and is charged with providing coordination, planning and leadership regarding invasive species issues. For example, NISC developed a 2008-2012 National Invasive Species Management Plan, which is available on the Web here. Persons serving on ISAC are reimbursed for travel costs related to the two ISAC meetings each year (one in Washington, DC and one somewhere else in the U.S.). More information on ISAC can be found here.

The deadline for applications is June 18, 2012.  If you would be interested in serving on the ISAC or know of anyone who might be interested, you (or they) are encouraged to apply using the process described in the Federal Register announcement (PDF file link here).

Mississippi River Basin Water Resource News for the Week

~Virtual Newspaper for an Aquatic World~

National Flood Insurance Program Extension Act Passed by Congress

On Wednesday (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 Thursday, May 31, and the extension gives Congress two more months in its years-long process of deciding on 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.

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 statements made in an amended March 13 complaint by a group 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 non-distinctive and a necessary 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."  For detailed background on this and another related lawsuit, see our earlier blog report here.

Notable @UpperMiss Twitter Postings for the Week

Agriculture -

• Opinion piece on farming and soil erosion in Iowa (in Agriculture.com): “Riot of soil erosion brings shame" http://bit.ly/JtLqGk
• Mississippi Delta's farmers battle to keep nutrients in place and out of the Mississippi River and Gulf of Mexico http://bit.ly/MeCIlU
• Midwest cattle operations complain that government (EPA) aerial reconnaissance is "spying" http://reut.rs/KNvXDr
• Soil & Water Conservation District - conservation declining as farmers seek to increase productivity (Steele County, MN) http://bit.ly/LMgUHT

Farm Bill-

• Reps. Walz (D-MN) & Noem (R-SD) introduce "sodsaver" bill to link grassland conservation to crop insurance 1.usa.gov/K1WPNd
• Lobbyists preparing for battles on the farm bill, scheduled to hit the Senate floor in early June http://bit.ly/KDUnPU
• Agriculture Committee Ranking Member Peterson (D-MN-7) wants target price insurance option to be in House farm bill http://bit.ly/JtLYMp
• New Congressional Budget Office cost estimates predict Senate farm bill will save $23.6 B over10 yrs http://bit.ly/KDTSFz (article)
• CBO score for Senate farm bill filed by Stabenow last week estimates $6.4 billion over 10 yrs in conservaiton cuts http://1.usa.gov/N52CoT (PDF)
• Environmental Working Group report: taxpayers paying billions to protect profitable farms; crop insurance companies http://bit.ly/N3fiPH
• Coverage & reactions re: EWG Crop Insurance report: http://bit.ly/N3fEWl http://bit.ly/N3fH4v http://bit.ly/N3fJcL http://bit.ly/N3fM8o http://bit.ly/N3fTkp
• Farm Bill Timeline and Senate Floor Amendment Update from NSAC http://bit.ly/LPIjw5
• Conservative groups make it official: they hate Senate farm bill and will push for its defeat http://bit.ly/JtKiCu
• American Enterprise Institute: Senate Farm Bill could greatly increase taxpayer farm subsidies if commodity prices drop http://bit.ly/KNzVMc

Water Quality -

• EPA agrees in court filing: high Mississippi River nutrients lead to Gulf Dead Zone; degrade aquatic life, human health http://bit.ly/JUad7G
• KC, MO starts $2.5 billion program to stop sewage and stormwater pollution from flowing into rivers and streams http://bit.ly/LEgfbj
• Wisconsin railroad fined for water and wetland violations associated with new track laying project http://bit.ly/LEgIdB
• Large spill into St. Croix River from sand mining operation remains subject of intense state and federal scrutiny http://bit.ly/LEhCqr
• Two Texas companies to pay >$1 million penalty for  Iowa, Kansas & Nebraska spills (re: Clean Water Act violations) http://1.usa.gov/MVIW9o
• MN city and conservation leaders: farmers contribute most pollution to state waters; do too little to prevent or fix it http://bit.ly/Kct16E (two other related story links below, under "In the States")
• Rate of sewage leaking from Wichita sewage treatment plant into Arkansas River is slowed; water quality improving http://bit.ly/KcuH0f
• Little Blue Regional Action Group plans lawsuit against huge coal-ash impoundment on West Virginia-Pennsylvania border http://bit.ly/KNwyoK
• BEEF Magazine opinion piece: "The Struggle Over The Mississippi River Basin" - "a (regulatory) storm is brewing" http://bit.ly/KNBABA

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

• National Flood Insurance Program Extension Act passed by Congress; extends program 60 days while congress mulls reform bit.ly/KNqLzm
• Missouri River Flood Task Force completes 8 month effort on near & long-term Missouri River Basin recovery http://bit.ly/JKYPQ8
• Study: Southern Great Plains (Ogallala aquifer) could run out of groundwater in 30 years http://bit.ly/JTeLv6
• USGS details effects of climate change on water availability in Black Earth Creek Basin, WI http://on.doi.gov/LMkz8D
• USGS details effects of climate change on water availability in Clear Creek Basin, Iowa http://on.doi.gov/LMkQbx

In the States -

• TN Clean Water Network raises conflict of interest issues in case involving violations of state’s clean water act http://tnne.ws/LEhZRR
• Minnesota cities call for tougher river sediment controls by state on farmers http://bit.ly/N9qish and http://bit.ly/KctdD8
• Illinois Attorney General files lawsuit against Wood River Refinery for contaminating ground water (Roxana, IL) http://cbsloc.al/Kcu0E7

Forestry -

• Many fire-starved Eastern US forests are undergoing rapid shift in character: from WI to FL; AR to ME http://bit.ly/KcsyBx

Biodiversity, Wildlife and Invasives -

• USFS-USGS study surveys National Wildlife Refuge visitors to help inform future refuge planning & programming http://on.doi.gov/LEh2Jk
• Invasive Fish and Wildlife Prevention Act of 2012 (H.R. 5864) introduced  in US House yesterday http://bit.ly/KNsEwb

Federal Budget -

• "Cracks are emerging" in Republican hard-line stance against raising taxes to cut Federal deficit http://bit.ly/LIW0NL
• Friday: US House is scheduled to take up Energy & Water 2013 appropriations bill (DOE and Army Corps civil works) 1.usa.gov/K1Vk1B

Events-

• Save the date: Annual Upper Mississippi River Conference-Sept. 26-28; Stoney Creek Inn & WUI Riverfront Campus, Moline http://bit.ly/KrT3kw
• EcoSummit 2012: Ecological Sustainability: Restoring the Planet’s Ecosystem Services; 9/30-10/5; Columbus OH http://bit.ly/KMThRC
• For my Washington DC friends: 2012 FRESHFARM Markets Farmland Feast, featuring Chesapeake Bay farmers-producers; Nov 12 http://bit.ly/N3gjXW

e-Newsletters, Publications and Journals -

• EPA releases Fact Sheet on economic benefits of protecting healthy watersheds http://1.usa.gov/JtL8iB

Other news-

• Interesting Der Spiegel perspective: "Green Veneer" - many WWF "activities benefit industry more than the environment" http://bit.ly/KEt8EW
• Perry, IA gets $400,000 in brownfields funding to clean up former rail yard; turn into trailhead and green space http://1.usa.gov/K1VUwi
• Dubuque, IA cuts ribbon for Millwork District revitalization, realizes its potential as a sustainable community http://bit.ly/K1Z3Mk

Political Scene - 

• Dems search for someone to face GOP when their nominee for seat of retiring Rep. Costello (D-IL-12) suddenly drops out http://bit.ly/JtKYaR
• US Rep. Schilling (R-IL-17) internal poll shows him up by 16% over Cheri Bustos (D) in traditionally Dem district http://bit.ly/KNyRYO
• Missouri Gov. Nixon (D) leads by double digits over either of 2 possible GOP challengers in new poll http://bit.ly/N3h6bh

Last Word - "It is hard to keep 218 frogs in a wheelbarrow long enough to get a bill passed." - House Speaker  John Boehner (R-OH-8) in an ABC “This Week” interview, when asked about the internal GOP criticism of his leadership style.

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.