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Legis Update -Forwarded




      Date:  07/26/1996  05:12 pm  (Friday)  
      From:  PATRICIA SCOTT 
        To:  R5WTR.R5WCB1(DEGRAFF-BARRY,TRAUB-JO-LYNN,HENRY-TIMOTHY),R
             6DAL03.R6WATLAN(ETHRIDGE-BEVERLY,COX-WILLIAML,PARRISH-SHA
             RON,HATHAWAY-WILLIAM,BRANNING-SUSAN, . . .
   Subject:  Legis Update


          Legislative Update  - July 26 
          
          Calendar   
          
                  The House and Senate are scheduled to adjourn for the 
          August recess on Friday, August 2.  The House is scheduled to 
          reconvene on September 4 and the Senate on September 3rd.   The 
          target adjournment date for the 104th Congress is October 4.
          
          Senate Action expected next week on EPA Appropriations
          
                  The Senate is expected to vote Tuesday, July 30, on EPA's 
          FY 1997 Appropriations bill, which funds EPA at slightly higher 
          levels than '96.    The bill is $30 million above the House-
          passed measure, but still $430 million below the President's 
          request.  At the request of  Subcommittee Chairman Kit Bond (R-
          MO), no legislative riders were attached during committee markup.  
          Bond asked members to hold off from offering any legislative 
          changes until the bill reaches the Senate floor.
          
          Line Items include:
          *       $1.4 billion for the CWA SRF ($76 million more than the 
          House bill and the president's request).
          
          *       Language specifically calling for "full funding of the 
          Sarasota Bay Project." 
                  (The Senate bill does not, however, include the provision 
          in the House appropriations bill to earmark $1 million from the 
          National Estuary Program to support the federal share of the Bay-
          Delta Agreement, a provision that will hopefully be dropped in 
          conference)  
          *       $750,000 for Lake Champlain Management plan
          *       $100,000 for a demonstration project on the use of 
          oysters to improve water quality in the Chesapeake Bay 
          tributaries in MD
          *       $500,000 to continue the model coordinated tribal water 
          quality program in Washington State
          *       $1 million for the sediments decontamination technology 
          study, authorized under WRDA ('92) to "pilot alternatives to 
          disposal contamination of the ocean and to find beneficial uses 
          for dredged material"
          *       $1 million for the NY City Watershed protection program 
          to ensure safe drinking water for NY City, including monitoring, 
          surveillance and research activities.
          *      $250,000 for the final year of a demonstration program on 
          the Potomac River's north branch of an acid mine drainage 
          remediation project.
          *       Language urging EPA to support the efforts of the Lake 
          Onondaga Lake Management Conference to implement a comprehensive 
          restoration plan.
          *       $1 million for the city of West Palm Beach to implement 
          an innovative wetlands-based potable water reuse demonstration 
          program, intended to help in the restoration of the Everglades.
          


          Administration Position:   On July 11, OMB sent a letter to the 
          Appropriations Committee members saying that although the 
          administration is pleased that the bill does not contain any 
          contentious legislative riders, it "strongly objects" to the 
          overall reductions below the president's request.   The 
          Administration specifically wants additional monies for EPA's 
          research and management budget, the Montreal Protocol, the 
          Environment Technology Initiative and Boston Harbor.  
              
          Budget
          
          To avoid a budget battle with the President just prior to the 
          November elections, there is some interest in passing a 
          preemptive continuing resolution (CR) that would fund some 
          agencies (i.e. those without a signed appropriations bill) at FY 
          '96 levels thru March of next year.
          
          House Majority Leader, Dick Armey (R-Texas), is a proponent of 
          passing a CR, but Sen. Mark Hatfield and Rep. Bob Livingston, 
          chairmen of the Senate and House Appropriations Committees 
          respectively, are against a preemptive CR and are trying to move 
          individual spending bills.  
          
          Safe Drinking Water Act Conference Stalled
           
          Efforts to reconcile differences in the House and Senate-passed 
          SDWA bills are reportedly stalled over some throny issues, 
          including right-to-know, radon, small system variances, operator 
          certification, capacity development and sourcewater protection.  
          The House and Senate are trying to enact SDWA reform by Aug. 1 so 
          that $725 million appropriated in FY '96 to a drinking water SRF 
          won't be reallocated to the clean water SRF account  (there's a 
          chance, however, that the Appropriations committees will be asked 
          to delay the Aug. 1 deadline).
          
          The Administration favors the House measure, and environmental 
          groups have said they will not support a bill unless the 
          conference report includes several particular items included in 
          the House bill, but not the Senate.
          
          Source Water Protection:  Differences over the sourcewater 
          protection language is one outstanding issue.   Both the House 
          and Senate bills require EPA to help states carry out a 
          sourcewater assessment program to identify potential protection 
          areas and the origins of contaminants.  But the House deleted 
          language in the Senate bill that would set up a petition program 
          to encourage local communities to protect source water. The 
          House, along with many water supply and environmental groups, 
          argued that the petition process was too cumbersome.  Instead, 
          the House bill simply allows states to develop their own 
          protection programs.
                       
          Water Resources Development Act (WRDA)
          
          It looks likely that the 104th Congress will pass a Water 
          Resources Development Act  (WRDA) bill this session -- the first 
          time since 1992. 
          The House is scheduled to vote on its bill, H.R. 3592, on 
          Tuesday, July 30, under suspension of the rules (i.e. 2/3 
          required for passage -- yea or nay vote-- no amendments).   The 
          Senate passed its version, S. 640, on July 11.
           
          Administration position:  The Administration has concerns over 
          the cost of WRDA, which has increased as members have added new 
          projects, many of which cannot possibly be funded given current 
          budget constraints (The House recently added on some $300 
          million, bringing the total authorization to about $4.9 billion; 
          the Senate passed an amendment authorizing about $1 billion more 
          in projects).   Among other technical changes, the Administration 
          would prefer to see a greater non-federal cost share for flood 
          control projects.  The bill raises the federal cost share from 25 
          to 35%, but the Administration would prefer a 50% federal/non-
          federal match.  
          
          The following are some of the key environmental provisions in the 
          House bill:
          
          *       Beneficial uses of dredged materials:  Authorizes the 
          Secretary to select a method of disposal that is not the least 
          costly, if the costs are minimal and the benefits to the 
          environment, such as the creation of wetlands and the control of 
          shoreline erosion, justify its selection.
          *       Planning Assistance to States:  Authorizes $10 million 
          under an amended Section 22 for state planning, clarifying that 
          eligible activities include watershed and ecosystem restoration.  
          Raises maximum amount a state can receive from $300,000 to 
          $500.000. 
          *       Restoration of Environmental Quality:  Directs the Corps 
               to mitigate project impacts and restore environmental 
          quality through site modifications.
          *       Aquatic Ecosystem Restoration:  Authorizes the Secretary 
          to carry out ecosystem restoration projects where the environment 
          and economic interests justify the costs. 
          *       Flood Control Policies:  Encourages non-structural 
          alternatives to be considered, including watershed management, 
          wetlands restoration, floodplain regulation,  and acquisition of 
          flood plain lands.  Also, calls for flood plain management plans 
          to be developed to reduce impacts of flood events.
          *       Long-Term Sediment Management Strategies:  Calls for 
          Secretary to enter into long-term agreements with non-federal 
          sponsors of navigational projects and to consult with federal 
          agencies, states and tribes.
          *       Confined Dredged Material Disposal:  Both the House and 
          Senate bills include language establishing new cost sharing 
          provisions for confined dredged material disposal facilities.  
          For the first time, constructed land-based facilities would be 
          eligible for federal cost sharing, thereby making upland disposal 
          on equal footing with open ocean disposal.


          
           Section 320 Fix:  OWOW is pushing for a floor amendment to WRDA 
          that would provide a technical fix to Section 320 to authorize 
          grants for to support activities necessary for CCMP 
          implementation.
          
          Agriculture Appropriations 
          
                  On Wednesday, July 24, the Senate approved a $54.3 
          billion agriculture bill (H.R. 3603, S. Rpt. 104-317)  that funds 
          most conservation at the levels authorized in the 1996 farm bill.  
           The House bill, on the other hand, which passed June 12, would 
          limit funding for certain conservation measures.   Differences 
          will have to be worked out in conference.
          
                  On Monday, the Senate approved an amendment by Sens. Dale 
          Bumpers (D-Ark.) and Herb Kohl (D-Wis.) that would limit 
          enrollment in the Wetlands Reserve Program (WRP) to 130,000 acres 
          for FY '97.  Additional acreage that year would need to be paid 
          for through nonfederal funds, according to the amendment.
          
                  It also requires that the Agriculture Department in FY  
          '98 first enroll at least 31,667 acres in WRP's temporary 
          easements program before enrolling land in the permanent easement 
          category. The 1996 farm bill reauthorized WRP through 2002, 
          capping enrollment at 975,000 acres.
          
          Hearing on H.R.3217, National Invasive Species Act: 
           
                  On July 17,  OWOW Deputy Office Director Dave Davis 
          testified  before the House Transportation and Infrastructure 
          Committee in support of H.R. 3217, the National Invasive Species 
          Act.  The bill seeks to prevent the  introduction and spread of 
          nonindigenous species in U.S. waters.
          
                  The bill appears to have considerable bipartisan support  
          (36 House cosponsors).  A companion bill, S. 1660, by Senator 
          Glenn, is pending in the Senate.    No Senate action has occurred 
          yet on S. 1660,  which has 14 Senate cosponsors.
           
          LCV Targets Members of Congress
          
                  Last week, the League of Conservation Voters launched a $ 
          1.5 million campaign to defeat the 12 "most vulnerable, anti-
          environment" members of Congress in the 1996 election.   The 
          first five candidates are all House members and include: Reps. 
          Helen Chenoweth (R-Idaho), Gary Condit (D-Calif.), Frank Riggs  
          (R-Calif.), Michael Flanagan (R-Ill.) and Steve Stockman (R-
          Texas).  The remaining seven will be named at a later date. 
               
                  The league is planning an all-out  grassroots and media 
          campaign tailored specifically to each district, including radio 
          and TV ads.  
          
          Action on New Private Property Bill unlikely  before Recess


          
          On July 16, Sen. Hatch introduced a new private property rights 
          bill-- S. 1954, which is a slightly modified version of Sen. 
          Dole's private property rights bill (S. 605).    Although Senate 
          Majority Leader Lott publicly announced his intention to move a 
          private property legislation before the August recess, the bill 
          has been dropped for floor consideration, reportedly because of  
          scheduling difficulties.  
                   
          The most significant change from S. 605 is that S. 1954 now 
          requires that property or a portion of the property be devalued 
          by 50 percent or more before compensation is paid out.  S. 605's 
          threshold was 33 percent.  The bill also includes a slightly  
          more narrow definition of "property" (e.g., excluding 
          intellectual property). 
               
          Democrats and moderate Republicans are likely to attempt a 
          filibuster if S. 1954 is brought to the floor. ( The President 
          previously promised to veto the Dole measure if it passed).  
          House action: The House passed a property rights bill (H.R. 925, 
          now part of H.R. 9) in March 1995. 
          
          Pacific Northwest Forest Plan 
          
          The President's Northwest Forest Plan received mixed reviews 
          during  its first full review by Congress.  The Subcommittee on 
          National Parks, Forests and Lands, chaired by Rep. Jim Hansen (R-
          Utah), heard testimony from county commissioners, members of 
          Congress from Northern California, the director of an Audubon 
          Society chapter and two administration officials.
          
          County officials said the president's plan had failed to do its 
          job of supplying timber and job assistance to rural communities, 
          instead producing double digit unemployment.
          
          USDA's Under Secretary of Natural Resources and Environment,  
          James Lyons, said the forest plan is "functioning well." Lyons 
          added, however, that salvage timber provisions signed into law a 
          year ago  have interfered with implementing the Forest Plan.  In 
          his opening statement, Chairman Hansen said more jobs would be 
          lost as a result of the recent Administration's actions.
              
           Mitigation Banking Bill Introduced 
             
                  On June 20, Rep. Walter Jones (R-NC) introduced H.R. 
          3692, the Wetlands Restoration and Improvement Act of 1996, a 
          bill that will promote the use of wetlands mitigation banks.  
          
               Although many of the bill's provisions are consistent with 
          the federal mitigation banking guidance, there are a few issues 
          of concern.  Initial reaction from the environmental community 
          has been against the proposed bill.   At this time, there is no 
          official agency position on the legislation.  The administration 
          is supportive of mitigation banks as long as adequate 
          environmental safeguards are in place.


          
          Pesticide Reform
          
          A pesticide reform bill (H.R 1627) could become the first major 
          environmental bill enacted into law this year.  The bill has 
          passed both the House and Senate and has been presented to the 
          President, who is expected to sign the legislation.
          
           H.R. 1627 would amend the nation's two major pesticide laws-the 
          Federal Insecticide Fungicide and Rodenticide Act (FIFRA), which 
          governs the registration of pesticides with EPA; and the Federal 
          Food, Drug and Cosmetic Act (FFDCA), which directs EPA in setting 
          pesticide safety levels in foods.
          
          In summary, the bill revises the Delaney clause-which bans 
          carcinogenic pesticide residue in processed foods-and requires 
          EPA to set a uniform pesticide tolerance for raw and processed 
          foods that is "safe," which the bill defines as a "reasonable 
          certainty of no harm." The bill also includes provisions 
          requiring EPA to consider special risk factors for children when 
          setting tolerances and distribute more consumer information on 
          pesticides.
          
          
          NOAA Funding 
          
          On Tuesday, the House passed H.R. 3814, the FY'97 Appropriations 
          bill for Commerce, Justice, and State, the Judiciary and related 
          agencies, which includes funding for NOAA.
          
          The Administration was demanding  that the bill provide funding 
          for Everglades restoration, coastal pollution control, habitat 
          conservation, global change monitoring and modeling and other 
          programs that were not funded in the committee-passed bill.  In a 
          statement released prior to the floor vote, OMB said that 
          reductions below FY '96 levels in ocean assessment, marine 
          sanctuary management, endangered species recovery plans and 
          fisheries programs would "undermine NOAA's ability to manage and 
          protect our nation's ocean and coastal resources."  More details 
          to follow in next update on the final appropriations levels.