American Rivers Legislative Update For the week of June 29, 1998:

This information is provided courtesy of, and with permission of American Rivers

Dams, Hydropower, and Electric Restructuring:
Flood Control and Riparian Restoration:
Mining and Grazing:
General Restoration, Pacific Salmon, and Other Fish and Wildlife:
Sites and Projects:
Water Quality:
Wetlands:
Future Events:

Dams, Hydropower, and Electric Restructuring:

On Tuesday, House Commerce Committee Chair Thomas Bliley (R-VA) and Energy and Power Subcommittee Chair Dan Schaefer (R-CO) released an initial draft of a bill to make restructuring of the electric power industry mandatory nationwide by January 1, 2001, but will permit states to continue implementing their own restructuring plans if already begun by this date. The subcommittee markup is expected to take place mid-August. The draft includes an renewable portfolio standard that would expire in 2015 requiring that a minimum percentage of a company's total electricity be from a renewable source other than hydropower.

The Clinton Administration released its utility deregulation bill last Friday, and Senate Energy and Natural Resources Chair Frank Murkowski (R-AK) plans to introduce the legislation. The bill would allow consumers to have their choice of electricity providers by January 1, 2003, but states would be entitled to opt out. The proposal includes language that would ensure that at least 5.5% of all electricity sales comes from a renewable energy source.

On June 25, the Senate passed a number of bills that would extend the Federal Power Act deadlines for the construction of several hydropower projects in Washington and New York states.

Flood Control and Riparian Restoration:

On June 22, the House passed the $20.6 billion Energy and Water FY '99 Appropriations bill by a vote of 405-4. The bill includes $3.97 billion for the Army Corps of Engineers' water program, a cut of $202.4 million below FY '98, and funds no new water projects for the upcoming fiscal year. The corresponding bill already passed in the Senate, providing $21.3 billion.

Mining and Grazing:

Senator Dale Bumpers (D-AR) plans to offer an amendment on the floor to strike a rider on the Interior and Other Related Agencies FY '99 Appropriations bill banning Interior Department regulations that would strengthen environmental standards on hard-rock mining.

General Restoration, Pacific Salmon, and Other Fish and Wildlife:

On June 25, both the House and Senate Appropriations Committees passed their respective versions of the $13.4 billion Interior and Other Related Agencies FY '99 Appropriations bill, reducing current funding by $700 million-- $800 million below the Clinton Administration's request. Both bills are likely to go to the floor after the Fourth of July recess. Both the House and the Senate terminated funding for the Administration's Columbia River Basin planning project that spans 72 million acres of federal land across six Western states. The White House Office of Management and Budget has threatened to recommend a veto of the bill because of inadequate funding for several programs and a number of anti-environmental riders.

The two bills include the following funding for Department of the Interior agencies:

**$1.66 billion in the Senate for the National Park Service, ($51 million below FY '98 and $150 million below the Administration's request) compared to only $1.6 billion in the House; **$1.2 billion in the Senate for the Bureau of Land Management (consistent with the Administration's request) compared to $1.155 billion in the House; **$797.3 million in the Senate for the U.S. Fish and Wildlife Service (an increase of $24 million over FY '98 and $73 million below the Administration's request) compared to $744.9 million in the House; **$772.1 million in the Senate and $774.84 million in the House for the U.S. Geological Survey, both below the Administration's request of $807 million; **$276 million in the Senate and $279 in the House for the Office of Surface Mining, consistent with the Administration's request; **$123.4 million in the Senate and $122.52 million in the House for the Minerals Management Service, roughly $5 million below the Administration's request; **$166 million in the Senate and $109 million in the House for the Land and Water Conservation Fund, compared to the Administration's $214 million request.

Numerous controversial provisions were put off for floor debate. The bill includes a rider introduced by Senate Interior Appropriations Subcommittee Chair Slade Gorton (R-WA) which would halt key river restoration, water quality, and salmon recovery activities in the Pacific Northwest. This rider, Section 343, would prevent federal or state agencies from altering existing dam operations including the federal dams in the Columbia-Snake River System, over 100 non-federal dams currently undergoing FERC relicensing, and numerous reservoirs and irrigation diversions subject to state water laws.

Senate Appropriations Chair Ted Stevens (R-AK) announced his intention to block any amendments brought to the floor that would prevent the passage of a rider allowing the right-of-way for a road to be constructed through the Izembek National Wildlife Refuge in Alaska. Another controversial rider contains language banning all funding for the reintroduction of the grizzly bear in Idaho.

Last week the Senate confirmed the nomination of Mary Anne Sullivan to become the General Counsel for the Department of Energy and Donald Barry as the Assistant Secretary of Interior for Fish, Wildlife, and Parks.

Sites and Projects:

On June 24, the Clinton Administration threatened to veto S. 1771, a bill offered by Senator Ben Nighthorse Campbell (R-CO) as a compromise to the controversial Animas-LaPlata water project in southern Colorado. The compromise would threaten the Gold Medal Trout fishery and several regional endangered fish species.

The House Water and Power Subcommittee approved a bill proposed by subcommittee chair John Doolittle (R-CA) as an alternative to the controversial Auburn Dam proposal near Sacramento, rejected by the House Transportation Committee in 1996. The new bill, HR. 4111, proposes reconstructing the already existing Folsom Dam and building a cofferdam at the proposed site for the Auburn Dam to provide the needed water. Congressmen Robert Matsui and Vic Fazio, both Democrats from California, have introduced an alternative plan under HR. 3698.

The House Water and Power Subcommittee also approved the transfer from federal to local authorities of several water projects including the Flathead Indian Irrigation Project in Montana, the Carlsbad Project in New Mexico, the Sly Park Project in Sacramento, the Minidoka Project in Idaho, and the Gila Project in Arizona.

Water Quality:

On Thursday, the House Appropriations Committee approved the $7.4 billion VA-HUD FY '99 Appropriations bill which provides $60 million more than FY '98, but $368 less than the Administration's request. The Committee maintained the current $1.5 billion funding for the Superfund program, but provides $650 million less than the Administration's request. The bill includes $75 million for the Brownfield program, which is consistent with FY '98 funding, but $16 million less than the Administration's request. The bill also contains language specifying that the $75 million must be spent on assessing Brownfield sites and developing cleanup programs, not on specific cleanup activities. The Committee approved a $1.3 billion state revolving loan fund for clean water and a $775 million safe drinking water state revolving loan fund. The Committee also met the Administration's request for an increase of $145 million for a Clean Water Action Plan which will provide additional non-point source pollution grants and gener al assistance grants for state agencies. The Senate approved its version, S. 2168, on June 11.

Wetlands:

Congressional Schedule for June 29 - July 3:

The House and Senate are in recess for the Fourth of July holiday until July 14th and July 6th, respectively.

Future Events:

July 14th: Senate Water and Power Subcommittee hearing on S. 1771, a bill concerning the management of the Columbia and Snake River Basin by the Bonneville Power Administration and several federal agencies at 2:30 p.m. in 366 Dirksen.

American Rivers 1025 Vermont Avenue, NW, Suite 720 Washington, DC 20005 (202) 347-7550

Legislative information taken from many sources including: Congressional Green Sheets, Environment and Energy Weekly, and Roll Call.