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American Rivers Legislative Update For the week of August 3rd:


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  • 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:

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    Dams, Hydropower, and Electric Restructuring:

    The Senate confirmed the nomination of Bill Richardson as the Secretary of Energy, last Friday, after President Clinton wrote a letter to Senator Larry Craig (R-ID) reassuring him that Richardson would be given the authority to discuss solutions to nuclear waste problems. Craig had threatened to block Richardson's Senate confirmation if not assured this authority by the Administration.

    Senator Frank Murkowski (R-AK) introduced a bill (S. 2379) last Thursday to assist rural communities with their electric infrastructure. The bill would authorize grants of $100 million per year for five years for communities with populations under ten thousand. To qualify, the communities must have electric rates at least 1.5 times the national average. The funding would help to weatherize homes, and repair generation systems. The bill would also amend the Rural Electrification Act to allow an increase of $20 million per year to increase efficiency and lower rates in these communities. Tom Daschle (D-SD), the Senate Minority Leader has already signed the bill.

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    Flood Control and Riparian Restoration:

    Last week, the Senate Environment and Public Works Committee marked up the $1.5 billion 1998 Water Resources Development Act (WRDA), the Army Corps of Engineers' biennial authorization for new water projects and alterations to existing projects. Many of the approved projects took into account the Administration's Challenge 21, which emphasizes non-structural flood control. The Committee funded $75 million for FY '00 and '01 and capped each project at $25 million. Under Challenge 21, the Administration requested a six year program funded at $325 million, with a limit of $75 million per project.

    The Committee approved an increase from $19.5 million to over $33 million annually for the Environmental Management Program (EMP), the Mississippi River's primary habitat restoration program. Additionally, in response to requests from a number of environmental organizations including American Rivers, the Committee adopted language to make EMP more cost-effective by directing the Corps to design a blueprint to guide future restoration efforts, and create an independent agency to review proposed projects. Within the bill, the Committee also included a version of S. 1399, a bill introduced by Senator "Kit" Bond (R-MO), which under its amended version would create a two-year $30 million restoration program for the Missouri River and Upper Mississippi Rivers. Additionally, the bill would direct the Corps to modify existing flood control structures between Sioux City and St. Louis to create habitat for river wildlife.

    An amendment by Senator Dirk Kempthorne (R-ID) was adopted which would provide $46 million to alter dams to help with the recovery of salmon and steelhead along the Columbia and Snake Rivers. $35 million of this funding would be to research and develop "fish-friendly" turbines. The bill authorizes 31 project modifications, 23 studies, and 22 new projects including:

    Flood control $302 million for the American River (CA) $16.6 million for Llagas Creek (CA) $17.7 million for the Park River (ND) $38.8 million for several streams near Sacramento

    Flood damage reduction $16.7 million within the Yuba River Basin (CA) $140.9 million in Grand Forks (ND) and East Grand Forks (MN) $22.9 million in Turkey Creek Basin (MO and KS) $5.6 million along the Red Lake River (MN) $42.9 million for recreation and flood damage reduction on the Upper Guadalupe River (CA)

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    Mining and Grazing:

    The Senate Energy and Natural Resources Committee passed a house bill (H.R. 2493) on a partyline vote of 11-9 which would set up a grazing fee structure, raise the current cost per head of cattle from $1.35 to $1.84, and guarantee that if ranchers follow the terms of their contract, they will receive automatic renewal of their ranching permits after ten years.

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

    The Commerce, State, Justice FY '99 Appropriations bill, which would provide $339.7 million for the National Marine Fisheries Service, is scheduled for House floor action this week. The bill provides less than the Administration's request of $351.3 million and is below the current $346.2 million in funding. Conservation operations were cut by over $3 million to a level of $51.2 million. Also, the bill would provide $2 billion for the National Oceanic and Atmospheric Administration (NOAA). Congressmen Wayne Gilcrest (R-MD) and Frank Pallone (D-NJ) are likely to offer an amendment which would increase funding from $5 million to $12 million for coastal nonpoint source pollution efforts, $7 million of which would go to states for both design and implementation of cleanup programs.

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    Sites and Projects:

    Last Wednesday, the House Resources Committee passed H.R. 1110 which would add portions of the Sudbury, Assabet, and Concord Rivers in Massachusetts to the National Wild and Scenic Rivers System.

    The Committee also passed H.R. 4079, which would authorize up to $5 million for the Bureau of Reclamation to install temperature control devices in California's Folsom Dam.

    The Committee also passed Chairman Young's (R-AK) bill H.R. 3903 which would authorize a land exchange of up to 1,100 acres of land in Alaska's Glacier Bay National Park in exchange for other state-owned land to enable the construction of a small hydroproject.

    The Senate Energy and Natural Resources Committee passed its version, S. 2109 last Wednesday. Other bills passed by the Committee include:

    S. 2087 which would authorize the transfer of the Gila Project in Arizona to the Wellton- Mohawk Irrigation and Drainage District;

    H.R. 2886, a House bill, authorizing the U.S. Forest Service to hire only one contractor to manage restoration activities in California's Granite watershed in Stanislaus National Forest;

    S. 1398 which would extend contracts between the Bureau of Reclamation and the Glendo Unit of the Pick-Sloan Missouri River Basin Program until December 31, 2001;

    H.R. 1663, a House bill, authorizing the Secretary of Agriculture to allow a non-federal entity to continue maintaining 18 concrete dams and weirs located within the Emigrant Wilderness, an area of Stanilaus National Forest;

    S. 2171 which would extend the Federal Power Act deadline to build a hydroelectric project in Arkansas;

    S. 469 which would designate part of the Sudbury, Assabet and Concord Rivers as part of the National Wild and Scenic Rivers System; and

    S. 1665 which would reauthorize the Delaware and Lehigh Navigation Heritage Corridor Act.

    The House Resources Committee plans to markup a number of bills this Wednesday, August 5, at 11 a.m. in 1324 Longworth. The bills include:

    H.R. 1481 which would permit implementation of recommendations made in a 1995 study to restore the Great Lakes fishery;

    H.R. 1282 which would authorize the transfer of the Minidoka project in Idaho to the Burley Irrigation District;

    H.R. 1943 which would authorize the transfer of property within New Mexico's Carlsbad project to the Carlsbad Irrigation District;

    H.R. 2161 which would authorize the transfer the Palmetto Bend Project to the state of Texas.

    H.R. 3706 which would allow the Interior Secretary to transfer the jurisdiction of lands within Colorado's Pine River Project between the Department of the Interior, the Bureau of Reclamation, the Department of Agriculture, the Forest Service, and the Bureau of Indian Affairs; and

    H.R. 4048 which would transfer the Sly Park Dam and Reservoir to the El Dorado Irrigation District in California.

    The House Resources Subcommittee on National Parks and Public Lands plans to mark up H.R. 4141, which changes the boundaries of the Chattahoochee River National Recreation Area, on Thursday, August 6, at 10 a.m. in 1324 Longworth.

    The Senate Water and Power Subcommittee plans a field hearing on Bonneville Power's management of the Columbia-Snake River basin in Pendleton, Oregon this week. Senator Gordon Smith (R-OR) introduced a bill (S. 2111) which sets guidelines that federal agencies, including the Bonneville Power Administration, must follow to participate in memorandums of understanding with non-federal groups in the "Three Sovereigns" program. The bill would authorize a committee comprised of representatives of various groups including local governments, environmental organizations, BPA customers, grazers, shippers, and land owners to help federal agencies plan the "Three Sovereigns" river governance design. This governance plan seeks to balance the needs of fish and wildlife with economic concerns on the Snake and Columbia Rivers. The hearing will be this Tuesday, August 4, at 9:30 a.m. at the Pendleton Convention Center.

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    Water Quality:

    The House passed the VA-HUD Independent Agencies FY '99 Appropriations bill, H.R. 4194, last Wednesday, which would provide $7.423 billion for the EPA. The bill allocates $370 million less than the Administration's request, but more than $7.415 billion voted by the Senate on July 17th. The House bill would provide $1.250 billion for the clean water state revolving fund, whereas the Senate bill would allow $1.4 billion.

    The House version provided full funding for its portion of EPA's Clean Water Action Plan. This includes $200 million for Clean Water Act Section 319 nonpoint source pollution grants, an increase of $95 million, and $116 million for Clean Water Act Section 106 state water quality management grants, a boost of $20 million. The Senate allocated only a $50 million increase for Section 319 grants, and $5 million additional funds for Section 106 grants. The House adopted an amendment by Representative Diane DeGette (D-CO) which would increase funding for brownfields to $91.4 million to match the Administration's request. A provision included in the House reports would delay the removal of sediment from waterways contaminated with polychlorinated biphenyls (PCBs) through the process of dredging. The Senate does not address the issue in its version and the discrepancy will be discussed in the conference session.

    The House Commerce Oversight and Investigations Subcommittee will hold a hearing about the EPA's environmental justice program at 10 a.m. on Thursday, August 6, in 2123 Rayburn.

    Senator Wayne Allard (R-CO) has threatened to block the nominations to the EPA of J. Charles Fox as the Assistant Administrator for Water and Romulo Diaz as the Assistant Administrator for Administration and Resources Management unless the agency settles a dispute over a state audit privilege law. Diaz is currently the Director of Regulatory Coordination at the Department of Energy and has worked extensively with the Federal Energy Regulatory Commission. Fox is EPA's current Associate Administrator for Reinvention. In his new position directing EPA's water programs, Fox would oversee implementation of the Safe Drinking Water Act and the Clean Water Action plan, in addition to managing a budget of $2.6 billion.

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    Wetlands:

    Congressional Schedule for August 3-7:

    The Senate is in recess until September 7.

    Monday: No action.

    Tuesday: Senate field hearing on Columbia-Snake Management--9:30 a.m. Pendleton, Oregon.

    Wednesday: Full markup of several water facility transfers--House Resources Committee 11 a.m. in 1324 Longworth.

    Thursday: Hearing on environmental justice--House Commerce Oversight and Investigations Subcommittee 10 a.m. in 2123 Rayburn. Markup of Chattahoochee River legislation-- House Resources National Parks and Public Lands Subcommittee 10 a.m. in 1324 Longworth.

    Friday: No action.

    Future Events:

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

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

    Jennifer Rikoski American Rivers 1025 Vermont Ave. NW, Suite 720 Washington, DC 20005 (202) 347-7550 x 3006


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