American Rivers Policy Update For the week of June 28, 1999

VIEW THIS ON THE AMERICAN RIVERS WEBPAGE WITH DIRECT LINKS TO THE ACTUAL BILLS!! Click here to go to: http://www.amrivers.org/policynew.html

APPROPRIATIONS
DAMS
- Edwards Dam To Be Removed July 1:
ENDANGERED SPECIES
- Senate to Consider ESA Reform Bill:
- House Resources Plans Field Hearing on ESA Enforcement in California:
Online Resources
- New Online Watershed Atlas:
RIVER RESTORATION
- New Bill To Revitalize, Restore Missouri River:
- Commission for Environmental Cooperation to Discuss Upper San Pedro River:
SPRAWL
- Field Hearing Set to Discuss Sprawl and Livability in Las Vegas Valley:
WATER RESOURCES
- Senate and House Panels to Discuss Montana Water Deal:
RIVER-RELATED BILLS IN CONGRESS
HEARINGS
LINKS TO PAST UPDATES:

APPROPRIATIONS

Full Senate Hopes to Take Up Appropriations Bills:

Having run out of time last week, the full Senate will try again this week to bring several FY'00 appropriations bills to the floor. Among the bills are S. 1217, Commerce, Justice and State, the Judiciary, and related agencies and S. 1233, Agriculture, Rural Development, the Food and Drug Administration, and related agencies.

The Senate Appropriations Committee passed S. 1217 on June 10, including an amendment offered by Senator Ted Stevens (R-AK) that set conditions for disbursement of a $100 million request by the Clinton Administration for river restoration and salmon recovery in the Pacific Northwest. Overall, the $35 billion funding measure would provide the National Oceanic and Atmospheric Administration with $2.55 billion for its ocean, coastal, fisheries, and atmospheric programs. The National Marine Fisheries Service (NMFS) would receive $442 million, an increase of $22 million over the Administration's request and $59 million more than current funding levels.

The Senate Appropriations Committee unanimously approved the $60.7 billion agriculture funding bill (S. 1233) on June 17. Only $14 billion of the total is available for discretionary appropriations such as funding for the Natural Resources Conservation Service. Conservation services under the NRCS would receive $656 million, $24 million below the amount requested by the Clinton Administration. The Environmental Quality Incentives Program would be limited to $174 million, far below the Clinton Administration's request of $300 million

For more information on S. 1217 and S.1233, see
Click here to go to: http://www.amrivers.org/policy6-21.html .

Senate Appropriations Committee Approves Interior Funding Bill:

Last week, the Senate Appropriations Committee passed its $13.942 billion FY'00 Interior funding bill, which provides resources for most of the agencies that manage the nation's natural resources, including the National Park Service, the Bureau of Land Management, the Minerals Management Service, the Forest Service, and the Office of Surface Mining. The overall interior funding figure for the Senate falls short of the Clinton Administration's request of $15.048 billion.

The Senate Appropriations Committee voted on a number of amendments, including one offered by Senator Slade Gorton (R-WA) to reverse an opinion by the solicitor of the Interior Department affecting modern, heap-leach mines for gold and other hardrock minerals. The Committee voted 16-9 to reverse the solicitor's decision, thereby overriding the Clinton Administration's May 26 denial of an operating plan for Battle Mountain Gold's proposal for the Crown Jewel Mine in Okanogan County, Washington. For more information on the amendment, see
Click here to go to: http://www.amrivers.org/policy6-14.html

As approved by the Committee, the funding bill would provide $1.355 billion for operation of the national park service, $828 million for the US Fish and Wildlife Service, $1.22 billion for the Bureau of Land Management, $2.68 billion for the US Forest Service, and $236 million for land acquisition.

In its FY'00 funding proposal, the Administration requested $2.06 billion for the National Park Service, $950 million for the Fish and Wildlife Service, $1.27 billion for the Bureau of Land Management, $305.8 million for the Office of Surface Mining, $2.82 billion for the US Forest Service, and $124.9 million for biological research programs under the US Geological Survey.

House Appropriations Subcommittee to Mark up Interior Funding Bill:

On Tuesday, the House Appropriations Subcommittee on Interior will take up the FY'00 Interior funding bill, despite widespread belief that the bill would be delayed for some time. The currently approved allocation for the Interior bill is $11.341 billion, $2.5 billion below the bill recently approved by the Senate Appropriations Committee and current funding levels.

Although no markup is scheduled, the full House Appropriations Committee could take up the bill as early as Friday, July 2.

The lower funding level due to spending caps imposed by the balanced budget agreement could prompt some acrimony as deliberations proceed, but senior appropriators have expressed their hopes of keeping the bill free of controversial riders to keep it moving quickly.

The markup is scheduled for 10:00 a.m. on Tuesday, June 29 in B-308 Rayburn House Office Building.

DAMS

Edwards Dam To Be Removed July 1:

The Edwards Dam will be removed on July 1, triggering an unprecedented restoration effort on Maine's Kennebec River. Interior Secretary Bruce Babbitt, Governor Angus King, and members of Maine's congressional delegation will be on the bank of the river in Augusta, Maine to witness the historic event and speak of its significance. Removal of the 160-year-old dam will allow the Kennebec to flow freely from Waterville, Maine and will help restore nine migratory fish species to the river.

The removal is the result of a decade-long effort by the Kennebec Coalition (made up of American Rivers, Atlantic Salmon Federation, Natural Resources Council of Maine, and Trout Unlimited) and an innovative agreement forged by the Federal Energy Regulatory Commission, federal and state natural resource agencies, the city of Augusta, the state of Maine, and the dam owner.

The unprecedented agreement was signed in the wake of the ruling by the Federal Energy Regulatory Commission that the enormous value of a free-flowing Kennebec River to people and the environment outweighs the value of the tiny amount of hydropower once produced at the site.

The presentation by Interior Secretary Bruce Babbitt, Governor Angus King, and members of Maine's congressional delegation will begin at 8:30 a.m. on July 1. The dam removal will begin at 9:06 am. Note: The date of the removal is subject to change in the event of extremely high precipitation between now and July 1. For more information on the Edwards Dam, visit
Click here to go to: http://www.amrivers.org/edwardsremoval.html

ENDANGERED SPECIES

Senate to Consider ESA Reform Bill:

On Tuesday, June 29, the Senate Environment and Public Works Committee is scheduled to mark up Senator Pete Domenici's (R-NM) bill aimed at narrowly amending the Endangered Species Act. The bill, S. 1100, which is co-sponsored by Senators John Chafee (R-RI) and Mike Crapo (R-ID), would reform the ESA requirements for developing recovery plans and designating critical habitat for species.

The legislation would require the federal agencies to shift the designation of critical habitat from the time of listing to the recovery planning process and mandate that recovery plans be completed within three years after a species is listed. S. 1100 would reintroduce the "not determinable" provision, which would exempt the US Fish and Wildlife Service from having to designate critical habitat if the agency is unable to determine what the habitat should be. Congress eliminated the loophole in 1983 because it was being used too widely and frequently. The bill would eliminate all timelines for providing critical habitat to species that already have approved recovery plans. Currently, nine percent of all threatened and endangered species have critical habitat, while seventy-five percent already have recovery plans. In addition, any lawsuit challenging the designation of critical habitat would have to challenge the recovery plan upon which the designation was based.

A number of environmental groups contend that S. 1100 could do more harm than good by causing further delay and adding to the costs of critical habitat designation. Among the criticisms are that S. 1100 would not close the loopholes that have contributed to the backlog of more than 1,000 species without designated habitats, would not require recovery goals or improve implementation, and would not require the Secretary of the Interior to protect survival habitat during the 3-year recovery planning process.

Only 10 percent of the 1,200 species listed under the Endangered Species Act currently have critical habitat designation.

The markup is scheduled for 10:00 a.m. on Tuesday, June 29 in 406 Dirksen Senate Office Building.

House Resources Plans Field Hearing on ESA Enforcement in California:

At the request of Representative Ken Calvert (R-CA), the House Resources Committee will hold a field hearing on July 9 on enforcement of the Endangered Species Act (ESA) in California. Representative Richard Pombo (R-CA) will chair the hearing, with Representatives Mary Bono (R-CA), Duncan Hunter (R-CA), and Gary Miller (R-CA) also in attendance.

The focus of the field hearing will be the concerns of the attending members of Congress and their constituents regarding the operation of the US Fish and Wildlife Service's Carlsbad field office in San Diego County, California. Believing that the problems are due to enforcement of the ESA by the Carlsbad field office and not the ESA itself, Representative Calvert has introduced four amendments to the act. H.R. 1763 would limit the costs of endangered species mitigation efforts for public construction projects to no more than ten percent of total project costs. H.R. 2131 would prohibit the FWS from requiring mitigation activities for the impacts of past actions.

H.R. 2253 would forbid the FWS from using data or evidence collected by trespassing on private property to justify designation of critical habitat for listed species. H.R. 2343 would require the National Academy of Sciences to review and make recommendations on which threatened and endangered species should be removed from protected lists.

The hearing is scheduled for 9:00 a.m. on July 9 in Simpson Center, 305 East Devonshire, Hemet, California. For more information, contact Elizabeth Megginson or Jean Flemma of the House Resources Committee at 202-225-2761 or 202-226-2311.

Online Resources

New Online Watershed Atlas:

The Pennsylvania Environmental Council and the Allegheny Watershed Network have put together a new online watershed atlas at
Click here to go to: http://www.watershedatlas.com/fs_resource.html The site provides detailed information and maps for each of the smaller watersheds within the Allegheny Watershed, papers on natural systems and human impacts to those systems, and GIS case studies.

RIVER RESTORATION

New Bill To Revitalize, Restore Missouri River:

On June 25, Senator Bob Kerrey (D-NE) introduced his Missouri River Valley Improvement Act of 1999. The $320 million bill, which is co-sponsored by Senator Tom Daschle (D-SD), would authorize new riverfront revitalization projects, interpretive centers, and recreational facilities; establish a river monitoring program; and expand existing habitat restoration efforts in Nebraska, Iowa, Kansas and Missouri.

The bill would require the Corps of Engineers and the Department of Interior to consider creating a habitat restoration program for the Dakotas and Eastern Montana, acquire land from willing sellers to expand the Missouri's refuge system, and study dam operations designed to aid cottonwood along the 149-mile Wild and Scenic segment in Montana. The bill would also amend the Flood Control Act of 1944 to put fish and wildlife on an equal footing with navigation, flood control, hydropower and irrigation. The bill does not authorize any new land acquisition.

The Missouri River Valley Improvement Act would authorize $42 million to construct Lewis and Clark interpretive centers in six communities, including Kansas City, Nebraska City, Sioux City, Pierre, and Bismarck, and $15 million to help implement riverfront revitalization projects.

Commission for Environmental Cooperation to Discuss Upper San Pedro River:

One of the items on the agenda of the Commission for Environmental Cooperation's (CEC) June 27-29 meeting in Alberta, Canada, will be the fate of the Upper San Pedro River in Arizona and Sonora, Mexico. The Upper San Pedro River, highly valued for its biological diversity and importance for neotropical migrating birds, is threatened by the rapid depletion of the regional aquifer that maintains the river's year-round flows. For more information on the Upper San Pedro River, visit
Click here to go to: http://www.amrivers.org/99sanpedro.html

The Secretariat will present the final report on the San Pedro Initiative and make recommendations regarding potential actions to help preserve the river and its habitat. The report was developed by the San Pedro Expert Team, a body convened by the CEC to conduct an independent, science-based inquiry into the operative ecological, biohydrologic, socio-economic, and legal/institutional circumstances that characterize the availability of base water flows needed to sustain and enhance the riparian area along the upper San Pedro River. The full report is available at
Click here to go to: http://www.cec.org/english/new/experte.cfm?format=1 . To see the agenda of the conference or for more information about the CEC, visit www.cec.org.

SPRAWL

Field Hearing Set to Discuss Sprawl and Livability in Las Vegas Valley:

During the upcoming Congressional recess, the Senate Environment and Public Works Committee will hold a field hearing on the impacts of sprawl in the Las Vegas Valley, home to some of the hottest real estate in the country.

Property values in the area range between $10,000 and $50,000 per acre.

A number of local governments have expressed concern regarding ad hoc disposal of scattered tracts of lands, a situation that has spurred rapid and frequently poorly planned growth. They believe this phenomenon has countered the positive impacts of their investments in water supply, power lines, and roads on property values in the valley.

The situation is in part fostered by legislation passed by Congress (H.R.

449) that directed the Bureau of Land Management to sell or trade 17,000 acres of scattered tracts throughout the valley. The goal of the legislation was to promote responsible and orderly development in the valley.

Momentum has been growing rapidly behind efforts to control of unplanned urban sprawl, as witnessed in the large number of ballot issues considered and passed in the 1998 elections, the Clinton Administration's $1 billion Lands Legacy proposal to promote smart growth, and the formation of the Senate task force on smart growth.

The hearing will be held on July 7 at 9:00 a.m. in the Las Vegas City Chambers at 400 Stewart Street, Las Vegas, Nevada. For more information, contact the Jason Patlis or Chris Miller of the Senate Environment Committee at 202-224-6176 or 202-224-8832.

For more information on the impacts of sprawl, see
Click here to go to: http://www.amrivers.org/endanger.html
Click here to go to: http://www.sierraclub.org/transportation/sprawl/sprawl_report

WATER RESOURCES

Senate and House Panels to Discuss Montana Water Deal:

This week, the Senate Indian Affairs Committee and the House Resources Subcommittee on Water and Power will hold hearings on legislation to ratify a water rights settlement for the Chippewa Cree Tribe of the Rocky Boy's Reservation in Montana. The Montana Legislature adopted the measure and Montana Governor Marc Racicot (R) signed it in 1997.

The legislation, S. 438, introduced by Senators Conrad Burns (R-MT) and Max Baucus (D-MT), and H.R. 795, introduced by Representative Rick Hill (R-MT), aims to alleviate the water supply problems faced by the members of the Chippewa Cree Tribe living on Rocky Boy's Reservation, a 108,000 acre reservation in north central Montana where annual rainfall averages less than twelve inches. The agreement would allow for enlarged or entirely new reservoirs on the reservation to capture a portion of the annual spring runoff from Bear Mountains. The bill would provide $15 million in seed money to fund a future project to import drinking water to the reservation, $1 million to identify water sources to meet future needs on the reservation, and $3 million for a regional study to evaluate water resources in the region. The legislation is not viewed as controversial and has the support of the Clinton Administration.

The Senate hearing is at 9:30 a.m. on Wednesday, June 30 in 485 Russell Senate Office Building. The House hearing is set for 11:00 a.m. on Thursday, July 1 in 1334 Longworth House Office Building.

RIVER-RELATED BILLS IN CONGRESS

For more information or to see the text of any of the bills listed below, go to the Thomas website at
Click here to go to: http://thomas.loc.gov/ and enter the bill number.

H.R. 2317: Introduced by Representative Jim Greenwood (R-PA), the Lower Delaware Wild and Scenic Rivers Act Section would amend the Wild and Scenic Rivers Act to include 65.6 miles of the Delaware River and associated tributaries in New Jersey and Pennsylvania. The bill would designate 38.9 miles of the Lower Delaware River and 3.0 miles of Paunacussing Creek as recreational and all of Tinicum Creek (14.7 miles) and 10.7 miles of Tohickon Creek as scenic. The designated segments will be managed in accordance with the Lower Delaware River Management Plan. The bill was referred to the House Resources Committee.

HEARINGS

Tuesday, June 29 9:30 a.m.: Senate Energy Committee hearing on electricity restructuring.

Location: 216 Hart Senate Office Building.

10:00 a.m.: Senate Environment and Public Works Committee hearing on a bill to change the procedures designating critical habitat for endangered species. Location: 406 Dirksen Senate Office Building.

2:00 p.m.: House Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans hearing on reauthorization of the Marine Mammal Protection Act, enacted in 1972 to ensure that marine mammal populations remain or are restored to healthy levels. Location: 1334 Longworth House Office Building.

2:00 p.m.: House Resources Subcommittee on Forests and Forest Health hearing on a General Accounting Office report criticizing the US Forest Service's efforts to deal with serious fire risks in Western forests. Location: 1324 Longworth House Office Building.

2:30 p.m.: Senate Energy Subcommittee on Forest and Public Land Management hearing on fire preparedness. Location: 366 Dirksen Senate Office Building.

Wednesday, June 30 9:30 a.m.: Senate Indian Affairs Committee hearing on legislation to ratify a water rights settlement for the Chippewa Cree Tribe in Montana. Location:

485 Russell Senate Office Building.

10:00 a.m.: House Government Reform Subcommittee on Legislation hearing on the Federalism Act (H.R. 2245). Under the bill, no new federal statute or rule would pre-empt any state or local law unless the federal statue or rule stated that such a pre-emption was intended or a federal statute directly conflicted with a state or local law. Location: 2247 Rayburn House Office Building.

11:00 a.m.: House Resources Committee hearing on a number of lands bills, including H.R. 1487 to lay out public participation requirements for national monument designation and H.R. 1444 to authorize the US Army Corps of Engineers to develop and implement projects for fish screens, fish passage devices, and other similar measures. Location: 1324 Longworth House Office Building.

2:30 p.m.: Senate Commerce Subcommittee on Oceans and Fisheries hearing on two bills to increase protection of coral reefs and reauthorization of the National Marine Sanctuaries Act. The two bills are S. 725, the Coral Reef Conservation Act, and S. 1253, the Coral Reef Protection Act. Location: 253 Russell Senate Office Building.

Thursday, July 1 10:00 a.m.: House Commerce Subcommittee on Energy and Power hearing on state and local issues related to electric industry restructuring. Location: 2123 Rayburn House Office Building.

11:00 a.m.: House Resources Subcommittee on Water and Power hearing on legislation to ratify a water rights settlement for the Chippewa Cree Tribe in Montana. Location 1334 Longworth House Office Building.

LINKS TO PAST UPDATES:

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

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Click here to go to: http://www.amrivers.org QUESTIONS? Contact Suzy McDowell, Conservation Outreach Coordinator, at smcdowell@amrivers.org or 202-347-7550x3040.

Legislative information taken from many sources including Thomas, Congressional Greensheets, Greenwire, and Roll Call.

Suzy McDowell
Outreach Coordinator
American Rivers
1025 Vermont Ave, NW, #720
Washington, DC 20005
202-347-7550 x3040
smcdowell@amrivers.org OR send online mail right now to: Suzy McDowell

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