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Water Resources Coalition eNewsletter
July 2009
In This Issue
CEQ Reopens Debate on Changes to 'Principles & Guidelines' Ordered by Congress in 2007
Interior Allocates Additional ARRA Funds
Corps Testified Before the Subcommittee on Water Resources and Environment
Senate Committee Debates Flooding Protections for New Orleans
House Committee Wants EPA in Charge of Security Measures at Wastewater Facilities
Senator Encourages Shipping by Sea or Inland Waterways
House Passes Historic Climate, Energy Bill
WRC Releases Legislative Brief on EPA Funding
Upcoming Clean Water Trust Fund Hearing
NWQMC Hosting Annual Monitoring Conference
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Join The Coaltion! 
Welcome to the Water Resources Coalition's July newsletter. This Water Resources Coalition newsletter will once again focus on all of the progress being made as we try to achieve the development, implementation, and funding of a comprehensive, national water resources policy to ensure a sustainable, productive economy; a healthy aquatic ecology; and public health and safety. Have a safe and happy summer! Also please check out our special newsletter that went out June 25, 2009.
CEQ Reopens Debate on Changes to 'Principles & Guidelines' Ordered by Congress in 2007
The Council on Environmental Quality (CEQ) issued a notice and "request for suggestions" on July 1 in an attempt to reopen the debate surrounding the Principles and Guidelines first proposed by the Corps of Engineers in 2008. The CEQ is requesting comment on whether the P&G should apply to all federal agencies, not just the four (Corps of Engineers, Bureau of Reclamation, Natural Resources Conservation service, and the Tennessee Valley Authority) that were covered under the guidelines issued in 1983. The CEQ will accept public comments on this new interpretation through July 17. The Water Resources Coalition has already been in contact with both the White House and CEQ.

The CEQ notice raises questions regarding the correct interpretation of a requirement in the Water Resources Development Act of 2007, which stated that the Secretary of the Army "shall issue revisions to the principles and guidelines for use by the Secretary in the formulation, evaluation, and implementation of water resources projects." Section 2031 further requires the Secretary to "consult with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, the National Academy of Sciences, and the Council on Environmental Quality."

Taken together, section 2031 appears (1) to give the Secretary sole authority to revise the P&G, (2) to apply the revised P&G exclusively to the Corps of Engineers, and (3) to seek the views of other agencies. The consultation requirement does not appear to give the CEQ (or the other agencies) authority to "facilitate an interagency drafting" of a new P&G, as the CEQ notice stated.
 
The Water Resources Coalition provided input to the Principles and Guidelines last year, however given the broadened nature of this undertaking we are reengaging and believe Congress made it clear what was to take place.  
Interior Allocates Additional ARRA Funds 
Secretary of the Interior Ken Salazar announced on July 1, that the Bureau of Reclamation has identified 27 water reclamation and reuse projects that will share in a total of $134.3 million under the American Recovery and Reinvestment Act of 2009 (ARRA). 
 
The announcement brings total funding for California water-related activities funding under the Interior portion of ARRA to $381 million. These 27 projects will team non-federal sponsors with local communities and the federal government to provide growing communities with new sources of clean water while promoting water and energy efficiency and environmental stewardship.

Of the nearly $135 million in funding announced by the Department, the Bureau of Reclamation will utilize about $4.2 million, or 3 percent, to ensure the projects' compliance with federal regulations and statutes as well as adherence to the Recovery Act goals.
 
For more information on the projects click here.
Corps Testifies before the Subcommittee on Water Resources and Environment
On June 16th the House Transportation and Infrastructure Subcommittee on Water Resources and Environment held a hearing to discuss the decrease in funding proposed for the agency by the Obama Administration in FY 2010.
 
The President's budget request would cut funding for the US Army Corps of Engineers by 5.4 percent in fiscal year 2010 and proposes that commercial boaters pay a lock usage fee, rather than the diesel fuel tax that is currently in place, in order to generate some money for waterway infrastructure.
 
Both the Acting Assistant Secretary of the Army Corps of Engineers, Terrence Salt, and Lt. General Robert Van Antwerp, the Corps' Chief of Engineers testified before the committee and argued that while the Administration is making some cuts, the budget request is the highest by any president for Civil Works programs. Additionally, Mr. Salt stressed that the Administration's budget request includes $5 million for the Corps to begin planning for the effects of climate change on infrastructure.
 
Lt. General Robert Van Antwerp and Mr. Terrence Salt's full testimonies can be read here.
Senate Committee Debates Flooding Protections for New Orleans 
The Senate Environment and Public Works (EPW) Committee examined a US Army Corps of Engineers proposal on June 16, that calls for the building of pumping stations on three of the city of New Orleans outfall canals to pump water from the city into neighboring Lake Pontchartrain when tropical storms threaten.
 
The plan also discusses other options to completely redesign the canals to eliminate older floodwalls like those that were breached during Hurricane Katrina in 2005, to create a less complex single-pump system for each canal, and to build a pump to send flood water from the city into the Mississippi River, called the "pump to the river" plan.

State, local and Federal officials support the more expensive "pump to the river" plan.  But the Corps is constructing its initial proposal to pump water to Lake Pontchartrain.  General Michael Walsh, the Commander of the Mississippi River Division, defended the chosen plan, but he acknowledged that it would not modify the three canals as required by Congress in 2006.  He acknowledged that the Corps approach could result in greater flooding within the city in the future.

The dispute involves differing interpretations of a Congressional directive enacted in 2006.  The law required the Corps "to modify ... projects in southeast Louisiana to provide hurricane and storm-damage reduction and flood-damage reduction" in the New Orleans area.  The law specifically required the Corps to spend up to $530 million "to modify the 17th Street, Orleans Avenue, and London Avenue drainage canals" and install new pumps and floodgates.

The plan chosen by the Corps in 2007, however, would not modify the flood-protection systems along the three canals because the 2006 law does not allow it, according to Walsh.  Sen. Mary Landrieu (D-LA) and Sen. David Vitter (R-LA) were perplexed by the Corps' reading of the law.
 
Sen. Barbara Boxer (D-CA), EPW chair, said Landrieu and Vitter should write legislation specifically authorizing improved floodwalls and the pump-to-the-river proposal for action by the committee outside the normal process for authorizing Corps of Engineers water resources projects.
 
To view full testimony from the hearing click here.
House Committee Wants EPA In Charge Of Security Measures At Wastewater Facilities
Members of the House Transportation and Infrastructure (T&I) Committee introduced H.R. 2883 on June 16, in order to ensure that the Environmental Protection Agency (EPA) retains oversight of security at wastewater facilities.
 
Under current regulations, which expire in October, security measures for drinking water and wastewater fall under the EPA. However the House Homeland Security Committee passed H.R. 2868, which would place wastewater facility oversight under the Department of Homeland Security, while drinking water oversight remains with the EPA. The T&I Committee argues that this compromise will not provide sufficient security, since it would eventually lead to two different regulations from two different agencies for water facilities.
 
While debate continues to rage about jurisdiction the Obama Administration has ensured there will not be a security gap, by proposing a extension to the current regulations through October 2010 in the FY 2010 budget request.
Senator Encourages Shipping by Sea or Inland Waterways
Senator Frank R. Lautenberg (D-NJ) introduced a bill (S.1385) on June 19th to reduce congestion on the nation's roads by encouraging more freight to be carried by barges and ships. The legislation would create a grant program for "America's Marine Highways" to encourage shipping by sea or inland waterway and establish a new program to modernize port facilities to make freight movement more efficient.
 
Lautenberg's bill, the Maritime Administration Authorization Act of Fiscal Year 2010, would create a grant program to establish America's Marine Highway as an extension of the surface transportation system.
 
To view the full press release please visit:
 
House Passes Historic Climate, Energy Bill 
The House of Representatives last week passed the American Clean Energy and Security Act. The bill would create a cap-and-trade program for carbon emissions in the United States and make sweeping changes in the way Americans produce, buy, and use energy.

"Today we have taken decisive and historic action to promote America's energy security and to create millions of clean energy jobs that will drive our economic recovery and long-term growth," said Rep. Henry Waxman (D-CA), chair of the House Energy and Commerce Committee who led the fight for the bill in the House.

The bill (H.R. 2998):
  • Requires electric utilities to meet 20 percent of their electricity demand through renewable energy sources and energy efficiency by 2020.
  • Invests $190 billion in new clean energy technologies and energy efficiency, including energy efficiency and renewable energy ($90 billion in new investments by 2025), carbon capture and sequestration ($60 billion), electric and other advanced technology vehicles ($20 billion), and basic scientific research and development ($20 billion).
  • Mandates new energy-saving standards for buildings, appliances, and industry.
  • Reduces carbon emissions from major U.S. sources by 17 percent by 2020 and more than 80 percent by 2050 compared to 2005 levels. Complementary measures in the legislation, such as investments in preventing tropical deforestation, are designed to achieve significant additional reductions in carbon emissions.
  • Protects consumers from energy price increases. According to recent analyses from the Congressional Budget Office and the Environmental Protection Agency, the legislation will cost each household less than 50 cents per day in 2020 (not including energy efficiency savings). 
WRC Releases Legislative Brief on EPA Funding
The Water Resources Coalition released a legislative brief to media outlets across the nation on June 26th regarding the Environmental Protection Agency (EPA) budget for FY 2010. On June 26th, the House passed H.R. 2996, the FY 2010 Appropriations for Interior, Environment, and Related Agencies. The spending bill will fund the EPA at $10.6 billion, beginning October 1, more than $100 million more than the Obama Administration requested, and more than a third larger than last year's EPA appropriation.
 
The Coalition is pleased with the decision of the House and sees such steps as crucial toward closing the funding gap on EPA's water infrastructure program.
 
The full brief can be viewed here.
Upcoming Clean Water Trust Fund Hearing
The Government Accountability Office (GAO) this week released a report on options for a federal Clean Water Trust Fund. Faced with an estimated $400 billion funding gap over the next ten years, the nation's wastewater treatment systems will require an increase in revenues to pay for needed capital improvements. GAO's report explores multiple revenue-raising options such as excise taxes on beverages, pesticides, and pharmaceuticals; corporate income taxes; and water use taxes. The report does not endorse one particular revenue option, but advises that a combination of some or all of the options may be necessary to raise the targeted $10 billion a year.

The House Transportation and Infrastructure Subcommittee on Water Resources and Environment will be holding a hearing at 2pm on July 15th entitled, "Opportunities and Challenges in the Creation of a Clean Water Trust Fund". For more information check out the Subcommittee's website.
NWQMC Hosting its Annual Monitoring Conference!
The National Water Quality Monitoring Council (NWQMC) is hosting its 7th National Monitoring Conference, Monitoring from the Summit to the Sea, in Denver, CO from April 25-29, 2010. The conference will focus on the many facets of water quality and quantity monitoring for improved understanding, protection, and restoration of our natural resources and communities. It will also provide a unique forum for water practitioners from all backgrounds.
 
The NWQMC is requesting abstracts for oral and poster presentations that are applicable to the monitoring of all waters from the summit to the sea, including rivers, streams, lakes, groundwater, wetlands, estuaries and the ocean.
 
Abstracts should be submitted via the Internet by logging onto acwi.gov/monitoring/ and clicking on "2010 National Monitoring Conference." Follow the instructions provided on the abstract-submittal page.

All abstracts must be received no later than September 19, 2009.
 
Authors of abstracts accepted for oral and poster presentations will be notified by January 8th, 2010 and will receive further guidelines for preparation of presentations, papers, and posters. All presenters must register for the conference.
 
Sincerely,
 

Brian Pallasch and Marco Giamberardino
Co-Chairs

Water Resources Coalition
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