o wow
Office of Wetlands, Oceans & Watersheds
Legislative News
March 1993
Watershed Approach Receives Strong Wetlands Bill Introduced
Endorsement at Browner Hearing
Watershed protection themes were prevalent at the On January 5th, Representative Don Edwards (D-
confirmation hearing for Carol Browner. Browner, CA) introduced H.R. 350, the Wetlands Reform
who formerly served as Florida's Secretary of Envi- Act of 1993. The bill, which has 42 cosponsors, has
ronmental Protection and as an aide to then Senator been referred to the House Committees on Mer-
Al Gore, stressed the need for greater creativity and chant Marine & Fisheries, Public Works and Trans-
ingenuity in tackling environmental problems. The portation, and Ways and Means. It is very similar
need to go beyond EPA's traditional "command to legislation Edwards introduced in the 102nd
and control" approach to water pollution was em- Congress that received strongbackingby environ-
phasized. Geographic targeting, pollution preven- mental groups. One change is that this year's bill
tion and market incentives were several themes includes a new section with tax incentives to en-
that committee members advocated and the Ad- courage protection of privately-owned wetlands.
ministrator endorsed. In addition, since the National Academy of Sci-
ences (N AS) study on wetlands delineation is now
David Durenberger (R-MN) was one Senator who underway, H.R. 350 states that any revisions to the
championed watershed protection. In his opening Federal Delineation Manual shall consider the
statement, he said, findings of the NAS study (last year's bill had a
provision mandating the study).
"We have made a start on the ecosys-
tem approach under the Clean Water Like last year's proposal, H.R. 350 would expand
Act with the work in the Chesapeake the activities regulated under Section 404 to in-
Bay and the Great Lakes and through elude draining, flooding, excavation and driving
the National Estuary Program. Add- pilings, in addition to discharging fill or dredged
ing a thorough watershed component materials. It also would strengthen the role of the
to the basic structure of the Clean «* ™* cwildufe Sf** "if National Marine
Water Act is an additional step we Fisheries Service in the permit process In addi-
„ r tion, the bill would require EPA and the Army
must take. Corps of Engineers to report on the overall effects
Durenberger added, "We need an integrated view of the Section 404 program as well as on the
of each watershed if we are to make the best choices success of mitigation efforts. And it authorizes a
using our limited resources." pilot program for wetlands restoration.
In her testimony, Browner noted the importance of In an effort to expedite the permit process, H.R.
looking at receiving bodies of water as entire eco- 350 would require the Corps to devote some dis-
systems, including the flora and fauna, when de- trict staff exclusively for "small projects" (based
veloping environmental solutions. on size of discharge and applicant). In addition,
it would require the General Accounting Office to
Browner Hearing - Continued on Page 3 Wetlands Bill - Continued on Page 4
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Action on CWA a Priority
House and Senate environmental committees are
saying that CWA reauthorization is near the top of
their legislative agenda. The reauthorization of
Superfund, however, will be one competing prior-
ity because the House Public Works Committee
has jurisdiction over both laws.
Whether to continue and perhaps increase fund-
ing for the State Revolving Loan Fund, which is
now being considered as a provision in the Clinton
economic package, is expected to be a key issue in
this year’s reauthorization debate. Alternative
funding sources, such as a proposal offered last
session by Merchant Marine Committee Chair-
man’ Studds to tax toxic polluters and pesticide
manufacturers, will probably receive serious at-
tention.
‘Despite efforts to depoliticize the wetlands issue
by mandating the National Academy of Sciences’
study, the issue still remains very controversial
and will most likely be one of the most difficult
issues facing lawmakers this year. Despite 19
hearings last session on various clean water is-
sues, the House Public Works and Transportation
Committee failed to report a bill. A committee
aide attributes the inaction to the inability to reach
any kind of consensus on the wetlands issue.
Flow to address polluted run-off will also beat the
center of the CWA debate. Some lawmakers have
expressed interest in expanding the Coastal Zone
Act Reauthorization Amendments (CZARA) to
non-coastal areas to deal with nonpoint sources.
In addition, it is expected that watershed manage-
‘ment will be an issue for CWA reauthorization.
“Legislative News” is a regular newsletter of the
Office of Wetlands, Oceans and Watersheds
(OWOW). Its purpose is to provide an overview
of those legislative issues and actions that are
particularly relevant to OWOW programs. Any
comments regarding its content should be di-
iected to Patty Scott of OWOW at FTS 260-1956.
President Proposes Increased Funds
for Watershed Resource Restoration
In his State of the Union address before a joint
session of Congress on February 17th, President
Clinton outlined an economic stimulus package,
which included approximately $47 miffion in ad-
ditional FY 1993 Clean Water Act section 319
nonpoint source (NPS) grants for watershed re-
source restoration. The President’s proposal,
which must first be approved by Congress before
any funds are expended, is intended to help create
new jobs by investing in natural infrastructure
projects that improve water quality, increase and
improve habitat for fish and wildlife, and improve
recreation. The grants would be targeted to fund
the full range of nonpoint source projects that can
contribute to watershed restoration. The program
would thus encompass appropriate wetlands res-
toration,coastal/estuarineand clean lakesprojects.
EPA estimates that the proposal could create as
many as 2,400 jobs, which would include about
1,400 direct and indirect jobs and a possible 1,000
induced jobs
Because many states may have difficulty meeting
the 40 percent match currently required under
Section 319, efforts are underway to waive the
matching requirement so that the new funds could
be channeled immediately to address the most
pressing habitat and water quality problems in all
states. EPA is working to ensure that states wifi be
enabled to support the best projects.
President’s Proposal - Continued on Page 4
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OWOW Legislative News
March 1993
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Browner Hearing - Continued from Page 1
The concept that economic growthandenyimnmental
protection are not mutually exclusive, a theme
from the Clinton-Gore campaign, was discussed,
and Browner and Committee members spoke of
the idea enthusiastically. The Republicans on the
committee were particularly pleased to hear of
Browner’s pledge to bring all sides to the table,
including the business community as well as the
public, in formulating environmental policy. As
Administrator, Browner promised to be decisive
and timely and to do her best to ease regulatory
burdens without sacrificing environmental pro-
tection.
On the issue of wetlands, Browner told the Com-
mittee she was proud of her record in Florida. She
said she successfully protected wetland resources
without stopping property development daring a
recession. She described how she helped to
engineer an agreement between the state of Florida
and the Walt Disney Corporation and cited it as an
example of her ability to balance economic growth
and environmental protection. Under that agree-
ment, Disney was permitted to build on some
existing wetlands in exchange for the transforma-
lion of an 8,500 acre ranch into a wildlife refuge.
The refuge, she noted, serves as home to 12 endan-
gered species.
With regard to the delineation manual, Browner
said she is optimistic that the National Academy
of Sciences’ study wifi help to resolve many of the
controversial issues surrounding the wetlands de-
bate. When asked about the value of created wet-
lands, Browner said that in Florida while a per-
fectly good wetland can be constructed, they have
found that the money is much better spent on
restoring and mitigating impacts on existing wet-
lands.
On the issue of contaminated sediments, particu-
larly in the Great Lakes, Browner said that the
challenge is to find a cost-effective solution. More-
over, she said that we must look at the unique
character of the individual system and bring all
considerations to the table. She added that no
single methodology will work nationwide.
When asked about the relationship of
nonpoint source pollution and agricul-
ture, Browner said we must reach out to
all affected groups, including farmers,
who have historically been left out of the
process. She said we must do a better job
of communicating with farmers — using
people who speak their language.
Several Senators made a plea for increasing appro-
priations for the State Revolving Loan Fund. They
expressed concern that there remains $100 biffion
in sewage treatment plant needs nationwide, which
does not include the additional funds needed to
address combined sewer overflows (CSOs). While
Browner said she could not comment at the time
on the Administration’s position, she said one of
the things she learned from the hearing was the
importance of the SRF, which she promised to
share with President Clinton and his budget advi-
sors.
Inouye to Introduce Watershed Bill
Hawaiian Senator Daniel Inouye (D-HI) is circu-
lating for comment a bill he intends to introduce in
March calling for a watershed management ap-
proach to protect fragile coral -reef ecosystems.
Entitled the Coral Reef Ecosystem Protection Act,
the bill would require NOAA, in consultation
with EPA, to identify coral reefs and adjacent
waters (including waterbodies connected by cur-
rents, watersheds & airsheds) that would be sub-
ject to special management measures. Coral reefs
in Florida, Hawaii, the Gulf of Mexico, Puerto
Rico, American Samoa, Guam, Northern Marina
Islands and the Republic of Palau would be tar-
geted for protection and restoration.
Under the proposal, within two years after enact-
ment, EPA would be required to develop habitat
quality criteria to ensure protection of coral reef
ecosystems. In addition to adopting biocritiera
and monitoring programs, states would be en-
couraged to include specific policies, including
Best Management Practices (BMPs), to protect
coral reefs as part of their programs developed
pursuantto theCoastaiZoneManagementActof 1990.
!nouye Proposal - Continued on Page 5
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OWOW Legislative News
March 1993
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Wetlands Bill- Coiuinued from page 1
Presidenfs Proposal - Continued from Page 2
determine what additional personnel and re-
sources are needed by the Corps and EPA in order
to improve the process. It also would require EPA
and the Corps to make improvements in wetlands
education and outreach programs by using what-
ever funds necessary
arid would establish
a training and certffi-
cation program for
private sector wet-
lands delineators.
Finally, the bill would
provide favorable tax
treatment for land-
owners who donate
wetlands to a Wet-
lands Stewardship Tri.ist or a federal or state con-
servation agency. It also would exclude from
gross income any funds received from “compat-
ible uses” of wetlands, which would include ac-
tivi ties such as fishing and hunting, but not activi-
ties that degrade the functions or values of the
resource.
cosponsors
Dole Introduces Property Rights Bill
On January 21, Senate Minority Leader Robert
Dole introduced legislation to require Federal agen-
cies to assess whether Federal regulations violate
constitutional property rights. The bill would
codify in law the current executive order on pri-
vate property takings. The measure, S. 177, is
identical to a provision former Senator Steve
Symms (R-ID) introduced in the 102nd Congress
and successfully attached to two major bills — a
highway bill and a bill to elevate EPA to Cabinet-
level. The provision in the highway bill was,
however, stripped by the House rules committee
before reaching the House floor for a vote and the
Cabinet bill was never acted onby the full House.
Dole may also try to attach the measure to this
year’s EPA Cabinet bill, which is expected to re-
ceive swift action. The bill has 12 cosponsors and
has been referred to the Government Affairs Com-
mittee.
The President’s plan also includes an additional
$845 million for the State Revolving Loan fund
(SRF). These monies would be used for sewage
treatment plant construction, which is expected to
generate another 50,000 jobs.
Carol Browner appearedbefore the House Appro-
priations Subcommittee on Veterans Administra-
tion, Housing and Urban Development and Inde-
pendent Agencies on February 24th to testify in
support of the President’s package. While most of
the committee members were supportive of the
proposal, several committee members expressed
concern about waiving the state matching require-
ments under the SRF and Section 319. Browner
explained that the waivers would only be issued
this one time in order to get the money to the local
communities as expeditiously as possible to create
jobs. In addition, concerns were expressed about
how quickly the funds could be expended.
Browner expressed confidence that the money
would be spent on “ready to go” projects, which
she said would have tremendous environmental
benefits.
Hayes Bill Expected Soon
Representative Jimmy Hayes (D-LA) is expected
soon to reintroduce his bill from last Congress,
which would restrict EPA’s role in the wetlands
regulatory process, require ranking and catego-
rizing of wetlands according to their ecological
worth, and require that landowners be compen-
sated when they are restricted from developing
wetlands ontheirproperty. While Representative
Hayes is said to be considering revisions to last
year’s proposal, H.R. 1330, an aide to Hayes said
that the Congressman is pleased with the basic
approach in the original bill, which attracted 167
in the last Congress.
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OWOW Legislative News
March 1993
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Inouye Proposal - Continued from Page 3
Moreover, the bill would require states to develop
and submit for EPA approval a watershed man-,
agement plan to control nonpoint sources of pol-
lution, which in conjunction with point source
controls, would assure the attainment of water
and sediment quality standards. The program
would be developed in cooperation and coordina-
tion with local, regional and interstate entities and
be subject to public comment and review. EPA
would be required to publish guidelines specify-
ing elements of the watershed management pro-
gram, including descriptions of appropriate “wa-
tershed management measures” for various cat-
egories and subcategories of nonpoint sources.
Under the Inouye proposal, management mea-
sures is defined to mean “economically achievable
measures” to control existing and new categories
of nonpoint sources, which would reflect the great-
est degree of pollution reduction achievable using
the best available technologies, processes, siting
critieria, etc. The bill also calls for enhanced
integration of various Federal, state and local ef-
forts relating to coral reefs. In an effort to protect
reefs from physical damage, the bill would impose
significant civil penalties on individuals who op-
erate vessels in a manner that causes damage to a
coral reef.
Senator Inouye has also introduced S. 137, a bill to
conduct a study of algae blooms off the coasts of
Maui and Hawaii. This legislation seeks to ex-
plore the causes of the blooms and to eradicate
them by exploring alternatives for the improved
management of chemicals present in wastewater
treatment programs. The algae blooms are con-
tributing to the destruction of the precious coral
reef ecosystem and the fish and wildlife that de-
pend on the reefs for survival.
Browner appears before Senate Committee
in Support of EPA-to-Cabinet Bifi
On Thursday, February 18th, EPA Administrator
Carol Browner testified before the Senate Govern-
ment Affairs Committee in support of legislation
to make the EPA a Cabinet Department, arguing
that the Agency’s mission entails a “holistic per-
spective that crosses traditional departmentbound-
aries.” President Clinton, who made a campaign
pledge to elevate the Agency, has asked Congress
to act swiftly on the measure. An EPA-to-Cabinet
level bill passed the Senate last year, but floun-
dered in the House largely because of extraneous
provisions attached to the measure.
While all the Senators on the committee unani-
mously endorsed elevation, there is disagreement
over whether it should be a “clean bill,” or whether
it should include some new functions and man-
dates for the new Department. Senator John
Glenn’s (D-OH) bifi would redesignate the Agency
as the Department of the Environment, and it
would establish a new bureau of environmental
statistics within the Department. In addition, it
would create a commission to study environmen-
tal policy and would call for an international gath-
ering on energy effidency to be sponsored by the
U.S. Glenn’s proposal would also prohibit the
department from contracting with private firms to
do those functions that are inherently “govern-
mental.”
Senator William Roth of Delaware, the committee’s
ranking minority member, offered an alternative
bill, S.380, which he argues is a more “stripped
down version.” S. 380, which would redesignate
the Agency as the Department of Environmental
Protection, contains fewer mandates and require-
ments for new functions.
In her testimony, Browner noted the President’s
support for EPA Cabinet status, but said the Ad-
ministration would support some techincal
changes to the Glenn measure. The subcommittee
is scheduled to meet again this week to markup
legislation.
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OWOW Legislative News
March 1993
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Beach Closure Bill Reintroduced
Who’s Who in the 103rd Congress
Representative Wffliam Hughes (D-NJ) reintro-
duced legislation that would require uniform pro-
cedures for beach testmg and monitoring in our
coastal recreation waters, including the Great
Lakes. Representative Hughes argues that the
Beach Assessment, Closure, and Health Act of
1993 (also known as the B.E.A.C.H. bifi) is neces-
sary since states have their own methods of testing
and evaluating the quality of recreational waters
and offer differing degrees of protection to the
public. Moreover, according to Hughes, some
states do not provide any protection. Because of
its strict standards, Hughes’ home state of New
Jersey is often forced to close its beaches.
The bifi would require EPA to issue criteria for
pathogens in coastal recreation waters within 18
months after enactment, including specific nu-
meric criteria to calculate for short-term increases
in pathogens from rainfall, malfunctions of sew-
age treatment plants, or other causes. States
would be required to adopt these standards, and
in the event they were exceeded, states would be
required to notify the public (e.g. the posting of
signs) and local government(s) of the nature and
extent of the violation. In addition, the bill would
require EPA to publish regulations on specific
methods to be usèdby the states to monitor coastal
recreation waters. One change from the bill
originally introduced last year is that there is now
an exemption from the monitoring requirements
for certain coastal areas if EPA determines the
exemption would not impair water qual-
ity standards or impair the public
health.
With 110 new House Members (one quarter of the
House) and 14 new Senators, the 103rd Congress
has more new faces than any other Congress since
1948. There have also been significant changes in
full committee and subcommittee chairmen with
jurisdiction over OWOW programs, as well as
some major committee reorganizations.
Gerry Studds (D-MA), who served as acting chair-
man of the House Merchant Marine Committee
after Representative Walter Jones’ death last year,
will continue chairing the full committee, with
Congressman Jack Fields (R-TX), as the ranking
minority member. In the opening days of the
103rd Congress, Chairman Studds reorganized
the Merchant Marine Committee by eliminating
the Subcommittee on Oversight and Operations
and dividing the former Subcommittee on Fisher-
ies and Wildlife Conservation and the Environ-
ment into two subcommittees. The newly created
Subcommittee on the Environment and Natural
Resources will be chaired by Studds, along with
ranking minority memberJim Saxton (R-NJ). They
will have jurisdiction over most water resource
issues, including coastal and marine pollution,
and wetlands and habitat conservation. The other
new committee, the Subcommittee on Fisheries
Management, will be chaired by Thomas Manton
(D-NY), along with ranking minority member Don
Young (R-Alaska).
Billy Tau.zm (D-LA) will continue chairing the
Subcommittee on Coast Guard along with Howard
Coble (R-N.C.) as the ranking minority member;
William Lipinski (D-Ill) will head up the Subcom-
mittee on Merchant Marine, with Herbert Bateman
(R-VA) as ranking minority member; and Solomon
Ortiz (D-TX) will chair the Oceanography Sub-
committee along with Curt Weldon (R-PA) as
ranking minority member.
On the House Public Works and Transportation
Committee, there were three key vacancies due to
the retirement of Full Committee Chairman Rob-
ert Roe (D-NJ), ranking Republican John Paul
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OWOWLegislative News
March 1993
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Hammerschmidt, and Water Resources Subcom-
mittee Chairman Henry Nowak (D-NY). Norm
Mineta (D-CA), who has been active on transpor-
tation issues, assumes chair of the full committee.
The fact that Mineta is an original cosponsor of the
Edwards wetlands bill is noteworthy, given the
important role his committee plays in CWA reau-
thorization and in particular, the Section 404 de-
bate. Bud Schuster (R-PA) wifi serve as the
ranking minority member on Public Works.
Doug Applegate (D-PA) replaces Rep. Nowak as
chair of the Subcommittee on Water Resources.
Applegate supported H.R. 1330, the Hayes wet-
lands bill, in the 102nd Congress. Sherry Boehiert
(R-NY) will be the ranking Republican on the
subcommittee.
On the Senate side, the Senate Environment and
Public Works Committee has anew chairman due
to the departure of Daniel Patrick Moynihan (D-
NY), who left to chair the Senate Finance Commit-
tee. Max Baucus (D-MT) has assumed Chairman-
ship ofthefullcommittee,withSenatorJohnChafee
(R-RI) continuing his role as ranking minority
member.
In an effort to even out the workload and balance
its membership, Chairman Baucus announced a
reorganization of the subcommittees. The former
Subcommittee on Environmental Protection will
now be named the Subcommittee on Clean Water,
Fisheries and Wildlife. It wifi have jurisdiction
over CWA reauthorization and the Endangered
Species Act and will inherit jurisdiction over ocean
dumping, the Sate Drinking Water Act (SDWA)
and groundwater protection, which were all pre-
viously handled by the superfund subcommittee.
Sen. Bob Graham (D-Fla) will head up the newly
formed subcommittee with Chafee as the ranking
minority member. The jurisdictional change has
prompted discussion of whether CWA and SDWA
should be merged into a single law.
White House Office of Environmental
Policy
President Clinton is seeking to eliminate the Coun-
il on Environmental Quality (CEQ) and to replace
it with his newly formed Office of Environmental
Policy. The CEQ, however, cannot be abolished
without Congressional approval, and there is some
opposition to the move on Capitol Hifi. Clinton
announced the formation of the new office on
February 8th. Its director, Katie McGinty, will
attend meetings of the National Security Council,
the Domestic Policy Council and the new Eco-
nomic Council, in order to ensure environmental
issues are given proper attention in formulating
domestic and international policy.
****
New California Estuary Program
Proposed
Prior to resigning from Congress to become Office
of Management and Budget (0MB) director, Leon
Panetta introduced two bills to provide protection
to the California coastline. H.R. 294 would add
Morro Bay, California to the priority listing of the
National Estuary Program, and H.R. 293 would
designate the central waters of the California coast-
line as a National Marine Sanctuary. Given the
importance of these proposals to Panetta’s former
district, they may be pursued by another member
of the California delegation or Panetta’s replace-
ment.
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OWOW Legislative News
March 1993
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