President Vetoes Water Bill

President Bush has just vetoed the Water Resources Development Act (WRDA) of 2007 (H.R. 1495).

Congress now has the opportunity to override the veto. The override vote will occur the week of November 5. 

WRDA authorizes the Secretary of the Army to construct various projects for improvements to rivers and harbors, e.g., lock and dam projects and harbor dredging projects, of the United States

Contact David Hubbard.

House Approves Dam Rehabilitation Bill

The U.S. House of Representatives on Tuesday approved legislation that would create a $200 million emergency fund for repairing the nation's dams.

Rep. John Salazar (D-Colo.) was the sponsor of the "Dam Rehabilitation and Repair Act" (H.R. 3224), passed under suspension of the rules by a vote of 263 to 102. The bill is identical to the Senate legislation, S2238, introduced by Sen. Daniel Akaka (D-Hawaii), as cited in last week's Washington Briefing.  Both bills would amend the National Dam Safety Program Act and establish a program to provide grant assistance to states for the rehabilitation and repair of deficient publicly-owned dams.  The proposed federal cost share ratio would be 65/35.  The bill authorizes $10 million in FY 2008 up to $100 million in FY 2011. 

According to the Federal Emergency Management Administration, there are 80,000 dams in the United States, of which a third pose a high or significant hazard to life and property if failure were to occur.

The Association of State Dam Safety Officials estimates it will take almost $10 billion over the next 12 years to repair the nation's most critical dams.

The legislation would specifically add the terms "deficient dam" and "rehabilitation" to the Act, making deficient dams not only a formal designation, but also clearly allowing them eligibility for rehabilitation funding.

Contact John Sullivan.

House Panel Passes Mine Safety Bill

A mine safety bill that effectively pre-empts legislation enacted 16 months ago was passed by the U.S. House Education and Labor Committee and advanced to the floor of the House on Wednesday.

Divided along party lines, the Committee approved H.R. 2768, a vastly expanded version of the 2006 MINER bill.

The legislation's chief sponsor, House Education and Labor Chairman George Miller (D-Calif.), said the bill addresses three issues not adequately covered in the 2006 measure: disaster prevention, improved emergency response, and long-term health risks.

Committee Republicans offered three amendments to the bill, two of which would have nullified its provisions. Like the 26-18 party-line approval of the bill, the GOP amendments were rejected on similar votes.  

The measure faces opposition from the Bush administration. Richard Stickler, head of the Mine Safety and Health Administration, said in a letter to Miller that the bill's proposed changes "would cause serious administrative problems for MSHA, weaken several critical MSHA safety standards, and in some instances impose new safety requirements that are unrealistic."
    
Contact Tom Carter.

Senate Subcommittee Passes Lieberman-Warner Bill

A U.S. Senate subcommittee approved global warming legislation this morning after defeating several amendments designed to strengthen the bill from Senator Bernie Sanders (I-Vt.).

The Private Sector and Consumer Solutions to Global Warming and Wildlife Protections Subcommittee voted 4-3 to send "America's Climate Security Act" (S. 2191) to the full Senate Environment and Public Works Committee.

Senators Max Baucus (D-Mt.) and Frank Lautenberg (D-N.J.) joined the bill's coauthors, Senators Senator Joe Lieberman (I/D-Conn.) and John Warner (R-Va.), in supporting the bill.

Sanders and Republicans John Barrasso (Wyo.) and Johnny Isakson (Ga.) voted against the measure. During a two-hour markup, a five-senator bloc rejected Senator. Sanders' attempts to tighten several sections of the bill. The subcommittee did approve his bid to add specific requirements for auction revenue that would go to new motor vehicle technologies. Under the amendment that was approved by voice vote, funds can go to automakers only if they meet a new 35-mile-per-gallon fuel economy standard.

Environment and Public Work Committee Chair Barbara Boxer (D. Calif.) repeated her pledge to hold a full committee markup before the end of the year, though she declined to name an exact date.

"We're going to do a markup as soon as we can," she said. "That's all I can tell you."

Boxer acknowledged she wanted to move the bill before the conclusion of United Nations climate talks in early December in Bali, Indonesia. Senator Warner, 80, missed the markup because of complications from his recent heart surgery, but voted by proxy. All other Republicans who attended the markup opposed the bill. In all, the Subcommittee considered 18 amendments.

The National Petrochemical and Refiners Association and U.S. Chamber of Commerce issued statements opposing the bill. Ranking Member James Inhofe (R-Okla.) expressed concern over the lack of process without full consideration and high costs associated with the legislation.

Contact David Hubbard or Andy O'Hare.

Agency Paper Recommends Stronger Standards for Airborne Lead

A key document in the U.S. Environmental Protection Agency's review of national air quality standards for lead released yesterday recommends the agency strengthen the current lead standards to better protect children.

The "Final Staff Paper" does not change current air quality standards, but it does contain EPA staff recommendations for the Administrator to consider in upcoming decisions about revising the national air quality standards for lead.

The staff based the final paper on a review of current science about lead and health, as well as on analyses of risks of lead in the air at current levels.  The staff paper recommends the Agency lower the lead standards from the current level of 1.5 micrograms per cubic meter (µg/m3), setting a revised standard within a range that extends as high as 0.2 µg/m3 and as low as 0.05 µg/m3. The paper also recommends EPA not consider revoking the lead standard, or removing lead from the list of criteria pollutants. In addition to the changes to improve public health protection, the document recommends that the Administrator consider revising the existing secondary lead standard to be equal to a revised primary standard.

The assessments, conclusions, and recommendations included are staff judgments and do not represent agency decisions on the lead standards. By the end of this month, EPA will issue an Advance Notice of Proposed Rulemaking outlining policy options the agency is considering, and seeking public comment.  EPA is required by a consent decree to issue a proposal regarding the lead standards by May 1, 2008, and then, to issue a final rule by Sept. 1, 2008. The agency is planning to issue the proposal in March 2008, thereby allowing ample time for public comment.

Contact Tom Carter.

Bridge Legislation Passes House Committee

The U.S. House Transportation and Infrastructure Committee on Wednesday approved legislation to authorize $2 billion in additional spending for reconstruction of structurally deficient bridges on the National Highway System.

Chairman Jim Oberstar (D-Minn.) introduced the National Highway Bridge Reconstruction and Inspection Act of 2007 (HR 3999) in response to the August 1 bridge collapse in Minnesota.  The bill aims to improve the safety of federal-aid highway bridges, as well as to strengthen bridge inspection standards.

"Many facilities are being stretched to the limit of their design life and beyond," Chairman Oberstar said. "We must take action to put in place a framework to address this situation and ensure that the safety and structural integrity of the nation's highway bridges do not continue to deteriorate."

Some 73,000 bridges are considered structurally-deficient, while about 80,000 are considered functionally obsolete.  Of those bridges that are classified as structurally deficient, about 6,000 are on the National Highway System. The existing highway authorization includes a total of $21.6 billion for the Highway Bridge Program, an average of $4.3 billion per year over five years. 

H.R. 3999 would provide an additional $1 billion in fiscal year 2008 and in FY 2009.  The funds would be distributed by formula, and no earmarks are allowed under the program, according to the committee. Further, the funds are non-transferable to other highway programs. Also, the authorized funds would come out of the general fund, as no offsets were offered.

Contact John Sullivan.

House Bill Would Phase Out Flood Insurance Subsidy  

The U.S. House Financial Services Committee on Wednesday approved H.R. 3959, legislation that would phase out flood insurance subsidies for new purchasers of high-end homes.

The bill sponsored by Rep. Scott Garrett, (R-N.J.) would affect individuals who buy homes worth more than $600,000 that are currently eligible for subsidized rates because they were built before the Federal flood insurance rate maps were issued on December 31, 1974.  These are generally referred to as "pre-FIRM" buildings.

Supporters say that the legislation is needed to help make the National Flood Insurance Program (NFIP) more actuarially sound, as approximately 20-25% of NFIP policies in force are pre-FIRM subsidized. 

Contact Robert Sullivan.

House Passes Hardrock Mining Bill

The U.S. House yesterday passed legislation imposing royalties on hardrock mines operating on federal lands, as well as to establish new environmental standards and create a cleanup fund for abandoned sites.

Approved 244-166, the Hardrock Mining Reclamation Act of 2007 (H.R. 2262) would also raise fees associated with mining claims on U.S. Interior Department and U.S. Forest Service lands. The legislation also would permanently end the sale or "patenting" of parcels, which has been under moratorium since the early 1990’s.

Gold, silver, copper, and other hardrock mines have never paid federal royalties under the General Mining Act of 1872 (also known as the 1872 Mining Law). The new legislation would impose royalties based on the gross value of the minerals produced.  A 4 percent rate would apply to current mines and an 8 percent rate would apply to future operations.

Meanwhile, the White House said it would veto the bill in its current form. In a policy statement issued in advance of the floor debate, the Administration argued royalties should apply only to future mining operations and at a rate "that does not threaten the continued, reliable, domestic mineral production on which the nation relies."

The Administration reiterated concerns about the bill's environmental provisions, saying current laws such as the National Environmental Policy Act and the Clean Water Act provide "sufficient authority" to regulate hardrock mining operations. The Administration also opposes the provision that would end mining patents.

Also, Representative Steve Pearce (R-N.M.) introduced an amendment, to H.R. 2262, to establish the Mineral Commodity Information Administration (MCIA) into a role in the Department of Interior was defeated. 

This amendment would have removed the Minerals Information Team (MIT) from under the U.S. Geological Survey and established it as a stand-alone agency within the Department of the Interior with dedicated funding. The MIT collects the portland cement shipping data, both domestic and imports, within the United States. 

This information is used by NACA partner PCA as part of its economic forecasts. The MIT has been a victim of budget cuts for the past several years.  PCA and its allies have been successful in restoring those cuts. 

Contact Tom Carter or John Sullivan.

Questions about this newsletter? For more information or to unsubscribe, send an e-mail to info@washingtonbriefing.com.