• California Bay-Delta Water Management Bill Clears Senate
  
• Congress Asked to Restore $500 Million for Sewers, Clean Water
  
• Four States Sign 30 Year Delaware River Basin Plan
  
• Upper White Salmon River Protection Advances
  
• Whistleblowers Allege Congressman Evaded Fire Penalties
  
• New Mexico Potash Firm Fined for Polluting Playa Lake
  
• Kids With Asthma Bill of Rights
  
• Bronx Brownfield to Become Waterfront Park
  

California Bay-Delta Water Management Bill Clears Senate

The legislation sponsored by California Senators Dianne Feinstein and Barbara Boxer, both Democrats, addresses the Bay-Delta system - the heart of California's water supply system.

"Passage of this legislation was a long time coming and it is the result of hard work to reach a bipartisan consensus involving a wide range of stakeholders," Senator Feinstein said Wednesday. "I firmly believe that the 2000-2001 energy crisis foreshadowed what could happen with water if we fail to plan ahead. That's why it is urgent that Congress approve this bill and it be signed by the President."

Chances are good that the House will approve the Senate's version of the measure. House Resources Committee Chairman Richard Pombo, a California Republican, said Wednesday, "The efforts outlined in CalFed are critical to California, especially in planning for times when we may not be fortunate enough to have a lot of rainy days. With today’s success and Senator Feinstein’s partnership, I am confident that we can bring this over the finish line together and deliver the President a comprehensive water solution for our state."

The terminus of the Sacramento, San Joaquin and Mokelumne Rivers, the Bay-Delta's 738,000 acres of farmland and wildlife habitat provide drinking water to two-thirds of the state's population, and habitat for 120 species of fish.

The Delta also provides irrigation water for millions of acres of farmland where 200 different crops are grown, including 45 percent of the nation's fruits and vegetables. Since much of this land is below sea level, levees protect the 520,000 acres of farmland.

Human and environmental needs have clashed in a competition for water that has endangered some species and threatened water supplies in and around the Bay-Delta.

In 1994 state and federal agencies signed the Bay-Delta Accord, an agreement among water interests that held the promise of ending the protracted water wars that have plagued California for decades.

At the urging of California's water interests, the state and federal governments then created the CALFED Bay-Delta Program - a cooperative effort to craft a long term solution to the environmental, water quality and water supply problems in the Bay-Delta estuary.

On Wednesday, the Senate passed a measure that authorizes $395 million in new California water projects from FY 2005-2010, with a federal cost share limited to one-third for all projects. Existing authorizations for California water projects remain in place.

The bill evenhandedly provides for California's different water interests. The bill requires the Secretary of the Interior, the Governor, and the California Bay-Delta Authority to review annually whether the program's implementation is proceeding in a balanced manner.

The bill requires that program activities proceed consistent with the 2000 CALFED Record of Decision. This is an important framework for this bill, which helps ensure that water quality, water supply and fisheries protection all advance together.

The bill authorizes groundwater storage and feasibility studies for major new off-stream and expanded reservoirs, including the enlargement of Los Vaqueros reservoir, the raise of Shasta Dam, Upper San Joaquin surface storage, and Sites Reservoir. With these four storage projects, California could acquire an additional 3.2 million acre feet of storage.

The Association of California Water Agencies (ACWA) applauded the Senate's passage of the measure. "For months, the water community, business groups, labor groups and resource agencies have rallied behind the effort to get this bill to the President’s desk," said ACWA Executive Director Steve Hall. "This milestone gets us closer than ever to President Bush’s signature, and moving forward in meeting the state’s water needs."

In addition to a new $90 million authorization for ecosystem projects, the bill delivers water quality improvements for water users near the Delta, funding for new groundwater storage, conveyance and water recycling projects. The bill specifically directs the program to deliver ‘firm water yield,’ with an authorization for federal participation until the year 2010.

Congress Asked to Restore $500 Million for Sewers, Clean Water

The report, "All Dried Up: How Clean Water is Threatened by Budget Cuts," was issued Wednesday by a coalition of state and local governments, labor, construction, environmental and public health groups.

It highlights the impacts of proposed reductions in funding for the Clean Water State Revolving Loan Fund (SRF).

The report details how much federal assistance each state stands to lose, how many jobs the lost funding would have created, how many water improvement projects may be held up or scrapped, and the scope of water pollution nationwide. The report with state-by-state breakdowns is found at: www.nrdc.org

If the Clean Water SRF is cut from $1.34 billion to $850 million, as proposed, says William Schatz, general counsel for the Northeast Ohio Regional Sewer District and president of the Association of Metropolitan Sewage Agencies, "Communities will not have the funds to tackle the current backlog of capital replacement projects, to meet mandates associated with controlling wet weather overflows or to address new pollutants and security issues in the future."

The U.S. Environmental Protection Agency (EPA) projects that communities across the country will have to spend at least $388 billion on new and repaired equipment over the next 15 years to meet current clean water infrastructure needs.

But this year's federal budget proposal slashed state and local funding by almost $500 million - a 37 percent reduction from last year. The House Appropriations Committee failed to restore Clean Water SRF funding when it passed the Veteran Administration-Housing and Urban Development (VA-HUD) spending bill in July.

With the Senate expected to take up the VA-HUD bill soon, the coalition is urging the Appropriations Subcommittee to reject the cuts in clean water spending and fully restore the half-billion dollars in federal funding.

"It boggles the mind that Congress would even consider slashing federal funding for communities that helps ensure clean water for all Americans," says Nancy Stoner, clean water director at the Natural Resources Defense Council. The White House has repeatedly pushed for massive cuts in clean water spending but this is the first time Congress appears willing to go along, Stoner says.

"The Clean Water State Revolving Loan Fund is among the most successful federal programs and is responsible for significant water quality improvements nationwide, says Roberta Savage, executive director of the Association of State and Interstate Water Pollution Control Administrators (ASIWPCA).

"With our nation's infrastructure threatened by natural disasters like the recent hurricanes, and the increasing potential for terrorist attacks, decreasing funds for this program is at best untimely, and will undoubtedly have a significant negative effect on water quality," Savage says.

The nation's aging sewage treatment infrastructure is crumbling, the report warns. Pipes leak or break in systems built when urban areas were smaller. Combined sewer and wet weather overflows overwhelm treatment capacity, and the contamination shows up in the growing number of beach closures and impaired river miles.

Between 23,000 and 75,000 sewage overflows occur nationwide every year, resulting in the release of three billion to 10 billion gallons of untreated wastewater, according to EPA estimates. Millions of Americans get sick every year from swimming in or drinking water contaminated with raw or inadequately treated sewage.

"The huge strides in water quality since the 1970s owe a lot to the funding of sewage treatment," says Betsy Otto, senior policy director at American Rivers. "But we've been significantly shortchanging investments in these systems for years. If we don't reverse that trend, we're going to see more beach closings, disease outbreaks, and serious harm to people, fish and wildlife."

The Clean Water SRF is America's largest water quality financing source. Over the past 16 years this program has dispersed more than $47 billion in 14,200 loans to communities.

Learn more on the EPA site at: http://www.epa.gov/safewater/dwsrf.html

Four States Sign 30 Year Delaware River Basin Plan

Upper White Salmon River Protection Advances

The Senate Energy and Natural Resources Committee approved the bill, which would protect 20 miles of the upper White Salmon River and Cascade Creek in the Gifford Pinchot National Forest.

"We commend Senator Cantwell for her strong commitment to protecting Washington's natural heritage and we hope to see the full Senate pass the bill before Congress adjourns this year," said Connie Kelleher of the conservation group American Rivers.

"This bill would not only be good for the environment, it would be a win for local communities and the people of Washington," said Kelleher. "A healthy river can benefit the economy by boosting recreation and tourism."

The Wild and Scenic Rivers Act was signed into law in 1968 in order to preserve forever the free flowing condition and outstanding values of some of America's most precious rivers.

To qualify, a river must be free flowing and must be deemed to have one or more "outstandingly remarkable" scenic, recreational, geologic, fish and wildlife, historic, cultural or other similar values.

Congress added the lower White Salmon River to the National Wild & Scenic Rivers System in 1986, at the same time directing the Forest Service to study the upper White Salmon for possible wild and scenic designation.

"The White Salmon is an excellent example of how people can make a difference for their river," said Kelleher. "We recognize Friends of the White Salmon River and other local groups and individuals for creating a strong groundswell of citizen support."

If the current legislation passes, the upper White Salmon will become Washington's fourth wild and scenic river - joining the lower White Salmon, Klickitat, Skagit rivers.

Currently, there are 163 wild and scenic rivers in the United States, totaling 11,303 miles.

Whistleblowers Allege Congressman Evaded Fire Penalties

South Carolina Congressman Henry Brown was given the 2003 "Spirit of Enterprise Award" by the US Chamber of Commerce. (Photo courtesy Office of the Congressman)

The fire burned more than 200 acres of Brown’s land and crossed over into the national forest, burning another 20 acres there. The U.S. Forest Service needed a helicopter, three fire engines and a bulldozer to bring the fire under control.

A Forest Service review of the fire found that Brown was negligent. "Mr. Brown was not adequately prepared to detect, or adequately equipped to suppress, the escaped fire on 5 March 2004 with only two men, a bucket of water, and no means of delivery of that water to the escaped fire," the review states.

But orders to agency law enforcement personnel to cease prosecution and collection of fire suppression costs came after the Congressman met with U.S. Department of Agriculture Undersecretary Mark Rey, the whistleblower complaint alleges.

Agency policy requires imposition of a criminal fine of $250 as well as a civil action to recover the agency’s fire suppression costs, estimated at $4,000 in this case.

Citing "blatant" obstruction, extortion and violations of agency policies, the complaint was filed with the Agriculture Office of Inspector General on September 8 by two Forest Service criminal investigators, including the senior agent for the southeastern United States.

The complaint details how Brown threatened retaliation against the Forest Service budget if the enforcement against him were to proceed.

When Forest Service officials informed Brown that he would be cited for the fire, the Congressman expressed concern that his political opponents would find out about it and warned that if the Forest Service persisted its programs "might need to be scrutinized more closely."

Brown then reportedly contacted agency officials at higher and higher levels without receiving the assurance of non-prosecution. It was not until he met with Rey, a former timber lobbyist, that he got a promise to drop the matter.

Even after agency specialists ruled that the collections requirement could not be waived, the complaint alleges that on August 24, law enforcement agents were directed by email, "we are to take no action."

It has opened an investigation, but the Inspector General (IG) has no authority to take direct action of any kind and may only refer the matter for criminal prosecution and/or disciplinary action.

"We would be surprised if the IG acts quickly and aggressively to investigate its own undersecretary," said attorney Jeff Ruch, executive director of PEER, an association of federal, state and local government natural resources employees. "This administration has no track record of holding its own political appointees accountable."

Read the Forest Service whistleblower complaint at: http://www.peer.org/ForestService/BrownSetsFire.htm

New Mexico Potash Firm Fined for Polluting Playa Lake

The company will pay the maximum fine of $15,000 and in addition will establish a $237,000 remediation plan for the lake.

The company was charged by an information filed September 26, 2003 with three counts of killing migratory birds in violation of the act.

According to the information, Mississippi Potash, Inc. discharged waste products from some of its potash mining operations in Carlsbad, New Mexico into a natural playa lake called Laguna Toston until February 2001.

These waste products included high concentrations of sodium salts. Birds exposed to such saline wastewater experience a high mortality rate.

Three events that proved fatal to the birds are cited in the charges, dating from 1998 through 2003. They involved the deaths of a total of three northern shoveler ducks, one ruddy duck, one purple gallinule, and four common goldeneyes. Each of these represents a species of migratory bird protected under the Act.

The agreement also incorporates, as a condition of probation, a remediation plan for Laguna Toston funded with $237,500 placed in an escrow account by Mississippi Chemical Corporation, the parent company of Mississippi Potash, Inc.

The investigation of this case was led by special agents of the U.S. Fish and Wildlife Service, with assistance from biologists with the New Mexico Ecological Services Field Office of the U.S. Fish and Wildlife Service.

The case was prosecuted by the U.S. Attorney’s Office for the District of New Mexico and the Environmental Crimes Section of the U.S. Department of Justice.

Playa lakes are round hollows in the ground present only at certain times of the year. Most playas fill with water only after spring rainstorms when freshwater collects in the round depressions of the otherwise flat landscape of New Mexico and other western states.

Playas are important because they store water in a part of the country that receives little rain and where there are no permanent rivers or streams. Migratory waterfowl rely on playa lakes as resting and feeding areas as the fly across the continent.

Kids With Asthma Bill of Rights

The Kids With Asthma Bill of Rights includes 10 statements that form the pillars of a complete asthma management plan.

It includes the right to breathe clean air at home and at school, the right to play sports with a doctor's agreement, the right to stay inside if air pollution levels are too high, and the right to carry asthma medications.

The Bill of Rights also encourages children to work with their parents, teachers and doctors to create an Asthma Action Plan for when trouble strikes.

"What's so frustrating about asthma is that it is a manageable disease that all too often is not being managed, resulting in trips to the ER and limiting normal childhood activity," said Norman Edelman, MD, the American Lung Association's consultant for medical affairs.

"We know the steps that need to be taken to manage the disease, and now we've laid down the specific rights that will give children, parents and teachers a road map to strong asthma management," Edelman said.

A survey of school nurses conducted last year by the American Lung Association found that many school staff members lack awareness of the causes of an asthma attack, and a recent study published in the "Journal of Allergy and Clinical Immunology" found that parents often target the wrong triggers when trying to prevent asthma attacks in their children.

According to guidelines issued by the National Heart, Lung and Blood institute, kids who work with their parents and teachers to manage their asthma can and should play sports and otherwise live active lives.

The Bill of Rights is intended to start a frank conversation between children and their parents; parents and teachers; and principals, policy makers and elected officials.

The Kids With Asthma Bill of Rights is found at: http://www.lungusa.org.

The American Lung Association is also encouraging children's and parenting magazines to print the Kids With Asthma Bill of Rights as a public service announcement.

Bronx Brownfield to Become Waterfront Park

The largest grant, by far, $6.6 million, will be spent to remediate the Barretto Point site, located at Viele Avenue and Manida Street in the Hunts Point section of the Bronx, one of the five boroughs of New York City.

To the west of the Bronx River along the East River, Barretto Point is a 13 acre brownfield property on the waterfront owned by the city. Developed for industrial purposes in the 1950s, it was formerly occupied by an asphalt plant, a sand and gravel operation, and a paint and varnish manufacturer.

The remediation will include excavation and off-site disposal of contaminated soil; installation of a two foot soil cover; groundwater extraction and treatment; and institutional controls.

Barretto Point on the Bronx River (Photo courtesy New York League of Conservation Voters)

The Parks Department proposes to expand a small sand beach along the park's eastern cove by relocating the shoreline landward 40 to 50 feet. A boat launch west of the Tiffany Street Pier will be constructed.

Ultimately, the new Barretto Point Park may include a grass and stone amphitheater, reconstructed revetment, a waterfront promenade, sand volleyball, large lawn areas, sand and pebble beaches, and an observation tower.

The remainder of the site is intended for use as an area for the upgrade of the Hunts Point Water Pollution Control Plant.

The other five ERP grants were awarded to the City of Poughkeepsie, the City of Ogdensburg, St. Lawrence County, the Oneida County Industrial Development Agency, the Syracuse Housing Authority and the City of New York.

Governor Pataki said, "Across New York State, brownfields offer tremendous opportunities to protect our precious open spaces and natural resources while promoting new economic development and job creation within our communities. These grants will provide local governments with the resources they need to reclaim and redevelop these properties for the benefit of the entire community."