Dan Keppen, P.E. Executive Director

Transcription

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2 Anna Spoerre

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4 Dan Keppen, P.E. Executive Director

5 About the Alliance

6 Presence on Capitol Hill Since 2005, Alliance representatives have been asked to testify before Congressional committees seventy times. Key topics: Western Drought Legislation Highlighting challenges water users face due to improper administration of federal environmental laws Advocating for streamlined regulations, sciencebased decision making and funding opportunities support new water development projects.

7 Other Activities

8 How to fund the federal government; Extend expiring policies; and Fill a vacancy on the U.S. Supreme Court

9 Minibus package passed by both chambers includes programs funded by the Energy and Water bill (funding DOE, USACE and BOR). Several problems in the Energy and Water bill have yet to be worked out. If Congress cannot work out their respective differences between the spending bills by Sept. 30, a CR will likely be needed to fund at least some federal agencies.

10 Trump Administration Initiatives

11 Interior Dep t Agency Reorganization

12 Agency Reorganization: Next Steps

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14 Director, USFWS Director, BLM Chief, U.S. Forest Service Chief, NRCS

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16 Trump Infrastructure Plan was rolled out earlier this year. Other than some transportation programs, not much has transpired on the infrastructure front since then. Executive order streamlining environmental review and permitting processes are likely geared towards infrastructure projects (more later )

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18 America s Water Infrastructure Act (AWIA, S. 2800) is the Senate version of the Water Resources Development Act (WRDA). The House has passed its version of WRDA (H.R. 8). The Senate must still vote on an amended version of the House bill. Reclamation focused provisions will likely be minimal.

19 WRDA Senate Speaker McConnell so far hasn t followed up with plans to move S Instead, action on a conference report on the farm bill has moved up on his todo list.

20 HR 23 CA focused H.R Reclamation Title Transfer and Non Federal Infrastructure Incentivization Act (Lanborn) passed House. HR 434 New Water Act (Jeff Denham) new financing program for Reclamation HR 4419 (Newhouse/Reichert) WRDA like process for Reclamation earmark ban HR 1564 Water Supply Permitting Coordination Act (McClintock) passed House. Senate companion S. 677 (Barrasso) H.R Water Rights Protection Act (Tipton) passed House.

21 We probably have less than ten days to get all those hard decisions made. Rep. Conaway, Chairman House Agriculture Committee The meeting of conferees could shed light on which direction a final bill seems likely to go. The conference committee has 56 members, including 47 from the House. Major differences between House and Senate versions: SNAP, and proposed changes to conservation and forest management programs.

22 Continued support for the Regional Conservation Partnership Program and the Environmental Quality Incentives Program (EQIP). Inclusion EQIP provisions making irrigation districts and similar entities eligible for EQIP contracts for off farm irrigation infrastructure upgrades; Allow more flexible utilization and provide mandatory funding for the Watershed Protection and Flood Prevention Act, (P.L ). Support beginning farmers and ranchers and a comprehensive solution to problems of funding wildfires.

23 A massive wildfire in the headwaters of a Western watershed can devastate the water supply so important to the many beneficial uses in that river basin. The bill would streamline cumbersome regulations that currently trip up important preventative activities like addressing insect and disease infestation and reducing hazardous fuel loads. The procedural changes proposed in the House farm bill would improve better protect our valuable water supplies from the devastating effects of wildfire, allow agencies to improve habitat and restore ecosystems, and allow continued agricultural use of our public lands. Patrick O Toole, Family Farm Alliance President

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25 February 2017 executive order Enforcing the Regulatory Reform Agenda to alleviate unnecessary regulatory burdens placed on the American people. Agencies solicited public comment. Alliance has sent letters to EPA, NOAA Fisheries, BOR, FWS, USGS.

26 USDA also recently released a new partnership based approach to actively manage our federal forests. We ll use this as an opportunity to raise the issue of USDA s progress on agency Principles, Requirements and Guidelines, challenges associated with delivering Farm Bill conservation dollars to Western producers, and the need for more active management of our federal forests.

27 Limit issuance of new rules (two out for each one in) Streamline review process for water and energy projects.

28 CEQ is considering updating its implementing regulations for NEPA CEQ sought comment on over two dozen issues associated with NEPA implementation. Alliance letter focused on coordinating reviews involving multiple agencies, the scope of reviews, time limits for completion of reviews, the extent of public involvement and whether definitions of key terms should be revised.

29 Step 1 proposes to rescind the definition of WOTUS in the Code of Federal Regulations and to re codify the definition of WOTUS, which currently governs administration of the CWA, pursuant to a decision by the U.S. Court of Appeals for the Sixth Circuit. Step 2 involves developing a new WOTUS rule. When finalized, the proposed rule would replace the 2015 Clean Water Rule promulgated by the Obama Administration with the regulations that were in effect immediately preceding the 2015 rule.

30 Earlier this summer, EPA and the Corps released an overhauled proposal that is designed to help bolster the Trump Administration s WOTUS rule repeal and fend off expected legal challenges. The Alliance provided comments on the earlier notice of proposed rulemaking, published on July 27, 2017, and our comments on the SNPRM are in support of and in addition to those comments.

31 A Judge for the U.S. District Court for the District of South Carolina, David C. Norton last month issued a nationwide injunction invalidating the Trump Administration s twoyear delay of the 2015 WOTUS rule. With Judge Norton s ruling, the 2015 rule is now in effect in 26 states, including California. Because of court actions in other cases, the rule still remains on hold in the 24 other states. While the skirmishes continue in the courts regarding WOTUS, the battle will escalate when the Trump administration roles out its final rule to repeal WOTUS and the EPA and the Corps propose a replacement rule.

32 USFWS and NMFS in July jointly proposed revisions to regulations that implement portions of the ESA. The Notice of Proposed Rules addresses several changes to ESA Section 4, which deals with procedures for listing and recovery and designating critical habitat, section 4(d) which address protective regulations and Section 7 streamlining interagency consultations. Public comment period expires August 24. Alliance actions.

33 Leadership in California and at the Department of Interior has spent decades evaluating the need to improve the water infrastructure and water delivery situation in California s Central Valley Project. While the Federal and State Governments have engaged in negotiations, our infrastructure has degraded. Secretary of the Department of Interior Ryan Zinke last month ordered federal agencies under his jurisdiction to develop an action plan by August 31 for improvements to California s water infrastructure. His memo includes a call to maximize water deliveries, incorporating better science into real and long term decision making, moving on construction of new water storage, resolving issues with coordinated operations on both the Central Valley Project and State Water Project Bureau of Reclamation commissioner Brenda Burman threatened to sue the SWRCB if it devalued the federal government's investment in its water projects.

34 Congressional Review Act used to overturn 14 Obama regs issued near the end of Administration Committees working on reform of ESA, NEPA and CWA. Hearings held in House and Senate throughout this Congress Introduction of bills and votes have occurred, but it will likely take another Congress to overhaul major enviro laws

35 H.R. 1274, the State, Tribal, and Local Species Transparency and Recovery Act H.R. 717, the Listing Reform Act H.R. 2603, the Saving America s Endangered Species Act H.R. 3131, the Endangered Species Litigation Reasonableness Act H.R Merge NMFS fish duties with FWS H.R the Endangered Species Transparency and Reasonableness Act

36 Improve the recovery of species, making the delisting process more effective; Increase transparency in the listing of species; Promote voluntary species conservation efforts; Enhance partnerships between states and Interior in species management; and Exclude water infrastructure from being included in critical habitat designations.

37 Environment and Public Works Committee (EPW Committee), held a hearing on Chairman John Barrasso s discussion draft ESA bill. Based on bipartisan recommendations developed by the Western Governors Association Alliance was deeply involved in this process and worked closely with Chairman Barrasso to tee up this bipartisan approach Senator Barrasso s WILD Act

38 ESA and other regulatory reform bill passage looking doubtful this year The issue is definitely teed up for the next Congress

39 To download these reports, go to

40 Eldorado Resort & Casino Reno, Nevada February 21 22, 2019

41 Next time you hear someone complain about how much water goes into one almond. show them this.

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