| June 13, 2005
Water Resource Planning and Management
A detailed look at some of the major water resource
legislation Congress is considering this term.
Every congressional session, ASLA reviews its
list of legislative priority agenda items. For this session, ASLA
has added water issues to its list of legislative agenda items.
A quick search of the term “water” in the database of
bills that have been introduced in the 109th session of Congress
yields no fewer than 550 results. From nationwide water quality
and conservation issues to the maintenance of wetlands, waterways,
and coastal zones, many issues are being considered at the federal
level. Only a few bills that are introduced in Congress will become
law, so ASLA will need to prioritize to be effective when lobbying
on water issues.
ASLA policy strongly supports the efficient use of
water resources, the elimination of water pollution, and general
land use patterns that conserve and protect water resources within
the overall ecosystem. ASLA encourages what we have begun to call
“smart water use”—water efficient design and the
multifunctional integration of water resource facilities with the
natural ecosystems in our communities.
The federal government has been slow to act on many
water issues, but the tide has begun to turn. A lot of attention
was paid earlier this year to the “Infrastructure
Report Card,” issued by the American Society of Civil
Engineers, which gave devastating grades to the nation’s dams,
drinking water, navigable waterways, and wastewater treatment.
What follows is a quick overview of the major legislation
that Congress is expected to tackle this year. Beyond “water”
itself, funding is the common denominator for many of these legislative
items. It continues to be a challenge to find fair and equitable
ways to distribute federal monies to states and also to structure
that financing so that it produces both short- and long-term results.
From the perspective of ASLA and our priorities, we also must realize
that most water-related legislation is woefully underfunded. In
the current tightening budget environment, seeing key programs adequately
funded will require a persistent effort. The more visibility we
raise of the importance of some of these measures, the more likely
they are to receive the attention of our political leaders over
time.
The Water Resources Development
Act
The US Army Corps of Engineers Civil Works program is the nation’s
largest water resources program. The Water Resources Development
Act (WRDA) of 2005 would authorize the Corps to conduct water resource
studies and undertake specific projects and programs for flood control,
inland navigation, shoreline protection, and environmental restoration.
The Congressional Budget Office estimates that with
the eventual appropriation of necessary funds, the WRDA will end
up costing upwards of $4.1 billion dollars over the next four years
and an additional $7.6 billion over the subsequent decade. The Senate
version of the bill, S. 728, is 286 pages long and features hundreds
of projects across the country. The first few pages might be worth
a quick glance so that you can identify any projects that are affecting
your area. Again, these are projects that are being “authorized,”
so they will also need the necessary funding, which will be passed
as separate legislation by congressional appropriation committees.
It is often beneficial for members of Congress to be lobbied by
their constituents to be sure that local projects get appropriate
funding, which is often the toughest part of any legislative battle,
particularly in the current budget environment. It is often beneficial
for constituents to lobby their members of Congress about funding
for local projects, which is often the toughest part of any legislative
battle, particularly in the current budget environment. The House
has held a number of hearings on WRDA this year but has yet to pass
any legislation.
ASLA will monitor the advancement of the WRDA, and
the cornerstone of our advocacy efforts will be to make sure that
as the legislation works its way through the appropriations process,
the projects contained therein receive the appropriate funding.
Click
here to view the bill.
Safe Drinking Water
Key drinking waters issues on the congressional agenda include addressing
problems caused by contaminants such as the gasoline additive MTBE,
perchlorate, and lead. The Energy Policy Act of 2005 includes language
that would require the addition of new leak-protection provision
to the federal underground storage tank program to protect drinking
water and provide funding to clean up petroleum tank leaks and leaks
involving MTBE. A number of additional bills have been introduced
in both houses of Congress with regards to these contaminants, and
in all likelihood they will be absorbed into larger legislative
packages, both because of the attention they have already received
and because of the level of concern that continues to be generated.
Drinking Water State
Revolving Fund
A critical component to ongoing efforts to ensure safe drinking
water infrastructure is the Drinking Water State Revolving Fund
(DWSRF), which was created in 1996 to help states comply with the
Safe Water Drinking Act. This program authorizes the Environmental
Protection Agency to award annual capitalization grants to states.
The Congressional Research Service reports that “the DWSRF
program is generally well regarded; however, many organizations
and state and local officials argue that greater investment in drinking
water infrastructure is needed. EPA’s latest survey of capital
improvement needs for water systems estimated that communities need
to invest $150.9 billion on drinking water infrastructure improvements
over 20 years (1999–2018) to comply with existing drinking
water regulations and to ensure the provision of safe water.”
In the history of the program, DWSRF has been funded just below
$1 billion per fiscal year.
ASLA will monitor the advancement of DWSRF-related
legislation and, where possible, advocate increased funding.
Combating Terrorism: Drinking-Water Security
In his FY2006 budget request, the President requested $44 million
to launch two new drinking-water security initiatives, the Water
Sentinel and the Water Alliance for Threat Reduction. The goal of
the Water Sentinel initiative is to establish pilot early warning
systems through intensive water monitoring and surveillance for
contaminants and to form a water laboratory alliance to build the
analytical capacity needed to support the surveillance program.
The Water Alliance charges the EPA with ensuring that large water
systems have the tools and information needed to prevent, detect,
and respond to attacks. ASLA will monitor the President’s
proposal as it moves through Congress and will pay close attention
to how the pilot program is enacted and to the results that it yields,
with an eye towards establishing a more comprehensive infrastructure.
It is critical to combat bioterrorism and other threats, yet we
must also be mindful of integrating all of our infrastructure efforts,.
Congressional
Research Service Issue Brief: Safe Drinking Water Act: Implementation
and Issues
Water and Transportation
SAFTEA, the comprehensive transportation legislation, has passed
both the House and Senate and is currently “in conference,”
as representatives from both chambers are working to reconcile the
differences in the two versions. The bill that passed in the Senate
includes a Highway Stormwater Discharge Mitigation Program. If the
provision becomes law, each state will be directed to reserve two
percent of its Surface Transportation funds for stand-alone stormwater
projects to retrofit existing facilities in the federal highway
system. Over the next six years, $867 million would be provided
for such projects. The stormwater mitigation program was not included
in the House version of the bill, and it narrowly survived an effort
to have it removed from the overall transportation package when
it was being defeated in the Senate. There is considerable concern
that it will not be in the conference report, which must then be
reaffirmed by both houses of Congress before being presented to
the President for his signature or veto. ASLA is actively working
to retain the Senate provision—please refer to last week’s
Land Online and contact your senator or representative if he or
she is a member of the conference committee.
Land and Water Conservation
Fund
A number of federally funded efforts promote the design and development
of outdoor spaces and environments. Among the most prominent of
these programs is the Land and Water Conservation Fund (LWCF), which
is administered by the U.S. Department of the Interior and provides
money to federal, state, and local governments.
A key component of the LWCF is its “stateside”
program—matching grants provided to state and local parks
and recreation programs for the acquisition, development, and planning
of outdoor recreational opportunities. This year the President’s
budget included zero funding for the stateside program, in contrast
to the $90 million in funding that was included in last year’s
budget. To date, efforts to restore this funding to the Interior
Appropriations bill have been unsuccessful; however, there has been
considerable bipartisan congressional coalescence around the importance
of the funding, and this joint effort is likely to continue in both
the current and future budget cycles.
ASLA is actively advocating for inclusion of this
funding in the FY06 Interior budget. If you have not already done
so, please contact your congressional offices in support of LWCF.
The Twenty-First-Century Water Commission
One encouraging piece of legislation that has already quickly been
approved the House of Representatives, in overwhelming bipartisan
fashion, is H.R. 135, the “Twenty First Century Water Commission
Act of 2005.” It has now been sent to the Senate for consideration.
This legislation establishes a body of nine individuals, appointed
by the President in consultation with Congress, which will:
- Project future water supply and demand;
- Study current water management programs of federal,
interstate, state, and local agencies and private-sector entities
directed at increasing water supplies and improving the availability,
reliability, and quality of freshwater resources; and
- Consult with representatives of such agencies
and entities to develop recommendations for a comprehensive water
strategy that identifies incentives intended to ensure an adequate
and dependable water supply to meet U.S. needs for the next 50
years; suggest further strategies that avoid increased mandates
on state and local governments, considering all available technologies;
and suggest financing options.
Click
here to view the full text of the bill.
ASLA will monitor the advancement of this legislation in the United
States Senate and urge its signature into law by the President.
Coastal Zone Management Reauthorization
Act of 2005
The Coastal Zone Enhancement Reauthorization Act of 2005 would amend
and strengthen the original 1972 legislation to authorize the Secretary
of Commerce to make grants to any coastal state without an approved
coastal zone management program if it demonstrates that its grant
will be used to develop a program consistent with the act. It also
revises several grant requirements and allows more flexibility for
grants to states for administering a state’s coastal zone
management program with regards to developing and implementing coastal
nonpoint pollution control programs. The Senate version of the act,
which was introduced with bipartisan support, also expresses the
sense of Congress that the Undersecretary of Commerce for Oceans
and Atmosphere should reevaluate shoreline mileage calculations
used in the distribution of funding under the coastal zone management
program to ensure equitable treatment of all regions, including
Southeastern and Great Lakes States. Several hearings have already
been held, and the legislation will likely receive more attention
later this summer and in the early fall.
Click
here to view the full text of the bill.
ASLA will be monitoring this legislation and will advocate its passage
in some form by the 109th Congress. As was evidenced by the year’s
long effort to pass SAFETEA, even strong bipartisan support is no
guarantee that necessary efforts to update older policies and laws
will be successful without coalitions applying the appropriate pressure.
Where Do We Go from Here?
Water concerns have long been neglected in Washington, but ur political
leaders are finally beginning to grasp the consequences of our nation’s
aging infrastructure, albeit, often because of what is happing in
their own backyards. As ASLA moves forward with water issues on
its agenda, we should be mindful of three points:
1. Visibility –
With all that is on their plates, the more our leaders become familiar
with a precise message on the importance of water resource planning
and management, the more engaged they are likely to be. We must
work to make water issues a priority.
2. Funding –
The nation faces a challenging budget environment, to be sure, but
the fact remains that many water resource efforts are dramatically
underfunded, and we continue along this path at our peril. ASLA
must continue to fight for more federal funding for water-related
priorities.
3. Local Efforts –
Landscape architects need to identify what federally funding projects
are affecting them locally and then need to make the connections
with their House and Senate offices in their individual states,
so that we maximize staff efforts at ASLA National.
For more information, contact Cara Woodson Welch,
esq., ASLA’s Director, Government Affairs and Legal Counsel,
at cwelch@asla.org.
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