INDEX:
---EDITOR'S NOTE---

---EDITOR'S CHOICE---
Smallest Wetlands Targeted by Bill in Indiana
Court Reverses Decision on Mining
Farm Bill: Important Update on Technical Assistance Funding

---NATIONAL UPDATES---
Six Republican Senators Turn Against Bush on ANWR
Report Shows Evidence of Recovery From Effects of Acid Rain in Northern and Eastern U.S.
Nitrogen Controls Overlook Phosphorus
Settlement Means New Protections for Manatees
UNEP Releases Water Report To Mark World Water Day
Scientists Question Bush Panel Appointments
Spending Bill Includes Water Damaging Provisions
Corps, FWS Partner for Natural Resource Conservation, Restoration
U.S. Oceans Commission Wrestles With New Policies
Western Drought, Outlook Prompt Forecasters’ Concerns

---LEGISLATIVE UPDATES---
[Excerpts] Natural Resources Defense Council's LEGISLATIVE WATCH
New Bills Introduced or Moved in the House and Senate

---STATES NEWS---
[NH ] USA Springs Say Water Withdrawals are Safe
NJ Meadowlands Protection Planned
EPA Order Against NYC Points Out Need to Filter Croton Water Supply
Ruling Okays Clean Water Suits in Alabama

---PUBLICATIONS AND RESOURCES---
Report – “Wastewater to Wetlands: Opportunities for California Agriculture”

---POTPOURRI---
Funding Available for Environmental Projects in Pacific Northwest
Wetland Educator Needed to Coordinate and Teach National Wetland Education Program
Environmental Consulting Firm Seeks Senior Wetlands Ecologist and Regulatory Specialist
USEPA GLNPO Funding Guidance / Request for Proposals
NWF's Keep the Wild Alive Project Species Recovery Fund Grants for 2003
EPA Environmental Education Grants Info

---MEETINGS AND CONFERENCES---
For a rolling calendar of meeting, conferences, and other events visit the ASWM calendar

EDITOR'S NOTE

Dear friends and colleagues,

Last week I had the pleasure to meet many of the state wetland managers from and about whom I’ve heard but have never had an opportunity to meet. Thank you all for being so welcoming, and for saving me some food after a long day’s travel.

The New York State Wetlands Forum annual meeting and conference is taking place on March 11-12 in Saratoga Springs, NY.  If you are able to attend you’ll see me there, primarily because it is a terrific event and unlike any other in the nation.  The other reason is to give my final “good morning and thank you for joining us” welcoming address as chair of the organization.  That’s right, after three years of chairing the New York State Wetlands Forum I am stepping down.  For details about the conference visit http://www.wetlandsforum.org.

Thanks to the many contributors to this Edition, including Carlene Bahler, Catherine Harold, and Lori Duncan.

Until next time,

Jennifer Brady-Connor
Editor, Wetland Breaking News

EDITOR'S CHOICE

Smallest Wetlands Targeted by Bill in Indiana

By Seth Slabaugh, The Star Press, Muncie IN - The Izaak Walton League claims proposed legislation to protect Indiana's isolated wetlands was written by an industry lawyer and authorizes the destruction of the state's smallest wetlands.  The Indiana Department of Environmental Management also has "pretty big concerns" about Sen. Beverly Gard's Senate Bill 491, in part because it likely would exempt most of Indiana's isolated wetlands from regulation. For complete news article visit: http://www.thestarpress.com/tsp/news/local/03/feb/0206wetlandnews.php

Court Reverses Decision on Mining

Washington Post-1/30/03, By Eric Pianin, staff writer—“In a major victory for the mining industry, a U.S. appeals court in Richmond has reversed a lower-court ruling that would have ended the practice of filling rivers and streams with waste rock and dirt from mountaintop mining operations . . . A three-judge appellate panel reversed the district court's declaration that ‘fill material’ as used in the Clean Water Act was limited to ‘material deposited for some beneficial primary purpose.’ The appeals court also found that the Corps of Engineers and the Environmental Protection Agency had properly interpreted their authority under the Clean Water Act by issuing permits for the creation of valley fills in connection with mountaintop mining operations. The appeals court's 55-page decision said in part that the case did not turn on the question "of whether mountaintop coal mining is useful, desirable, or wise," but whether the Army Corps' practice of issuing permits, including the permit to Martin Coal, to create valley fills is permissible under the Clean Water Act" and whether Haden's ruling was ‘overbroad.’ . . .” http://www.washingtonpost.com/wp-dyn/articles/A1008-2003Jan30.html

Farm Bill: Important Update on Technical Assistance Funding

Rich Duesterhaus, National Association of Conservation Districts. 1/31/03. “The Senate passed its version of the FY’03 omnibus appropriations bill last week and the measure will now head for conference with its companion in the House of Representatives. NACD supports the legislative language in the agriculture title that specifically prohibits the use of the NRCS Conservation Operations account to pay technical assistance costs associated with delivering the mandatory Farm Bill conservation programs. Senators also reaffirmed their position on technical assistance funding by passing a sense of the Senate resolution that calls on the administration to provide full funding for the Farm Bill conservation programs and not use funds from the CO account to provide technical assistance for carrying out conservation programs directly funded by the Farm Bill . . . It is encouraging that key House, Senate and Administration officials recognize the need to protect the integrity of the base conservation operating program as well as the need to use mandatory program funds to finance both the financial assistance and technical assistance costs of the Farm Bill Conservation programs . . .

“Conservation district officials continue to provide the following messages:

1.                  Farm Bill conservation programs should be fully funded as authorized in the Farm Security and Rural Investment Act of 2002;

2.                  Discretionary NRCS Conservation Operation funds should not be redirected to support the implementation of the mandatory farm bill conservation programs.

“In related news, on January 30, USDA Secretary Ann Veneman announced FY ’04 funding levels for several of the Farm Bill conservation programs that will be included in the budget proposal President Bush will forward to Congress next week . . . Secretary Veneman also announced that the proposed rules for EQIP had been released with a 30-day comment period . . . “ For complete details visit http://nacdnet.org

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NATIONAL UPDATE

Six Republican Senators Turn Against Bush on ANWR

Planet Ark World Environment News, 2/3/03. WASHINGTON - The Bush administration's plan to open the Arctic National Wildlife Refuge to drilling suffered a major blow last week as six Republican senators said they opposed inserting language into a must-pass budget bill that would give oil companies access to the refuge. . . “  http://www.planetark.org/dailynewsstory.cfm/newsid/19664/story.htm

Report Shows Evidence of Recovery From Effects of Acid Rain in Northern and Eastern U.S.

EPA News Release, 01/29/03, Washington, DC. - EPA Administrator Christie Whitman announced today the release of a report that further documents the success of the Agency's Acid Rain Program in reducing acid rain in sensitive ecosystems of the United States.  The Acid Rain Program is the acclaimed market-based cap and trade program on which President Bush's Clear Skies proposal is modeled. The most recent data, available in the report, confirms a large and widespread decrease in wet sulfate deposition (i.e., acidic precipitation) across broad areas of the Northeastern and Upper Midwestern U.S.  The amount of wet sulfate deposited to lakes and streams declined by approximately 40 percent in the 1990s, allowing significant reductions in the number of these systems affected by acid deposition.  The full report is posted on EPA's Office of Research and Development Web page at www.epa.gov/ord and can be accessed by clicking on "research publications" and then by clicking on "air." 

Nitrogen Controls Overlook Phosphorus

1/28/03 Durham, NC (ENS) – “Strategies now used by environmental managers to control excessive nutrients in coastal wetlands may not achieve their intended goals because they focus on just one pollutant, a new study suggests. The study led by a Duke University scientist suggests that the current emphasis on controlling upstream nitrogen pollution fails to address the impacts on water quality of another potential contaminant: phosphorus . . . “ http://ens-news.com/ens/jan2003/2003-01-28-09.asp#anchor1

Settlement Means New Protections for Manatees

By Cat Lazaroff, 1/27/03. WASHINGTON, DC (ENS) – “The U.S. Fish and Wildlife Service has announced new measures aimed at protecting the endangered Florida manatee. The steps, which include new speed zones for powerboats and better enforcement of existing rules, refuges and national parks, are part of a settlement between the federal government and environmental groups who sued over what they called ineffective management of the dwindling species. Under the latest agreement, the U.S. Fish and Wildlife Service (USFWS) will propose three new manatee protection areas and establish specific time lines for putting up signs to alert boaters that they are entering manatee protection areas . . . “ http://ens-news.com/ens/jan2003/2003-01-27-06.asp

UNEP Releases Water Report To Mark World Water Day

BBC News Online, 01/27/03, By Alex Kirby, environment correspondent. GMT--…The United Nations has hit on a novel way to depict the gravity of the world's growing water crisis.  It is publishing a report on the quantity, quality and availability of global water supplies that relies on graphics rather than text to deliver its message. The report is supplemented by CD-Roms and other audio-visual material.  The authors believe this will prove a more effective way of alerting the world to what is happening.  The report, Vital Water Graphics, is published by the UN Environment Programme (UNEP), which worked with other UN agencies, international organisations and individual experts to produce it.  It illustrates problems such as the world's growing waste of water, the reduction in freshwater supplies, and the sharp fall in size of the Aral Sea, Lake Chad and the marshlands of Mesopotamia. For full text and graphics visit: http://news.bbc.co.uk/2/hi/science/nature/2692253.stm. World Water Day http://www.waterday2003.org. 

Scientists Question Bush Panel Appointments

Planet Ark World News. WASHINGTON, DC, 01/27/03 – “A growing number of scientists say President George W. Bush's administration is distorting the scientific advisory process by appointing conservative ideologues to panels that are supposed to be impartial. They fear the appointments are politically motivated and meant to delay decision-making affecting controversial areas such as the environment, abortion and workplace safety.  Administration officials say they are merely looking for diverse views and accuse the critics themselves of playing politics. . . “ http://www.planetark.org/dailynewsstory.cfm/newsid/19574/story.htm

Spending Bill Includes Water Damaging Provisions

WASHINGTON, DC, 1/24/03. (ENS) – “The omnibus spending bill passed by the Senate late Thursday includes two provisions that could damage wetlands and waterways. The Senate voted to direct the U.S. Army Corps of Engineers to enter into contracts for a $181 million project to build a project that will drain and damage 200,000 acres of wetlands in the Mississippi River Flyway. The language in the omnibus appropriations bill directs the Corps to move forward with this project even though the legally required environmental and fiscal reports have not yet been completed. The Yazoo Pumps project - which will be the world's largest hydraulic pumping plant - will be located near the confluence of the Yazoo and Big Sunflower Rivers north of Jackson, Mississippi. . . “ http://ens-news.com/ens/jan2003/2003-01-24-09.asp#anchor1 

Corps, FWS Partner for Natural Resource Conservation, Restoration

USFWS news release, 1/24/03. WASHINGTON, D.C. - The USFWS and the USACOE announced a collaborative effort to improve the development of America’s water resources and to conserve, protect and restore fish and wildlife resources. The two agencies also agreed to provide joint training and interagency developmental assignments. In addition, the Corps may provide planning, design and construction services as well as environmental restoration services, hazardous or toxic materials removal, and other engineering or technical assistance. The Fish and Wildlife Service may provide environmental management, fish and wildlife resource management and such other services for both Civil Works projects and military installations. http://news.fws.gov/newsreleases 

U.S. Oceans Commission Wrestles With New Policies

WASHINGTON, DC, 01/24/03, By J.R. Pegg  (ENS) - After a year of deliberations, the 16 Commissioners of the U.S. Commission on Ocean Policy agree that the nation's oceans, coasts and marine resources are in trouble. Pollution, coastal development and intensive fishing have caused severe harm to many U.S. marine ecosystems and to the economies of many coastal areas.  For full text visit: http://ens-news.com/ens/jan2003/2003-01-24-10.asp More on the US Commission on Ocean Policy can be found at: http://www.oceancommission.gov/]

Western Drought, Outlook Prompt Forecasters’ Concerns

NOAA news release, 1/21/03. A thin snow pack is raising concerns that stream flows and water supplies will be low for the spring and summer in several Western states, forecasters at the NOAA National Weather Service said today. In its latest drought assessment, the NOAA Climate Prediction Center said severe drought continues over most of the interior Western states and the central and northern Plains. Conditions ranging from abnormal dryness to moderate drought extend across the Midwest from western Missouri to the Great Lakes. Forecasters added that precipitation is plentiful across the South and Northeast, although drought persists in northern Maine. http://www.noaanews.noaa.gov/stories/s1083.htm

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LEGISLATIVE UPDATES

[Excerpts] Natural Resources Defense Council's LEGISLATIVE WATCH

January 30, 2003. [The information below is available in its entirety on the NRDC website at http://www.nrdc.org/legislation/legwatch.asp ] President Bush gave the annual State of the Union address on 1/28, announcing his intention to enact both the Clear Skies Initiative and the Healthy Forest Initiative, both of which are opposed by environmentalists. Senate Republicans and Democrats resolved their disagreements on the allocation of resources and committee appointments; Republicans will hold a one-seat advantage on all Senate committees to reflect their 51-48-1 majority.
Budget/Appropriations - On 1/23 the Senate passed a $390.5 billion comprehensive appropriations bill (H.J.Res. 2) made up of the 11 FY 03 funding bills the 107th Congress left incomplete when it adjourned last December. The bill contains a number of harmful riders that environmentalists would like to see removed during negotiations between the House and Senate. President Bush will send his annual budget proposal to Congress on 2/4, kicking off the FY04 appropriations process. For a step-by-step guide to NRDC annual odyssey through resolutions, reconciliations and appropriations, see NRDC's budget process fact sheet. http://www.nrdc.org/legislation/fbudg.asp
Clean Water - Two riders attached to the Senate appropriations bill would fund potentially harmful Army Corps of Engineers flood control projects. One rider would provide $15 million for Louisiana's Yazoo Pumping Station, which would drain 200,000 acres of wetlands, hardwood forests, and wildlife habitat in the Mississippi delta. The second rider would provide funds to pump water from Devil's Lake in North Dakota into the Cheyenne River, which flows into the Hudson Bay. Sen. McCain (R-AZ) sponsored amendments to block these projects, but they did not pass.

New Bills Introduced or Moved in the House and Senate

For complete details about any one or all of these bills visit http://www.thomas.gov

1 . Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act (Introduced in House)[H.R.289.IH]
2 . Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act (Introduced in Senate)[S.248.IS]
3 . Nutria Eradication and Control Act of 2003 (Introduced in House)[H.R.273.IH]
4 . Federal Lands Improvement Act of 2003 (Introduced in House)[H.R.353.IH]
5 . Coastal Zone Enhancement Reauthorization of 2003 (Introduced in Senate)[S.218.IS]
6 . Coastal Zone Enhancement Reauthorization Act of 2003 (Placed on Calendar in Senate)[S.241.PCS]
7 . Zuni Indian Tribe Water Rights Settlement Act of 2003 (Introduced in Senate)[S.222.IS]
8 . Two Floods and You Are Out of the Taxpayers' Pocket Act of 2003 (Introduced in House)[H.R.253.IH]
9 . Crossroads of the American Revolution National Heritage Area Act of 2003 (Introduced in Senate)[S.230.IS]

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STATES NEWS

[NH ] USA Springs Say Water Withdrawals are Safe

By Associated Press, 1/23/03. NOTTINGHAM – “Pump tests show that USA Springs Inc. can withdraw up to 310,000 gallons of water daily from its wells in Nottingham without harming local wells and wetlands, the company’s lawyer said Wednesday. Attorney Greg Smith said the results of the 10-day test in November bring the company a step closer to getting a state environmental permit for a bottling project bitterly opposed by Nottingham residents and officials. The project has been tied up by lawsuits and debate; the company’s barn was burned down last month and Smith blames opponents. Smith said he expects to submit a complete report to the state this week. The state has 45 days to decide whether the permit should be issued . . . “
http://www.seacoastonline.com/2003news/01232003/news/9079.htm

NJ Meadowlands Protection Planned

1/19/03. By Ana M. Alaya, Star-Ledger Staff. “For centuries, the battle between man and nature has raged in the Hackensack Meadowlands, as the vast marsh and cedar forests gave way - acre by acre - to dumps, warehouses, a sports complex and highways. Of the nearly 20,000 acres of marshes and waterways that once blanketed the 32-square-mile region, 8,400 acres remain, most of the area a mix of fresh water and salt water wetlands, most of it far from pristine. Next month, a plan will be unveiled that seeks to protect what remains of the undeveloped marshes that cover parts of 14 municipalities in Bergen and Hudson counties . . . “ http://www.gsenet.org/library/11gsn/2003/gs030124.php

EPA Order Against NYC Points Out Need to Filter Croton Water Supply

EPA news  release, New York, N.Y, 01/24/03 -- EPA has issued an administrative order to the City of New York for failing to provide timely public notification of a drinking water violation in the Croton Water System.  The City is currently designing a filtration plant for the Croton, and when it is built, it will virtually eliminate turbidity and enable the City to utilize the Croton supply whenever it needs it particularly in times of drought. The City has complied with the administrative order and mailed a public notification of the turbidity violations to bill-paying customers.  It has also informed its other customers by taking out newspaper ads that reached a mass audience. Public notification is now posted at
http://www.ci.nyc.ny.us/html/dep/home.html under "Public Notices."

Ruling Okays Clean Water Suits in Alabama

By Katherine Bouma, Birmingham News, 01/30/03 – “A federal appeals court has ruled that Alabama is failing to adequately enforce water-pollution laws, thereby paving the way for citizens of the state to sue under the national Clean Water Act. Under the terms of that act, citizens may go to court to enforce the law only if the state has failed to prosecute polluters and only after filing 60-day notice of intent to sue.  But because Alabama is doing a poor job of enforcing the law, the 11th U.S. Circuit Court of Appeals determined that residents of the state may sue to enforce the law even if the state has already taken steps toward enforcement.”
http://www.al.com/news/birminghamnews/index.ssf?/xml/story.ssf/html_standard.xsl?/base/news/1043921743223930.xml

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NEW PUBLICATIONS and RESOURCES

Report – “Wastewater to Wetlands: Opportunities for California Agriculture”

EPA News Release, Summer of 2002 - There are over 800 constructed freshwater treatment wetlands located in North America, however, the majority are linked to municipalities for wastewater and stormwater treatment. This report evaluates the following agricultural-related industries, their use and potential use of treatment wetlands, and the ancillary habitat benefit in California: Agricultural Crop Production; Food Processing (Fruit and Vegetable); Wineries; Dairies.  This report looks at each industry, its presence in California and how it currently handles wastewater. Specific case studies where treatment wetlands are used in these industries (whether in California or elsewhere in the United States) are also discussed. For the complete report visit www.suscon.org/wetlands/execsum.pdf. 

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POTPOURRI

Funding Available for Environmental Projects in Pacific Northwest

Capitol Reports Environmental Newslink. SEATTLE, WA (01/23/03) – “[EPA] is accepting applications to fund projects that will address environmental challenges in the Pacific Northwest. The funding is part of EPA's Regional Geographic Initiative (RGI) which targets unique, geographically-based projects that fill critical gaps in the Agency's ability to protect human health and the environment. The funds are available to a wide range of organizations including local governments, tribes, non-profit groups, hospitals and laboratories. Proposals will be accepted for innovative projects ranging from $10,000 to $50,000. Total funds available are yet to be determined. In Fiscal Year 2002, EPA funded 14 projects totaling $400,000 . . . Applications for the next round of grants must be postmarked by March 18. More information about the grants program and application forms are available online, or by calling (800)424-4372, the toll-free number from Alaska, Idaho, Oregon and Washington.” http://www.caprep.com/0103060.htm

Wetland Educator Needed to Coordinate and Teach National Wetland Education Program

Environmental Concern Inc. is seeking a wetland educator. This motivated and committed individual will be responsible for expanding, promoting, and coordinating the national wetland education program, WOW! The Wonders of Wetlands.  Responsibilities will include but are not limited to: scheduling, filling and teaching of WOW! Workshops both locally and nationally, securing funding for WOW!, enhancing WOW! with effective extensions, building an active network of WOW! facilitators and developing initiating and participating in new and dynamic wetland education initiatives. Environmental Concern offers competitive salaries and an excellent benefits package. To apply, send cover letter, resume, and names of three references to: Ms. Bronwyn Mitchell, Education Director - Environmental Concern (dir.educate@wetland.org) P.O. Box P, St. Michaels, MD 21663. Review of applications will begin February 6, 2003, and will continue until a suitable candidate is found.

Environmental Consulting Firm Seeks Senior Wetlands Ecologist and Regulatory Specialist

PCR Services Corporation, a southern California environmental consulting firm that provides planning, scientific, engineering, and strategic services, is seeking a Senior Wetlands Ecologist/Regulatory Specialist forour southern California office in Irvine.  This position requires a Bachelor's degree (Master's a +), five + years experience in research design, implementation, analysis and presentation; experience in wetlandsregulation (including permitting); wetland delineation; design of mitigation and restoration projects; and experience working with federal/state agencies on complex projects. Professional writing ability, leadership, and strongcomputer skills are also required.  PCR offers a full range of benefits including health and 401K retirement planning.Please send resume to:  Steve Nelson, PCR Services Corporation, One Venture, Suite 150, Irvine, California 92618or email: s.nelson@pcrnet.com.

USEPA GLNPO Funding Guidance / Request for Proposals

The USEPA's Great Lakes National Program Office (GLNPO) is requesting Proposals for up to $4,827,000 for projects furthering protection and clean up of the Great Lakes ecosystem. Proposals are requested through the "FY2003-2004 USEPA Great Lakes National Program Office Funding Guidance - Four Requests for Proposals."  This Funding Guidance is different from Funding Guidances issued by GLNPO during the last 10 years.  It consolidates the annual USEPA GLNPO competitive solicitation (the "General Request") with funds previously managed by USEPA Water programs in Regions 2 and 5 for projects for development and implementation of Lakewide Management Plans and Remedial Action Plans (the "Specific LaMP/RAP Request").   Also included in this Funding Guidance are new solicitations for Conferences and Publications and for a Grants Servicing Intermediary. The initial deadline for all proposals is 8:00 a.m. central time 03/31/03, with a separate rolling deadline for specified conferences and publications. http://www.epa.gov/glnpo/fund/2003guid/


NWF's Keep the Wild Alive Project Species Recovery Fund Grants for 2003

The National Wildlife Federation's Keep the Wild Alive project is kicking off the fourth year of its very successful Species Recovery Fund (SRF). KWA is now accepting applications from any organization, agency, tribe, university or individuals working to improve on-the-ground conditions for imperiled species. In 2003, Keep the Wild Alive will award ten grants ranging from $3,000 to $7,000. Applications must be submitted in English, and received by February 15, 2003. Grants will be awarded in April 2003. This year, SRF will support grassroots efforts that aim to improve on-the-ground conditions for any foreign or domestic species listed under the federal Endangered Species Act (ESA). This is a significant change for SRF, which for the past three years has funded only projects benefiting one of the 25 Keep the Wild Alive species or taxonomically related species. Complete information for SRF can be found at www.nwf.org/wildalive or obtained from Emy Rodriguez:  erodriguez@nwf.org or 202-797-6617).

EPA Environmental Education Grants Info

Funding Opportunity:  The U.S. Environmental Protection Agency (EPA) is soliciting applications for its Environmental Education Grants Program. This program provides financial support for projects that design, demonstrate or disseminate environmental education practices, methods, or techniques including assessing environmental and ecological conditions or specific environmental issues or problems. Eligible applicants include 501(c)(3)s, local education agencies, state education or environmental agencies, colleges or universities, or noncommercial education broadcasting entities. Deadline for applications is Feb. 14, 2003 For more information see:  http://www.epa.gov/enviroed/grants.html. 

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