INDEX:

---EDITOR'S NOTE--

---EDITOR'S CHOICE---

·	Clean Water Act Jurisdiction upheld in United States v. Gerke Excavating (7th Circuit June 21, 2005)
·	A National Survey of Potential Wetland Hydrology Regional Indicators
·	Call for Papers and Deadline July 1 for Wetland and Riparian Area Legal Workshop: Identifying "Waters of the U.S." After SWANCC
·	Call for Papers Deadline August 1 Workshop: Integrated Restoration of Riverine Wetlands, Streams, Riparian Areas, and Floodplains In Watershed Contexts.
·	Western Wetland Conference Call for Papers Deadline is July 1

---NATIONAL UPDATES---

·	Red Tide Spreads From Maine to Cape Cod
·	Assistant Administrator Gives Keynote Wetlands Address at the American Law Institute
·	Norton Announces Funding for Wetlands Projects, Additions to National Wildlife Refuges
·	A Real Swampy Deal
·	World Environment Day Spotlights Cities
·	Judge orders increased spills on Snake and Columbia River Dams in Salmon Protection Case
·	Army Corps seeks partners for Estuary Habitat Restoration Projects
·	USGS Director Announces Resignation
·	Secretary Norton names Pat Leahy Acting Director of the U.S. Geological Survey

---LEGISLATIAVE NEWS---

·	Update on Senate Appropriations for EPA
·	Environmental Rollbacks
·	Transportation
·	House Limits Farm Bill Conservation In USDA Bill
·	Senate, House Reps Introduce Sweeping Marine Bills
·	Bush Admin Plans To Expand Off-Shore Farms
·	Sen. Grassley Plans Tax Reform for Conservation Easements
·	Senate Energy Bill Close to Passage
·	Senate Committee Approves Energy and Water Appropriations
·	House Committee Approves WRDA

---STATES NEWS---  

·	LA: Legislature to Wade into Wetlands Logging Debate - Timber Interests Say Corps Out of Bounds
·	MN: Officials Begin Using Old Ditches as Wetlands As Other Land is Developed
·	MI: Beach Work Stirring Up Controversy - DEQ Officials Take Conflicting Views
·	CA: Songbird Missing from Central Valley for 60 Years Reappears at San Joaquin River National Wildlife Refuge
·	MD: Runoff Pollution Alleged in Charles - MD Cites Company Involved in Project Near Araby Bog
·	FL: The Everglades - Vigilance Falls Woefully Short
·	NJ: DEP Fines Ddeveloper, Engineer, and Consultant for Falsifying Freshwater Wetland Application
·	MD: Federal Judge Denies Bid to Stop Killing of Mute Swans
·	FL: New Law Fails to Protect Wetlands

---PUBLICATIONS AND RESOURCES---

·	Wetlands Reports Available From the Corps Engineer Research and Development Center
·	The "Who's Who" on Water-Weed Bugs
·	Audubon New York Release IBA or NYS: Habitat Worth Protecting
·	New Resources on Phragmites, Wetland Invader

---POTPOURRI---

·	RFR/Q Posted for Wetland Restoration Technical Assistance
·	BHE Environmental, Inc., an Environmental Consulting Firm Providing Services to Clients Nationwide, has an Immediate Opening in Our Cincinnati Office for a Mid-Level Biologist
·	Postdoctoral Research Position: Development and Implementation of Watershed Models to Guide Riparian Restoration
·	Project Environmental Scientist - Wetlands and ESAs
·	Senior Wetland/Stream Scientist
·	Environmental Engineer
·	Senior Wetland Scientist

---MEETINGS AND CONFERENCES---

For a rolling calendar of meeting, conferences, and other events visit the ASWM calendar.

EDITOR'S NOTE

Dear friends and colleagues,

I have a little help on the newsletter this time around.  Laura Burchill, whom some of you may know through your dealings with the ASWM office, will be assisting with - and possibly even soloing on - Wetland Breaking News from now until I return from maternity leave in mid-November.  Not that I've had the baby yet; he still has ten or so weeks to grow on before making his grand entrance into the world. But we're getting our ducks in a row to make the transition as smooth as possible.

It is hot here in upstate New York, but it will be even hotter next week when I vacation in - of all places - Orlando, Florida.  We're in town for the Pepsi 400, that is, my husband is taking us so he can go to the Pepsi 400 [oil shortage? what oil shortage?].  If you know of any local activities that don't involve amusement parks or high speeds, please let me know. Right now the only thing on my agenda is swimming and reading, but that's not so bad for a vacation plan, is it?  In anticipation of being out of town, we made plans to release our three tadpoles. One green frog toadlet had grown quite large, with the four legs and a tail that looked about ready to drop.  Imagine our surprise when we returned home the day of the planned release to find him hopping about the kitchen!  We immediately returned them all to the pond from which we pulled them, and they seemed to adapt quickly and well.

Special thanks to our terrific contributors: Catherine Garra, EPA; Doug Wilcox, US DOI; Craig Hanlon, The Louis Berger Group, Inc.

Happy Fourth of July! Jennifer Brady-Connor Editor, Wetland Breaking News

EDITOR'S CHOICE

Clean Water Act Jurisdiction upheld in United States v. Gerke Excavating (7th Circuit June 21, 2005)

Julie Sibbing, National Wildlife Federation, June 21, 2005 - In another case involving the regulation of ditches, conservative Seventh Circuit Court of Appeals judges Posner and Easterbrook, along with Judge Evans, ruled that wetlands adjacent to a ditch that runs into a non-navigable creek that runs into the non-navigable Lemonweir River which eventually turns into the navigable Wisconsin River are covered under the Clean Water Act.  The Court not only found that the Act and its regulations covered non-navigable ditches and their adjacent wetlands, but that Congress has broad power to regulate non-navigable waters. The court's decision can be found at http://www.shumanlaw.com/DynamicContentPage.asp by scrolling down the right side of the page under Case Summaries; Environmental Law.

A National Survey of Potential Wetland Hydrology Regional Indicators

The U.S. Army Corps of Engineers ERDC Westland Regulatory Assistance Program has published a "Survey of Potential Wetland Hydrology Regional Indicators" by Chris V. Noble, Daniel J. Martel, and James S. Wakeley.  The report provides an expanded list of hydrology indicators that could be used by Corps District staff delineating wetlands.  The document is available to access/download the document (10 pages, 5.5 MB) in pdf format, the address is: http://libweb.wes.army.mil/uhtbin/hyperion/TN-WRAP-05-1.pdf Go to WRAP, Technical Notes for find the report.

Call for Papers and Deadline July 1 for Wetland and Riparian Area Legal Workshop: Identifying "Waters of the U.S." After SWANCC

The deadline for submittal of abstracts for the Association of State Wetland Managers' legal workshop on identifying "Waters of the U.S." after SWANCC is July 1.  The workshop will be held October 18-19, 2005 at the Albuquerque Marriott Pyramid North in Albuquerque, New Mexico. The workshop is tailored in part to the arid southwest and similar dry climates within the U.S. and will address topics such as: 1) Court Decisions Since SWANCC, "Navigable Waters" and "Waters of the U.S." 2) "Navigability": Multiple Uses of the Term at Federal/State Levels; Implications; 3) Addressing "Problem" Contexts for Establishing CWA Jurisdiction (e.g. Closed Basins, Ephemeral Streams, Arroyos, Waters Connected to Other Waters Through Ground Waters or Sheet Flow,  etc.) 4) Scientific, Legal, and Policy Issues 5) Scientific and Legal Issues in Establishing a "Significant Nexus" Between Wetlands and Waters and Navigable Waters Tributaries Including Ephemeral Streams and Arroyos, 6) Federal, State, Tribal and Local Programs to Fill the Gap Created by SWANCC; and other topics. Please e-mail abstracts in Word, Word Perfect, ASCII, or rich text format to Sharon at sharon.weaver@aswm.org. For more information:  Visit the ASWM conference web site for agenda, hotel, and registration information at http://www.aswm.org/calendar/legal/legaloct.htm.

Call for Papers Deadline August 1 Workshop: Integrated Restoration of Riverine Wetlands, Streams, Riparian Areas, and Floodplains In Watershed Contexts

This workshop addressing integrated approaches to restoration of aquatic resources is scheduled for November 15-16, 2005 at the University of Amherst Campus Center in Amherst, Massachusetts. The principal workshop goal will be to build state, tribal, local government, federal, and private stream, riparian, and floodplain capabilities to simultaneously restore riverine wetlands, streams, riparian areas, and floodplains in a watershed context. Abstracts in response to the current Call for Papers are due August 1, 2005. For more information contact: aswm@aswm.org or view the call for papers, additional information on the workshop and a draft agenda at:http://www.aswm.org/calendar/integratingrest/integratedrest.htm.

Western Wetland Conference Call for Papers Deadline is July 1

The Western Wetland Conference will be held at the Denver Marriott West from October 24-26, 2005.   Individuals and organizations interested in wetland functions, conservation, and protection are invited from across the 17 state region (ND, SD, NE, KS, OK, TX, MT, WY, CO, NM, ID, UT, NV, AZ, WA, OR, CA). The conference will focus on successful approaches and strategies for overcoming wetland protection challenges which are unique to the west: water shortages and variability, limited regulatory protection, and lack of information.  Three tracks highlight topics high priority topics across the region.  Tracks are: Strategies for Wetland Protection; Gathering and Using Information; and Water Availability.  For more information, please visit: www.mtwatercourse.org/wwc/index.htm. Call for speakers: Speakers for specific topics and sessions can apply by submitting an abstract and title to jkeigley@montana.edu by July 1, 2005. Successful candidates will be notified by the end of July.  Please visit ww.mtwatercourse.org/wwc/index.htm under  "speakers" for more information.

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NATIONAL UPDATE

Red Tide Spreads From Maine to Cape Cod

Weekly Highlights From the National Academies, June 24, 2005 - Shellfish beds from Maine to Cape Cod have been closed due to the worst algae bloom in New England since 1972. While red tide is a natural occurrence, some scientists think the phenomenon is happening more frequently and heavily because of nutrient runoff from industrial areas near coastlines. The red tide off of New England may be the result of a unique combination of natural events, such as unusual weather patterns, a heavy winter snow melt, and heavy spring rains, as well as increased sun over the past few weeks. View the complete report at: http://www.nationalacademies.org/headlines/#sh0617

Assistant Administrator Gives Keynote Wetlands Address at the American Law Institute

EPA WaterNews, June 14, 2005 - Benjamin Grumbles gave the keynote address at the American Law Institute, American Bar Association (ALI-ABA) course on Wetlands Law and Regulation last week in Washington, D.C. Grumbles discussed the Administration's progress towards achieving The President's goal of a gain of three million wetlands acres in five years announced on Earth Day 2004. The President's initiative marks a major shift from no net loss to overall gain in wetlands and directs the Federal Government to work cooperatively to restore, improve, and protect three million acres over the next five years. This plan to add wetland acres also includes a component to improve tracking and accountability of the federal partners in monitoring wetlands gains and losses nationwide. Grumbles stated that since Earth Day 2004, the agencies had restored, improved, and protected about 832,000 acres of wetlands. By October 2006, an additional 1.2 million acres of wetlands will be restored, improved, and protected. For the full report on progress toward meeting the President's goal, visit http://www.coastalamerica.gov/.

Norton Announces Funding for Wetlands Projects, Additions to National Wildlife Refuges

U.S. Fish and Wildlife Service news release, June 21, 2005 - Interior Secretary Gale Norton today announced that the Migratory Bird Conservation Commission approved nearly $18 million for habitat conservation in the United States and Canada to benefit migratory birds. At the same time, the Commission also approved the acquisition of more than 600 acres of important migratory bird habitat to be added to the U.S. Fish and Wildlife Service's National Wildlife Refuge System. The approved funds will be used to provide grants to states and other partners through the North American Wetlands Conservation Act (NAWCA) to meet important habitat goals for migratory birds. The Commission also allocated revenue from the sale of Migratory Bird Hunting and Conservation Stamps, commonly called Duck Stamps, to purchase key tracts of land in three states for the National Wildlife Refuge System. View the complete report at: http://www.doi.gov/news/040609b. For more information on NAWCA and to see summaries of funded projects, please see http://www.fws.gov/birdhabitat/NAWCA/grants.htm. For more information about the Federal Duck Stamp program please visit http://duckstamps.fws.gov.

A Real Swampy Deal

June 13, 2005 - By Edward T. Pound, US News and World Report. How a plan to preserve Florida's Everglades turned into a financial boondoggle--and finally got killed. Some deals seem too good to pass up. In the spring of 2002, President Bush and his brother, Florida Gov. Jeb Bush, unveiled a plan to prevent oil and gas exploration in a vast Everglades wildlife refuge. For $120 million, they announced, the Interior Department would acquire 400,000 acres of mineral rights held by a private company. Environmentalists, not usually big fans of the president, cheered. "This agreement," said Interior Secretary Gale Norton, "is a win for all sides." The reality, federal investigators now say, is quite different. In a searing report obtained by U.S. News, the Interior Department's top investigator, Inspector General Earl Devaney, assailed the actions of senior Interior officials and Collier Resources Co., a prominent family-owned concern in Naples, Fla., that stood to profit from the deal. Interior officials ignored legal requirements and the strong objections of career employees, the report said, provided "incomplete" information to Congress on the deal, and agreed to pay a bloated price for the oil and gas rights controlled by Collier. The report also said that investigators "found nothing to indicate" that the mineral resources have "any significant value" and even suggested that Interior paid for those rights in an earlier deal with Collier. After investigators began an inquiry two years ago, the report said, the deal fell apart and never received the required congressional approval. Devaney declined to comment but is scheduled to testify this week when the Senate Finance Committee, chaired by Charles Grassley, holds hearings on the Everglades deal. Grassley, a Republican from Iowa, calls the deal a "fiasco," saying, "This report shows that, for years, the Interior Department has been happy not only to bend but also to flat-out ignore its own rules regarding land deals." http://www.usnews.com/usnews/news/articles/050613/13swamp.htm

World Environment Day Spotlights Cities

June 10, 2005 - ESA Policy News www.esa.org - Mayors of 50 cities worldwide convened at an annual U.N. World Environment Day conference and marked the event by signing a set of 21 urban environmental accords. The ratification of the Urban Environment Accords, designed to fight global warming and increase sustainability, was the capstone of the meeting, which this year focused on "green cities." The signatories pledged to improve the environment of their cities in seven broad areas: energy, waste reduction, urban design, urban nature, transportation, environmental health and water.

Judge Orders Increased Spills on Snake and Columbia River Dams in Salmon Protection Case

June 13, 2005 - By Joseph B. Frazier, Associated Press - PORTLAND, Ore. - A federal judge ordered U.S. officials to increase the volume of water spilled through five dams on the Snake and Columbia rivers to make it easier for imperiled salmon species to reach the ocean. U.S. District Judge James Redden, however, rejected a request to increase by 10 percent the speed of the rivers' water flow. Environmentalists had said that would lower water temperatures and further help the salmons' migration to the sea. "The fall chinook run is in danger" because of the small amount of water spills, Redden said at a hearing Friday. "The law says you can't do that." . . . http://www.enn.com/today.html?id=7929

Army Corps Seeks Partners for Estuary Habitat Restoration Projects

June 16, 2005 issue of LGEAN Update - Congress has appropriated limited funds to the U.S. Army Corps of Engineers to implement the Estuary Habitat Restoration Program. On behalf of the Estuary Habitat Restoration Council (Council), the Corps is soliciting proposals for estuary habitat restoration projects. Recommended projects must provide ecosystem benefits, have scientific merit, be technically feasible, and be cost-effective. Proposals selected for Estuary Habitat Restoration Program funding will be implemented in accordance with a cost-share agreement with the Corps (this is not a grants program). Proposals must be received on or before July 25, 2005. Proposal forms may be accessed at http://www.usace.army.mil/civilworks/cecwp/estuary_act/ or by contacting Ellen Cummings at 202/761-4750 or Ellen.M.Cummings@usace.army.mil; or Ms. Cynthia Garman-Squieat 703/695-6791 or Cynthia.Garman-Squier@hqda.army.mil. Electronic submissions are preferred and will facilitate processing. http://www.lgean.org/html/whatsnew.cfm?id=918

USGS Director Announces Resignation

June 10, 2005 - ESA Policy News www.esa.org - Secretary of the Interior Gale A. Norton announced the resignation of Dr. Charles Groat as Director of the U.S. Geological Survey (USGS), effective June 17, 2005. Dr. Groat will resume his academic career at the University of Texas at Austin. In his letter of resignation to President Bush, Groat said his term as USGS Director has been the most challenging and rewarding part of his career. "As the need for a more thorough understanding of complex natural systems and their interaction with human activities has grown, I have endeavored to increase the ability of the USGS to provide this knowledge," he said. "By reducing internal organizational barriers to collaborative research among our geology, water, biology, geography, and geospatial information disciplines, we have been a leader in integrated approaches to scientific inquiry." A permanent replacement must be nominated by President Bush and confirmed by the U.S. Senate.

Secretary Norton Names Pat Leahy Acting Director of the U.S. Geological Survey

June 13, 2005 - WASHINGTON - Interior Secretary Gale Norton today named Dr. P. Patrick Leahy as acting director of the U.S. Geological Survey. Leahy will take over from Dr. Charles G. Groat, who has announced his resignation, effective on June 17, 2005, to accept an appointment at the University of Texas at Austin. A permanent replacement for USGS director must be nominated by President Bush and confirmed by the U.S. Senate. "Pat is a consummate professional with a wealth of scientific expertise and administrative experience on a broad range of issues," Norton said. "He has been with USGS since 1974, and I am confident in his ability to take on this position." Leahy is currently the associate director for Geology of the U.S. Geological Survey. He has responsibility for federal Earth-science programs, which include worldwide earthquake hazards monitoring and research, geologic mapping of land and seafloor resources, volcano and landslide hazards, and assessments of energy and mineral resources. He also is responsible for all USGS international activities.

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LEGISLATIVE NEWS

Update on Senate Budget/Appropriations for EPA

June 16, 2005, Legislative Watch http://www.nrdc.org/legislation/legwatch.asp - "On 6/9, the Senate Appropriations Committee approved $7.88 billion in FY06 funding for the EPA. This represents a cut of roughly $140 million from the FY05 level, but is still a significant increase above both President Bush's request and the House-approved funding level. The Clean Water State Revolving Loan Fund, which provides support for upgrading wastewater treatment plants across the country, escaped deep cuts in the committee bill, where it is set to receive $1.1 billion. This is substantially higher than the $730 million proposed by the president and the $850 million approved by the House . . . "

Environmental Rollbacks

June 16, 2005, Legislative Watch http://www.nrdc.org/legislation/legwatch.asp - On 5/25, the House approved the Defense Authorization bill (H.R. 1815) without exemptions the Pentagon had requested from the Clean Air Act and hazardous waste and Superfund laws. The Senate rejected these exemptions on 5/19. Nonetheless, the exemptions, which have been vigorously opposed by a coalition of environmental groups, water utilities, local and state government officials and others, could still be added to the bill in the House-Senate conference committee.

Transportation

June 16, 2005, Legislative Watch http://www.nrdc.org/legislation/legwatch.asp - A House-Senate conference committee began meeting in early June to attempt to reconcile funding levels in the two versions of the bill. The Senate funding level exceeds the House-approved amount by $11.2 billion.

House Limits Farm Bill Conservation in USDA Bill

June 10, 2005 - ESA Policy News www.esa.org - The House passed a nearly $17 billion fiscal year 2006 agriculture bill, providing over $2 billion for various conservation and environmental programs but still falling millions of dollars short of conservation levels set in the 2002 farm bill. The Senate is expected to take up its farm spending measure in late June. Several environmental riders made it into the bill - including amendments to increase funds for watersheds and invasive species. The spending measure includes almost $940 million for the Natural Resources Conservation Service (NRCS) and $794 million for conservation operations, cutting the program by over $60 million from the FY '05 funding levels. It also limits a number of conservation programs below the level authorized by the farm bill. An up to date list of House and Senate Appropriations is posted at the National Association of Conservation Districts website at: http://www.nacdnet.org/govtaff/FY06/funding.htm.

Senate, House Reps Introduce Sweeping Marine Bills

June 10, 2005 - ESA Policy News www.esa.org - Lawmakers on both sides of Capitol Hill introduced two separate comprehensive oceans bills. Sen. Barbara Boxer (D-CA) floated a new wide-ranging oceans bill, while Reps. Sam Farr (D-CA), Tom Allen (D-ME) and Curt Weldon (R-PA) from the House Oceans Caucus took the cover off a revamped version of their large oceans bill, similar to an effort they put forward last year. Both bills push for greater research, investment and protection of ocean resources, in response to calls last year by the nonprofit Pew Oceans Commission and the U.S. Commission on Ocean Policy for better ecosystem-based management. But it remains questionable if the bills will see attention in committee, since the chairmen of those panels are already gearing up for oceans legislation of their own. Senate Commerce Committee Chairman Ted Stevens (R-AK) has said he would like to work on his own fisheries bill, a reauthorization of the Magnuson-Stevens Act. And House Fisheries Subcommittee Chairman Wayne Gilchrest (R-MD) has also said he would work on Magnuson-Stevens, as well as adding resources elements to a National Oceanic and Atmospheric Administration (NOAA) organic Act already passed by the House Science Committee. Boxer's legislation would restructure oceans governance, making NOAA independent and creating a Council on Ocean Stewardship. The bill revamps fishery management, requiring NOAA and regional fishery councils to develop plans to protect and sustain fish populations and requiring an ecosystem-based approach to determining the health of a fishery. The House proposal - the "Oceans Conservation, Education, and National Strategy for the 21st Century Act" (OCEANS-21) - would put ecosystem-based management as a top priority and create a Cabinet-level committee on ocean policy.

Bush Admin Plans to Expand Off-Shore Farms

June 10, 2005 - ESA Policy News www.esa.org - The Bush administration unveiled legislation aimed at increasing five-fold the amount of fish produced in domestic fish farms by 2025. The legislation would establish a process for setting up farms in federal waters three to 200 miles off the coast, where private companies would be able to operate farms under 10-year renewable leases - a significant departure from current regulations, which confine fish farming to near-shore state waters. Officials hope to grow the U.S. fish farming industry from $1 billion per year to $5 billion per year and cut seafood imports, which now constitute more than 70 percent of U.S. production. The legislation, which would open 3.4 million square miles of ocean to fish farming, follows the recommendations of the Commission on Ocean Policy.

Sen. Grassley Plans Tax Reform for Conservation Eeasements

June 10, 2005 - ESA Policy News www.esa.org - The Senate Finance Committee will forge ahead this summer with a proposal to revamp federal tax law for donations of land and conservation easements, according to the panel Chairman, Sen. Chuck Grassley (R-IA). Changes sought by the committee include creation of an accreditation system for conservation groups and increased public disclosure for charities. Additionally, Grassley's committee will examine changes to the tax code recommended by the Joint Committee on Taxation. Those changes include reducing the deduction taken on donation of land easements from 100 percent to 33 percent or less and limiting farmers' ability to deduct the value of easements if they continue to live on the property. Conservationists said such changes would severely impact nonprofit groups' ability to preserve open space. "If those recommendations were enacted, it would virtually stop private donations of land conservation in America," said Rand Wentworth, president of the Land Trust Alliance. Concerns over the use and abuse of easements for tax purposes began in part after a Washington Post series alleged the Nature Conservancy spent millions of dollars to buy land, placed development restrictions on it and then resold it to the group's supporters at a discount.

Senate Energy Bill Close to Passage

June 24, 2005--Coastal States Organization http://www.coastalstates.org The Senate voted to bring a close to debate on the Senate version of the Energy Bill, bringing the bill closer to final approval which is expected early next week and setting up a very difficult conference with the House. Senators from Florida and New Jersey held up debate until they received an assurance that there would be no more amendments offered related to offshore drilling.  Senators John Warner (R-VA), Bill Alexander (R-TN) and George Voinovich (R-OH) offered an amendment that would allow Governors to petition the Interior Department to lift the offshore moratorium and drill for natural gas.  The amendment would also have effectively limited state review of offshore projects under the CZMA to 20 miles. The amendment was withdrawn after the objections of the coastal state Senators from NJ and FL.  By voice vote, the Senate approved an amendment by Senator Mary Landrieu (D-LA) that will provide a greater share of royalties from offshore oil and gas production to five producing states including Louisiana, Mississippi, Alaska, Alabama and Texas.  Senator Judd Gregg (R-NH), Chairman of the Budget Committee, raised objections to the bill as an unfair entitlement program of approximately $1 billion for a handful of states, from funds intended for discretionary funds to benefit all states. During debate, Senator Landrieu noted that earlier versions of her proposal in past Congress' in the Conservation and Reinvestment Act had provided sharing with all coastal states and other programs, but that it had also not been approved. The Senate is close to approving a bill that will include a comprehensive offshore oil and gas inventory and new authority for the federal government to override state opposition to siting of liquefied natural gas facilities.  For more details see: http://www.senate.gov/legislative/LIS/roll_call_lists/vote_menu_109_1.htm

Senate Committee Approves Energy and Water Appropriations

June 24, 2005--Coastal States Organization http://www.coastalstates.org--Last week, the Senate Appropriations Committee approved a FY '06 appropriations bill for the U.S. Army Corps of Engineers, the Department of Interior's Bureau of Reclamation, the Department of Energy, and several Independent Agencies.  The bill, H.R. 2419, provides a total of $31.25 billion, which is $1.49 billion above the President's request and House-passed bill.  The bill funds the U.S. Army Corps of Engineers at $5.298 billion, which is $966 million above the President' request and $258 million above FY '05 levels.  The House and Senate's version of the bill differ on issues concerning Corps financial management. The Senate bill supports the Corps ability to reprogram funds and use multiyear contacts as opposed to the House's provisions that monitor the movement of funds and limit the use of continuing contracts.  The Senate bill also includes starts for new projects and increases in funding for many Corps programs. It provides $103 million for shoreline protection studies and construction, which is $40 million above the House mark and $15 million over the request.  In additional to funding for state shore protection, the bill includes $7 million for shoreline protection under the Corps section 103 authority; $3.8 million for shoreline demonstration projects under the section 227 authority; $10.016 million for the regional sediment management demonstration program: $6.2 million for beneficial use of dredged materials under the Corps section 204, 207, & 933 authority; and $375,000 for the National Shoreline Study.

House Committee Approves WRDA

June 24, 2005--Coastal States Organization--http://www.coastalstates.org-This week, the House Transportation and Infrastructure Committee approved the Water Resources Development Act of 2005, H.R. 2864.  The bill, introduced last week by Rep. Don Young (R-AK), is nearly identical to the version of WRDA passed last year. What sets this year's legislation apart is the addition of nearly $5 billion in funding authorization for lock expansion and restoration on the Upper Mississippi River; Indian River Lagoon restoration in the Everglades; and environmental work along coastal Louisiana.  H.R. 2864 funds more than 1,500 Corps projects ranging from flood control to improved navigation. The bill includes reform for the Army Corps of Engineers, including a provision requiring independent peer review of all Corps projects costing more than $50 million.  The projects may be exempt from review if Corps leaders decide that they are not controversial and would have minimal environmental impacts.  If state or other federal agencies disagree that a project should be exempted from review, they may appeal that decision.  Projects under $50 million, may be subject to independent review if the Governor of a state affected by the project requests it, federal or state agencies determine the project would harm the environment, or Corps leadership decides the project is controversial.

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STATES NEWS

LA: Legislature to Wade into Wetlands Logging Debate - Timber Interests Say Corps Out of Bounds

June 15, 2005 - by Laura Maggi, Times-Picayune - BATON ROUGE, LA - The Legislature is poised to weigh in on a debate over whether the Army Corps of Engineers should regulate cypress logging in wetlands, with a House committee Tuesday approving a resolution asking Congress to stop the corps from requiring some landowners to get permits before they can log the timber on their property. The dispute was triggered by a corps order that stopped logging in a cypress swamp near Lake Maurepas in 2002, which has been followed by a few other "cease and desist" orders by the agency. The corps maintains that loggers must obtain permits before harvesting trees on certain wetlands. . . http://www.nola.com/news/t-p/capital/index.ssf?/base/news-2/1118816870273060.xml

MN: Officials Begin Using Old Ditches as Wetlands As Other Land is Developed

BY JANNA GOERDT, News Tribute Staff Writer - They look like rivers, running through the lowlands of Sax, Zim and Meadowlands. The hundreds of miles of ditches crisscrossing the Sax-Zim area were dug in the early 1900s so farmers could create usable fields out of the bogs and wetlands. The deep, wide ditches helped drain water away from the fields. As family farms waned, so did the ditches. Today, some of the abandoned ditches in St. Louis County are being eyed as an environmental treasure. Instead of drying up, an abandoned ditch tends to fill in with sediment and vegetation. It can then become something much more valuable to the county and state government - new wetlands. The St. Louis County Board voted Tuesday to officially close two branches of Ditch Six in McDavitt Township northwest of Duluth, though after decades of little or no maintenance they were ditches in name only. Closing the ditches will add 333 acres of wetlands, valued at about $8,000 an acre for replacement purposes, to the county's wetland credit bank . . . http://www.duluthsuperior.com/mld/duluthsuperior/11842007.htm

MI: Beach Work Stirring Up Controversy - DEQ Officials Take Conflicting Views

By Brian McGillivary, Record-Eagle staff writer - Traverse City - Hotel owner George Sarris received a permit from state and federal agencies to move sand on his beach, but the ebb and flow of Grand Traverse Bay has him pinned between angry environmentalists and regulators. "I was sickened, just sickened when I went down and looked at what was going on," baykeeper John Nelson said of the area of East Bay between Three Mile and Five Mile roads. "It is a coastal marsh and it is being destroyed." The incident demonstrates lingering animosity between environmentalists and some beachfront property owners over a so-called beach grooming law adopted in Michigan in 2003 during a period of low water levels in the Great Lakes. . . . http://www.record-eagle.com/2005/jun/11beach.htm

CA Songbird Missing from Central Valley for 60 Years Reappears at San Joaquin River National Wildlife Refuge

June 15, 2005 - A husky-voiced little songbird once common in California's Central Valley but not heard there for the last 60 years has reappeared on the San Joaquin River National Wildlife Refuge (NWR) west of Modesto. The least Bell's vireo (Vireo bellii pusillus) is a musical, chatty bird.  Some males have up to 15 different songs that finish with a distinctive, "cheedle, jeew." That song was heard by bird counter Lynette Lina along the banks of the San Joaquin River last Friday, who then verified it with other bird monitors. On Tuesday, they were able to record the birds to confirm the species. . . http://news.fws.gov/NewsReleases/showNews.cfm?newsId=81C2E018-65BF-03E7-2C1A149D5B85E5ED

MD Runoff Pollution Alleged In Charles MD. Cites Company Involved in Project Near Araby Bog

June 5, 2005 by Joshua Partlow, Washington Post Staff Writer - Jarrell Watson had been familiar with the natural beauty of Southern Maryland - the wetlands, shorelines and forests - but he was altogether unprepared the first time he stepped into the magnolia bog. "It was breathtaking. It seemed like a different world, almost an environment that didn't belong in this area, almost tropical," Watson said. "You see plant life you don't see anywhere else." He saw large cinnamon ferns looming up from a carpet of sphagnum moss; he saw holly trees, skunk cabbage, wild blueberries and the sweet bay magnolias in white-flowered bloom. That memorable introduction came in the summer of 2003, before ground had been broken on the 319-home Hunters Brooke subdivision, which would sit on a hill overlooking the magnolia bog, known as Araby Bog. Today, work in the development has led to citations by the Maryland Department of the Environment. . . http://www.washingtonpost.com/wp-dyn/content/article/2005/06/03/AR2005060301685_pf.html

FLThe Everglades - Vigilance Falls Woefully Short

May 29, 2005 - By Carl Hiaasen, 2005 Herald.com - If Miami-Dade commissioners sell out to developers and vote to move westward the county's Urban Development Boundary, thousands of acres of wetlands will be open to destruction. The decision would effectively sabotage the $8 billion Everglades restoration plan, and would further imperil South Florida's future water supply. In theory, wetlands are supposed to be protected under the Clean Water Act by the U.S. Army Corps of Engineers. Since the federal government is an equal partner with Florida in the much-hyped Everglades project, you might reasonably assume that the Corps would make at least a token effort at vigilance. But you'd be wrong. If the UDB gets moved, all remaining wetlands along the rim of the Everglades are in danger. Judging by its past actions, the Corps will bow to the developers as meekly as the politicians do. A series of superb articles in The St. Petersburg Times has documented that at least 84,000 acres of wetlands in Florida have been obliterated since 1990. See http://www.sptimes.com/2005/webspecials05/wetlands/index.shtml. That was the year that the first President Bush unveiled a federal initiative called ''no net loss.'' The idea was that developers would be made to replace the pristine marshes and swamps that they destroyed. ''It's a huge scam,'' Steve Brooker told The Times. For 15 years he reviewed wetlands permits for the Army Corps in Florida. ''A make-believe program,'' agreed Vic Anderson, who spent 30 years with the Corps.

NJDEP Fines Deviloper, Engineer, and Consultant for Falsifying Freshwater Wetland Application

June 8, 2005 - By Erin Phalon - (05/73) TRENTON - The New Jersey Department of Environmental Protection (DEP) fined a developer and two land use professionals a total of $738,000 for falsifying information in a freshwater wetland permit application for the proposed 155-unit Twin Brooks Village adult community in Tinton Falls. The applicants withheld information in an effort to develop wetland areas protected under the Freshwater Wetlands Protection Act. "This penalty sends a clear signal to land use professionals willing to submit false or misleading information to DEP: you will be punished," said Commissioner Bradley M. Campbell. "In too many cases, lawbreaking consultants have used false submittals to conceal risks and to skirt the requirements of the law." . . . http://www.nj.gov/dep/newsrel/2005/05_0073.htm

MD: Federal Judge Denies Bid To Stop Killing of Mute Swans

June 15, 2005 - WASHINGTON - A federal judge denied on Wednesday an animal group's request to stop the planned killing of mute swans blamed by wildlife officials for destroying Chesapeake Bay grasses. The Fund for Animals had sought a preliminary injunction to prevent the killing while the case was tried in court, but Judge Emmet G. Sullivan denied the motion noting the state's overwhelming likelihood of winning. In December, a last-minute addition to a federal spending bill cleared the way for Maryland to resume the killing of mute swans. Under the change, mute swans and as many as 94 other nonnative species were no longer protected by the act. . . http://www.thewbalchannel.com/news/4614656/detail.html