Clean Water Mark-Up Finished in Committee May 1995

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May 1995 CLEAN WATER MARK -UP FINISHED IN COMMITTEE The House Transportation and Infra- structure Committee finished 3 days of committee mark -up on H.R. 961, the Clean Water Act Amendments of 1995 and ordered the bill to be favorably re- ported to the full House on April 7, by a vote of 42 -16. The full House is expected to take up consideration of the legislation in late May. The Committee staff is working diligently during the April recess to write the Committee Report that will accompany H.R. 961 and the report could be available as early as the first week in May. Included in the bill is legislative lan- guage that NWRA has negotiated with the Western Governors' Association and the Western States Water Council to protect state water rights law and water quality law, and also Indian Tribal lan- guage that would make Indian Tribal authority and State authority over Clean Water Act regulations more compatible. More than 50 amendments were of- fered during the three days, including an amendment by Congressman Jim Oberstar (D -MN) to strike the Indian Tribal language. That amendment failed by a largely parry -line vote of 15 -22• It is possible that another challenge to the Indian Tribal language may be attempt- ed on the House Floor. It is unclear whether a challenge to the state water rights and water quality language will be attempted by any Members of Congress. NWRA members are strongly encour- aged to let their Representatives know of their interest in these issues. Another item of great interest to NWRA members is an effort by the National Hydropower Association to amend Section 401 (State Permits and Licenses Certification) to address the Supreme Court Tacoma decision of May, 1994. The Court ruled that Wash- ington State could impose conditions for bypass flows using Federal Clean Water Act Section 401 certification powers. CLEAN WATER MARK -UP FINISHED IN COMMITTEE ........ ..............................1 HOUSE RESOURCES COMMITTEE ENDANGERED SPECIES ACT TASK FORCE MEMBERS AND KEY STAFF ................ ............................... 2 -4 REPUBLICANS..................................................................... ............................... 2 -3 DEMOCRATS....................................................................... ............................... 3 -4 AROUNDWASHINGTON ........................................................... ..............................4 The NHA garnered support through Congressman Bill Emerson (R -MO), Greg Laughlin (D -TX) and Mike Parker (D -MS) to propose an amendment to establish a conflict resolution mechanism between FERC and the states. The Congressmen and Chairman Bud Shuster chose to withdraw the amend- ment until the bill comes to the House Floor in late May, because the Western Governors Association strongly opposes any attempts to amend Section 401, viewing the Tacoma case as a victory for states. NWRA has offered to act as mediator between the two groups to find a palatable solution. Congressman Emerson indicated that if a solution were not worked out in time for House Floor consideration, that. he would offer his amendment anyway. Attention has also begun to be focused on the future of the reauthoriza- tion in the Senate. Senate Environment and Public Works Committee Chairman John Chafee (R -RI) has indicated that moving a Clean Water bill is not among his top priorities. Chafee's lack of interest in moving a Clean Water bill may be difficult to overcome, but House sources are hoping that the momentum of passing a bill in that chamber combined with the deter- mination of several water interest groups to get a bill to President Clinton's desk will create an atmosphere to move a bill forward. NWRA members are strongly encour- (continued on page 4)