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<br />approach to federal and state program assessment and
<br />evaluation. Further, it establishes a "comprehensive
<br />regional/state agreement for environmental
<br />performance" as the main delivery mechanism. Once a
<br />performance agreement is reached, EPA oversight will
<br />focus on limited program-wide reviews, after-the-fact
<br />(rather than case-by-case interventions).
<br />
<br />The letter from Ms. Metzenbaum also includes a copy
<br />of an executive summary of the Performance
<br />Partnership Grants Guidance. The program is designed
<br />to provide states and tribes with the flexibility to address
<br />their highest environmental priorities, improve
<br />environmental performance by more effectively linking
<br />program activities with environmental goals, develop
<br />innovative pollution prevention progrClrns, create
<br />ecosystem and community based strategies, and reduce
<br />administrative burdens and costs by greatly decreasing
<br />the number of grant applications, budgets, workplans
<br />and reports. States and tribes may now apply for FY96
<br />grants.
<br />
<br />WATER QUALITY
<br />Safe Drinking Water Act
<br />
<br />The Senate held one hearing on S.1316to amend the
<br />Safe Drinking Water Act last week and sent it to mark up
<br />this week, only two weeks after it was introduced (WSW
<br />#1118). Environment and Public Works Committee
<br />Chairman John Chafee (R-RI) has promised that the bill
<br />will give states an opportunity to resolve major problems
<br />"through cooperation and incentives, rather than by
<br />commands and controls from Washington." Testimony
<br />in favor of the bill came from the National League of
<br />Cities, the Association of Metropolitan Water Agencies,
<br />the American Water Works Association, and the National
<br />Rural Water Association, among others.
<br />
<br />Notably, the bill also garnered support from EPA
<br />Administrator Carol Browner, who testified that it creates
<br />an "acceptable framework" for rewriting the Act. She
<br />pr:aised itsa,uthorizalion of a state revolving ioan fund, its
<br />streamlined enforcement provisions, and its exemptions
<br />for small systems. She also endorsed its standard
<br />setting "framework as a "reasonable, pragmatic
<br />expansion of the use of cost-bl!nefit analysis" that would
<br />allow the EPA "to focus in the future on the most
<br />important risks to health without weakening health
<br />protection." She also agreed with its repeal of the
<br />r,equirementthat EPA must regulate 25 contaminants
<br />every three years. However, she criticized the bill's
<br />"sweeping science standard for carrying out all aspects"
<br />of the Act as unworkable in emergency situations and its
<br />interjecting the courts inappropriately "into every aspect
<br />of scientific decision making in the drinking water
<br />program." Similar concerns were echoed by Senator
<br />Barbara Boxer (D-CA), who proposed amending the bill
<br />
<br />
<br />arkup to help EPA respond more quickly to
<br />e ergencies, and to strengthen the bill's public
<br />otifications process.
<br />
<br />WATER RIGHTS
<br />State Water Rights/Federal Reserved Water Rights
<br />
<br />Proponents of federalism principles and state water
<br />governance have found a Congressional champion In
<br />Rep. Mike Crapo (R-ID), who Is introducing the "State
<br />Water Sovereigny Protection Act." The bill would subject
<br />the United States to state law with respect to all water
<br />, rights sought or exercised by the federal government. It
<br />would expressly waive all sovereign immunity for the
<br />United States in any and all proceedings involving water
<br />rights, and also subject the United States to the
<br />imposition of costs and fees associated with such
<br />administrative or judicial proceedings. The bill would
<br />also overturn the doctrine of implied federal reserved
<br />water rights, except that Indian tribal rights and claims
<br />would not be affected. The bill is expected to be
<br />introduced next Monday.
<br />
<br />ESTERN GOVERNORS
<br />Federalism Summit
<br />
<br />This week representatives from 44 states convened
<br />in Cincinnati, Ohio to develop a proposal intended to
<br />assert states' co-equal status with the federal
<br />government. The effort was spearheaded by Utah
<br />Governor Mike Leavitt, whose address to the assembly
<br />noted: "States are offering dynamic leadership, fiscal
<br />responsibility and innovative policy solutions in every
<br />level of government." Chief Justice Michael
<br />Zimmermann of the Utah Supreme Court, in attendance
<br />representing the National Conference of Chief Justices,
<br />stated, "We have a lot of the same issues with the
<br />federal government telling us what to do in state courts.
<br />I hope this [summit] succeeds." The delegates agreed
<br />to four core principles. One is a recall mechanism to
<br />require Congress to reconsider any law or regulation that
<br />encroaches on state authority. A second would allow
<br />states (through statutes or constitutional amendments)
<br />to rein in federal mandates. A third would require
<br />Congress to identify the constitutional sources of its
<br />power. ,A fourth would allow states to ,bypass
<br />"unworkable" constitutional conventions by initiating
<br />amendments themselves.
<br />
<br />PUBLICATIONS
<br />
<br />The Confederated Tribes of the Chehalis
<br />Reservation in the State of Washington have released
<br />"National Indian Water Rights: An Analysis of Negotiated
<br />and Litigated Settlements." For, information on the
<br />publication and diskette call Jon Hare or C.S. Sodhi,
<br />National Indian Water Rights Project.. (360) 273-5911;
<br />FAX 273-7558.
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<br />The WESTERN STATES WATER COUNCIL Is an organization of representatives appointed by the Governors
<br />of member states. Arizona, California, Colorado"Hawaii, Idaho, Nevada, New Mexico, North DlIkota, Oregon,
<br />South Dakota, Texas, Utah, and Wyoming. and associate member states Alaska, Montana and Washington.
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