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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. <br /> <br /> <br />. <br /> <br /> <br />. <br /> <br />. <br /> <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. <br />