Congressional Schedule The House and Senate are in session this week. Tuesday, March 24th House Committee on Appropriations • Subcommittee on Interior, Environment, and Related Agencies Public and Outside Witness hearing. • Subcommittee on Energy and Water Development, and Related Agencies budget hearing: Nuclear Regulatory Commission. House Committee on Natural Resources • Oversight hearing: "Examining the Spending Priorities and Missions of the Forest Service and the Bureau of Land Management in the President's FY 2016 Budget Proposals." • Oversight hearing: "Examining the Spending Priorities and Missions of the Bureau of Reclamation, the Power Marketing Administrations and USGS Water Division in the President’s FY 2016 Budget Proposal.” • Oversight hearing: "Examining the Spending Priorities and Mission of the U.S. Geological Survey in the President’s FY 2016 Budget Proposal.” House Committee on Energy and Commerce • Subcommittee on the Environment and the Economy hearing on the Improving Coal Combustion Residuals Regulation Act of 2015 (Day 2). House Committee on Agriculture • Subcommittee on Commodity Exchanges, Energy, and Credit hearing: Reauthorizing CFTC: EndUser Views. Senate Committee on Commerce, Science, and Transportation • Subcommittee on Surface Transportation and Merchant Marine Infrastructure hearing: Surface Transportation Reauthorization: Performance, not Prescription. Senate Committee on Energy and Natural Resources • Full Committee hearing: Improving Forest Health & Socioeconomic Opportunities on the Nation’s Forest System. Senate Committee on Agriculture, Nutrition, and Forestry • Oversight hearing: Waters of the United States: Stakeholder Perspectives on the Impacts of EPA’s Proposed Rule. Wednesday, March 18th House Committee on Appropriations • Subcommittee on Interior, Environment, and Related Agencies Public and Outside Witness hearing. • Subcommittee on Transportation, Housing and Urban Development, and Related Agencies budget hearing: Federal Railroad Administration, Pipeline and Hazardous Materials Safety Administration, and Federal Motor Carrier Safety Administration. House Committee on Agriculture • Subcommittee on Commodity Exchanges, Energy, and Credit business meeting: Reauthorizing the CFTC: Market Participant Views. • Subcommittee on Livestock and Foreign Agriculture hearing: To examine the implications of potential retaliatory measures taken against the United States in response to meat labeling requirements. Senate Committee on Appropriations • Subcommittee on Energy and Water Development budget hearing: Department of Energy Thursday, March 19th House Committee on Agriculture • Subcommittee on General Farm Commodities and Risk Management hearing: Implementing the Agricultural Act of 2014: Commodity Policy and Crop Insurance. House Committee on Natural Resources • Oversight hearing: "Effect of the President’s FY 2016 Budget and Legislative Proposals for the Bureau of Land Management and the U.S. Forest Service’s Energy and Minerals Programs on Private Sector Job Creation, Domestic Energy and Minerals Production and Deficit Reduction.” House Committee on Energy and Commerce • Subcommittee on Energy and Power hearing on H.R. 906, to Modify the Efficiency Standards for Grid-Enabled Water Heaters. Senate Energy and Natural Resources • Full Committee hearing to examine the Administration's Quadrennial Energy Review. News: House and Senate Budget Resolutions Released The FY 2016 Budget Resolution is the big item on the House and Senate floors this week. Last week, Senate Budget Committee Chairman Mike Enzi (R-WY) released a budget plan for Fiscal Year 2016 and beyond that would bring the federal budget back into balance by 2025. The Senate Budget Committee will now take up the resolution. A budget resolution is not binding, but if approved by Congress would set the broad parameters for tax and spending legislation for the remainder of the year. The Senate plan assumes that expiring tax provisions will be allowed to expire (or be offset), provides no tax increases, and federal spending will be cut by $5.1 trillion over the next 10 years. Also last week, House Budget Committee Chairman Tom Price (R-GA) unveiled the House budget proposal, similar to the Senate plan. The House proposal calls for cutting $759 billion in non-defense discretionary spending over the next decade, but the Senate’s calls for cutting only $250 billion from the same accounts. However, neither proposal calls for non-defense discretionary cuts in FY 2016. As a result, if other differences are resolved and a final budget resolution is approved by the House and Senate, a fight over federal funding levels for the upcoming fiscal year might be avoided. The Congressional Budget Act of 1974 requires the House and Senate to approve their budget blueprints by April 15 of each year (which theoretically, would then set the individual allocations for the 12 appropriations bills). Although they have often got as far as approving Budget Resolutions in each of their respective bodies, the House and Senate have not been able to agree on a final Budget Resolution since 2009. Comment Period on New Floodplain Management Standard Extended Last week, the Federal Emergency Management Agency (FEMA) announced a 30-day extension of the public comment period on the agency’s draft “Guidelines for Implementing the Federal Flood Risk Management Standard”. The proposed guidelines target the implementation of President Obama’s Executive Order (EO) 13690, which establishes a new flood risk management standard for federal agencies to reduce risk of federal investments in the floodplain. Public comments on FEMA’s proposed guidelines are now due by May 6, 2015. To help advise and guide stakeholders in the development of their comments, FEMA continues to hold listening sessions throughout the country and recently scheduled three additional sessions including a webinar on Wednesday, March 25. Click here for more information about EO 13690, FEMA’s proposed guidelines, the listening sessions, and the public comment process. WOTUS Rule to Move to OMB Soon – EPA Administrator McCarthy Environmental Protection Agency (EPA) Administrator Gina McCarthy told the National Farmers Union last week that her agency is preparing for the final step of sending the proposed final “waters of the U.S.” (WOTUS) rule to the White House Office of Management and Budget (OMB) before the rule is finalized. McCarthy said the EPA is working to better define tributaries, ditches and other waters that would be covered by the rule and agricultural field features that aren't. The timing is consistent with the EPA’s goal of finalizing the WOTUS rule sometime this spring. Senate Ag Committee Oversight Hearing This Week on WOTUS On Tuesday, the Senate Agriculture Committee will hear testimony about the controversial WOTUS proposal. According to the Committee, the hearing will feature testimony from several groups of stakeholders, including state and local officials responsible for the administration and enforcement of the proposed Clean Water Act changes and key agricultural industry representatives that will be impacted by the new regulation. The following witnesses will present testimony: Panel I The Honorable Leslie Rutledge, Attorney General, State of Arkansas, Little Rock, AR Dr. Donald van der Vaart, Secretary, North Carolina Department of Environment and Natural Resources, Raleigh, NC Mrs. Susan Metzger, Assistant Secretary, Kansas Department of Agriculture, Manhattan, KS Mr. Josh Baldi, Regional Director, Washington State Department of Ecology, Bellevue, WA Panel II The Honorable Lynn M. Padgett, Commissioner, Ouray County, Montrose, CO Mr. Furman Brodie, Vice President, Charles Ingram Lumber Company, Effingham, SC Mr. Jason Kinley, Director, Gem County Mosquito Abatement District, Emmett, ID Mr. Robert “Mac” N. McLennan, President & CEO, Minnkota Power Cooperative, Inc., Grand Forks, ND Mr. Jeff Metz, Owner & Operator, Metz Land and Cattle Co., Bayard, NE Mr. Kent Peppler, President, Rocky Mountain Farmers Union, Denver, CO House Subcommittee Members Propose Extension of WOTUS Process – EPA Declines In oversight hearings last week, moderate and conservative members of the House Agriculture Subcommittee on Conservation and Forestry on both sides of the aisle asked EPA, barring a complete withdrawal of the WOTUS rule, to re-propose the rule for additional public comments, since the agency has received almost one million comments on the controversial proposed rule and EPA has said it was making significant changes to the earlier draft rule. Also last week, the House Transportation and Infrastructure (T&I) Water Resources and Environment Subcommittee held a similar oversight hearing, with GOP members calling for EPA to allow for additional comment on the expected much revised proposal. But the EPA witness at the oversight hearing, Ken Kopocis, the agency's de facto Assistant Administrator for Water, stated that it was important for EPA to finalize the rule as soon as possible in order to provide much needed clarity over which waters are jurisdictional under the Clean Water Act (CWA). Meanwhile, top GOP leaders on the House T&I Committee are currently drafting legislation aimed at forcing the U.S. Army Corps of Engineers (Corps) and the EPA to withdraw the proposed rule and to work with state and local governments and all affected stakeholders to re-draw a rule that would garner more support. The plan is to move a bill sometime in mid-April of this year and to work with the Senate on companion legislation. The Senate, however, will have a tougher time passing such legislation as they will need to meet the 60-vote threshold to move a bill without a filibuster. House Passes Science Advisory Reform Bill Last week, the House passed H.R. 1029, the "Science Advisory Board Reform Act of 2015", on a mostly party line vote of 236-181. The legislation would reform how the scientific panel that advises the EPA in environmental rulemakings will operate in the future. The bill would add new peer-review requirements on the EPA Science Advisory Board (SAB), ensure that state and local officials be represented on that panel, and add other transparency and conflict of interest requirements to SAB operations. The House also passed H.R. 1030, the "Secret Science Reform Act of 2015" last week. The bill would prohibit EPA from finalizing rules that are based on science that isn't "transparent or reproducible." It would also require EPA to make all the studies and data that go into its rulemakings publicly available. House Ag Committee Approves Pesticide CWA Double Permitting Bill The House Agriculture Committee last week approved H.R. 897, “The Reducing Regulatory Burdens Act”, which would eliminate the need for a federal Clean Water Act (CWA) permit to apply pesticides in and around “waters of the U.S.” that already have been registered and regulated by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Proponents of the measure say that these permits are redundant federal requirements that are difficult and expensive to comply with under the CWA and FIFRA. According to the bill’s author, Rep. Bob Gibbs (R-OH), “H.R. 897 will insure that duplicative and harmful regulations will not stand in the way of effectively protecting our nation’s agriculture production, natural resources, and public health.” The legislation was passed by the House in the 113th Congress as H.R. 935, and it passed the House in the 112th Congress as H.R. 872. The Senate did not take up and pass either bill. The bill has also been referred to the House Transportation and Infrastructure (T&I) Water Resources and Environment Subcommittee, the panel chaired by Rep. Gibbs. House Water, Power and Oceans Subcommittee Oversight Hearing This Week on FY16 Reclamation/USGS/PMA Budgets The House Natural Resources Water, Power and Oceans Subcommittee will hold an oversight hearing this Tuesday on Bureau of Reclamation and U.S. Geological Survey (USGS) FY 2016 budget requests for water programs and the power marketing administrations (PMAs) that market hydropower produced by federal dams. Western drought response from Reclamation, how Reclamation is implementing the federal Endangered Species Act (ESA) during the drought, and USGS climate science are topics expected to be high on the list of questions from the subcommittee. Bureau of Reclamation Commissioner Estevan Lopez and Bill Werkheiser, Associate Director for Water at the USGS are scheduled to testify, along with the four PMA Administrators.
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