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2002 Federal Legislative Update

Sarah Elizabeth Gardner, J.D.

The following is a summary of federal legislation related to coastal, fisheries, water, and natural resources enacted during the second session of the 107th Congress.

107 Public Law 142 - Pacific Northwest Feasibility Studies Act of 2002 (H.R. 1937)
Authorizes the Secretary of the Interior to engage in feasibility studies of water resource projects in the State of Washington to determine domestic and commercial water supply and distribution needs in the following regions: The Tulalip Tribes Water Quality Feasibility Study; The Lower Elwha Klallam Rural Water Supply Feasibility Study; and The Makah Community Water Source Project Feasibility Study.

107 Public Law 171 - Farm Security and Rural Investment Act of 2002 (H.R. 2646)
Provides for the continuation of agricultural programs through fiscal year 2007, specifically reauthorizing the Wetlands Reserve Program. It amends the Food Security Act of 1985 in relation to the Wetlands Reserve Program by setting the maximum number of total acres enrolled in the wetlands reserve program at 2,275,000 acres. The Act also establishes an Environmental Quality Incentives Program to promote agricultural production and environmental quality as compatible goals and to optimize environmental benefits.

107 Public Law 239 - Adak Island Land Rights Agreement Bill (S. 1325)
Ratifies an agreement between The Aleut Corporation and the U.S. to exchange land rights received under the Alaska Native Claims Settlement Act for certain land interests on Adak Island. The removal of a portion of the Adak Island land from refuge status will be offset by the acquisition of high quality wildlife habitat in other Aleut Corporation selections within the Alaska Maritime National Wildlife Refuge.

107 Public Law 253 - Inland Flood Forecasting and Warning System Act of 2002 (H.R. 2486)
Authorizes NOAA, through the U.S. Weather Research Program, to conduct research and development, training, and outreach activities relating to inland flood forecasting improvement, including inland flooding influenced by coastal and ocean storms. It authorizes $1,250,000 for each of the fiscal years 2003 through 2005, of which $100,000 shall be available each year for competitive merit-reviewed grants to institutions of higher education and $1,150,000 for each of the fiscal years 2006 and 2007, of which $250,000 shall be made available each year for competitive merit-reviewed grants to institutions of higher education each year.

107 Public Law 295 - Maritime Transportation Security Act of 2002 (S. 1214)
Amends the Merchant Marine Act of 1936, to establish a program to ensure greater security for U.S. seaports. The Secretary of Homeland Security shall assess the effectiveness of the antiterrorism measures maintained at: a foreign port, served by vessels documented under chapter 121 of this title; or from which foreign vessels depart on a voyage to the U.S.; and any other foreign port the Secretary believes poses a security risk to international maritime commerce. The Act authorizes the dispatch of properly trained and qualified armed Coast Guard personnel as “sea marshals” on vessels and public or commercial structures on or adjacent to waters subject to U.S. jurisdiction. The Deepwater Port Act of 1974 (DWPA) is amended by inserting “or natural gas” after “oil” each place it appears and by designating a deepwater port as a “new source” for purposes of the Clean Air Act. The DWPA is also amended to remove the FERC’s jurisdiction for the “licensing, siting, construction, and operation of a deepwater natural gas port.” The Coast Guard and MARAD now have exclusive jurisdiction.

107 Public Law 296 - Homeland Security Act of 2002 (H.R. 5005)
Establishes the Department of Homeland Security and a Secretary of Homeland Security to protect the U.S. from terrorists attacks and activities. The Act transfers, to the Department of Homeland Security, all of the authorities, functions, personnel, and assets of the Coast Guard, including the related authorities and functions of the Secretary of Transportation, all of which shall be maintained as a distinct entity within the Department. It provides that living marine resources (fisheries law enforcement) and marine environmental protection are non-homeland security missions under the act and are preserved for the Coast Guard. The functions of the Secretary of Agriculture, relating to agricultural import and entry inspection activities under the penalties and enforcement section of the Endangered Species Act, are also transferred to the Secretary of Homeland Security.

107 Public Law 299 - National Sea Grant College Program Act Amendments of 2002 (H.R. 3389)
Reauthorizes the National Sea Grant College Program Act. It provides for the Secretary, along with all Sea Grant colleges and institutions, to develop a strategic plan setting program priorities which also includes evaluations and ratings of the programs at least every 4 years. The review panel members’ terms are extended to 4 years for anyone appointed or repointed after the date of enactment of the amendments or to 3 years for those appointed or repointed before. The amendments ensure equal access to the fellowship program for minority and economically disadvantaged students and also reauthorize appropriations for the college programs.

107 Public Law 303 - Great Lakes Legacy Act of 2002 (H.R. 1070)
Amends the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to carry out projects and conduct research for remediation of sediment contamination in areas of concern in the Great Lakes.

107 Public Law 308 - North American Wetlands Conservation Reauthorization Act (H.R. 3908)
Amends the North American Wetlands Conservation Act by replacing “other habitats” with “associated habits” and by extending the “other habitats” for migratory birds to include both “associated habitats” and “habitats associated with wetland ecosystems.” The Act also addresses cost sharing and allocation of money received from both Federal and non-Federal sources and the relative percentages required. It also extends appropriations for the Chesapeake Bay Initiative Act of 1998 from 2000 to 2008.

107 Public Law 349 - Klamath Basin Emergency Operation and Maintenance Refund Act of 2002 (H.R. 2828)
Authorizes the Secretary of the Interior to make payments to qualified Klamath Project water distribution entities equal to the amount charged or assessed in 2001 for the operation and maintenance of certain Klamath Project works. The Act also authorizes the refund of monies collected by the Bureau of Reclamation for reserved works in 2001.

107 Public Law 355 - Pipeline Safety Improvement Act of 2002 (H.R. 3609)
Amends Title 49 of the United States Code to improve the safety and security of the Nation's oil and natural gas pipelines by requiring operators to conduct risk assessments and carry out education programs on the use of one-call notification systems, providing grants for technical assistance to local communities relating to pipeline safety, requiring participating agencies to carry out a program of research and development to ensure the integrity of pipeline facilities, and creating an interagency committee to develop and implement a coordinated environmental review and permitting process.

107 Public Law 372 - Fisheries Conservation Act of 2002 (H.R. 4883)
Amends the Interjurisdictional Fisheries Act of 1986 by authorizing appropriations to the Department of Commerce for 2003 through 2006 for carrying out the Act. The Interjurisdictional Fisheries Act and the Anadromous Fish Conservation Act are amended by adding to the purposes of the Acts the promotion and encouragement of research for the implementation of the use of ecosystems and interspecies approaches to the conservation and management of fishery resources throughout their range. The Anadromous Fish Conservation Act and the Atlantic Tunas Convention Act of 1975 are amended by appropriating money for the years 2003 through 2006. The Northwest Atlantic Fisheries Convention Act of 1995 is amended by extending the appropriating of $500,000 for each fiscal year through fiscal year 2006. The Oceans Act of 2000 is amended by dissolving the Commission 90 days after it summits its final report instead of 30 days after and decreasing the amount of time the President has to issue a statement based on the Commission’s report from 120 days to 90 days and by increasing the appropriations for carrying out the reporting requirement in the Act from $6,000,000 to $8,500,000.

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