Water Log 19.4
1999
Federal Legislative Update
Kristen
M. Fletcher, J.D., LL.M.
The
following is a summary of legislation affecting coastal, natural and
water resources enacted by the United States legislature during the
1999 session.
106
Public Law 31 - 1999 Emergency Supplemental Appropriations Act (H.R.
1141)
Provides the following:
. Funds are available for the Conservation
Reserve Program and Wetlands Reserve Program and for states that have
been materially affected by the commercial fishery failures;
. Funds may not be used to issue or renew
a fishing permit or authorization for any fishing vessel greater than
165 feet, of more than 750 gross tons, or that has engine capability
of producing more than 3,000 shaft horsepower to engage in fishing for
Atlantic mackerel or herring unless the fishery management council and
Secretary of Commerce approve such fishing;
. The limitation on registered length contained
in 46 U.S. Code section 12102 (for documentation purposes) shall not
apply to a vessel used solely in any menhaden fishery which is located
in the Gulf of Mexico or along the Atlantic coast south of the area
under the authority of the New England Fishery Management Council; and
. Amendments to the Department of the Interior
and Related Agencies Appropriations Act of 1999 extend the date by which
individuals must establish that they have engaged in commercial fishing
for Dungeness crab in Glacier Bay National Park in order to receive
compensation from the U.S. and to authorize funds to compensate U.S.
fish processors, crew members, communities, and others negatively affected
by fishing restrictions in the Park.
106
Public Law 53 - Water Resources Development Act of 1999 (S.B. 507)
Authorizes the United States Army Corps of Engineers
to construct various projects for improvements to rivers and harbors
including the following:
. (§ 106) a project for aquatic ecosystem
restoration and reef restoration along the Gulf coast of Mississippi;
. (§ 213) a review of the shore management
program "with particular attention to inconsistencies in implementation
among the divisions and districts of the Corps of Engineers";
. (§ 215) the establishment of a National
Coastal Data Bank within 2 years to log data on the geophysical and
climatological characteristics of the shores of the U.S. to include
data regarding current and predicted shore positions, information on
federally authorized shore protection projects, and data on the movement
of sand along the shores of the United States, including impediments
to such movement caused by natural and manmade features;
. (§ 301) the completion of the Tennessee-Tombigbee
Waterway Wildlife Mitigation Project in Alabama and Mississippi;
. (§ 331) environmental infrastructure,
Jackson County, Mississippi;
. (§ 369) a project for navigation
on the Black Warrior and Tombigbee Rivers, to acquire land for mitigation
of the habitat losses attributable to the project, including the navigation
channel, dredged material disposal areas, and other areas directly affected
by construction of the project;
. (§ 421) a study to determine the
feasibility of using dredged material from maintenance activities at
Federal navigation projects in coastal Louisiana to benefit coastal
areas in the State;
. (§ 429) a study to determine an alternative
plan for dredged material management for the Pascagoula River portion
of the project for navigation at the Pascagoula Harbor;
. (§ 459) a plan to address water resource
and related land resource problems and opportunities in the upper Mississippi
and Illinois River basins, from Cairo, Illinois, to the headwaters of
the Mississippi River, in the interest of systemic flood
damage reduction including flood control and floodplain management strategies;
maintenance of the navigation project; management of bank caving and
erosion; watershed nutrient and sediment management; habitat management;
and recreation needs;
. (§ 515) technical planning and design
assistance to non-Federal interests and other site-specific studies
to formulate and evaluate fish screens, fish passages devices, and other
measures to decrease the incidence of juvenile and adult fish inadvertently
entering irrigation systems and for a report due not later than 2 years
after the date of enactment of this Act regarding fish mortality caused
by irrigation water intake devices; appropriate measures to reduce fish
mortality; the extent to which those measures are currently being employed
in arid States; the construction costs associated with those measures;
and the appropriate Federal role, if any, to encourage the use of those
measures;
. (§ 558) funds for the Mississippi
River Commission; and
. (§ 559) the development of a management
strategy to address problems with toxic microorganisms and the degradation
of ecosystems in U.S. tidal and nontidal wetlands and waters.
106
Public Law 60 - Energy and Water Development Appropriations Act, 2000
(H.R. 2605)
Appropriates funds for energy and water development
including harbors, flood control, beach erosion and the implementation
of an administrative appeals process for the Corps of Engineers Regulatory
Program. It also provides funds for the preparation of studies and analyses
of the impacts on Regulatory Branch workload and on the cost of compliance
by the regulated community of proposed replacement permits for the nationwide
permit 26 program.
106
Public Law 78 - Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2000 (H.R. 1906)
. Provides funds up to $1,000,000 to carry
out the purposes of the Endangered Species Act including efforts to
relocate endangered or threatened species to other suitable habitats
and making Emergency Watershed Protection funds available for Mississippi,
New Mexico, Ohio, and Wisconsin for financial and technical assistance
for pilot reha-bilitation projects of small, upstream dams; and
. Provides funds for emergency disaster
assistance for the Northeast commercial fishery failure under the Interjurisdictional
Fisheries Act of 1986 to support research and management activities
administered by the National Marine Fisheries Service and the New England
Fishery Management Council.
106
Public Law 108 - Arctic Tundra Habitat Emergency Conservation Act (H.R.
2454)
Directs the Secretary of the Interior to implement
rules to reduce the overabundant population of mid-continent light geese
to ensure the biological diversity of the ecosystem which North American
migratory birds depend.
106
Public Law 113 - District of Columbia Appropriations Act, 2000 (H.R.
3194)
. National Park Service Studies Act of 1999
(§ 326)
Calls for studies of the geographical
areas and historic and cultural themes of specific areas including coastal
areas in California, Puerto Rico, and the Carolinas; and
. Mississippi National Forest Improvement
Act of 1999 (§ 401)
Authorizes improvements and acquisitions
of lands for national forests in the State of Mississippi.
106
Public Law 116 - Coastal Barrier Resources System Map (S. 1398)
Clarifies certain boundaries relating to the Coastal
Barriers Resources System, off the coast of North Carolina.
106
Public Law 156 - Designation of Dugger National Wilderness (H.R. 2632)
Designates certain federal lands in the Talladega
National Forest in the State of Alabama (approximately 9,200 acres)
as the Dugger Mountain Wilderness and a component of the National Wilderness
Preservation System.
106
Public Law 167 - John H. Chafee Coastal Barrier Resources System Act
(S. 1866)
Recognizes Senator John H. Chafee as a leading
voice for the protection of the environment and the conservation of
the natural resources of the nation and redesignates the Coastal Barrier
Resources System as the "John J. Chafee Coastal Barrier Resources System".
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