Monthly Review: June 2003This monthly review goes out to the leadership of AGI's member societies, members of the AGI Government Affairs Advisory Committee, and other interested geoscientists as part of a continuing effort to improve communications between GAP and the geoscience community that it serves. Appropriations Season Now Open
The fiscal year (FY) 2004 appropriations bills have begun to emerge,
providing the first concrete sense of funding levels for federal agencies
in the coming year. In the middle of June, the House and Senate Appropriations
committee released their recommendations for the general spending
levels for the 13 appropriations bills -- the so-called 302(b) allocations.
The House supports $785.6 billion for total discretionary spending
and the Senate supports $784.7 million for total discretionary spending.
Both levels are less than the $787.1 billion that was requested in
the president's budget. In the past two weeks, the House Appropriations
Committee passed seven bills, including on June 25th the yet-unnumbered
Interior and Related Agencies bill that funds the U.S. Geological
Survey (USGS) and the Department of Energy's Office of Fossil Energy.
Until the bill's report is posted, details are scarce, but USGS fared
reasonably well. The committee provided $935.7 million, up $40.2 million
over the president's request and $16.4 million above FY 2003 actual.
The Senate should be marking up its version shortly after Congress
returns from the Fourth of July recess. More information will be posted
at www.agiweb.org/gap/legis108/appropsfy2004.html. As reported in a June 11th action alert, House Science Subcommittee
on Research Chairman Nick Smith (R-MI) and Rep. Zoe Lofgren (D-CA)
asked their colleagues to co-sign a letter of support for the Advanced
National Seismic System (ANSS). The letter, with 19 signatures, was
sent to the House Appropriations subcommittee that funds the U.S.
Geological Survey, where ANSS is located, on June 16th. The letter
requested that the committee consider a funding level of at least
$10 million for ANSS, which is authorized at $35 million annually.
For fiscal year 2004, the Bush Administration requested a 50 percent
cut to $2 million. A copy of the Dear Colleague can be found in the
AGI alert sent on this issue. The House Appropriations Committee subsequently
approved a bill that would restore funding to the FY 2003 level of
$3.9 million. The alert is at www.agiweb.org/gap/legis108/anssletter_alert0603.html. On June 26th, Smith and Rep. Brian Baird (D-WA) introduced H.R. 2608,
legislation to reauthorize the National Earthquake Hazards Reduction
Program (NEHRP) for the next five years. Probably the most significant
change in this draft bill from previous authorizations is the removal
of the Federal Emergency Management Agency (FEMA; now part of the
Department of Homeland Security) as lead agency to be replaced by
the National Institute of Standards and Technology (NIST), which would
chair an Interagency Coordinating Committee on Earthquake Hazard Reduction.
The bill authorizes funds for the program, including $36 million per
year for the USGS's Advanced National Seismic System (ANSS) initiative.
The bill also would establish an Advisory Committee for NEHRP that
would include non-federal members. The bill emphasizes the need for
better reporting and accountability for the program, including not
only a strategic plan requirement but also regular assessments by
the advisory committee on the program's effectiveness. Smith has pledged
to work with the earthquake research community to revise the bill
in preparation for a committee vote in late July. More at www.agiweb.org/gap/legis108/nehrp.html. On June 25th, the Senate Energy and Natural Resources Committee passed
S. 546, the Paleontological Resources Preservation Act, without controversy.
The bill was introduced by Sen. Daniel Akaka (D-HI) in March, and
sets forth a national policy on the permitting, management, and usage
of paleontological resources found on federal lands. A joint hearing
was held by the House Resources Subcommittees on Fisheries and Forests
on June 19th regarding Rep. James McGovern’s (D-MA) similar bill
(H.R. 2416). Both H.R. 2416 and S. 546 increase criminal penalties
for theft or vandalism of paleontological resources on federal lands
in an effort to curb the sale of stolen fossils on the black market.
Both bills also exempt casual collectors from permitting requirements,
as long as their collecting is restricted to invertebrate and plant
fossils, but the collection of vertebrate fossils will require permits.
Additional information is available at www.agiweb.org/gap/legis108/fossils.html. During June, the House took aim at trying to mitigate the volatility in the natural gas market. On June 10th, the House Committee on Energy and Commerce heard testimony about the many different approaches the US could take to alleviate market volatility: increase the amount of pipelines to transport the gas to the needed market areas, lift the moratorium from federal lands to increase drilling production, reduce demand as well as explore clean coal technology, liquefied natural gas (LNG), methane hydrate, and tight-sand gas. The most surprising comment was made by Federal Reserve Board Chairman Alan Greenspan who stated that the US needs to increase LNG imports. Greenspan’s presence at the hearing reflected the impact of natural gas prices on the economy. In response to Greenspan’s comments, the House Resources Subcommittee on Energy and Mineral Resources held a June 19th hearing to debate expanding domestic gas production or increasing LNG imports. Proponents for increasing domestic drilling said that the US needs to lift some of the restrictions on federal land leasing because they contain a great amount of gas resources. On the LNG front, the witnesses were split on what effects it would have on the market. Some felt LNG would not be a good investment because large capital costs mean that it is only profitable when gas prices are high, and it would increase the US’s foreign energy dependence. Other witnesses testified that LNG could be profitable at moderate gas prices.
On June 24th, the subcommittee held a second hearing to discuss two
recent studies -- the Department of the Interior's Energy Policy and
Conservation Act-mandated inventory and a RAND economic assessment
of the Green River Basin -- that evaluated the amount of oil and gas
resources available on federal lands in the west. Both studies show
that the majority of the resources on federal lands are available
for leasing, but some of the witnesses testified that the leasing
process is very problematic and slow. Assistant Secretary of the Interior
for Land and Minerals Management Rebecca Watson testified that the
process is very complex, and litigation has played a major role in
delaying the process. Watson also said that administratively DOI is
addressing the problem and trying to increase their efficiency. More
at www.agiweb.org/gap/legis108/energy_hearings.html. On June 4th, the Senate Judiciary Committee held a hearing to examine
S. 1125, the Fairness in Asbestos Injury Resolution bill introduced
by committee chairman Orrin Hatch (R-UT). S. 1125 aims to "create
a privately funded, publicly administered fund to provide the necessary
resources for an asbestos injury claims resolution program."
The bill initially established a United States Court of Asbestos Claims
to deal exclusively with asbestos litigation separate from the judicial
system, but this provision was later removed in the bill’s June
24 mark-up. Another highly contentious provision of the bill would
have deducted money already received by the claimant through collateral
sources such as Medicaid and insurance from the award granted by the
court, but an amendment agreed to by Hatch and ranking member Sen.
Patrick Leahy (D-VT) negated most collateral source deductions. Amendments
made to the bill on June 24th also adjust award values for inflation,
double the statue of limitations, eliminate the 1982 exposure cutoff
date, and ask the Institute of Medicine to investigate the link between
asbestos exposure and cancer. Hatch and Leahy also agreed to "a
responsible ban of asbestos related products" currently in use.
On June 26th the committee adopted amendments that increased the fund
to $108 billion and added provisions for a contingency plan in case
the fund amount is insufficient. Hatch postponed a vote on the bill
until July 10th in hopes of attaining bipartisan support. Additional
hearing information is available at www.agiweb.org/gap/legis108/asbestos_hearings.html. On June 27th, Rep. Martin Sabo (D-MN) introduced legislation (H.R. 2613) that would remove copyright protection for any research that is "substantially funded" by the federal government. The bill would expand an exemption that currently applies only to government employees. According to the American Institute of Biological Sciences, "Sabo's bill is part of a campaign by the Public Library of Science (PLoS), a non-profit organization of scientists and physicians, to make the world's scientific and medical literature a public resource." PLoS is concerned that full access to the latest research is only available to a "privileged elite at large universities and research institutions who can afford the often exorbitant subscription fees." The PLoS group has obtained $9 million in private foundation funding to launch an electronic journal, PLoS Biology, in October. As reported by AIBS, it "will compete with prominent publications such as Science, Nature, and Cell to publish the most significant works of biomedical research. Unlike these established journals, all works published by PLoS Biology will be immediately and freely available." Former National Institutes of Health Director Harold Varmus is a leading proponent of the effort along with such luminaries as James Watson and E.O. Wilson. Although the current attention is on biomedical literature, the
bill would impact other disciplines as well. And whereas the focus
is on prohibitively high subscription rates charged by commercial
publishers, journals also represent a significant revenue source for
scientific and engineering societies. As a result, this legislation
has been greeted with considerable concern by many societies. More
on PLoS and the press conference at www.plos.org/news/announce_wings.html. The U.S. Environmental Protection Agency's (EPA) Science Advisory
Board (SAB) announced on June 26th that it is requesting nominations
for a new panel intended to advise changes to the agency's "Report
on the Environment," released June 23rd. The report, part of
Whitman's Environmental Indicators Initiative, draws on a large volume
of available data in an effort to characterize the current state of
the environment and provide a "baseline" with which to measure
progress. Findings were generally positive, particularly in air quality
issues, although much of the response so far has focused on the omission
of a quantitative statement on climate change. The Bush Administration
was criticized for side-stepping the issue after the White House Office
of Management and Budget pared down a draft section that described
the risks of climate change. The proposed review panel will be asked
to evaluate the overall scope and value to public health of the report,
the completeness and relevancy of the data used, and the aptness of
the stated conclusions. The first stage of the review is planned to
take place in Washington, D.C., in September, 2003. The EPA requests
that individuals nominated for the review panel be highly regarded,
national-level experts in one or more relevant disciplines. Nominations
may be submitted electronically before July 8, 2003, at www.epa.gov/sab/sab_panel_form.htm,
and the report is available at www.epa.gov/indicators/. National Science Foundation Director Rita Colwell released the agency's
latest draft strategic plan on June 6th and is now seeking comments
from the public. Under the Government Performance and Results Act
of 1993 (commonly referred to as GPRA), federal agencies are required
to update their strategic plans ever three years. The NSF draft plan
outlines broad goals and interdisciplinary initiatives, such as Biocomplexity
in the Environment, Nanoscale Science and Engineering, Information
Technology Research, and Workforce for the 21st Century to name a
few. One goal discussed in the plan is to strengthen the core discipline-based
directorates by increasing the duration and size of grants. Public
comments on the draft strategic plan can be submitted via email at
stratplan@nsf.gov by July15th.
Additional information and a link to the draft plan are available
at www.nsf.gov/od/stratplan_03-08/draft-stratplan.htm. Federal authority to regulate the nation's waters faced several challenges
in June. Although a federal appeals court reaffirmed Clean Water Act
(CWA) jurisdiction over isolated wetlands, other lawsuits were filed
asserting that the EPA's interpretation of "navigable" waters
under its regulatory authority is overly broad, and claiming that
tributaries of navigable waters should not be protected by CWA provisions.
A hearing of the House Transportation and Infrastructure Subcommittee
on Water Resources and Environment focused on the ability of states
to reclassify inappropriately designated water bodies, including requests
to lower CWA standards for storm waterways and to allow arid western
states greater flexibility to establish water quality criteria and
standards. The Safe Drinking Water Act (SDWA) and its power to regulate
arsenic levels survived a lawsuit contesting the constitutionality
of federal reach over contamination not explicitly affecting interstate
commerce. The federal appeals court ruled based on procedural issues,
however, leaving open the possibility that intrastate water systems
could be excluded from SDWA protections in the future. More at www.agiweb.org/gap/issues/index.html#environment. On June 23-25, the Carbon Sequestration Leadership Forum (CSLF) held
an inaugural meeting to set forth the "framework for an international
agreement on the capturing of carbon in the atmosphere." The
forum includes governmental and industrial entities from major hydrocarbon
consumers and producers from around the world. According to C. Michael
Smith, the Department of Energy’s Assistant Secretary for Fossil
Energy, the purpose of the forum is to define methods for energy producers
to meet the demands of lower carbon dioxide emissions. The overall
emphasis of the forum is on advancing the science and technology of
carbon sequestration, more specifically geologic sequestration. Other
issues discussed at the meeting included the cost effectiveness and
the long-term environmental impact of carbon sequestration. More information
can be found on the forum at www.fe.doe.gov/coal_power/cslf/cslf_factsheet.pdf. On June 4th, the Pew Oceans Commission released its report on the status of American oceans. Entitled America’s Living Oceans: Charting a Course for Sea Change, the report claims that the "oceans are in crisis and the stakes could not be higher." The commission outlined the five major elements of the crisis: coastal development and sprawl, nutrient runoff pollution, over-fishing and damaging fishing practices, the spread of invasive species, and the impact of climate change on coastal and marine ecosystems. The report's recommendations are to be met by realizing five objectives that are based on the principle that "economic sustainability depends on ecological sustainability." The primary objective is to develop and declare a comprehensive national ocean policy that would include the coordination of marine resources management at regional and watershed levels, reform in fishery management institutions and policies, management of coastal development in such a way as to minimize habitat damage, and a continuing focus on the sources of pollution. Two of the report's principal recommendations are to enact a National Ocean Policy Act and establish an independent national oceans agency. The National Oceanic and Atmospheric Administration is currently a part of the Commerce Department. The report also endorses doubling funding for basic ocean science research as an "investment in understanding and managing [the nation's] oceans." A copy of the report can be found at www.pewoceans.org/oceans/.
On June 26th, the Senate Commerce, Science, and Transportation Committee
passed S. 1218, the Oceans and Human Health Act. Co-sponsored by the
committee's ranking Democrat Fritz Hollings (SC) and Sen. Ted Stevens
(R-AK), the bill recognizes the enormous resources in the nation’s
oceans, focusing largely on its contributions to the economy, biological
and climate research, and its role in the spread of human disease.
It points out that "gaps in funding, coordination, and outreach
have impeded national progress in addressing ocean health issues,"
and recommends a "national investment in a coordinated program
of research and monitoring." The purpose of the bill is to "provide
for Presidential support and coordination of interagency ocean science
programs" while developing an integrated and comprehensive oceans
research and monitoring program. The bill passed out of committee
with no controversy and can be found at thomas.loc.gov/cgi-bin/bdquery/z?108:s1218:
The National Research Council's (NRC) Committee on Restoration of
the Greater Everglades Ecosystem released a report this month on the
influence of water flow on the Everglades landscape. The committee
provides general assessments of restoration project science as well
as specific technical advice to the South Florida Ecosystem Restoration
Task Force, the group in charge of the Comprehensive Everglades Restoration
Plan. A stated goal of the restoration plan is to "get the water
right," but the physical parameters of water flow had not previously
been emphasized in the plan due to a lack of data and an inability
to produce accurate models. The NRC report evaluates a task force
white paper on "the environmental significance, creation, maintenance,
degradation, research needs, and performance measures for flow in
the ridge and slough landscape." These ecologically important
landforms, which lie parallel to flow directions, need to play a central
role in restoration efforts. The NRC report reaffirms the white paper's
conclusions, such as the recognition that the conditions that created
the ridge and slough landscape may not be the same as those that maintain
it. In addition, the NRC report suggests further research priorities,
such as the need to measure flow and sediment transport for the full
range of flow conditions. The report is available at www.nap.edu/catalog/10758.html. On June 17th, the Coalition for National Science Funding held its
annual Congressional Exhibition and Reception in the Rayburn House
Office Building, showcasing research and education projects supported
by the National Science Foundation (NSF). This year, AGI joined forces
with the American Geophysical Union (AGU), the Joint Oceanographic
Institutions, the Consortium for Oceanographic Research and Education,
the National Center for Atmospheric Research, and the American Astronomical
Society to present a series of booths on Earth System and Space Science
research. AGI and AGU co-hosted a display highlighting the recently
formed Consortium of Universities for the Advancement of Hydrological
Science (CUAHSI). More on CNSF at www.cnsfweb.org
and more on CUAHSI at www.cuahsi.org. AGI's Government Affairs Staff Associate Margaret Anne Baker has
moved on to pursue doctoral studies in geology at the University of
Maryland. She has done an absolutely superb job here at AGI, writing
many of the updates and alerts that you get from us and see on the
web site. She has also overseen our internship program and handled
all manner of program logistics. Margaret heads to South Africa in
July to conduct field work studying metamorphic petrology. She will
be sorely missed, but she has an exciting challenge ahead, and we
wish her the best. At the beginning of June, we bid farewell to Charna Meth who served
an extended semester internship, having joined us from the University
of Texas at Austin, where she received both her bachelor's and master's
degrees in geology. Charna finished up just as our summer interns
began to arrive. They include Brett Beaulieu, who is a master's student
in environmental geology at Vanderbilt University; Deric Learman,
who just received his bachelor's degree in geology from Central Michigan
University and is bound for graduate school in environmental geochemistry
at Virginia Tech; and Emily Scott, who is a rising senior geology
and government double major at Bowdoin College. The semester internship
is supported by the American Association of Petroleum Geologists,
and the summer internships are supported by the American Institute
of Professional Geologists Foundation. Below is a summary of Federal Register announcements regarding federal regulations, agency meetings, and other notices of interest to the geoscience community. Entries are listed in chronological order and show the federal agency involved, the title, and the citation. The Federal Register is available online at www.access.gpo.gov/su_docs/fedreg/frcont03.html. Information on submitting comments and reading announcements are also available online at www.regulation.gov.
The following updates and reports were added to the Government Affairs portion of AGI's web site http://www.agiweb.org/gap since the last monthly update:
Monthly review prepared by Margaret A. Baker; AGI/AIPG Geoscience Policy Interns Brett Beaulieu, Deric Learman, and Emily Scott; and David Applegate. Sources: American Institute of Biological Sciences, Carbon Sequestration Leadership Forum, E&E Daily, Federal Register, Greenwire, House and Senate hearings, House Science Committee, The New York Times, National Research Council, National Science Foundation, Pew Oceans Commission, U.S. Energy Association, U.S. Environmental Protection Agency and U.S. Geological Survey. Please send any comments or requests for information to AGI Government Affairs Program. Posted June 30, 2003 |
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