This monthly review goes out to members of the AGI Government Affairs Program (GAP) Advisory Committee, the leadership of AGI's member societies, and other interested geoscientists as part of a continuing effort to improve communications between GAP and the geoscience community that it serves.
Appropriations on Hold Until After Elections
Possible Lame Duck Topics: Energy and Homeland Security
Hazards Legislation Enacted, Academy Roundtable Held
Special Update: House Appropriators Provide Big Boost
to NSF
NSF Doubling Bill Held Up in Senate
Administration Plans Climate Change Workshop
Bonding Issue Revived for Mining on Public Lands
DOE Misses Yucca Deadline, Makes Final EIS Available
Hearings Mark Clean Water Act 30th Anniversary
Remaining Eisenhower Programs Nearing End
NSF Geoscience Advisory Committee Seeks Input
Special Update: President Bush's Earth Science Week 2002
Message
List of Key Federal Register Notices
New Material on Web Site
********************
Appropriations on Hold Until After Elections
Before leaving to campaign for the mid-term elections, Congress passed
a Continuing Resolution (H.J. Res. 123) that funds the federal government
at fiscal year (FY) 2002 levels until November 22nd. Only two of
the 13 appropriations bills -- both military -- have been signed into law,
and Congress is expected to return next week for a post-election ("lame
duck") session to complete action on the remaining eleven bills. The productivity
of such a session, however, depends largely on the outcomes of tomorrow's
elections. A shift in power -- either Republicans taking control of the
Senate or Democrats taking control of the House -- would likely mean delay
until the 108th Congress takes office in January. And with razor-sharp
edges held in both houses, such a shift may not be clear until later in
the month in the event of a disputed election (ghosts of 2000). More on
appropriations at http://www.agiweb.org/gap/legis107/appropsfy2003.html.
Possible Lame Duck Topics: Energy and Homeland Security
Two other major pieces of legislation that could be addressed during
a lame duck session in November are the comprehensive energy bill, H.R.
4, and bills to establish a Department of Homeland Security (H.R. 5005;
S. 2452). The House-Senate conference committee handling the energy bill
negotiations has reached agreement on hundreds of pages of bill text but
remains deadlocked over electricity deregulation (in particular, renewable
portfolio standards), climate provisions, liability associated with ethanol
requirements, drilling in the Arctic National Wildlife Refuge, and the
magnitude of tax incentives. Whether these major provisions are included
or dropped remains to be seen, and their fate will determine the scope
and likely impact of the final bill. Background at http://www.agiweb.org/gap/legis107/energy.html.
The proposed Department of Homeland Security would swallow all or part of 22 federal agencies, would employ 170,000 people, and would have an annual budget in the range of $35 to $42 billion. It's Emergency Preparedness and Response Directorate would be cored by the Federal Emergency Management Agency (FEMA), and a Science and Technology Directorate would serve to identify R&D needs, coordinate research and advise the Secretary. Because no other geoscience-related agencies besides FEMA are included in the new department, the extent to which their homeland security activities will be recognized may depend on the effectiveness of the department's external scientific coordination. This topic is covered in the Political Scene column appearing in the November 2002 issue of Geotimes at http://www.geotimes.org/nov02/scene.html.
Hazards Legislation Enacted, Academy Roundtable Held
Two pieces of hazard-related legislation were enacted into law this
month. On October 1st, President Bush signed the National Construction
Safety Team Act of 2002 (H.R. 4687), a bill developed by the House Science
Committee in response to problems encountered during structural investigations
into the collapse of the World Trade Center towers. The bill gives the
National Institute of Standards and Technology authority to conduct investigations
into building disasters, for both human-induced and natural events, similar
to the authority of the National Transportation Safety Board. If successful,
this approach could become a blueprint for learning from natural disasters.
On October 29th, President Bush signed the Inland Flood Forecast and Warning
System Act (H.R. 2486), which provides funding for the National Oceanic
and Atmospheric Administration to develop additional capability for inland
flooding prediction and for the development of a flood warning index. According
to bill sponsor Rep. Bob Etheridge (D-NC): "While we can't control the
weather, we can give our communities an inland flood forecasting and warning
system that they can count on."
Warnings were a central topic of a forum on risk communication held by the National Academies' Natural Disasters Roundtable on Halloween. Attendees heard from journalists, local emergency managers and hazard researchers on how to improve communication to the public on the risks associated with natural hazards. For more on the forum, see http://nationalacademies.org/naturaldisasters.
Special Update: House Appropriators Provide Big Boost
to NSF
An AGI special update on October 8th reported that after months of
delay, the House subcommittee that oversees spending for the National Science
Foundation (NSF), NASA, EPA, and FEMA has drafted its version of a funding
bill for FY 2003. H.R. 5605 (H. Rpt. 107-740) would provide NSF with $5.42
billion, nearly a 13% increase over FY 2002. The EarthScope project (http://www.earthscope.org)
would receive $40 million, twice the amount allocated by the Senate (S.
2797; S. Rpt. 107-222) and $5 million above the President's request. Research
accounts at NSF would receive $4.1 billion (up over 15%) within which the
Geosciences Directorate would receive $701 million (up 15%). A committee
press release provided overall numbers for the other agencies mentioned
above, which are included in the update at http://www.agiweb.org/gap/legis107/vahud_update1002.html.
NSF Doubling Bill Held Up in the Senate
Even as NSF's appropriations bill was making headway in the House,
an authorization bill that would place the agency on a path to double its
budget in the next five years has hit a stumbling block on the Senate floor.
Sen. Jon Kyl (R-AZ) placed a hold -- or threat to filibuster -- on the
Senate version (S. 2817) when it came up for floor debate shortly before
the chamber recessed for the November elections. According to reports,
Kyl acted at the request of the White House Office of Management and Budget,
which objected to the doubling language. Meanwhile, House and Senate
staffers have met to reconcile differences between the House bill (H.R.
4664), which passed that chamber with an overwhelming majority, and S.
2817. This action paves the way for Congress to speedily pass the
authorization bill once the hold is lifted. More on the House bill at http://www.agiweb.org/gap/legis107/science_edu.html.
Administration Plans Climate Change Workshop
The U.S. Climate Change Science Program, which includes the interagency
U.S. Global Change Research Program (USGCRP) and the Commerce Department's
Climate Change Research Initiative (CCRI), has invited scientists and other
stakeholders to a meeting December 3-5, 2002, to discuss a draft version
of its strategic plan for climate change and global change studies.
The strategic planning exercise is in response to President Bush's request
that the global change science programs "be objective, sensitive to uncertainties,
and well documented for public debate." A discussion draft of the
strategic plan will be available online by November 11th for scientific
and public review. More at http://www.climatescience.gov/
and, for an AGU alert, http://www.agu.org/cgi-bin/asla/asla-list?read=2002-22.msg.
Bonding Issue Revived for Mining on Public Lands
The revised regulations for hardrock mining on federal lands -- the
so-called 3809 regulations -- have been a contentious subject since the
revision process began nearly a decade ago. A key issue is "bonding,"
the requirement that mining companies submit up-front proof of financial
guarantee for reclamation of a mining site. Despite a delay in implementation
and review by the incoming administration in 2001, the bonding requirements
have remained the same. But there is a chance that they will be reviewed
again by the Department of the Interior. On October 11th, a bipartisan
group of U.S. Representatives sent a letter to Secretary of the Interior
Gale Norton regarding a department task force that is looking at this issue.
The letter notes the representatives' opposition to any efforts to weaken
the bonding regulations. Some mining companies have claimed that
the current insurance environment is such that it is difficult to obtain
surety bonds. According to the Department of the Interior, the task force
is simply gathering information at this point, but it is expected to release
a report in November to Secretary Norton. More at http://www.agiweb.org/gap/legis107/mining.html.
DOE Misses Yucca Deadline, Makes Final EIS Available
The Department of Energy (DOE) has announced that will miss the deadline
for submitting a license application to the U.S. Nuclear Regulatory Commission.
Under the Nuclear Waste Policy Act of 1982, DOE had 90 calendar days after
a repository site is accepted to submit a license application -- the Yucca
Mountain site was officially accepted by President Bush on July 23, 2002
after both the House and Senate overrode the objections of Nevada Governor
Kenny Guinn (R). At the time, DOE indicated that it would not submit
an application before 2002 and argued that the Nuclear Waste Policy Act
does not provide any penalties for the missed application deadline. Nevertheless,
the Nevada congressional delegation has asked DOE to explain why the decision
was made to move forward with the site despite knowing that the agency
would miss the deadline. A legal challenge by the state is also likely
to occur. More at http://www.agiweb.org/gap/legis107/yucca.html.
In the October 25th Federal Register, DOE announced the availability of
the final Environmental Impact Statement (EIS) for the repository at http://www.ymp.doe.gov
(full citation below).
Hearings Mark Clean Water Act 30th Anniversary
The Senate Environment and Public Works Committee marked the 30th anniversary
of the Clean Water Act (CWA) with a hearing on October 8th to consider
past accomplishments and future challenges. Witnesses generally agreed
that since President Nixon signed CWA into law in 1972, it has provided
an important regulatory framework for reducing pollution in the nation's
waterways. Environmental groups have cautioned, however, that progress
is incomplete with 45% of the nation's waterways still considered unfit
for swimming or fishing, down from 70% in 1972. Several witnesses suggested
that enforcement of the act should shift away from the point-source pollution
that was its initial focus (the lasting image of Cleveland's Cuyahoga River
catching fire) and more toward addressing non-point source pollution from
sources such as agriculture using Total Maximum Daily Load (TMDL) standards.
More at http://epw.senate.gov/.
The CWA was also the subject of a much more narrowly focused hearing on the House side that looked at potential obstacles to suppression of mosquitoes bearing West Nile Virus. The October 10th hearing was held by the House Transportation and Infrastructure Subcommittee on Water Resources and Environment. More at http://www.house.gov/transportation/water/.
This December, the Supreme Court will consider a case involving the CWA. Referred to as Borden Ranch Partnership v. U.S. Army Corps of Engineers and EPA, the case involves interpretation of agricultural land-use practices, specifically whether such practices constitute pollutant discharge under the Clean Water Act and whether the ranch's action qualified for exemption under a provision of the CWA.
Remaining Eisenhower Programs Nearing End
A bill that would terminate the remaining Department of Education Eisenhower
professional development programs, which are targeted at elementary and
secondary math and science educators, awaits presidential approval.
On October 15th, the Senate passed an amended H.R. 3801, the Education
Sciences Reform Act of 2002, that aims to improve education research, statistics,
evaluation, information, and dissemination. Of key concern is the future
of the Eisenhower National Clearinghouse and the Eisenhower Regional Consortia.
The main Eisenhower grant program already was eliminated in the No Child
Left Behind Act of 2001. The final version of the bill would provide a
short-term reprieve for the regional consortia, which would end once the
comprehensive centers authorized by the act are established. There
is no specific language regarding the Eisenhower National Clearinghouse.
More at http://www.agiweb.org/gap/legis107/science_edu.html.
NSF Geoscience Advisory Committee Seeks Input
The National Science Foundation's (NSF) Geoscience Advisory Committee
is seeking comments from the geoscience community on the committee's agenda
items or any other issues of concern. Its next meeting is scheduled
for November 6-8, 2002, at the NSF headquarters in Arlington, VA.
The committee directly advises the NSF Geoscience Directorate and addresses
how the directorate can better serve the scientific community, promote
geoscience education and increase diversity in the workforce, as well as
prioritize funding areas in geoscience research. More at http://www.geo.nsf.gov/geo/about/advisory.htm.
Special Update: President Bush's Earth Science Week
2002 Message
Another AGI special update went out on October 18th bearing a presidential
message that was released by the White House in recognition of Earth Science
Week 2002. The message joined proclamations issued by numerous state governors
and city mayors. As part of the message, President Bush wrote: "Dedicated
and highly skilled geologists, geophysicists, and other earth and environmental
scientists are working to protect and preserve our natural resources and
environment. Their efforts are also keeping us safe from natural disasters
and promoting our appreciation for the beauty and grandeur of nature….
During Earth Science Week, I encourage all Americans to recognize the vital
role of the earth sciences in our lives, and to renew our commitment to
good stewardship of our land." Now in its sixth year, Earth Science Week
was initiated by AGI as part of its 50th anniversary celebration. For more
on Earth Science Week, which ran from October 13th to 19th and featured
locally organized events all across the country and around the world, see
http://www.earthsciweek.org.
List of Key Federal Register Notices
A recent feature of the AGI Monthly Review 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 http://www.access.gpo.gov/su_docs/fedreg/frcont02.html.
Department of Energy (DOE), Office of Fossil Energy. Meeting announcement for the Methane Hydrate Advisory Committee in Washington, DC, on November 13-14, 2002. Vol. 67, No. 195 (8 October 2002): p. 62703.
DOE, Office of Fossil Energy. Meeting announcement for the Coal Policy Committee of the National Coal Council in Chicago, IL, on November 12-13, 2002. Vol. 67, No. 195 (8 October 2002): p. 62703-62704.
DOE, Basic Energy Science. Meeting announcement for the Basic Energy Science Advisory Board in Gaithersburg, MD, on November 5-6, 2002. Vol. 67, No. 205 (23 October 2002): p. 65098.
DOE, Civilian Radioactive Waste Management. Notice of the availability of the final Environmental Impact Statement (EIS) for a geologic, high-level nuclear waste repository at Yucca Mountain, Nye County, Nevada, at http://www.ymp.doe.gov. Vol. 67, No. 207 (25 October 2002): p. 65539 - 65542.
Environmental Protection Agency. Announcement of final rule revising wastewater and drinking water regulations to include updated versions of test procedures for the determination of chemical, radiological, and microbiological pollutants and contaminants in wastewater and drinking water. Vol. 67, No. 205 (23 October 2002): p. 65219-65253.
Minerals Management Service. Notice of availability of environmental documents related to outer continental shelf mineral leases in the Gulf of Mexico. Vol. 67, No. 191 (2 October 2002): p. 61920-61922.
U.S. Geological Survey. Notice of availability of information quality guidelines to comply with those outlined by the Office of Management and Budget -- information available online at http://www.usgs.gov/info_qual/. Vol. 67, No. 193 (4 October 2002): p. 62259.
Monthly review prepared by Margaret A. Baker, David Applegate and AAPG/AGI Geoscience Policy Intern Annette Veilleux.
Sources: American Geophysical Union, American Institutes of Physics, Coalition for National Science Funding, Department of Energy, E&E Daily, Greenwire, House Science Committee, Library of Congress, and National Science Foundation.
Please send any comments or requests for information to AGI Government Affairs Program at govt@agiweb.org.
Posted November 4, 2002
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