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2001 Federal Legislative
Update
Kristen M. Fletcher, J.D., LL.M.
Roy A. Nowell, Jr.
The following is a summary of federal legislation related
to coastal, fisheries, water, and natural resources enacted during the
first session of the 107th Congress.
107 Public Law 13 - Act to Authorize Funds for Endangered Species
Act Consultation (H.R. 581)
Authorizes the Secretaries of the Interior and Agriculture to use wildland
fire management funds (appropriated in the Department of the Interior
and Related Agencies Appropriations Act, 2001) to reimburse the U.S. Fish
and Wildlife Service and the National Marine Fisheries Service for the
costs of their compliance with Endangered Species Act consultation requirements.
107 Public Law 20 - 2001 Supplemental Appropriations Act
(H.R. 2216)
Title I - National Security Matters
Chapter 2: Makes supplemental appropriations for the Department of Energy
for defense-related environmental restoration and waste management.
Title II - Other Supplemental Appropriations
Chapter 1: Appropriates for the (1) enforcement and enhancement of activities
under the Animal Welfare Act; (2) the Animal and Plant Health Inspection
Service; and (3) Natural Resources Conservation Service, to repair damages
to waterways and watersheds resulting from natural disasters. Rescinds
specified funds appropriated to the Farm Service Agency for the Agricultural
Conservation Program.
§§ 2104, 2107: Provide amounts for water conservation assistance
to producers in the Klamath Basin (Oregon) and in the Yakima Basin (Washington).
Chapter 2: Amends a prior appropriation for the construction of a research
center at the ACE Basin National Estuarine Research Reserve, making
$3 million available for construction and $5 million for land acquisition.
§ 2201: Revises the date for the adoption of final regulations
concerning permits under the fishing capacity reduction program from
May 1, 2001, to as soon as practicable and provides that interim Bering
Sea crab fishery certificates issued after December 1, 2000 shall remain
valid until the Secretary implements final regulations.
§ 2202: Amends the American Fisheries Acts requirements for
commercial lenders, mortgage trustees, and fisheries endorsements, including
the revision of methods by which commercial fishing vessel lenders demonstrate
citizenship status.
Chapter 11: Authorizes the EPA to award grants for work on New York
watersheds.
107 Public Law 26 - Act to Reauthorize the Tropical
Forest Conservation Act of 1998 (H.R. 2131)
Amends the Tropical Forest Conservation Act to authorize appropriations
through FY 2004 for the reduction of debt owed by a developing country
with a tropical forest, if the debt was a result of loans made or credits
extended by the U.S. The act also revises language to require investment
reforms by the country to be eligible for the debt reduction.
107 Public Law 63 - Department of the Interior and Related Agencies
Appropriations Act, 2002 (H.R. 2217)
Provides funds for the following activities.
Landowner Incentive Program - Provides for private
conservation efforts funded through the Land and Water Conservation
Fund for the protection and management of habitat to benefit federally
listed, proposed, or candidate species, or other at-risk species on
private lands;
Offshore Oil and Gas Leasing - Allows activities only within
the area of Sale 181 in the eastern Gulf of Mexico;
Glacier Bay National Park Vessels - Directs the National Park
Service to complete (by January 1, 2004) an EIS to identify and analyze
the possible effects of the 1996 increases in the number of vessel entries
issued for Glacier Bay National Park, providing that the number of vessel
entries into the Park shall be the same as that in effect during the
2000 calendar year until the Secretary sets levels consistent with the
EIS.
107 Public Law 66 - Energy and Water Development Appropriations
Act, 2002 (H.R. 2311)
Section 502 Instructs the Secretary of the Army to study and report to
Congress on the known and potential environmental effects of oil and gas
drilling activity in the Great Lakes, including effects of drilling upon
the shorelines and water and prohibits any state or federal permit or
lease issuance for new oil and gas slant, directional, or offshore drilling
in or under any of the Great Lakes.
107 Public Law 69 - Act to Amend the Reclamation Recreation Management
Act of 1992 (H.R. 2925)
Directs the Secretary of the Interior to issue regulations in order to
provide for the security of dams, facilities, and resources under the
jurisdiction of the Bureau of Reclamation.
107 Public Law 73 - Departments of Veterans Affairs and Housing
and (H.R. 2620)
Urban Development, and Independent Agencies Appropriations Act, 2002
Funds the Environmental Protection Agency for fiscal year 2002; in its
conference report, it provides $10 million for coastal states to test
and monitor the water at local beaches and to notify the public if the
water quality is deemed unsafe for swimming, as required by the BEACH
Act of 2000.
107 Public Law 91 - Detroit River International Wildlife Refuge
Establishment Act (H.R. 1230)
Establishes the nations first international Wildlife Refuge to protect
the remaining high-quality fish and wildlife habitats of the Detroit River
and to restore and enhance degraded wildlife habitats associated with
the Detroit River. The act calls for assistance with international efforts
to conserve, enhance, and restore the native aquatic and terrestrial community
characteristics of the Detroit River in the U.S. and Canada, and for partnerships
among the U.S. Fish and Wildlife Service, Canadian national and provincial
authorities, State and local governments, communities, and conservation
organizations. The refuge consists of the lands and waters managed by
the Secretary in Michigan within the area extending from the point in
Michigan directly across the river from northernmost point of Ojibway
Shores to the southern boundary of the Sterling State Park, including
the Wyandotte National Wildlife Refuge.
107 Public Law 107 - National Defense Authorization Act for Fiscal
Year 2002 (H.R. 1438)
Creates a pilot program for emission reduction incentives by authorizing
the Secretary of Defense to prepare a report on the sale of economic incentives
for the reduction of emission of air pollutants attributable to military
facilities. In addition, the following should be well detailed in the
report: number and type of pollutants involved, extent of loss to U.S.,
extent to which retention of the proceeds of sales provided incentives,
and the environmental impact of the program.
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