Jim Riley, Director, Government Affairs
John Boling, Director, Government Affairs
Joe Colaneri, Director, Government Affairs
Patricia Maeder, Division Coordinator
www.nssga.org
Action Center
e-Digest
- HIGHWAY BILL STARTS TO ROLL FORWARD
- SENATE HIGHWAY MARK UP SCHEDULED FOR NEXT WEEK
- SENATORS MOVE APPROPRIATIONS SUBCOMMITTEE BOXES
- SPECTER CHASES ASBESTOS COMPROMISE
- FEINGOLD-CANTWELL SEEK TO LIMIT PERCENTAGE DEPLETION
- HOUSE PANEL HEARS ABOUT TSUNAMIS, LANSLIDES AND EARTHQUAKES
- DAM REPAIR AND REHABILITATION ACT REINTRODUCED
- LEGISLATION INTRODUCED TO EXPAND RESTRICTIONS ON TRUCK SIZE AND WEIGHT LIMITS
- STEPHEN JOHNSON NOMINATED AS EPA ADMINISTRATOR
- ARMY CORPS JUSTIFIES SLIMMED DOWN SPENDING REQUEST
- MARK YOUR CALENDAR FOR THE APRIL 26-27 TCC FLY-IN
HIGHWAY BILL STARTS TO ROLL FORWARD
In a quick mark-up, H.R. 3, The Transportation Equity Act: A Legacy for Users (TEA-LU), was unanimously approved last week by the House Transportation & Infrastructure Committee. TEA-LU provides $284 billion in federal highway, transit and road safety projects from FY 2004 - 2009 ($241.8 billion from FY 2005-2009). During the markup, the Committee approved a manager's amendment that included 3,315 high priority highway projects and 414 bus and bus facility projects along with a number of minor amendments to the bill. Also approved was an Hours of Service amendment exemption for a specific industry and, separately, a reduction in the annual outlay for emergency spending on highways from $120 million to $100 million. Three additional amendments were offered and then withdrawn.The next morning, the House Ways and Means Committee took up the revenue title for H.R. 3, and approved it quickly as well. The bill extends current taxes and fees paid into the Highway Trust Fund (HTF) through 2011 and also extends spending authority from the HTF through October 1, 2009. No amendments were offered during Committee consideration. The finance portion of the bill will be integrated into TEA-LU before it heads to the House floor.
NSSGA strongly supports $318 billion for TEA 21 reauthorization, however, the national transportation coalitions have all supported getting a bill in conference as quickly as possible. This year's House bill is $9 billion more than the $275 billion measure from the last Congress.
Meanwhile, the House Energy & Commerce Subcommittee on Energy & Air Quality, headed by Representative Ralph Hall (R-Tex.), sought information on the Clean Air Act conformity process. Chairman Hall said TEA-LU is "…designed to simplify the conformity process while maintaining air quality benefits." Administration officials were supportive of the conformity changes while some state organizations and national environmental groups were opposed. NSSGA strongly supports conformity changes and will continue to work for inclusion of these reforms in a final highway reauthorization bill.
The House has scheduled floor time for consideration of TEA-LU on Wednesday and Thursday of this week. T&I Chairman Don Young (R-Alaska) has three things that need to be revealed before it reaches the floor. First, minimum guarantee (MG) - or how much each state expects to get from the bill. Second, scope - or what things are included in MG. According to the press, Young has an agreement with House Majority Leader Tom DeLay (R-Tex.) to include High Priority Projects and Projects of Regional or National Significance under the scope. Currently, these two programs are not under the MG, and therefore would be funds in addition to the MG. If they were included in the scope, then those states whose members had many earmarks (High Priority Projects) would be penalized. Word on the street is Ranking Member Jim Oberstar (D-Minn.) is opposed to this move. It is unclear whether Chairman Young will attempt to deal with this issue in a manager's amendment during floor consideration or wait until conference. The final fact Young must reveal is the amount of contract authority contained in the bill.
NSSGA, NAPA and ACPA supported pavement materials research language that is included in the House T&I Committee reported bill. NSSGA is actively involved in promoting passage of the highway reauthorization and will keep you informed as it passes through the legislative process.
SENATE HIGHWAY MARK UP SCHEDULED FOR NEXT WEEK
Senate Environment and Public Works Committee Chairman Jim Inhofe (R-Okla.) plans to mark up the highway reauthorization on Wed., March 16. Chairman Inhofe intends to move a $284 billion transportation bill through committee, at the same guaranteed funding level as the Administration and House T&I Committee approved. Inhofe contends that passing a bill out of committee at the same funding level as proposed by the president would likely be the best way to ensure floor time. Senate Majority Leader Bill Frist (R-Tenn.) is known to oppose a guaranteed funding level higher than the $284 billion advocated by the administration. Frist has made a general promise to Inhofe that he would allow floor time for the highway bill after completion of the budget, or around the third week of April. A floor effort to increase the funding level of the bill to the level of last year's Senate passed bill ($318 billion in contract authority, $301 billion in guaranteed funding) is anticipated.Achieving passage by the Senate of a bill and completing conference negotiations by the end of May and the expiration of the 6th extension of TEA 21 may be difficult. If the aforementioned time frame plays out, at least one short-term extension may be necessary to achieve agreement on the bill and passage of the conference report. NSSGA continues to work with Senate staff to move reauthorization forward at a funding level at least equal to last year's Senate bill.
SENATORS MOVE APPROPRIATIONS SUBCOMMITTEE BOXES
The Senate Appropriations Committee has approved a subcommittee restructuring plan that changes substantive jurisdiction for several departments, agencies and programmatic accounts. Among other changes, the plan would eliminate the VA-HUD Appropriations Subcommittee and move State Department accounts into the Foreign Operations Appropriations Subcommittee. A shift in the transportation jurisdiction occurs under the reorganization, but the funding for highways should not be affected - in fact it may be enhanced. Transportation-Treasury Appropriations Subcommittee Chairman Richard Shelby (R-Ala.) will take the helm of a new Commerce, Justice and Science Appropriations Subcommittee. This new panel would gain science agencies, including NASA and the National Science Foundation, from the VA-HUD spending bill.A new Transportation, Treasury and Housing panel will assume responsibility for the judiciary, as well as HUD and related agencies from VA-HUD - a move that mirrors recent House Appropriations Committee reorganization. Of note is that Senator Christopher "Kit" Bond (R-Mo.) will be the chairman of the new Appropriations Transportation Subcommittee. Bond has long been a strong proponent of highway spending over Shelby who more favored funds for mass transit. Thus, NSSGA's hand in seeking the maximum funding for highways should be strengthened in the Senate with the new Transportation Appropriations chairmanship of Senator Bond.
NSSGA will be analyzing the full impact of the appropriations reorganization in both the House and Senate and will report to you periodically as the new structure is fully implemented. Our initial read on the impact of the reorganization on highway spending is positive.
SPECTER CHASES ASBESTOS COMPROMISE
Difficulty in securing passage has not tempered Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) from his journey to report out asbestos trust fund legislation. Specter continues to try and cobble together a compromise from the various competing and conflicting stakeholder positions. Following the President's Day recess, Specter convened stakeholder and Senator meetings to try and prepare the field for a possible Senate Judiciary Committee markup. At the core of the controversy remains the size of the asbestos litigation trust fund and other related issues.NSSGA will continue to support scientifically accurate minerals definitions through its Minerals Definition Task Force.
FEINGOLD-CANTWELL SEEK TO LIMIT PERCENTAGE DEPLETION
Senators Russ Feingold (D-Wis.) and Maria Cantwell (D-Wash.) have introduced legislation to eliminate tax incentives to mining companies that mine for hardrock minerals on public lands. The bill would effectively end the so-called "mining depletion allowance." The percentage depletion allowance was established in 1909 to spur and sustain investment in the West.Although ending the subsidy is purported to save taxpayers several hundred million dollars over five years, what is not noted by supporters of this bill is the economic dislocation, lost jobs and diminished productivity that would result from the end of this particular depletion allowance. This program helped build America and continues to do so. Although the Feingold-Cantwell bill as drafted applies to hardrock mining done on federal lands, this legislation, if enacted would set a terrible precedent and the next target could be all mining on private lands.
NSSGA is a historical partner with the National Mining Association to defeat such economically shortsighted legislation.
HOUSE PANEL HEARS ABOUT TSUNAMIS, LANSLIDES AND EARTHQUAKES
On Thursday, March 3, the House Interior and Environment Appropriations Subcommittee heard from the U.S. Geological Survey (USGS) regarding the hazards facing the nation: tsunamis, landslides and earthquakes. Considering the Subcommittee oversees the USGS budget, questions quickly traveled from learning about a global tsunami alert to those programs slated for the chopping block.Charles "Chip" Groat, Director of the USGS, spoke to the increases in areas that would help mitigate natural disasters, and explained the proposed FY 2006 budget of $933.5 million, which is a decrease of $1.9 million from FY 2005. Mr. Groat also outlined the core scientific responsibilities of the USGS. The proposed FY '06 budget proposed cutting the natural resources program in half to $29.8 million (a $25 million cut) by eliminating collection of nation-wide basin geologic and mineral deposit data, the internationally coordinated global mineral resource assessment, many mineral commodity reports, and about 240 full time positions in the department.
In late January, NSSGA communicated with both the House and Senate Interior Appropriations Subcommittees in support of the Minerals Information Team (MIT). After the proposed budget was released, NSSGA communicated with the House Interior Subcommittee and the personal staff of the committee members regarding proposed cuts to the MIT. Specifically, the budget proposes to cut MIT by $2 million (eliminating all foreign minerals data reports). NSSGA will keep you informed of its actions in support of the MIT.
DAM REPAIR AND REHABILITATION ACT REINTRODUCED
Representative Sue Kelly (R-N.Y.) reintroduced the Dam Rehabilitation and Repair Act of 2005, a bill that will create a federal funding program to repair the nation's unsafe public dams. This legislation addresses the critical issue of deteriorating dam structures that pose a threat to many communities throughout the country. Congresswoman Kelly has stated that, "Dam failures are largely preventable disasters. This bill would protect the crucial services that dams provide as well as the property of those communities they serve."The Dam Rehabilitation and Repair Act of 2005 is a legislative step to help address this need. If enacted, the legislation would mandate:
- Establishment of a program within the Federal Emergency Management Agency to fund dam rehabilitation, repairs and removal;
- Enactment of a public fund to award grants for assistance to publicly-owned deficient dams; and
- Authorization of $350 million over 4 years to assist in the rehabilitation of deficient dams.
LEGISLATION INTRODUCED TO EXPAND RESTRICTIONS ON TRUCK SIZE AND WEIGHT LIMITS
Senators Frank Lautenberg (D-N.J.) and Mike DeWine (R-Ohio) have introduced legislation that would expand restrictions on truck size and weight limits that are currently in place for vehicles traveling on roads designated as part of the National Highway System (NHS). The Safe Highways and Infrastructure Preservation Act (SHIPA), S.95, would cover the interstate system and over 100,000 miles of other arterial roadways. Trucks operating on specific NHS routes legally as of June 1, 2003, with weight limits in excess of the new, lower SHIPA weights, would be grandfathered in, however, they would have to prove legal and actual operation of the vehicles on each route intended to be grandfathered. The new weight restrictions would apply to any newly constructed or designated NHS roadway.As currently drafted, SHIPA would limit the number of roadways on which fully-loaded trucks carrying construction materials could legally operate, forcing many of these vehicles onto secondary state or local roads not designed primarily for heavy truck use, often built to standards below that of the Eisenhower Interstate System. This will result in more rapid deterioration of these state and local roads while doing nothing to improve safe commercial motor vehicle operation or the safety of the traveling public. NSSGA opposes SHIPA as it is now written and will work towards insuring that the negative impact that it would have upon the construction materials industry is not realized.
STEPHEN JOHNSON NOMINATED AS EPA ADMINISTRATOR
On March 4, President Bush nominated Environmental Protection Agency (EPA) Acting Administrator Stephen L. Johnson to permanently fill the position. Johnson has been Acting Administrator since January. Prior to being named acting administrator, Johnson served as the deputy administrator and as the assistant administrator for pesticides, prevention and toxic substances. In total, Johnson has been an EPA employee for 24 years.An easy Senate confirmation is expected, since Johnson has already been confirmed twice. NSSGA looks forward to getting to know Administrator Johnson and to furthering its relationships with other key EPA officials.
ARMY CORPS JUSTIFIES SLIMMED DOWN SPENDING REQUEST
In what has become an annual ritual, the U.S. Army Corps of Engineers (USACE) appeared before the House Appropriations Committee on Energy & Water Development to explain why the Administration has proposed to cut many water projects. According to Hon. John Paul Woodley Jr., Office of the Assistant Secretary of the Army for Civil Works, "too many projects authorized and initiated without sufficient funding for timely completion, which has protracted construction schedules and deferral of benefits for the most worthy projects." This is the largest USACE budget proposed in history at $4.513 billion. Section 404 permits (wetlands) funding is increased by $10 million to approximately $160 million. NSSGA remains active in urging the USACE to issue national guidance clarifying federal jurisdiction in this post-SWANCC environment.
MARK YOUR CALENDAR FOR THE APRIL 26-27 TCC FLY-IN
The Transportation Construction Coalition (TCC) is busy preparing for the spring TCC Fly-In, April 26-27, at the Hotel Washington. NSSGA is holding a Government Affairs Committee meeting from 11:00 a.m. to 12:30 p.m. on April 26 at the Hotel Washington before the start of the fly-in. Lunch will be served, followed by a one-hour meeting of the ROCKPAC Trustees beginning at 1:00 p.m.The TCC General Session will begin at 2:30 p.m. on April 26, and a Congressional reception will follow at 6:00 p.m. The morning of April 27 will begin with a breakfast speaker followed by a day of lobbying on Capitol Hill. The fly-in comes at a critical time in TEA 21 reauthorization, with only one month remaining until the expiration of the May 31 extension. In addition to TEA 21 reauthorization, Congress will be trying to negotiate the funding levels for the 13 annual appropriations bills, including Transportation-Treasury appropriations.
Reserve your room now, as we are anticipating a busy year in Washington and have expanded the number of associations participating in the fly-in. Reservations may be made under the "TCC Fly-In" room block by calling (202) 638-5900 or (800) 424-9540. We are anticipating a high turnout to represent the industry. Additional fly-in details will be provided shortly.