BNA

After 18 terms in Congress, House Transportation and Infrastructure Committee Chairman James Oberstar (D-Minn.), a supporter of clean water and public works projects, was defeated in the midterm elections that swept Republicans into power in the House of Representatives.
During his long tenure, Oberstar frequently cited improving the nation's water quality and strengthening the Clean Water Act as among his major goals
Patricia Sinicropi, director of legislative affairs for the National Association of Clean Water Agencies, said NACWA has long worked with Oberstar and his staff to secure federal funding for water infrastructure projects. “It's disappointing to see such a leader on clean water issues lose his reelection bid,” she told BNA Nov. 3.

But Sinicropi said NACWA expects to work well with Oberstar's expected successor, Rep. John Mica (R-Fla.), who also has supported improving the nation's clean water infrastructure.
Mica is expected to assume the chairmanship of the Transportation and Infrastructure Committee. Under Mica, Sinicropi said she expects a continued focus on investing in clean water infrastructure and determining how communities can meet their clean water obligations.

Commitment to Clean Water Issues
Mica, the committee's current ranking Republican, has shown he is “committed to clean water issues,” Sinicropi said. “He is a friend of NACWA, and we look forward to working with him.”
NACWA, which represents the nation's municipal wastewater treatment officials, has pushed heavily for more clean water infrastructure funding. The association has pointed to estimates by the Environmental Protection Agency, the Government Accountability Office, and the Water Infrastructure Network of a gap of at least $500 billion over 20 years between what is needed to upgrade and repair the nation's wastewater infrastructure and how much is being spent.

Mica said Nov. 3 in a statement that passing a new water resources measure will be among his top priorities. The committee approved the Water Resources Development Act (H.R. 5892), sponsored by Oberstar, Sept. 29. The bill would authorize the U.S. Army Corps of Engineers to conduct various public works projects in U.S. rivers and harbors and address water resource needs.

Sinicropi said NACWA valued Oberstar's help in securing passage of the American Recovery and Reinvestment Act of 2009 (P.L. 111-5) and its inclusion of funds for clean water and drinking water infrastructure. Oberstar also supported additional stimulus funding.
Acknowledging that Mica, like most other Republicans, did not support the stimulus bill, she added, “I don't think we can view that vote as a harbinger of future action.”

Revolving Funds Programs
Oberstar also showed strong leadership in securing House passage for legislation (H.R. 1262) to reauthorize and provide additional financial support for state water revolving fund programs, Sinicropi said. The clean water revolving fund has not been reauthorized since 1987, and the drinking water state revolving fund has not been reauthorized since 1996.
“We really appreciate it. He got [the bill] out of the House,” she said.

Republican objections to a provision that would mandate action on Davis-Bacon prevailing wage requirements for water infrastructure projects stalled action on a water infrastructure reauthorization bill (S. 1005) in the Senate. The Senate Environment and Public Works Committee approved the reauthorization bill in May 2009 (92 DEN A-13, 5/15/09).

House Passed Reauthorization Bill
The House-passed Water Quality Investment Act of 2009 (H.R. 1262), passed in March 2009, would authorize $18.5 billion over five years to improve water quality, including $13.8 billion for the clean water state revolving fund. Unlike the Senate bill, it did not include funding for the drinking water revolving fund.

One measure expected to be dropped with Republican committee leadership is legislation sponsored by Oberstar addressing federal jurisdiction over water bodies. Oberstar introduced the America's Commitment to Clean Water Act (H.R. 5088) in April and promoted a similar measure during committee hearings in previous years.

The bill was aimed at protecting wetlands. Oberstar said it would clarify and reaffirm federal jurisdiction over waters of the United States, including wetlands. But Republicans, who opposed it, charged it could dramatically expand the scope of the Clean Water Act. Staffers had aimed for a September markup of the bill, but that markup never took place.
In a statement opposing the bill following its introduction, Mica called it “ the latest version of the same controversial proposals we have seen before to federally regulate virtually every wet or potentially wet area in the United States.”
The Obama administration has said the legislation would restore, but not expand, the scope of the Clean Water Act.

Subcommittee Leadership
It is not clear who will chair the Transportation and Infrastructure Subcommittee on Water Resources and Environment in the next Congress. Rep. John Boozman (R-Ark.), the subcommittee's ranking Republican, has been elected to serve in the Senate.
The subcommittee has jurisdiction over Clean Water Act programs; the Comprehensive Environmental Response, Compensation, and Liability Act; the U.S. Army Corps of Engineers Water Resources programs; oil pollution; the Tennessee Valley Authority; and the Natural Resources Conservation Service.