It has been a very busy year in the advocacy arena this year, and below you'll find our final Audubon Advisory issue of the year -- a wrap-up of how Audubon priority conservation issues fared in the first session of the 108th Congress. Many, many thanks for your consistent participation and commitment, as it truly made a significant difference this year! And remember, if you are not already receiving the Audubon Advisory -- our free, twice-monthly legislative update, please click on this link now to sign-up today: http://www.capitolconnect.com/audubon/myregistration.asp AUDUBON ADVISORY Audubon's Twice-Monthly Update From Washington, D.C. END OF THE YEAR ISSUE December 19, 2003 (Vol. 2003, Issue 25) CONGRESS & CONSERVATION IN 2003 Earlier this month, the U.S. Congress closed its books and its members headed home for the rest of the year, officially ending the first session of the 108th Congress. And what a year it was! Never before have we witnessed such a myriad of assaults on our nation's environmental laws - both in the U.S. Congress and in federal government agencies. Each of our 24 Audubon Advisory issues this year was packed with action articles on threats to the quality of our water, air, endangered and threatened birds, other wildlife and our nation's proud outdoor heritage. Each time you responded by taking the needed action in defense of our environment - and for that we can't thank you enough! So - how did our unified efforts fare this year? In a tremendously difficult congressional year -- due to a very limited federal budget and the influence of politically powerful special interests -- we had a number of victories and significant gains that would not have been possible without your active participation! Much like in 2002, Congress adjourned without taking final action on a number of Audubon priority programs and proposals that impact critical habitat and the quality of our environment. They will take those issues up when they return to action in late January, 2004. In the meantime, here's a look at final actions the U.S. Congress did take in 2003. Be sure to visit our TAKE ACTION website for more information, as well as to weigh-in on important public comment periods currently underway this holiday season! http://www.capitolconnect.com/audubon/ This is our last Audubon Advisory of the year. The next issue you will receive will be a January 2004 "Legislative Lookout", where we'll discuss the issues we'll be facing next year, and the challenges we'll face, and how we'll need your help to win! Again, many, many thanks for your support this year, and your inspirational commitment to the protection of birds and wildlife. We look forward to working with you in 2004! Wishing you and your loved ones all the best this holiday season and for the new year ahead! VICTORY! ARCTIC NATIONAL WILDLIFE REFUGE SAFE FROM DRILLING FOR 2003 Thanks to steadfast opposition from supporters like you, attempts by pro-drilling special interests to open the Arctic National Wildlife Refuge to oil and gas drilling failed in the U.S. Senate by three votes! This was a remarkable victory given the White House supported drilling, and many House and Senate leaders from both parties supported drilling! As you know, this issue is still very much on the Congressional radar screen, and it's likely we'll see the pro-drillers try several different avenues to push the measure through. First, remember the Conference Committee's overall energy bill is still on the move. In late November, Conference Committee leaders removed the Arctic drilling provisions from the overall bill as a last-ditch effort in an attempt to win passage by the U.S. Senate. But even without drilling provisions, the bill still includes far too many dangerous and destructive provisions - and there is no guarantee pro-drilling supporters won't try to stick the Arctic drilling provisions back in bill come January! Second, it is likely the pro-drilling special interests will try another push to include royalties from selling oil and gas development rights in the Refuge in the nation's budget for fiscal year 2005. For the last several years, Audubon and our partners in conservation have been successful in defeating this effort - and only with your help will we be able to do so again in 2004! Get a head start on the action by visiting our special website at www.protectthearctic.com and communicating with your lawmakers on this issue before the start of the new year! It's not too early to let your lawmakers know how you feel about this critical issue! VICTORY! STATEWIDE CONSERVATION PROGRAMS You know that the U.S. Congress allots funding each and every year for bird, wildlife and habitat conservation programs in this country, but do you know who is responsible for implementing those programs? That's right - your state! Your state's Fish & Game Agency or Department of Natural Resource is responsible for implementing plans and management strategies for effective wildlife conservation and restoration efforts. But effective implementation depends on Congress providing consistent and adequate funding to the states. And one way Congress does so is through the State Wildlife Grant program. And for fiscal year 2004, the U.S. Congress increased its support for these programs by $10 million! State Wildlife Grant funds provide states with the resources they critically need for effective bird and wildlife conservation and restoration efforts. VICTORY! MIGRATORY BIRD PROTECTION Approximately 5 billion birds of 500 species - including many endangered bird species -- migrate to North America from their wintering grounds in Latin America and the Caribbean annually. For many years, neotropical migratory bird populations have been dwindling due to the destruction of their wintering habitats. In 2000, Congress decided to do something about it and passed the Neotropical Migratory Bird Conservation Act - a 5-year, first of it's kind law that directly impacts songbirds, focuses on conserving and enhancing these habitats to help ensure these birds make it back to our backyards each Spring. For each of the last two years since the program started, Congress has only secured $3 million for this program. This year, however, Congress allotted $4 million for fiscal year 2004 - it's first major increase! This funding goes directly to supporting partnership programs that conserve and enhance habitat of Neotropical migratory birds, including many endangered and threatened species, including Kirtland's Warbler, Bicknell's Thrush, Black-capped Vireo, and a species of great concern, the Cerulean Warbler. 2004 represents the last year for the program, so we'll be counting on your help to not only see that Congress secures the highest funding levels possible for it, but that they reauthorize it again for another 5-10 years! Stay tuned - much more to follow! VICTORY! AGENCIES DROP PLANS TO REMOVE EVEN MORE PROTECTIONS FROM WETLANDS On December 16, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) announced that they were dropping their plans to remove federal protection for many streams, wetlands, ponds and other waters that have been protected by the Clean Water Act for over 30 years! This is in response to the public comment period held earlier this year where the agencies asked the public to weigh-in on whether there was any basis for protecting so-called "isolated" wetlands -- wetlands that have no direct hydrologic connection to navigable interstate rivers. Even though the term "isolated" is not included in the Clean Water Act, the Supreme Court created this arbitrary distinction. From a scientific standpoint, very few wetlands are truly isolated since they are hydrologically connected to other wetlands and water bodies and polluting or filling even small wetlands and headwaters streams has significant downstream impacts. By EPA's own estimates would have removed protection for over 20% of the nation's waters and millions of acres of wetlands. While this is a tremendous victory, our work is not done on this issue. On the same day that the Clean Water Act Jurisdiction Rulemaking was announced (January 15, 2003), the Bush Administration issued a policy guidance instructing EPA and Corps employees to stop protecting isolated wetlands under the Clean Water Act-removing protection from over 20% of the United States wetlands. The policy guidance was effective immediately, so those waters and wetlands are still threatened by unregulated pollution, filling and destruction. The public comment period and policy guidance were in response to the Supreme Court's January, 2001 5-4 decision in the Solid Waste Agency of Northern Cook County (SWANCC) case, where the court held that wetlands they termed as "isolated" were no longer protected under the Clean Water Act based SOLELY on their use by migratory birds. Both the EPA/Corps proposed plan and the Administration's policy guidance went far beyond the Supreme Court decision by determining that these "isolated" wetlands and non-navigable intrastate waters were no longer protected under the CWA, even though the Supreme Court did not make that determination. Many thanks for your help, as it was undoubtedly due to your participation in the public comment period that made this victory possible! Meanwhile, in the U.S. Congress, an effort to reaffirm the original intent of the Clean Water Act is picking up steam! Supporters of bill numbers H.R.962 in the House,a nd S.473 in the Senate -- the Clean Water Authority Restoration Act - are working to push the measure through Congress in 2004. The Act seeks to reaffirm the goal of the 31 year old Clean Water Act, which is to maintain and provide clean, safe, swimmable and fishable water, reinstate protections for ALL waters of the United States including "isolated" wetlands that provide habitat for fish and wildlife, help with flood control, and filter pollutants from our water, making it safer for birds, wildlife and most importantly, people. You can expect to read much more on this issue in the coming year, as we work protect something as important and fundamental as the quality of our nation's waters! VICTORY! NATIONAL WIDLIFE REFUGES The National Wildlife Refuge System -- which celebrated its 100th Anniversary this year -- received a $24 million increase over last year for refuge operation and maintenance. As you know, the National Wildlife Refuge System consists of more than 530 refuges that span across 50 states, host more than 700 bird species, and are the primary habitat for about 250 threatened and endangered species. These refuges are critical for protecting our country's diverse bird and wildlife populations. But in spite of their important role, they find themselves in dire need of care: many are battling incompatible activities on and near refuge lands, inadequate water supplies, and insufficient budgets for operations, maintenance and new land acquisition. Audubon will look to Congress to continue to do more for precious bird and wildlife havens for FY04. And in a cross-cutting effort including Audubon's Public Policy office, Communications department, state offices, and chapters, a flurry of activity highlighted the importance of America's Wildlife Refuge System in the year of its 100th anniversary. In coordination with the Public Policy office, Audubon magazine included a special summer issue, "Safe Havens" that highlights the major threats to wildlife refuges as well as identifies the top ten birding locations in the System. Audubon's public policy office and communications department collaborated to bring a pro-refuges message to Delta airlines' Sky Radio, reaching more than one million passengers. An Audubon article was featured in the centennial edition of the U.S. Fish and Wildlife Service's Fish and Wildlife News. State offices and chapters around the country organized events to celebrate the centennial and encourage new attention to the System's many needs. Thank you for all you do to support wildlife refuges! VICTORY! AUDUBON'S LAND AND WATER CONSERVATION PRIORITIES: This year's Interior Appropriations Bill - the legislation that allots funding for conservation programs that impact birds, other wildlife and their habitat -- included $11.5 million for Audubon's Land and Water Conservation Fund priorities - 10 key bird and wildlife habitats as nominated by Audubon Chapters and State Offices. List and funding for each site is below. Rest assured, we'll be back in January to try for more! ARIZONA: Tumacacori National Historical Park $1,500,000; CALIFORNIA: San Diego NWR $2,000,000; FLORIDA: Suwannee Wildlife Corridor (Okefenokee NWR)$750,000; INDIANA: Patoka River NWR $500,000; MASSACHUSETTS, CONNECTICUT: Silvio O. Conte NWR, $750,000; NEBRASKA: Boyer Chute NWR, $500,000; OREGON: Pacific Northwest Streams (Suislaw National Forest), $1,875,000; TEXAS: Balcones Canyonlands National Wildlife Refuge, $2,000,000; TEXAS: Lower Rio Grande Valley NWR, $1,000,000, and WEST VIRGINIA: Canaan Valley NWR, $600,000 VICTORY! FIGHTING INVASIVE SPECIES The U.S. Congress has taken the first steps to tackling the issue of invasive species -- seemingly harmless, non-native plants or small animals that ravage native flora and fauna. They no longer face threats from their natural enemies, so they thrive -- significantly altering the ecosystem and upsetting the area's ecological balance. And their impact on birds is devastating: more than one-third of the birds on Audubon's WatchList are threatened by invasive species. Audubon launched a major new campaign this year to stop invasive species, kicked off with the release of an acclaimed new report, Cooling the Hot Spots, which calls attention to the threat to birds and the habitat on which they depend. In May, both the U.S. House and U.S. Senate took action against one of these damaging species by passing the Nutria Eradication and Control Act, a 5-year project aimed at removing the nutria from Maryland and Louisiana . The nutria is a beaver-like rodent native to South America that has devastated marshes and other habitat critical for the survival of a number of threatened, endangered, and Audubon WatchList species. The Senate has also taken action on another invasive species bill, the Noxious Weed Control Act - a measure that creates a 5-year program, providing up to $100 million per year to combat and control invasive weeds on public and private lands. We'll continue to work with Congress to pass this measure, and continue to tackle the growing problem of invasive species! To learn more, visit our special website at www.stopinvasives.org VICTORY! EVERGLADES RESTORATION Audubon and our partners succeeded in convincing Congress to add legislative language to the Interior and Energy and Water spending bills that ensures that the State of Florida complies with state and federal water quality standards. This conditioning language was a direct result of the negative amendments adopted by the Florida State Legislature that delay by ten years the deadline for enforcing water quality in the Everglades. In order to restore public confidence in Everglades restoration, Congress has applied conditions to federal funding for Everglades restoration that must be met in order for the funds to be released. The U.S. Congress also maintained its 2000 commitment to restore America's Everglades by allotting over $170 million in federal funding for fiscal year 2004, including $45 million for the Comprehensive Everglades Restoration Plan. MAKING GAINS POPULATION & HABITAT Congress set its final funding levels for programs and services included within the Foreign Operations Appropriations bill for FY04, and this includes funding for international family planning programs - programs that help the environment by helping people. Congress passed $466 million for international family planning programs -- that's $14 million less than the level passed last year! And while we are disappointed and committed to reversing this outcome next year, Congress did fund two additional programs that will provide significant benefits to protect critical migratory bird and wildlife habitat overseas. First, Congress allotted $2.4 billion for FY04 to help reduce HIV/AIDS infection rates in the developing world, 20% for prevention services. Without improved access to prevention services, the twin burdens of sickness and population growth threaten to reverse the economic and development gains made in developing countries. And when developing countries falter, pressure increases to expand forest destruction and mining, which in turn wipes out critical habitat for species such as the Congo Owl and the great apes. Congress also secured $1 billion for the Millennium Challenge Corporation -- a new federal agency to generate economic development in the developing world. Strong economies are critical to the long-term survival of birds, wildlife and the habitat they need to survive. When people are prospering, they think long-term and make investments in environmental protection that range from sustainable agriculture and forestry to sewage treatment plants, clean air and national parks. We'll be back in 2004 to see that Congress increases funding for these programs! URBAN STORMWATER On November 12th, the Senate Environment and Public Works Committee allotted $958 million dollars over six years for nationwide efforts to control pollution from roads, buildings, driveways and lawns - referred to as "urban stormwater." As you know, urban stormwater is the technical name for rainwater washing over dirty surfaces like roads and sidewalks, flushing cigarette butts, pieces of paper or plastic bags, detergents, oils and fertilizers, and drips of gasoline directly into our streams, rivers and beach areas, after traveling through stormwater drains. Stormwater runoff causes impaired water quality and nutrient pollution in the bays or estuaries that the runoff flows into. Nutrient pollution can result in low levels of dissolved oxygen that result in fish kills and die-offs of submerged aquatic plants that are vitally important to the survival of so many aquatic species and waterfowl. It's a growing problem local and state governments are beginning to face. Setting aside new federal dollars for stormwater programs is a big first step! The full Senate is expected to take up the measure in 2004 - and we'll be counting on your support to help encourage the Senate to push this through! UPPER MISSISSIPPI RIVER Earlier this year, the U.S. House of Representatives passed legislation help restore the Upper Mississippi River and thereby restore and protect the declining populations of birds and other wildlife once abundant in area. The bill funds a multi-year study of soil erosion and agricultural run-off in the northern basin of the Mississippi River. The study will identify means of preventing further buildup of sediments and nutrients that have reduced wetland habitat on the river and cut off a vital lifeline for a wide variety of fish and waterfowl. It directs the U.S. Geological Survey to lead the research, developing a computer network to identify where sediments and runoff enter the river. The House passed a similar bill in the 107th Congress, however, the Senate failed to take any action. We'll need your help to ensure the same does not happen in the 108th Congress! HIGHLANDS STEWARDSHIP ACT On November 21, the U.S. House of Representatives passed legislation allotting $100 million for land conservation in the Highlands region of Connecticut, New Jersey, New York and Pennsylvania. The Highlands Conservation Act, bill number H.R.1964, not only provides critical habitat for 247 threatened or endangered species, is a vital watershed that supplies drinking water to 15 million people, but is also a recreation area that receives 14 million visitors each year. However, a number of factors, including population growth, land use pattern, fragmentation of forests threaten the region, specifically the availability and quality of water, and wildlife habitat. H.R.1964 secures funding to protect and restore the region's resources, working with state and local experts and agencies. The measure now awaits Senate action, and we'll be working to ensure they do indeed take action on this bill in 2004! NORTH AMERICAN WETLANDS CONSERVATION ACT (NAWCA) This program, aimed at building public-private partnership to restore and manage wetlands habitat for migratory birds and other wildlife, was a prime candidate to have its funding cut significantly in 2003. However, due in large part to your active participation, Congress maintained the $38 million funding level for this species saving program! Since it's creation in 1989, NAWCA has funded over 1,100 projects, covering more than 9 million acres in all 50 states, Canada and Mexico, making it one of the most successful conservation programs in our nation's history. As this is a program that must be funded each and every year, we'll undoubtedly need your help to maintain and if at all possible increase funding for this program in 2004! AUDUBONERS WEIGH-IN FAST & FURIOUS The U.S. Congress wasn't the only shop in Washington, D.C. keeping Audubon and our partners in conservation busy this year! In 2003, we called on you to take action in 12 separate public comment periods where government agencies such as the U.S. Fish & Wildlife Service, U.S. Department of Agriculture, Environmental Protection Agency, Federal Communications Commission and U.S. Forest Service were looking to make significant changes to existing federal policies, laws and regulations impacting birds and critical habitat. In some cases, we could give you no more than 24 hours to take action - and you did! In some cases, we could give you no more than 24 hours to take action - and you did! While we still wait for the official results of a good number of these comment periods, we know that Auduboners weighed-in on each and every one - and we thank you for your participation! BACKROOM DEALS SHORT-CHANGE ENVIRONMENT, GENERAL PUBLIC While we celebrate our victories, it was also a year where we saw first-hand the political prowess of a small handful of special interests. Through their politically powerful allies on Capitol Hill, a number of environmentally-destructive proposals were passed - including far too many measures that should have been voted on individually by the full House and Senate, but were not. Rather, they were agreed to via backroom deals, and hidden deep in enormous funding measures. While Audubon and our partners in conservation do our best to prevent measures like these from passing, we do not always have the resources to do so. Here's a list of those issues a handful of lawmakers worked through Congress this year, and that we'll fight to overturn, or de-fund in the coming year! · Passed a forest-fire fighting initiative that's big on clear cuts for timber companies but short on preventing fires near the forest communities that need the most help. · A proposal that makes it more difficult for citizens to challenge road building and logging plans in the Tongass National Forest. · The elimination of a 14-year moratorium on offshore drilling in the Bristol Bay in Western Alaska, an area renowned for its magnificent wildlife, including bald eagles and puffins · Giving the U.S. Forest Service the authority to release companies from timber sales contracts, which basically allows timber companies to rebid on the same logging projects at a lower price. · Waiving the National Environmental Policy Act (NEPA) review of grazing on public lands, and allows logging in the Kootenai and Flathead National Forests without NEPA or Clean Water Act compliance. · Granting the U.S. Department of Defense exemptions from adhering to portions of the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA.) · Providing the fist installment in the $181 million Yazoo Pumps project in Mississippi - a project that will destroy more than 200,000 acres of prime wetlands for the benefit of a handful of special interests. · Instructing the U.S. Army Corps of Engineers to use previously appropriated funds to proceed with construction of water-withdrawal features for the Grand Prairie Area Demonstration (Irrigation) project in Arkansas. These actions open the door to construct a pump that would suck more than 100 billion gallons of water out of the Lower White River - critical habitat for endangered and threatened species. · Calling on the Bureau of Reclamation to expedite its modifications to the Yuma Desalt plant in Arizona - a plant that was shut down in 1992 after only seven months of operation due to excessive cost (some $200 million) and very limited water. · Exempting two water projects in New Mexico from adhering to portions of the Endangered Species Act for two years. · Nullifying the outcome of the King Cove Road, Alaska public comment period held in September by mandating the adoption of a specific alternative that allows a road to be built through the Izembeck National Wildlife Refuge. Rest assured we will be back to fight these and any similar proposals in 2004 and beyond. In the meantime, we'd like to thank you once again for all of your hard work and effort! Stay tuned for our special January Legislative Lookout issue of the Audubon Advisory! Audubon Advisory Audubon Public Policy Division 1150 Connecticut Avenue N.W., Suite 600 Washington, D.C. 20036 1-800-659-2622 audubonaction@xxxxxxxxxxx You are subscribed to Chapter-Communicator. To unsubscribe, send email to chapter-communicator-request@xxxxxxxxxxxxx with 'unsubscribe' in the Subject field. To adjust other settings (vacation, digest, etc.) please visit, //www.freelists.org/list/chapter-communicator.