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Wednesday, April 7, 2010

A U.S.-centric Chronology of the International Climate Change Negotiations

Jane A. Leggett
Specialist in Energy and Environmental Policy

Under the 2007 "Bali Action Plan," countries around the globe sought to reach a "Copenhagen agreement" in December 2009 on effective, feasible, and fair actions beyond 2012 to address risks of climate change driven by human-related emissions of greenhouse gases (GHG). The Copenhagen conference was beset by strong differences among countries, however, and (beyond technical decisions) achieved only mandates to continue negotiating toward the next Conference of the Parties (COP) to be held in Mexico City in December 2010. The COP also "took note of" (not adopting) a "Copenhagen Accord," agreed among the United States and additional countries (notably including China), which reflects compromises on some key actions. 

As background to the ongoing negotiations, this document provides a U.S.-centric chronology of the international policy deliberations to address climate change from 1979-2009. It begins before agreement on the United Nations Framework Convention on Climate Change (UNFCCC) in 1992, and proceeds through the Kyoto Protocol in 1997, the Marrakesh Accords of 2001, the Bali Action Plan of 2007, and the Copenhagen conference in 2009. The Bali Action Plan mandated the Copenhagen negotiations on commitments for the period beyond 2012, when the first commitment period of the Kyoto Protocol ends. This chronology identifies selected external events and major multilateral meetings that have influenced the current legal and institutional arrangements, as well as contentious issues for further cooperation. 

Negotiations underway since 2007 have run on two tracks: one under the Kyoto Protocol (which is subsidiary to the Convention), to extend commitments of developed, Annex I, Parties beyond 2012. This track excludes the United States, which is not a Party to the Kyoto Protocol and has said it will not join the Protocol. The second track proceeds directly under the Convention under the Bali Action Plan and focuses on five primary elements: a "shared vision" for reducing global GHG emissions by around 2050; mitigation of greenhouse gas emissions; adaptation to impacts of climate change; financial assistance to low income countries; and technology development and diffusion. Among the most difficult issues have been provisions for mutual assurance of compliance among Parties through measurement, reporting, and verification (MRV) of GHG emissions and removals, nationally appropriate mitigation actions, and financial and technical support from the wealthiest countries for adaptation, technology, and capacity-building. Some progress has been made on arrangements to reduce emissions from deforestation and forest degradation (REDD-plus). However, Parties did not reach consensus in Copenhagen on any of these elements, and the mandates for negotiation on the two tracks have been extended into 2010. The Copenhagen Accord may represent a supplemental or alternative track. Currently, the way forward remains unclear. 

Many in the U.S. Congress are concerned with the goals and obligations that a treaty or other form of agreement might embody. A particular concern regards parity of actions and trade competitiveness effects among countries. For U.S. legislators, additional issues include the compatibility of any international agreement with U.S. domestic policies and laws; the adequacy of appropriations, fiscal measures, and programs to achieve any commitments under the agreement; and the desirable form of the agreement and related requirements, with a view toward potential Senate ratification of the agreement and federal legislation to assure that U.S. commitments are met.

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Date of Report: March 30, 2010
Number of Pages: 14
Order Number: R40001
Price: $29.95

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Sunday, April 4, 2010

Changes in the Arctic: Background and Issues for Congress

Ronald O'Rourke, Coordinator
Specialist in Naval Affairs

The diminishment of Arctic sea ice has led to increased human activities in the Arctic, and has heightened concerns about the region's future. The United States, by virtue of Alaska, is an Arctic country and has substantial interests in the region. On January 12, 2009, the George W. Bush Administration released a presidential directive, called National Security Presidential Directive 66/Homeland Security Presidential Directive 25 (NSPD 66/HSPD 25), establishing a new U.S. policy for the Arctic region. 

Record low extent of Arctic sea ice in 2007 focused scientific and policy attention on its linkage to global climate change, and to the implications of projected ice-free seasons in the Arctic within decades. The Arctic has been projected by several scientists to be perennially ice-free in the late summer by the late 2030s. 

The five Arctic coastal states—the United States, Canada, Russia, Norway, and Denmark (of which Greenland is a territory)—are in the process of preparing Arctic territorial claims for submission to the Commission on the Limits of the Continental Shelf. The Russian claim to the enormous underwater Lomonosov Ridge, if accepted, would reportedly grant Russia nearly onehalf of the Arctic area. There are also four other unresolved Arctic territorial disputes. 

The diminishment of Arctic ice could lead in the coming years to increased commercial shipping on two trans-Arctic sea routes. Current international guidelines for ships operating in Arctic waters are being updated, with a targeted completion date of 2010. 

Changes to the Arctic brought about by warming temperatures will likely allow more exploration for oil, gas, and minerals. Warming that causes permafrost to melt could pose challenges to onshore exploration activities. Increased oil and gas exploration and tourism (cruise ships) in the Arctic increase the risk of pollution in the region. Cleaning up oil spills in ice-covered waters will be more difficult than in other areas, primarily because effective strategies have yet to be developed. 

Large commercial fisheries exist in the Arctic. The United States is currently meeting with other countries regarding the management of Arctic fish stocks. Changes in the Arctic could affect threatened and endangered species. Under the Endangered Species Act, the polar bear was listed as threatened on May 15, 2008. Arctic climate change is also expected to affect the economies, subsistence, health, population, societies, and cultures of Arctic indigenous peoples. 

Two of the Coast Guard's three polar icebreakers—Polar Star and Polar Sea—have exceeded their intended 30-year service lives. The Coast Guard since 2008 has been studying how many polar icebreakers, with what capabilities, should be procured as replacements for Polar Star and Polar Sea. The possibility of increased sea traffic through Arctic waters also raises an issue concerning Arctic search and rescue capabilities. 

The Arctic has increasingly become a subject of discussion among political leaders of the nations in the region. Although there is significant international cooperation on Arctic issues, the Arctic is also increasingly being viewed by some observers as a potential emerging security issue. In varying degrees, the Arctic coastal states have indicated a willingness to establish and maintain a military presence in the high north. U.S. military forces, particularly the Navy and Coast Guard, have begun to pay more attention to the region.

Date of Report: March 30, 2010
Number of Pages: 65
Order Number: R41153
Price: $29.95

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Friday, April 2, 2010

Federally Supported Water Supply and Wastewater Treatment Programs

Claudia Copeland, Coordinator
Specialist in Resources and Environmental Policy

Betsy A. Cody
Specialist in Natural Resources Policy

Mary Tiemann
Specialist in Environmental Policy

Nicole T. Carter
Specialist in Natural Resources Policy

Megan Stubbs
Analyst in Agricultural Conservation and Natural Resources Policy

Although the federal government has played a significant role in developing water quality regulations and standards for municipal and industrial (M&I) water use, it historically has provided a relatively small percentage of the funding for construction of water supply and treatment facilities for M&I uses. Yet, several programs exist to assist communities with development of water supply and treatment projects, and it appears that Congress is more frequently being asked to authorize direct financial and technical assistance for developing or treating water supplies for M&I use. 

This report provides background information on the types of water supply and wastewater treatment projects traditionally funded by the federal government and the several existing programs to assist communities with water supply and wastewater recycling and treatment. These projects and programs are found primarily within the Department of Agriculture (USDA), Department of Commerce, Department of Defense (DOD), Department of Housing and Urban Development (HUD), Department of the Interior (DOI), and the Environmental Protection Agency (EPA). 

The focus of some programs has been enlarged over the years. The Department of the Interior's Bureau of Reclamation was established to implement the Reclamation Act of 1902, which authorized the construction of water works to provide water for irrigation in arid western states. Congress subsequently authorized other uses of project water, including M&I use. Even so, the emphasis of Reclamation's operations was to provide water for irrigation. Similarly, the U.S. Army Corps of Engineers (Department of Defense) constructed large reservoirs primarily for flood control, but was authorized in 1958 to allocate water for M&I purposes. Over the past 30- plus years, Congress has authorized and refined several programs to assist local communities in addressing other water supply and wastewater problems. These programs serve generally different purposes and have different financing mechanisms; however, there is some overlap. 

Federal funding for the programs and projects discussed in this report varies greatly. For example, Congress provided $1.4 billion in FY2010 appropriations for grants to states under EPA's State Revolving Fund (SRF) loan program for drinking water facilities and $2.1 billion for EPA's SRF program for wastewater facilities; funds appropriated for the USDA's rural water and waste disposal grant and loan programs are $551 million for FY2010; HUD Community Development Block Grant (CDBG) funds (used partly but not exclusively for water and wastewater projects) are $3.95 billion for FY2010. Congress also provided $140 million for municipal wastewater and drinking water treatment environmental infrastructure projects of the U.S. Army Corps of Engineers. In contrast, Reclamation's Title 16 reclamation/recycling program received a total of $13.6 million for FY2010. 

For each of the projects and programs discussed, this report describes project or program purposes, financing mechanisms, eligibility requirements, recent funding, and the Administration's FY2011 budget request.


Date of Report: March 19, 2010
Number of Pages: 31
Order Number: RL30478
Price: $29.95

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Thursday, April 1, 2010

Environmental Protection Agency (EPA): Appropriations for FY2011

Robert Esworthy
Specialist in Environmental Policy

David M. Bearden
Specialist in Environmental Policy

Claudia Copeland
Specialist in Resources and Environmental Policy

Jane A. Leggett
Specialist in Energy and Environmental Policy

James E. McCarthy
Specialist in Environmental Policy

Mary Tiemann
Specialist in Environmental Policy

The President's FY2011 budget request, submitted to Congress on February 1, 2010, included $10.02 billion for the Environmental Protection Agency (EPA). The requested amount is a decrease below the funding level of $10.29 billion provided in the Interior, Environment, and Related Agencies Appropriations Act for FY2010 (P.L. 111-88). Compared to FY2009, the President's FY2011 request for EPA is an increase above the enacted appropriation of $7.64 billion provided in the Omnibus Appropriations Act for FY2009 (P.L. 111-8). However, when including the $7.22 billion in supplemental appropriations for EPA provided in the American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5), the total appropriation for the agency in FY2009 was $14.86 billion, exceeding both the FY2010 enacted appropriations and the President's FY2011 request. 

Although the President has proposed an overall decrease for EPA relative to the appropriations enacted for FY2010, the FY2011 budget request includes a variety of decreases and increases in funding for many of the individual programs and activities funded within the eight appropriations accounts that fund the agency. Since FY2006, Congress has funded these accounts within the Interior, Environment, and Related Agencies appropriations bill, noted above with respect to FY2010 enacted appropriations. In FY2005 and prior fiscal years, Congress appropriated funding for EPA's accounts within the former Veterans Affairs, Housing and Urban Development, and Independent Agencies appropriations bill. 

For FY2011, the President has requested the largest decrease in funding for EPA within the State and Tribal Assistance Grants (STAG) account, from $4.97 billion in FY2010 to $4.79 billion in FY2011. This account contains the largest portion of the agency's funding among the eight accounts. The majority of this requested decrease for FY2011 is attributed to a combined $200 million reduction in funding for grants that provide financial assistance to states to help capitalize Clean Water and Drinking Water State Revolving Funds (SRFs). Respectively, these funds finance local wastewater and drinking water infrastructure projects in local areas. 

The President's FY2011 request includes $2.0 billion for Clean Water SRF capitalization grants and $1.29 billion for Drinking Water SRF capitalization grants. These amounts are somewhat less than the enacted FY2010 appropriations, but are several times larger than amounts provided in the Omnibus Appropriations Act for FY2009. However, when including the supplemental funds provided in ARRA, both the FY2010 enacted appropriations and the President's FY2011 request for the SRF grants are less than the total funding made available for the SRF grants in FY2009. ARRA provided $4.0 billion in supplemental funds for Clean Water SRF capitalization grants and $2.0 billion in supplemental funds for Drinking Water SRF capitalization grants. 

In addition to the adequacy of federal financial assistance for water infrastructure, other prominent issues that have received attention within the context of EPA appropriations include the adequacy of funding for climate change research and related activities, cleanup of hazardous waste sites under the Superfund program, cleanup of less hazardous sites referred to as brownfields, and grants to assist states in implementing air pollution control requirements. Funding for the Great Lakes Restoration Initiative established in the FY2010 appropriations, and funding for the protection and restoration of the Chesapeake Bay and other geographic water programs, also have received attention. There have been varying levels of interest in funding for numerous other EPA programs and activities.


Date of Report: March 26, 2010
Number of Pages: 34
Order Number:R41149
Price: $29.95

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Drinking Water State Revolving Fund (DWSRF): Program Overview and Issues

Mary Tiemann
Specialist in Environmental Policy

The Safe Drinking Water Act (SDWA) Amendments of 1996 authorized a drinking water state revolving loan fund (DWSRF) program to help public water systems finance infrastructure projects needed to comply with federal drinking water regulations and to meet the act's health objectives. Under the program, states receive capitalization grants to make loans to public water systems (privately and publicly owned) for drinking water projects and certain other SDWA activities. Since FY1997, Congress has provided more than $13 billion for this program, including $2 billion in stimulus funding. Through June 2008, the DWSRF program had provided a total of $14.6 billion in assistance and supported 6,177 projects. 

The Environmental Protection Agency's (EPA's) latest (2007) survey of capital improvement needs for public water systems indicated that water systems need to invest $334.8 billion on infrastructure improvements over 20 years to ensure the provision of safe water. EPA reports that this amount is similar to the 2003 needs estimate of $276.8 billion ($331.4 billion when adjusted to 2007 dollars). The survey reflects continued improvement in reporting of needs for infrastructure rehabilitation and replacement, and also funding needs related to compliance with several revised regulations and security-related needs. 

Key issues related to the DWSRF program include the gap between estimated needs and funding; the growing cost of complying with SDWA standards, particularly for small communities; the ability of small or economically disadvantaged communities to afford DWSRF financing; and the broader need for cities to maintain, upgrade, and expand infrastructure unrelated to SDWA compliance. 

In the 111th Congress, drinking water infrastructure funding generally, and the DWSRF program specifically, have received attention. The American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5, H.Rept. 111-16) provided $2 billion for the DWSRF program for drinking water infrastructure projects, and $4 billion for a similar Clean Water SRF that funds municipal wastewater infrastructure projects. Under the DWSRF program, the stimulus funds are being allocated as capitalization grants to the states, which then provide financial assistance (subsidized loans and grants) to public water systems for infrastructure projects. The conference report modifies several program practices for projects receiving stimulus funds. The 111th Congress also completed FY2009 appropriations work with the Omnibus Appropriations Act, 2009 (P.L. 111-8), which included $829 million for the DWSRF program, and provided another $1.387 billion for the program for FY2010 in P.L. 111-88. In May, the Senate Environment and Public Works Committee reported, amended, S. 1005, the Water Infrastructure Financing Act, which would authorize $14.7 billion over five years for this program.


Date of Report: March 24, 2010
Number of Pages: 13
Order Number:RS22037
Price: $29.95

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