Recent Developments

Date01 September 2010
40 ELR 10922 ENVIRONMENTAL LAW REPORTER 9-2010
RECENT DEVELOPMENTS
In the Congress
“In t he Congress” entries cover activities reported in the Congressional Record from July 1, 2010, through July 31, 2010.
Entries are arranged by bill number, with Senate bills listed rst. “In t he Congress” covers all environment-related bills that
are introduced, reported out of committee, passed by either house, or signed by the president. “In the Congress” also covers
all environmental treaties ratied by the Senate. is material is updated monthly. For archived materials, visit http://www.
elr.info/NewsAnalysis/archive.cfm.
Public Laws
S. 1660 (formaldehyde emissions),
which amends TSCA to reduce the emis-
sions of formaldehyde from composite
wood products, was signed into law on
July 7, 2010. Pub. L. No. 111-199, 156
Cong. Rec. D768 (daily ed. July 12,
2010).
Chamber Action
S. 3372 (vessel discharge), which would
modify the date on which the Ad min-
istrator of EPA and applicable states
may require permits for discharges from
certain vessels, was passed by the Senate,
156 Cong. Rec. S5867 (daily ed. July 14,
2010), and the House, 156 Cong. Rec.
H6428 (daily ed. July 29, 2010), clearing
the measure for the president.
S. Res. 588 (oil spill), which would
recognize the economic and environ-
mental impacts of the British Petroleum
oil spill on the people of the Gulf Coast
and their way of life and urge British Pe-
troleum to give all due consideration to
oers of assistance, products, or services
from the states directly impacted by the
Deepwater Horizon oil spill, was passed
by the Senate. 156 Cong. Rec. S6037
(daily ed. July 20, 2010).
H.R. 689 (land u se), which would in-
terchange the admini strative jurisdiction
of certain federal la nds between the U.S.
Forest Service and BLM, was pa ssed in
the House and cleared for the White
House. 156 Cong. Rec. H5514 (daily ed.
July 13, 2010).
H.R. 1796 (carbon monoxide), which
would amend the Consumer Product
Safety Act to require residential carbon
monoxide detectors to meet the appli-
cable ANSI/UL sta ndard by treating that
standard as a consumer product sa fety
rule and encourage states to requi re the
installation of such detectors in homes,
was passed by the House. 156 Cong.
Rec. H6190 (daily ed. July 28, 2010).
H.R. 2693 (oil spill), which would
amend Title VII of the Oil Pollution
Act of 1990 to direct the president to
establish the Federal Oil Spill Research
Committee as an interagenc y committee
to coordinate a comprehensive federal
oil spill research program a nd complete
a research assessment on the status of oil
spill prevention and response capabili-
ties, was passed by the House. 156 Cong.
Rec. H5869 (daily ed. July 21, 2010).
H.R. 2864 (A rctic), which would
amend the Hydrographic Services Im-
provement Act of 1998 to authorize
funds to acquire hydrographic data a nd
provide hydrographic services specic to
the Arctic for safe navigat ion, delineating
the U.S. extended continental shelf, and
the monitoring and description of coastal
changes, was pa ssed by the House. 156
Cong. Rec. H5576 (daily ed. July 14,
2010).
H.R. 3534 (minerals ma nagement),
which would consolidate administra-
tion of various federal energy minera ls
management and leasing progra ms into
one entity to be known as the Oce of
Federal Energy and Minera ls Leasing
of the DOI, was passed by the House.
156 Cong. Rec. H6493, H6498, H6555
(daily ed. July 30, 2010).
H.R. 3923 (land use), which would pro-
vide for the exchange of certa in land lo-
cated in the Arapaho-Roosevelt National
Forests in the state of Colorado, was
passed by the House. 156 Cong. Rec.
H5506 (daily ed. July 13, 2010).
H.R. 3989 (land use), which would
authorize the Secretar y of the Interior to
conduct a special resource study to de-
termine the suitability and fea sibility of
adding the Heart Mountain Relocation
Center in the state of Wyoming as a unit
of the National Park System, was passed
by the House. 156 Cong. Rec. H5512
(daily ed. July 13, 2010).
H.R. 4438 (la nd use), which would
authorize the Secretar y of the Interior
to enter into an agreement to lease space
from a nonprot group or other govern-
ment entity for a park headquarters at
San Antonio Missions National Histori-
cal Park, to expand the bounda ry of the
park, and to conduct a study of potential
land acquisitions, was passed by t he
House. 156 Cong. Rec. H5511 (daily ed.
July 13, 2010).
H.R. 4514 (land use), which would
authorize the Secretar y of the Interior to
conduct a special resource study to de-
termine the suitability and fea sibility of
designating the Colonel Charles Young
Home in Xenia, Ohio, as a unit of the
National Park System, was passed by the
House. 156 Cong. Rec. H5508, H5517
(daily ed. July 13, 2010).
H.R. 4658 (federal la nd), which would
authorize the conveyance of a small
parcel of National Forest System land
in the Cherokee National Forest and
authorize the Secretar y of Agriculture to
use the proceeds from that conveyance
Copyright © 2010 Environmental Law Institute®, Washington, DC. reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120.
9-2010 NEWS & ANALYSIS 40 ELR 10923
to acquire a parcel of land for inclusion
in that national forest, was pa ssed by the
House. 156 Cong. Rec. H6259 (daily ed.
July 28, 2010).
H.R. 4686 (la nd use), which would
authorize the Secretar y of the Interior
to study the suitability and feasibility
of designating prehistoric, historic, and
limestone forest sites on Rota, Northern
Mariana Island s, as a unit of the Na-
tional Park System, was passed by the
House. 156 Cong. Rec. H5509 (daily ed.
July 13, 2010).
H.R. 4773 (land use), which would
authorize the Secretar y of the Interior to
lease certain l ands within Fort Pulask i
National Monument, was passed by the
House. 156 Cong. Rec. H5513, H5519
(daily ed. July 13, 2010).
H.R. 4973 (wildlif e refuges), which
would amend the Fish and Wildlife Act
of 1956 to reauthorize volunteer pro-
grams and community pa rtnerships for
national wildlife ref uges, was passed by
the House. 156 Cong. Rec. H5515 (daily
ed. July 13, 2010).
H.R. 5156 (energy), which would pro-
vide for the establishment of a Clean
Energy Technology Manufacturing a nd
Export Assista nce Fund to assist U.S.
businesses with exporting clean energy
technology products and service s, was
passed by the House. 156 Cong. Rec.
H6179 (daily ed. July 28, 2010).
H.R. 5414 (federal land), which would
provide for the conveyance of a small
parcel of National Forest System land
in the Francis Marion National Forest
in South Carolina, was pa ssed by the
House. 156 Cong. Rec. H6485 (daily ed.
July 30, 2010).
H.R. 5669 (federal l and), which would
direct the Secretar y of Agriculture to
convey certain federally owned land lo-
cated in Story County, Iowa, was passed
by the House. 156 Cong. Rec. H6260
(daily ed. July 28, 2010).
H.R. 5716 (oil and gas exploration),
which would provide for enhance-
ment of existing eorts in support of
research, development, demonstration,
and commercial application activities
to advance technologies for the safe and
environmentally responsible exploration,
development, and production of oil and
natural gas re sources, was passed by the
House. 156 Cong. Rec. H5874 (daily ed.
July 21, 2010).
Committee Action
S. 3516 (outer continental shelf ) was
reported by the Committee on Energy
and Natural Resource s. S. Rep. No. 111-
236, 156 Cong. Rec. S6397 (daily ed.
July 27, 2010). e bill would amend the
Outer Continental Shelf Lands Act to
reform the management of energy and
mineral resources on the outer continen-
tal shelf.
S. 3635 (energy and water develop-
ment) was reported by the Appropria-
tions Committee. H. Rep. No. 111-228,
156 Cong. Rec. S6200 (daily ed. July 23,
2010). e bill would make appropria-
tions for energy and water development
and related agencies for the scal year
ending September 30, 2011.
H.R. 1796 (carbon monoxide) was
reported by the Committee on Energy
and Commerce. H. Rep. No. 111-573,
156 Cong. Rec. H6162 (daily ed. July
27, 2010). e bill would amend the
Consumer Product Safety Act to require
residential carbon monoxide detectors to
meet the applicable ANSI/UL sta ndard
by treating that standard as a consumer
product safety rule, and encourage states
to require the installat ion of such detec-
tors in homes.
H.R. 2693 (oil spi ll) was reported by
the Committee on Science and Technol-
ogy. H. Rep. No. 111-553, 156 Cong.
Rec. H5919 (daily ed. July 21, 2010).
e bill would a mend Title VII of t he
Oil Pollution Act of 1990 to direc t
the president to establish the Federa l
Oil Spill Res earch Commit tee as an
interagency c ommittee to coordi nate a
comprehensive federa l oil spill rese arch
program and c omplete a researc h assess-
ment on the status of oil spill prevention
and response c apabilities.
H.R. 3534 (minerals ma nagement) was
reported by the Committee on Natural
Resources. H. Rep. No. 111-575, 156
Cong. Rec. H6282 (daily ed. July 28,
2010). e bill would consolidate admin-
istration of various federal energy miner-
als management and leasing programs
into one entity to be known as the Oce
of Federal Energy and Minerals Leasing
of the DOI.
H.R. 3923 (land use) was reported by
the Committee on Natural Resou rces.
H. Rep. No. 111-525, 156 Cong. Rec.
H5545 (daily ed. July 13, 2010). e bill
would provide for the exchange of cer-
tain land located in the A rapaho-Roos-
evelt National Forests in the state
of Colorado.
H.R. 4773 (land use) was reported by
the Committee on Natural Resou rces.
H. Rep. No. 111-530, 156 Cong. Rec.
H5545 (daily ed. July 13, 2010). e bill
would authorize the Secretar y of the In-
terior to lease to the Savannah Bar Pilots
Association or a successor organization
up to 30,000 square feet of land and
improvements in Fort Pulaski National
Monument in Georgia that has been
used continuously by the association
since 1940.
H.R. 4973 (wildlif e refuges) was re-
ported by the Committee on Natural
Resources. H. Rep. No. 111-531, 156
Cong. Rec. H5545 (daily ed. July 13,
2010). e bill would amend the Fish
and Wildlife Act of 1956 to reauthorize
volunteer programs and community
partnerships for national wildlife refuges.
H.R. 5301 (vessel dischar ge) was re-
ported by the Committee on Transpor-
tation and Infrastr ucture. H. Rep. No.
111-539, 156 Cong. Rec. H5674 (daily
ed. July 15, 2010). e bill would extend
the period during which the Admi nistra-
tor of the EPA and states are prohibited
from requiring a permit under §402 of
the Federal Water Pollution Control Act
for certain discharges that are incidental
to normal operation of vessels.
H.R. 5320 (water pollution) was re-
ported by the Committee on Energy
and Commerce. H. Rep. No. 111-524,
156 Cong. Rec. H5500 (daily ed. July
1, 2010). e bill would amend the
SDWA to increase assistance for states,
water systems, and disadva ntaged com-
munities, encourage good nancial and
environmental management of water sys-
tems, strengthen EPA’s ability to enforce
the requirements of the Act, reduce lead
Copyright © 2010 Environmental Law Institute®, Washington, DC. reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120.

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