Senate clears Interior bill, stopgap funding

The Senate on Thursday sent President Obama the $32.2 billion fiscal 2010 Interior-Environment Appropriations bill that includes a continuing resolution that would fund the federal government at fiscal 2009 levels through Dec. 18.

Senate action on the bill, approved 72-28, came hours after the House passed the package, 247-178.

Final approval of the bill came after the Senate defeated a point of order raised by Sen. John McCain, R-Ariz., that the measure breaks a Senate rule because the CR was not initially part of the Senate or House versions. To pass the measure, 60 senators needed to vote to waive the rule. The vote was 60-40.

During floor debate, Senate Interior-Environment Appropriations Subcommittee Chairwoman Dianne Feinstein, D-Calif., said negotiations with the House were difficult, but "as a result ... I think though we have produced a bill that is fair, balanced and workable."

The bill provides $4.7 billion more than fiscal 2009 and includes about $11 billion for Interior Department programs and $10.3 billion for the EPA.

To date, Congress has sent Obama five of the 12 annual spending bills, including the Interior measure. But as the end of the year approaches, lawmakers are talking more about the possibility of having to finish the fiscal 2010 appropriations process with an omnibus. The House has finished work on all 12 bills, while the Senate has gotten through seven measures.

Senate Appropriations Committee Chairman Daniel Inouye, D-Hawaii, said on Thursday the Senate next week will continue its efforts to pass the $64.9 billion, fiscal 2010 Commerce-Justice-Science Appropriations bill and look to take up the $133.9 billion Military Construction-VA measure.

Inouye blamed Republicans for delaying progress on spending bills, including failing to win the 60 votes needed to cut off debate on the C-J-S measure almost two weeks ago.

"Because of this [delay] approach we find ourselves in need of passing another continuing resolution," said Inouye who warned that, "Without cooperation we will no doubt be forced to return to an omnibus-type approach."

Sen. Jeff Sessions, R-Ala., who opposed the Interior-Environment bill, citing its 17 percent increase over fiscal 2009, said, "I don't think its obstructive or an effort to delay to try to make sure that those bills spend the taxpayers' money at a reasonable level."

One issue that held up negotiations was whether the Senate would agree to a House provision to make permanent a requirement that a prevailing wage be paid on wastewater and drinking water projects built under the Clean Water and Drinking Water State Revolving fund programs.

A compromise was reached once Senate Republicans agreed to limit the Davis-Bacon provision to fiscal 2010.

Another issue was settled after the Senate agreed to accept a House provision to exempt manure management systems for one year from having to report their greenhouse gas emissions under a proposed EPA rule.

The Senate agreed to accept a provision at the behest of Great Lakes lawmakers -- including House Appropriations Committee Chairman David Obey, D-Wis., -- to exempt 13 Great Lakes steamships from an EPA rule requirement that they use cleaner fuel.

Obey on Thursday argued that the exemption is needed because the fuel switch could cause the ships' boilers to explode and would prevent a serious hit to the regional economy. The bill also calls on the EPA to consider granting waivers for a separate category of Great Lakes ships that run on diesel fuel.

House Republicans were critical of the provision, which they said was "airdropped" into the agreement because it was not part of the House or Senate bill, and they cited clean air groups who claimed the provision would contribute to respiratory ailments in the region.