NOR'WESTER NEWSLETTER ISSUE #316                                                  

masthead

December 17, 2008

In This Issue:
Judge Redden postpones BiOp arguments
PNWA meets with Congressional and agency staff in Washington DC on stimulus, FY2009 appropriations, short sea shipping
Port of Garibaldi seeks Port Manager
Judge Redden postpones BiOp arguments
 
Judge Redden reset the hearing date for oral arguments on the validity of the 2008 BiOp. Originally scheduled for January 16th, the hearing will now be held at 9:30 am, February 20th at the Oregon District Court in Portland.
 
The postponement was necessary to allow the court to review all of the materials submitted by the plaintiffs, Oregon and the Nez Perce Tribe. Hundreds of pages of declarations were filed in support of their claim that the BiOp is illegal. The federal government and defendant intervenors argued that the declarations constituted new information that was not part of the record on which the BiOp was based. Judge Redden ruled that the declarations would be accepted. He not only needs time to read the declarations, but he will also need time to review the federal defendants'reply, which is due by February 19th.
                                        
The plaintiffs have also filed a motion for summary judgment that would set the terms for ongoing river operations if the BiOp is ruled invalid. If Judge Redden rules that the BiOp is invalid, he will set the schedule for addressing that motion, as well as 2009 river operations, at the close of the hearing. If he rules in favor of the BiOp, that motion would be moot. Plaintiffs and Oregon are seeking drawdown to MOP at John Day and the other three maintstem Columbia River dams. The Nez Perce are seeking the consideration of dam breaching.
 
PNWA is actively engaged in this lawsuit, managing the Inland Ports and Navigation Group (IPNG). IPNG represents navigation interests intervening in the case. IPNG filed a reply supporting the BiOp and detailing legal reasons why navigation must be maintained regardless of the Judge's decision on the BiOp.
 
PNWA contact: Glenn Vanselow
PNWA meets with Congressional and agency staff in Washington DC on stimulus, FY2009 appropriations, short sea shipping
 
PNWA staff traveled to Washington DC the first week of December to touch base with the Northwest delegation and other decision-makers now that the election season has concluded and transition planning has begun.  PNWA met with staff for the following Senators and House members from Oregon, Washington and Idaho, committees and federal agencies:

Sen. Crapo
Sen. Murray
Sen. Wyden
Rep. Baird
Rep. Blumenauer
Rep. DeFazio
Rep. Larsen
Rep. Simpson
Rep. McMorris-Rodgers
Rep. Walden
Senate Environment & Public Works Committee
U.S. Army Corps of Engineers HQ
U.S. Maritime Administration (MARAD)
DC representative for State of Oregon
American Waterways Operators

Given the current economic uncertainty as well as the coming changes in the Administration and Congress, we reviewed PNWA's 2009 priorities for navigation funding and policy, regulatory policy, and discussed how we might best be a resource to our colleagues in DC for the coming year.  We discussed potential stimulus packages with Congressional staff and Corps officials, and expressed our strong support for navigation to be included when "infrastructure" in considered.  We learned that any navigation funding that is provided would be directed to the Corps in a programmatic fashion, meaning it would not be earmarked for specific projects.  Highway funding would be handled in a similar fashion, but would be handed out to the state DOTs for eventual dispersal to appropriate projects.  PNWA members will remember that in October, the House passed an infrastructure stimulus package that included roughly $30 billion, though the proposal stalled in the Senate.  It is now being reported that House T&I Committee chairman Jim Oberstar (D-MN) is crafting a larger package that could move through Congress and be ready for President Obama's signature on January 20th.
 
We also learned that the FY2009 energy & water appropriations package is being conferenced at the staff level, and could be completed in time for President Obama to sign into law in late January.  We advocated for the highest possible levels of funding for PNWA's supported Northwest navigation projects.  A complete list of these projects can be found at www.pnwa.net.
 
We had the opportunity to meet with MARAD leadership to learn more about their request for short sea shipping/Marine Highway proposals (see Nor'wester #315).  PNWA learned that this program may provide opportunities for navigation interests to work more closely with the Department of Transportation in the future, and be more integrated into conversations regarding congestion mitigation, improved air quality, reduced energy consumption, infrastructure construction and maintenance savings, improved safety, and long-term economic viability.  MARAD also desires that designated Marine Highway projects be eligible for support from the DOT, though this element has not been finalized as yet.  We provided information about current Northwest inland and coastwise shipping, and noted that the Port of Portland is currently crafting a Columbia/Snake/Willamette Marine Highway proposal.
 
PNWA staff contact: Kristin Meira
Port of Garibaldi seeks Port Manager
 
The Port of Garibaldi is currently seeking a Port Manager. Located on Tillamook Bay on the northern Oregon Coast, the Port manages a harbor and a marina consisting of 277 moorage slips and a 300-foot transient moorage guest dock.  The Port owns approximately 15 acres of harbor and industrial lands, and has 35 property leases.  The Port District consists of approximately 250 square miles, including three incorporated cities and surrounding areas.  Qualified candidates must have an understanding of the role of public/private partnerships in local economic development, as well as of public budgeting, public meetings and records law, staff management, and working with boards, commissions, and community or advisory groups. 
 
For more detailed information, go to the "Classified" section at the Special Districts Association of Oregon's web site, located at www.sdao.com.   Applications must be submitted by February 15, 2009.
PNWA Contact: Heather Kenneson