[Senate Hearing 117-504]
[From the U.S. Government Publishing Office]
S. Hrg. 117-504
A LEGISLATIVE HEARING TO EXAMINE S. 2194, THE COASTAL HABITAT
CONSERVATION ACT OF 2021, S.__, THE STRENGTHENING COASTAL COMMUNITIES
ACT OF 2022, S. 3069, THE GREAT LAKES FISH AND WILDLIFE RESTORATION
REAUTHORIZATION ACT, AND S. 3767, THE DELAWARE RIVER BASIN CONSERVATION
REAUTHORIZATION ACT
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HEARING
before the
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
SECOND SESSION
__________
JUNE 15, 2022
__________
Printed for the use of the Committee on Environment and Public Works
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
______
U.S. GOVERNMENT PUBLISHING OFFICE
49-822PDF WASHINGTON : 2023
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
ONE HUNDRED SEVENTEENTH CONGRESS
SECOND SESSION
THOMAS R. CARPER, Delaware, Chairman
BENJAMIN L. CARDIN, Maryland SHELLEY MOORE CAPITO, West
BERNARD SANDERS, Vermont Virginia,
SHELDON WHITEHOUSE, Rhode Island Ranking Member
JEFF MERKLEY, Oregon JAMES M. INHOFE, Oklahoma
EDWARD J. MARKEY, Massachusetts KEVIN CRAMER, North Dakota
TAMMY DUCKWORTH, Illinois CYNTHIA M. LUMMIS, Wyoming
DEBBIE STABENOW, Michigan RICHARD SHELBY, Alabama
MARK KELLY, Arizona JOHN BOOZMAN, Arkansas
ALEX PADILLA, California ROGER WICKER, Mississippi
DAN SULLIVAN, Alaska
JONI ERNST, Iowa
LINDSEY O. GRAHAM, South Carolina
Mary Frances Repko, Democratic Staff Director
Adam Tomlinson, Republican Staff Director
C O N T E N T S
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Page
JUNE 15, 2022
OPENING STATEMENTS
Carper, Hon. Thomas R., U.S. Senator from the State of Delaware.. 1
Capito, Hon. Shelley Moore, U.S. Senator from the State of West
Virginia....................................................... 3
Cardin, Hon. Benjamin L., U.S. Senator from the State of Maryland 4
WITNESSES
Guertin, Stephen, Deputy Director, Program Management and Policy,
U.S. Fish and Wildlife Service, Department of the Interior..... 6
Prepared statement........................................... 8
Cope, Emily, Deputy Director, Wildlife and Freshwater Fisheries,
South Carolina Department of Natural Resources................. 26
Prepared statement........................................... 29
Gray, Elizabeth, Ph.D., Chief Executive Officer and Ex-Officio
Board Director, National Audubon Society....................... 44
Prepared statement........................................... 47
LEGISLATION
S. 2194, To authorize the Secretary of the Interior, through the
Coastal Program of the United States Fish and Wildlife Service,
to work with willing partners and provide support to efforts to
assess, protect, restore, and enhance important coastal areas
that provide fish and wildlife habitat on which Federal trust
species depend, and for other purposes......................... 77
S. __, To amend the Coastal Barrier Resources Act to make
improvements to that Act, and for other purposes............... 89
S. 3069, To reauthorize the Great Lakes Fish and Wildlife
Restoration Act of 1990, and for other purposes................ 124
S. 3767, To amend the Water Infrastructure Improvements for the
Nation Act to reauthorize Delaware River Basin conservation
programs, and for other purposes............................... 126
ADDITIONAL MATERIAL
Testimony of U.S. Senators Amy Klobuchar and Rob Portman, June
15, 2022....................................................... 69
Letter to the Committee on Environment and Public Works from the
National Audubon Society et al., June 13, 2022................. 70
Letter to Senators Carper and Capito from the Coalition for the
Delaware River Watershed, June 13, 2022........................ 74
A LEGISLATIVE HEARING TO EXAMINE S. 2194, THE COASTAL HABITAT
CONSERVATION ACT OF 2021, S. __, THE STRENGTHENING COASTAL COMMUNITIES
ACT OF 2022, S. 3069, THE GREAT LAKES FISH AND WILDLIFE RESTORATION
REAUTHORIZATION ACT, AND S. 3767, THE DELAWARE RIVER BASIN CONSERVATION
REAUTHORIZATION ACT
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WEDNESDAY, JUNE 15, 2022
U.S. Senate,
Committee on Environment and Public Works,
Washington, DC.
The Committee, met, pursuant to notice, at 10 a.m. in room
406, Dirksen Senate Office Building, Hon. Thomas R. Carper
(Chairman of the Committee) presiding.
Present: Senators Carper, Capito, Cardin, Whitehouse, and
Graham.
OPENING STATEMENT OF HON. THOMAS R. CARPER,
U.S. SENATOR FROM THE STATE OF DELAWARE
Senator Carper. Good morning, everyone. I am happy to call
this hearing to order.
We welcome our witnesses.
We welcome the jury sitting back here, all these young
people in the audience. It is nice to see you guys.
Today, our Committee, the Environment and Public Works
Committee, will examine four pieces of legislation.
Collectively, they would enhance the ability of the U.S. Fish
and Wildlife Service to restore but also conserve coastal
habitats for the benefit of wildlife and people too.
The critical work implicated in each of these bills could
not be more timely. According to the United Nations, we are
experiencing an unprecedented global biodiversity decline. And
extreme weather events are causing accelerated loss of coastal
habitat, imperiling vulnerable species.
But that is not all. These coastal areas that many species
call home also protect coastal communities, homes, businesses,
and infrastructure alike. So by investing in coastal habitats,
we are investing in local economies at the same time.
One of the bills we are examining today, the Coastal
Habitat Conservation Act, would codify the Fish and Wildlife
Service Coastal Program. This voluntary program provides
technical and financial assistance to States, to Tribes, to
landowners, and to other partners to support habitat
conservation in coastal watersheds.
Since 2010, this program has enabled, just in Delaware
alone, some 66 projects. For every Federal dollar invested,
partners have contributed $7, an impressive leveraging ratio.
I want to thank both Senator Cardin and Senator Graham, who
will be joining us later, for their leadership on this
legislation, and Senator Cardin in particular for encouraging
us to hold today's hearing.
We will also consider legislation today pertaining to two
regional Fish and Wildlife Service programs. The Great Lakes
Fish and Wildlife Restoration Authorization Act would
reauthorize the Service's Great Lakes Program. This program has
provided funding for research and restoration projects in the
Great Lakes since 1998. That is before a number of our guests
out here today were born.
The Delaware River Basin Conservation Reauthorization Act
would reauthorize the Service's Delaware River Basin Program.
This program has successfully brought Federal along with State
and local governments together with regional partners to
identify, to prioritize, and to implement restoration
activities within the Basin.
I would like to note that the Fish and Wildlife Service has
done an exceptional job of getting this program off the ground
since Congress authorized it in 2016. Recent grants from the
Service are already being put to work in Delaware enhancing
pollinator habitats and improving fish passage and restoring
our wetlands.
Last but not least, today we will consider draft
legislation that amends the Coastal Barrier Resources Act and
codifies maps to add units to the Coastal Barrier Resources
System. This program protects sensitive habitats, and in doing
so saves taxpayers dollars by restricting the use of Federal
funding in those areas.
The bipartisan Coastal Barrier Resources Act became law in
1982, the year I was elected to serve in the U.S. House of
Representatives. It became law in 1982, in no small part due to
the hard work of my predecessor, Congressman Tom Evans from
Delaware. And I am glad to carry on his important work.
As I mentioned earlier today, the benefits of coastal
restoration are well documented. After Hurricane Sandy, the
Fish and Wildlife Service received funding for large scale
restoration activities to remediate habitat damage and to
improve resiliency. The Service spent some of this much needed
funding to restore Fowler Beach in Prime Hook National Wildlife
Refuge, one of our two national wildlife refuges in Delaware.
As a result of that project's completion more than 6 years
ago, record numbers of piping plovers are nesting on our
beaches. And he community resiliency benefits are just as
impressive. The homes and infrastructure surrounding Fowler
Beach which had flooded in nearly every major rain event in the
years before the completion of this project no longer flood.
That is what we call in our State a real win-win.
In addition to advancing the legislation before our
Committee today, I believe we should also undertake these types
of large scale restoration activities ahead of the next storm,
instead of in response to it. Doing so would make our coastal
communities even more resilient and better able to withstand
extreme weather events in the face of a changing climate.
Just as our Committee has agreed that an ounce of
prevention is worth a pound of cure when it comes to our goals
for conserving species, the same is true of building resiliency
in our Nation's coastal communities. The Fish and Wildlife
Service has demonstrated that we can and we should tackle these
important goals together. This is evident from their successful
work not just in the First State but in many other States as
well.
While what we have experienced in Delaware is the rule, not
the exception. When we restore and conserve habitat, we also
protect communities and support local economies. I hope that
our colleagues and our distinguished panel of witnesses will
highlight their similar experiences. And we look forward to
hearing from all of you.
Before we do, though, let me turn to our Ranking Member,
Senator Capito, for her opening remarks.
Senator Capito.
OPENING STATEMENT OF HON. SHELLEY MOORE CAPITO,
U.S. SENATOR FROM THE STATE OF WEST VIRGINIA
Senator Capito. Thank you, Chairman Carper, and thank all
of our witnesses for coming today. I look forward to hearing
from each one of you.
When considering our Nation's natural resources and all
that our beautiful country has to offer, it is important to
consider the importance of our coastal communities and foster
programs that protect those resources while also supporting
economic growth. We are lucky on this Committee to have much
representation from our coastal States.
We are here today to examine a number of bills that would
affect our coastal communities and the programs established to
conserve and protect those areas. The Coastal Habitat
Conservation Act of 2021 introduced by my colleagues, Senators
Cardin and Graham, provides statutory authority for the U.S.
Fish and Wildlife Coastal Program, as the Chairman said,
originated in appropriations language in 1985.
The Coastal Program works through partnerships to protect,
restore, and enhance important coastal areas that provide fish
and wildlife habitat. I want to thank Senator Graham for
inviting our witness Emily Cope, from the South Carolina
Department of Natural Resources, for their support for
partnership programs that encourage conservation of these
areas.
Next on the agenda is Chairman Carper's draft legislative
text, the Strengthening Coastal Communities Act of 2022, which
would amend the Coastal Barrier Resources Act, or CBRA, and
codify changes to the John Chafee Coastal Barrier Resources,
CBRS, maps. In the past, these maps have been codified in a
bipartisan manner. In 2018, 35 revised maps were adopted with
the bipartisan support of this Committee. That compilation of
maps was the largest legislative update to the CBRS since 1990.
In addition to codification of maps, the legislation we are
looking at today would make programmatic changes to the CBRA
program. As we learn more about the proposed amendments to the
CBRA, it is important to me that we maintain the bipartisan
approach to updating CBRA that the Committee has followed in
the past.
We will also consider the Great Lakes Fish and Wildlife
Restoration and Reauthorization of 2021, which would
reauthorize that underlying statute through fiscal year 2027 to
fund projects to conserve Great Lakes fish and wildlife
habitat.
Finally, we will consider the Delaware River Basin
Conservation Reauthorization Act of 2022 that the Chairman
spoke about, which would reauthorize the Delaware River Basin
Restoration Grant Program through 2030 and makes a number of
changes to the program. I think the Chairman is aware, we have
made him aware, that we have heard some concerns on this bill,
specifically, that it fails to address some of the regulatory
overreach of the Delaware River Basin Commission.
The concerns are that commission has overstepped its
intended role as coordinator and clearinghouse for State and
Federal stakeholders in the Delaware Basin by taking actions to
ban the development of natural gas in the commission's
footprint, a troubling precedent. Indeed, the commission's
claim to regulatory authority is rooted in a statute enacted
before the passage of the Clean Water Act or even the creation
of the EPA.
At a time when we are seeking to increase our natural gas
production to meet domestic and international demands, it is
worth the Senate reviewing whether the commission has assumed
for itself a regulatory role that is out of step with our
current environmental statutes and policy needs. As we examine
each of the four pieces of legislation before us today, I look
forward to hearing more about the programs that you support and
working toward bipartisan solutions.
Again, I thank the Chairman for this hearing.
Senator Carper. I have just spoken with Elizabeth Grace
Mabry. She thinks we may be conflating two different items that
have very similar names. But we will get to the bottom of that
and try to straighten this out.
Senator Capito. Sounds good.
Senator Carper. Thanks so much.
Before I introduce Mr. Guertin, our first witness on panel
one, all by himself, I want to turn to our colleague without
whom we probably wouldn't be here today.
Senator Cardin, thank you for your leadership on these
issues.
OPENING STATEMENT OF HON. BENJAMIN L. CARDIN,
U.S. SENATOR FROM THE STATE OF MARYLAND
Senator Cardin. To our Chairman and Ranking Member, thanks
for scheduling the hearing on these four very important bills.
I thank you.
One of the things I really enjoy about this Committee is
that we do work together, Democrats and Republicans, to advance
the agenda of the Environment and Public Works Committee. And
today is no exception.
I am very proud to partner with Senator Graham on the
Coastal Habitat Conservation Act. I can point to so many areas
where this has been beneficial in the Chesapeake Bay Watershed.
As the Chairman pointed out, this is a voluntary program
that provides the services of Fish and Wildlife for the
planning, protection, and restoration of public and private
lands on our coastal habitat.
Mr. Chairman, I can point to so many examples of where this
program has been instrumental in helping us achieve our
objectives in the Chesapeake Bay Watershed. I could point to
the fact that we have been able to deal with habitat
restoration for Federal trust species; the DelMarVa fox
squirrel is doing very well, thanks to the help of this
program.
We can point to the fact that our nutria population on the
Eastern Shore is just about zero, which is critically important
to protecting our wetlands. We can point to wetlands
restoration from Blackwater throughout our watershed. We can
point to our coastal cities, including Annapolis, that have
benefited from these programs. We can point to the oyster beds
that are now coming back as a result of the help from these
programs. There are so many examples that we could give.
I take pride because the Fish and Wildlife Service started
with the Chesapeake Bay but it is now a national program and a
very effective national program. This legislation would codify
and authorize at a level slightly higher than the President's
fiscal year 2023 budget. The fiscal year 2023 budget is $16
million. We are suggesting reauthorizing it at $20 million,
growing to $25 million.
I thank the Chairman and Ranking Member for their help in
putting together this legislation, and I look forward to our
witnesses.
Senator Carper. Senator Cardin, thank you so much. Thank
you so much.
We have two panels today. The first panel is a one person
panel. And I want to welcome Stephen Guertin, who is currently
serving as the Deputy Director for Program Management and
Policy at the U.S. Fish and Wildlife Service. Mr. Guertin has
been a public servant for over 30 years, almost all of his
life. He started to work at the Department of Interior in 1989,
and later the Fish and Wildlife Service, where he has held
several leadership positions.
He also served in the United States Marine Corps for 8
years, and we want to thank you for your service, and thank you
for joining us today. I am a retired Navy captain, and we have
Dan Sullivan, who is from Alaska, who is a Marine colonel. So
Navy and Marine Corps welcome you here today.
I like to say the Navy and Marine Corps have a friendly
rivalry. I like to say different uniforms, same team. So we
welcome you before this team here today.
You may begin your testimony when you are ready. The
Committee will then proceed with asking you some questions
before we move on to our second panel. Please proceed.
STATEMENT OF STEPHEN GUERTIN, DEPUTY DIRECTOR, PROGRAM
MANAGEMENT AND POLICY, U.S. FISH AND WILDLIFE SERVICE,
DEPARTMENT OF THE INTERIOR
Mr. Guertin. Thank you, Chairman Carper, Ranking Member
Capito, and members of the Committee. I am Steve Guertin,
Deputy Director at the U.S. Fish and Wildlife Service. We
appreciate the opportunity to testify today on three bills, as
well as the discussion draft regarding the conservation of
coastal habitats.
Our Nation's coastal habitats play a vital role in
sustaining healthy populations of fish, wildlife, and plants.
These habitats provide shelter and food to a diverse array of
species. They serve as breeding grounds and nurseries for fish
and shellfish and are important stopovers for migratory birds.
Coastal habitats are equally important for people. They
support commercial and recreational fisheries, buffer
communities against storms and sea level rise, improve water
quality, and provide other valuable ecosystem services. These
coastal habitats are threatened by climate change, rising sea
levels, increasingly frequent and intense storms, and habitat
loss. With population growth and urbanization projected to
increase along our coastline, the people, assets, and natural
resources exposed to these risks will only increase.
We at the Fish and Wildlife Service play a key role in
protecting, conserving, and restoring these important habitats.
We recognize the importance of amplifying our efforts to
address these threats as well as the need for greater
investment in coastal habitat conservation.
These bills and the discussion draft before the Committee
today would take steps to address these needs, and we support
these legislations. We support S. 2194, the Coastal Habitat
Conservation Act, which would codify and authorize funding for
the Service's Coastal Program. The Coastal Program is a
voluntary, partnership based program that provides beneficial
and financial assistance to States, Tribes, coastal
communities, and other partners for habitat conservation in
coastal watersheds. It leverages partner funds at a ratio of
five to one, increasing the positive impact of every taxpayer
dollar.
These projects result in many benefits for fish, wildlife,
plants, and people. They help build resilience to the impacts
of climate change, conserve Federal trust species, and improve
habitat connectivity. They also provide lasting benefits to
coastal communities and their economies by employing
contractors, restoring coastal wetlands, supporting fisheries,
improving water quality, and increasing opportunities for
hunting and fishing.
We support S. 3069, which would reauthorize the Great Lakes
Fish and Wildlife Restoration Act. This partnerlike grant
program under the act has a successful track record of
restoring and managing fish and wildlife resources and their
habitats in the Great Lakes Basin. The program has provided
over $32 million in Federal funding to 193 projects. We have
worked collaboratively with more than 100 organizations that
have contributed about $15 million in matching, non-Federal
support.
We also support S. 3767, which would reauthorize our
successful Delaware River Basin Restoration Program. This
voluntary, non-regulatory program brings partners together
across the Delaware River watershed in pursuit of a shared
vision: Restoring and protecting the Nation's watersheds'
natural resources for the benefit of wildlife and people.
This program supports partner priorities of the watershed
by awarding matching grants to on the ground conservation
projects. Since 2018, we have awarded nearly $27 million to 123
projects which have generated $46 million in matching funds.
These projects have helped restore fish and wildlife habitat,
improve water quality, reduce flooding, and enhance public
access and recreational opportunities.
Finally, we support the draft bill, the Strengthening
Coastal Communities Act. The Coastal Barrier Resources Act,
through its non-regulatory, free market approach, mitigates
coastal hazards associated with climate change by removing
Federal subsidies and incentives for development along our
coastlines. This in turn reduces development pressures and
conserves fish and wildlife and their habitats. The Coastal
Barrier Resources Act has been highly successful in its 40 year
history by reducing the intensity of development on these
important coastal barriers, resulting in over $9.5 billion in
savings.
The draft bill would improve our administration of the
Coastal Barrier Resources Act. For example, it would examine
future application of the act to high hazard areas not included
in the current CBRA system. The bill would also adopt our final
recommended modernized maps for more than 450 coastal barrier
resource system units, including those maps recently revised
through our Hurricane Sandy remapping project. Adoption of
these maps by Congress would be the single largest action to
modernize the system since the law's enactment.
We support the draft bill and look forward to working with
the Committee on technical changes to ensure the successful
implementation of the act and the long term protection of these
important coastal barriers that help keep our communities safe.
We appreciate the Committee's interest in advancing coastal
habitat conservation and restoration, and I would be pleased to
answer any questions that you may have.
[The prepared statement of Mr. Guertin follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Carper. Good. Thanks for that testimony. Thanks
again for your service in uniform and civilian life, and for
your leadership today.
I want to start with a question dealing with the
relationship between the Fish and Wildlife Service and the
National Fish and Wildlife Foundation. The Delaware River Basin
Conservation Act receives appropriations, as you know, through
the U.S. Fish and Wildlife Service, and the National Fish and
Wildlife Foundation administers grants under that act through a
cooperative agreement with the Service.
My question is this. Would you elaborate on the importance
of this relationship with National Fish and Wildlife
Foundation? How does your partnership with that foundation help
leverage additional investment in conservation?
Mr. Guertin. Thank you for your question, Mr. Chairman.
We have a very unique mission with the Fish and Wildlife
Service. It tells us to work with others to conserve, protect,
and enhance fish, wildlife, plants, and their habitats for the
continuing benefit of the American people. And we take that
model and that mission to heart. Our work with the National
Fish and Wildlife Foundation is an example, a great example of
collaborative, voluntary, non-regulatory conservation. And we
use it to high advantage and great success in the Delaware
Basin.
As a matter of fact, Congress saw the effectiveness of this
program and appropriated an additional $5 million a year for
the Bipartisan Infrastructure Law for us also to use for this
successful partnership. We both bring our expertise, our
capacity, our networks, and our hard working employees, as well
as those of our partners, to the mission, and collaborate
effectively. The match that we are getting out of this
partnership is very, very impressive. We have awarded about $27
million and the matches come in at $48 million.
Senator Carper. Say that again.
Mr. Guertin. We at the Federal level have used about $27
million of our appropriated dollars, and the match, led by the
foundation, has brought in another $47 million. So total
capacity out there is enormous, and it is all done on a
voluntary, non-regulatory approach. And so we find the
partnership highly effective and look to it to guide some of
our conservation work in other regions of the country as well.
Senator Carper. I like to say teamwork makes the dream
work. It is certainly true in this case as well.
Second question. The Fish and Wildlife Service is known as
a regulatory agency to a lot of people. The legislation before
us today supports non-regulatory, voluntary partnership based
conservation. In my experience, the Fish and Wildlife Service
embraces this approach whenever possible.
My question is, would you elaborate on the effectiveness of
this approach when it comes to habitat conservation?
Mr. Guertin. Thank you, Mr. Chairman. We are all in when it
come to non-regulatory, voluntary approach to habitat
conservation. We have many authorities under the Fish and
Wildlife Coordination Act, legislation that encourages us to
work with partners across the landscape.
In my experience, when we can help develop a shared vision
amongst all partners, States, Tribes, private sector, military,
private industry, and others, and we each bring our advocacy,
our capacity, and our hard working folks to the table, we can
accomplish great strides for conservation. Our administration,
our leadership, Director Williams and others, are encouraging
us to focus where we can make the most significant impacts with
limited dollars.
This collaborative approach is one way and one approach
that helps us do that. And we can see these types of results in
Delaware, in the Chesapeake Bay, in the Great Lakes, in the
prairie pothole region and other parts of the country.
Senator Carper. Thank you.
One last question, then I will yield to Senator Capito. My
staff knows two of my favorite words are ``for example.'' I
love examples. I use a whole lot myself. But would you share
with our Committee today some examples of how the legislation
before us supports the conservation and recovery of threatened
and endangered species?
Mr. Guertin. Thank you for your question, Mr. Chairman.
These legislative vehicles will give an enormous amount of
support and capacity for the Fish and Wildlife Service to
deliver our mission. These are the kinds of tools we can use in
our joint quest to bring species recovery or to head off a
potential listing.
A great example is our work with States and others on the
salt marsh sparrow in the Chesapeake Bay area. These small
birds are threatened by sea level rise. And we have seen about
an 85 percent decline in them. So we are in a race against the
clock now using voluntary conservation to head off a potential
listing. It is all about voluntary cooperation.
In the Delaware River, we have done a lot of proactive work
on the bog turtle. In the Great Lakes, we have done a lot of
work on piping plover restoration. We have a lot of positive,
cooperative conservation for grassland nesting birds, monarchs
and other pollinators. Matter of fact, there will be a big
summit or conference here on monarch conservation next week in
the capital as well.
Then Senator Cardin talked a little bit about some of our
other success stories in conservation with the DelMarVa
squirrel and nutria eradication in the Chesapeake Bay. We led
an effort involving a lot of partners, and were able to
eradicate this invasive species from the ecosystem. We have now
turned our efforts to other parts of the country where
unfortunately, they have started to show up.
So these pieces of legislation will do an enormous amount
of good to further give the Fish and Wildlife Service
authorities and funding levels to go after this mission with
our partners.
Senator Carper. Those are good examples.
Before I yield to Senator Capito, I just shared with her a
note handed to me by a member of our staff. And the note says
that Ranking Member Capito raised concerns regarding the
Delaware River Basin Commission, which involves, as you know,
the U.S. Army Corps of Engineers and the EPA. My question is,
could you confirm for us that this commission is separate and
apart from the Delaware River Basin Conservation Act, which is
a voluntary, non-regulatory Fish and Wildlife Service program?
Mr. Guertin. To the best of my knowledge, yes, Mr.
Chairman, they are two separate and distinct organizational
entities.
Senator Carper. I will ask you to respond to that in
greater detail for the record.
Then we will talk some more later.
Senator Capito. OK.
Senator Carper. Thank you.
Senator Capito.
Senator Capito. Thank you.
Thank you, Mr. Guertin, for being here with us today, and
your long years of service at the Federal level.
When you are talking about the coastal program, and you
have talked about partnerships, the Chairman was talking about
the foundation, how do you weave that into private landowners
and those kinds of other partners that could be involved or
would be affected by what you might be moving forward with at
the coastal program?
Mr. Guertin. Thank you for your question, Senator. We are
talking about non-regulatory, voluntary programs here. And that
is an approach we try to employ whenever we can. We try to
establish a vision for a landscape. We reach out and work very
closely with our State counterparts, State fish and game
agencies, the Tribes, and other jurisdictions.
Then with private landowners, we have several effective
programs, Partners for Fish and Wildlife, our private lands
program, or the coastal program, where we build trust and
confidence up over time, some of it at the kitchen table, some
of it at local forums, some of it working with the Farm Service
Agency and others to try and generate interest in conservation.
In many cases, private landowners approach us. We can use
these programs as a front porch for people to talk about a
shared vision, and then work with them on fulfilling some of
their conservation needs as well as some of ours.
But we really use a model of trying to bring people to the
table and look to convening authorities, many of which are
already in existence. And we can just turn to those and bring
some of the capacity, and bring capacity from other Federal
agencies like Farm Service Agency and RCS, and others and some
of the BIL funding is a great example as well, to bring it to
the table and pursue a shared vision for conservation on the
landscape.
Senator Capito. Great, thank you. That is good.
In considering the Coastal Habitat Conservation Act, are
there changes to the program that you think would improve its
implementation? In every program, not just this one, but any
program, in any bailiwick, certainly we want to eliminate any
kind of possibility of duplicative programming that might be
coming out of one pocket but serving the same purpose. It sort
of dilutes the purpose if you keep separating it out into
different programs.
Do you have any suggestions there?
Mr. Guertin. We see the Coastal Program authorized under
the Coastal Habitat Conservation Act as pretty effective right
now. We have a lot of flexibilities. We believe getting it
codified with its own authorities would be enormously helpful
going forward. That will give us kind of a stronger mandate.
Setting these new fund targets or authorized funding levels
will help us internally with the Department, OMB, advocating
for budget increases, and we think it will give Congress a lot
more oversight, getting clearer reporting and chain of command
from us into how we are executing the program on the ground.
We work very closely with this program and our Partners for
Fish and Wildlife Program, private lands program, to try and
have a more consistent approach on the landscape. And our field
employees are great. They take off the bowling shirt, and when
landowners and others come up to talk to them, they are not
representing the Coastal Program or the Partners Program. They
are representing the Fish and Wildlife Service and the
consortium of land managers on the landscape to try and hammer
out that shared vision and try to forge common sense solutions
going forward.
Senator Capito. Thank you. Just for my own education here,
you are talking about, we codified the maps, I said in 2018.
You said this is 400 maps that would be codified, the most
ever.
How does that affect what you do?
Mr. Guertin. Thanks for your question, Senator. This
Hurricane Sandy remapping project, as well as the smaller units
we updated in about six other States are an enormous
undertaking. About a third of the acreage of the CBRA will be
impacted as well. It is really going to provide a lot of
certainty and answer a lot of questions to homeowners who have
advocated for several years, they were erroneously included in
the CBRA boundaries. Using new technology, we were able to
clean up some of those.
It is also going to give Congress a clean slate to start
the program afresh with more consistent interpretation and
application of where the delineation of the boundaries is. And
it actually adds several hundred thousand acres as well to
CBRA, which will further provide additional strong natural
habitat to resist storms, absorb a lot of that energy, provide
great habitat.
So it is a revolutionary accomplishment and I think a game
changer for coastal conservation if Congress were to move
forward and enact this legislation and codify these map
revisions into law.
Senator Capito. OK. Final question. Would that be
equivalent to, say, a FEMA flood map, or something of that
nature? Inland, that is what we deal with.
Mr. Guertin. What our maps do, Senator, if they are enacted
into law, is they delineate the boundaries of the Coastal
Barrier Resources Act. If any acreage or structures are
included by those, they are not eligible for Federal flood
insurance.
Senator Capito. I see.
Mr. Guertin. They can still go ahead and develop, but they
have to use non-Federal funding or seek insurance elsewhere. So
it is a marketplace disincentive----
Senator Capito. There are interplays with that.
Mr. Guertin. Yes. Interplays with both of those, yes.
Senator Capito. Thank you.
Senator Carper. Thank you.
Thank you, Senator.
We have been joined by someone who thinks and talks and
works a lot on coastal issues. He has been one of our leaders
on this issue.
Sheldon, thank you for joining us. You are recognized.
Senator Whitehouse. My pleasure, Chairman. Thank you, and
thank you to the witness for joining us.
With respect to the Strengthening Coastal Communities Act,
the administration of it is by Interior with consult to the
Army Corps, NOAA, and FEMA. And I would propose that the
Coastal Zone Management Act agencies at the States be included
in that consultation. The State agencies are effectuating the
Federal CZMA policies on behalf of Congress.
And at least in the case of Rhode Island, they do a far,
far, far better job of mapping risk than FEMA flood maps have.
FEMA flood maps have proven defective over and over again in a
great variety of ways, the most flagrant of which is probably
refusing to anticipate the realities of sea level rise and
assuming static state with no scientific evidence to support
that assumption.
So I think it is really important that CZMA agencies be
added, and would make that recommendation to the extent you
have input into that process.
More generally, I just wanted to flag the importance of
funding for coastal resilience. We are, in Rhode Island and
elsewhere, seeing really remarkable changes happening along our
coasts. We are seeing sea level rise. Again, thanks to the CRMC
mapping, we can understand what it means for Rhode Island in
the future. We are going to have to redraw our map. Mainland
areas will become islands; we turn into an archipelago in many
respects. And that is an enormous, enormous change to burden a
State with. We need resources to managing that coming hazard.
We are seeing ocean heating. That is causing our fisheries
to go into complete uproar. Invasives coming in, longstanding
fisheries departing. That creates enormous upheaval in
communities based around fisheries.
We are seeing globally massive amounts of ocean
acidification for reasons having to do with Pacific hydrology.
It has been worse on the West Coast first. But we are seeing
industries like shellfish aquaculture being crushed by the
ocean water in which they try to grow the small oysters and
clams becoming so acidic that it kills the small oysters and
clams. So they have to buffer their entire intake in order to
get around the acidification of the waters. We are seeing the
terapod, which is a foundational species of the ocean
ecosystem, experiencing massive shell damage when sampled
offshore.
Of course, ocean storms are dialed up by heavier, higher
ocean surface temperatures. We are seeing higher ocean surface
temperatures. So we are seeing far worse storms, which then
rolls back into the problem of bad FEMA mapping when you look
at what happened to Texas and some of these recent hurricanes
that have come ashore there, where more than half of the
flooding happened in areas that FEMA had failed to identify as
flood prone.
So we have a mess on our hands, and it is going to take
real resources to coasts to get around that. I make that point
often, but I wanted to make it again here. We see it, for
instance, in the Land and Water Conservation Fund, which ought
to be renamed the Upland and Freshwater Conservation Fund,
because of where it directs its attention. Luckily, we are
developing an Oceans and Coastal Fund to deal with coasts and
saltwater. We are increasingly able to fund that. But it is a
stepchild compared to the Upland and Freshwater Conservation
Fund.
We are still pursuing with the Army Corps of Engineers why
it is that the Inland and Coastal Flooding Fund, depending on
the year, spends 20 times as much on inland flooding as coastal
flooding, or 100 times as much on inland than coastal flooding.
So our coastal communities are facing really unprecedented
risks and hazards. I encourage you to continue to bear down on
these issues and particularly to the extent you deal with
Interior and the Land and Water Conservation Fund and the Army
Corps and its flooding fund, let's try to figure out why it is
that coasts are disfavored so badly in those.
Mr. Chairman, my time has pretty much expired. But if the
witness would like to make a comment, I would be happy to
entertain his comment, and I appreciate his service.
Mr. Guertin. Thank you for your statement, Senator. I
appreciate your support for these three bills and the draft
legislation.
Just for the record, I would note in addition to these
coastal related programs, we have a lot of other programs that
deal with oceans and coasts, 180 of our National Wildlife
refuges that encompass about 750 million acres of submerged or
terrestrial and underwater ecosystems are a part of that. We do
a lot of work in our five National Marine monuments,
interjurisdictional fisheries work, migratory birds, and
others.
So if you look at the whole portfolio of programs U.S. Fish
and Wildlife is entrusted to manage, we have a lot of interest
and support for oceans and coastal programs, and continue to
keep them a priority. We will do our best going forward to make
sure the Land and Water Conservation Fund takes into account
some of your concerns about the allocations made to inland
acquisition or easements as opposed to coastal packages as
well. And the Migratory Bird Conservation Fund and others,
because there are a lot of packages of funding that are
deployed for conservation.
Senator Whitehouse. I think if we can continue to support,
Mr. Chairman, the Coastal Fund, which got, for instance, $492
million, the biggest allocation it has ever received, in the
Bipartisan Infrastructure Bill, and we have other plans for
additional revenues, then we don't have to get into a fight
between coastal and upland and saltwater and freshwater. We
grow the pie in ways that support coastal communities without
having to take back the enormous largesse that the Land and
Water Conservation Fund sends to upland and freshwater
resources.
Thank you.
Senator Carper. Thank you very much, Senator Whitehouse.
I have at least one more question I would like to ask. It
deals with proactive coastal conservation. In my opening
statement, I talked about the successful restoration of Fowler
Beach, which is a part of the Prime Hook National Wildlife
Refuge. This was not a small project. This was a huge project.
The cost was about $38 million, which is enormous. Considering
the community flood protection and the habitat resiliency
benefits, the return on investment is also substantial.
The Fish and Wildlife Service undertook the Fowler Beach
restoration project after Hurricane Sandy had caused such
damage up and down the East Coast, but especially in New Jersey
and Delaware and Maryland. The reality is that the project was
long overdue.
Do you think the Fish and Wildlife Service could and should
do more projects like this one proactively instead of
retroactively?
Mr. Guertin. Thank you for your question, Mr. Chairman. To
go back to one of my earlier statements, our leadership team
wants us to focus our efforts where we can make the most
significant impact. Sometimes that requires us to pull together
or bundle several funding streams to go after a larger
ecosystem or watershed based restoration or conservation
action.
So we are certainly taking a look at some of those. We can
point to congressional leadership on passing the recent
Bipartisan Infrastructure Law. A lot of the funding capacity
that came to us was specifically for large scale ecosystem
restoration on a geographic scale, Delaware River, Lake Tahoe,
Klamath Basin, and the National Fish Habitat Passage Program as
well.
So yes, we are certainly taking a look at those. A lot of
the lessons learned with Fowler Beach in Delaware can be taken
and used in other geographies of the country as well. But these
big, larger scale projects require bundling funding from
elsewhere. And so we always have to balance that out with the
needs of smaller scale projects or other needs as well.
I look forward to working with you and the Committee as we
move forward with your deliberations on our pending budget
request for 2023. It includes a lot of funding to do this kind
of work, including for the Coastal Program that is under
congressional consideration right now. That would fund some
more of that kind of work.
Senator Carper. Good. As you know, we have a number of
committees and subcommittees that are meeting simultaneously.
So our members are engaged in other places; they will be coming
and going throughout. I am not sure that during the time you
are here we will be joined by another one of our Committee
members.
I am going to give you an opportunity, since we have a
minute or two here, is there anything else you would like to
mention in terms of a question maybe you weren't asked, that
you would have liked to have been asked, or something else you
would like to say just as a closing thought?
Mr. Guertin. Thank you for that opportunity, Mr. Chairman.
Just to reaffirm our continued interest and support for what
you are doing here. We really appreciate the Committee
evaluating these three bills as well as the draft bill. We
stand ready to provide any kind of support on a technical or
policy level that will help your deliberations.
We think these four pieces of legislation will be force
multipliers for us. They will give us needed authority and
authorization for appropriations, flexibilities as well. They
will allow us to do a better job working with our partners on
coastal resiliency, address climate change, work on some of
these big natural resource programs. We really appreciate your
leadership and look forward to working with you going forward.
Thank you.
Senator Carper. We look forward to it as well. Thanks for
your service, and we look forward to working with you and your
team, the people you represent.
Thank you so much. Semper fi.
Mr. Guertin is going to be succeeded by a second panel. We
have two witnesses on our second panel. One is Dr. Elizabeth
Gray, and the other is Ms. Emily Cope.
We thank both of you for joining us today. It is good to
see you. Go ahead and take your seats if you would, please.
I see a former Sea Grant fellow from our Committee, who is
leaving. It is nice to see you, Katie, welcome. I could barely
see your lips move when Mr. Guertin spoke.
[Laughter.]
Senator Carper. All right, Emily Cope. How are you today?
Great to see you.
Just a brief introduction if I could. We are delighted to
welcome Emily Cope, recommended as a witness by a member of our
Committee from South Carolina. Ms. Cope is currently serving as
Deputy Director for Wildlife and Freshwater Fisheries for South
Carolina Department of Natural Resources. She has served the
department for over 22 years and has held numerous positions
within the agency, most recently serving as Assistant Director.
Ms. Cope, I think one of your two Senators may be able to
drop in and join us at some point during your testimony. If he
does, we will certainly recognize him to add whatever comments
he would like to add. We are delighted that you are here. Thank
you so much for joining us.
STATEMENT OF EMILY COPE, DEPUTY DIRECTOR, WILDLIFE AND
FRESHWATER FISHERIES, SOUTH CAROLINA DEPARTMENT OF NATURAL
RESOURCES
Ms. Cope. Thank you. It is my pleasure to be here.
Chairman Carper, I appreciate you and Ranking Member Capito
and members of the Committee allowing me the opportunity to
come here today and address your Committee in support of S.
2194, the Coastal Habitat Conservation Act. As you mentioned,
my name is Emily Cope, and I serve as the Deputy Director for
the South Carolina Department of Natural Resources.
First, I would like to thank my Senator, Lindsey Graham,
for co-sponsoring this legislation with Senator Cardin. The
support and dedication that both of them have shown for our
country's natural resources has resulted in wide sweeping
impacts and is greatly appreciated.
The South Carolina Department of Natural Resources is
supportive of your efforts to authorize the Secretary of
Interior and U.S. Fish and Wildlife Service to work with
willing partners to further the purpose and implementation of
the Coastal Program. Habitat loss due to development pressure,
natural disasters, and climate change continues to threaten our
coastal ecosystems and communities. This in turn jeopardizes
our fish and wildlife species as well as our local economies.
South Carolina, along with many other coastal States, has
implemented numerous habitat enhancement, as well as research
and survey projects utilizing Coastal Program funding.
Specifically, in South Carolina, we focused on threatened and
endangered species as well as species of concern including
black rail, loggerhead sea turtles, shorebirds, and waterbirds.
These projects simply would not have been possible without
Coastal Program funding.
In addition, because the Coastal Program implements the
National Coastal Wetlands Conservation Program, I want to more
specifically elaborate on these efforts. On the land
acquisition side, the South Carolina Department of Natural
Resources has secured over $9.5 million of funding through the
Coastal Wetlands Conservation Program and protected 52,320
acres on 11 different tracts of land.
These areas are not only managed by SCDNR to enhance
coastal resources but are also open for public recreation
opportunities. This $9.5 million investment was leveraged by
approximately $77.8 million of State, private, and Federal
funds as well as in kind contributions. These projects involve
numerous partners, including but not limited to Ducks
Unlimited, Local Land Trust, the National Oceanic and
Atmospheric Administration, the U.S. Forest Service, and other
U.S. Fish and Wildlife Service programs.
Most recently, South Carolina has utilized an additional $2
million from the National Coastal Wetlands Conservation Program
to restore and enhance hydrological function of 3,578 acres of
managed wetlands on two SCDNR properties. This funding was
leveraged with approximately $1 million of State funding.
Ducks Unlimited has been a significant partner in these two
projects and has provided numerous hours of oversight,
engineering, and design, as well as technical expertise. Key
activities include the addition of water control structures and
the restoration of canals, embankments, and berms on these
historically and ecologically important wetlands.
Through these acquisition and restoration efforts of the
programs I have mentioned, we have protected and enhanced
critical wetland habitat for not only migrating waterfowl but
also other wetland dependent bird species, herpetofauna, and
native plants, many of which are species of concern and are
priorities for conservation efforts.
In addition, these areas provide valuable ecological
filtering services from landscape runoff, namely pollutants and
silt which would have entered our rivers, estuaries, and ocean,
thereby decreasing water quality. These impoundments also
buffer the mainland from storm surges and exceptionally high
tides, which are becoming more common each year.
I hope these examples give you a clear picture of not only
the direct impacts of the Coastal Program, but also the volume
of leverage and partnerships generated by such. South Carolina
is known for its beauty and the quality of its coastal
resources. These resources provide our citizens with a sense of
place, support our local communities, and enhance the quality
of life for our residents. They are a key reason that people
from across the United States come to visit our State.
By solidifying the future of the Coastal Program, we can
ensure South Carolina continues to set the bar high for coastal
resource conservation.
Again, on behalf of the South Carolina Department of
Natural Resources, I sincerely want to thank you for your
support of the program and your commitment to ensuring its
future through this important legislation. And with that, I
will be happy to answer any questions.
[The prepared statement of Ms. Cope follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Carper. That is great. Thank you so much. Great to
see you in person.
I think we are joined by our second person who is going to
be on this panel, Dr. Elizbeth Gray.
Dr. Gray, are you out there?
Ms. Gray. I am, I am on video feed. Can you see me?
Senator Carper. Yes, we can see you, and hear you.
Let me just take a moment to introduce you, Dr. Gray.
Currently serving as CEO of the National Audubon Society. Prior
to joining Audubon, Dr. Gray worked for the Nature Conservancy
for more than 17 years, most recently serving as the Global
Managing Director of the Nature Conservancy's Climate Change
Program.
We welcome you. There was once a Delawarean, actually a
very senior member of the leadership team at DuPont Company,
who became Governor of Delaware, Russell Peterson, who later
became the Chairman of the Council on Environmental Quality in
the Nixon and Ford administration. And then I think after that,
he served as the CEO of the National Audubon Society. So we
have a rich heritage from Delaware that has been part of the
National Audubon Society's leadership.
We welcome you especially today, with that history in mind.
Please proceed. Your full testimony will be made part of the
record, then we will get into some questions with both you and
Ms. Cope.
STATEMENT OF ELIZABETH GRAY, PH.D., CHIEF EXECUTIVE OFFICER AND
EX-OFFICIO BOARD DIRECTOR, NATIONAL AUDUBON SOCIETY
Ms. Gray. Thank you, Chairman Carper.
Good morning. My name is Dr. Elizabeth Gray, and I am the
Chief Executive Officer of the National Audubon Society.
Audubon represents 1.8 million members nationwide
protecting birds and the places they need through our 23 State
programs, 41 centers, and 450 chapters. I appreciate the
opportunity to testify today on behalf of Audubon regarding
coastal habitats and the need to protect and restore these
vital areas.
Over the past year, I have identified three pillars that
are guiding the National Audubon Society's work: Hemispheric
conservation, equity diversity inclusion and belonging, and
climate change. Audubon's work around protecting and restoring
coastal resources, such as wetlands, beaches, and barrier
islands, touches upon all three of these pillars. These
resources serve as recreational spaces, enhance our resilience
to climate threats like floods and hurricanes, and provide
habitat for birds and other wildlife.
Yet climate change and development have diminished bird
habitats. The U.S. has lost 3 billion birds since the 1970s,
with a 70 percent decline in sea and shorebird populations over
the last 50 years.
Increasing storms and hurricanes also threaten coastal
communities. Hurricanes have killed nearly 6,700 people and
caused more than $1.1 trillion in damages from 1980 to 2021.
However, the burdens of climate change do not affect all
communities equally. Those on the frontlines of climate change,
primarily lower income communities, communities of color, and
tribal nations and indigenous communities, are being the first
and the worst hit by its impacts.
The U.S. Fish and Wildlife Service plays a crucial role in
climate resiliency and adaptation through its administration of
programs throughout the United States that focus on habitat
conservation and protection. Audubon supports these four bills
which would codify, reauthorize, and expand critical U.S. Fish
and Wildlife Service programs in vulnerable coastal areas,
increase coastal resiliency and safeguard important habitat.
The Coastal Habitat Conservation Act of 2021 would improve
coastal community protection through the authorization of
technical assistance for grant programs targeted to coastal
habitat conservation. The Great Lakes Fish and Wildlife
Restoration Reauthorization Act reauthorizes the U.S. Fish and
Wildlife Service to continue to work with States and other
agencies to develop and execute proposals to conserve, restore,
and manage fish and wildlife populations and other habitats.
The Delaware River Basin Conservation Reauthorization Act
reauthorizes critical conservation programs throughout the
Delaware River Watershed and improves the equitability of
Federal funding provided through the Act. The Strengthening
Coastal Communities Act of 2022 expands the bipartisan Coastal
Barrier Resources Act and its system of protected areas,
protecting vital coastal ecosystems while saving Federal tax
dollars.
The Coastal Habitat Conservation Act of 2021 would
authorize imperative technical assistance to sustain the U.S.
Fish and Wildlife Service's Coastal Grant Program. To clarify
from my written testimony, this bill authorizes that technical
and financial assistance, not the grant program itself. With
the support granted by this authorization, the Coastal Program
focuses on habitat conservation along the Nation's coastlines,
which provide resiliency for coastal communities prone to
storms and flooding as well as critical habitat for birds,
fish, and other wildlife.
Both the Great Lakes Fish and Wildlife Restoration
Reauthorization Act and the Delaware River Basin Conservation
Reauthorization Act reauthorize vital Fish and Wildlife Service
programs that support coastal habitat conservation protecting
critical areas for migratory birds in these regions. And the
Strengthening Costal Communities Act of 2022 would expand the
successful and bipartisan Coastal Barrier Resources Act which
currently protects 3.5 million acres along undeveloped beaches,
islands, and wetlands along the Gulf of Mexico, Atlantic, Great
Lakes, U.S. Virgin Islands, and Puerto Rico. CBRA does not
prohibit development. It simply removes the taxpayer from
funding in important designated areas.
CBRA supports coastal resiliency by protecting undeveloped
areas that buffer nearby communities from storms and flood. It
has saved the Federal taxpayer $9.5 billion and is projected to
save billions more. It protects wetlands that provide important
habitat and support the Nation's $244 billion a year
recreational and commercial fishing industry.
This legislation would strengthen and expand CBRA by adding
278,000 acres, expanding the definition of an undeveloped
coastal barrier, and directing the Service to carry out a
Coastal Hazard pilot project to identify areas that are and
will be vulnerable to coastal hazards at sea level areas.
Thank you for the opportunity to testify. I am happy to
answer any questions you may have.
[The prepared statement of Ms. Gray follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Carper. Thanks so much for joining us remotely, and
for those comments.
We are going to be joined by a couple other members of our
Committee.
I understand Senator Graham is trying to get here, Ms.
Cope, if he can.
Senator Capito is going to lead off the questioning, and I
will follow. Thank you.
Senator Capito. Thank you both for your testimony, and
thank you for what you are doing for the country and your State
to preserve our natural resources.
I am going to start with you, Ms. Cope. You mentioned in
your statements the coordination that you do with Ducks
Unlimited and U.S. Fish and Wildlife. Can you give me some
other examples of partnerships that you have that have been
particularly successful, and are those partnerships growing,
and how that impacts your ability to move forward with these
programs?
Ms. Cope. Absolutely. Thank you for your question.
In utilizing Coastal Program funding, one of the projects
we did was enhancing black rail habitat on private lands. So
the Coastal Program was able to provide funding for us to go in
and treat some vegetation that was deteriorating the quality of
wood stork habitat as well as increasing predation on wood
storks.
So without the Coastal Program funding and the
participation of private landowners, we would not have been
able to do that project, and we would not have been able to
increase the wood stork nesting that is in South Carolina. So
private landowners provide a critical partner in some of the
things we do.
In addition, when we utilized one of our national coastal
wetlands conservation projects, one of our properties was
Samworth Wildlife Management Area. We went in and did some
major renovations. We had tremendous storm damage as well as
just dealing with effects of higher tides impacting the berms
and impoundments. In that Ducks Unlimited was a partner, but we
also partnered with Audubon South Carolina as well as the Open
Space Institute, who brought resources and technical expertise
to the table. They donated those as in kind contributions.
Through that, we were able to re-top 7,780 linear feet of
dike as well as 13,425 linear feet of interior canal
restoration, 1,460 linear feet of interior setback dike,
thereby enhancing also 2,560 linear feet of berm along those
eroded dikes, as well as installing four trunks and water
control structures.
Because these other partners were willing to come to the
table, share their resources and their technical expertise, we
were able to develop a project that would enhance these wetland
areas for not only wintering waterfowl, but many other non-game
species and many species of concern.
Senator Capito. Great. I know South Carolina, having been
to the South Carolina coast myself, it has beautiful and very
great beaches. I know that because of that, there is a lot of
infrastructure, hotels, people, and recreationists who want to
enjoy those areas.
How do you balance that when you are looking at the
conservation aspects with the infrastructure needs and just the
human love of your coasts?
Ms. Cope. Thank you. That is a great question, and a huge
challenge for us. Our natural resources and our coastal
ecosystems are a tremendous draw to our State. And oftentimes
when people come to visit, they determine that it is a
wonderful place to live.
So we do have just under a 200 mile coastline. And there
are significant development pressures along that coastline.
What we have tried to do is utilizing funding of our partners
as well as our own internal agency funding and programs to
identify those areas that are most significant, and to try to
protect those areas in perpetuity.
Our goal is not only to manage them to enhance natural
resources, but to open them up for public use and enjoyment. We
believe that people will conserve what they appreciate and what
they love. And so by providing them these public areas, by
protecting the resources on these areas and managing them for
not only water quality but numerous fish and wildlife species,
we can instill a conservation ethic and a passion for
conservation in not only our citizens but also our visitors, so
in hopes that when they go back home, even if they don't move
to South Carolina, they will support conservation back in their
own States.
Senator Capito. Right. So you have a 200 mile coastline. If
you were to put a percentage, or let's say a 1 to 10 scale of
repairs that have been made, what else needs to be done, are
you at a 7? Are you at a 10 but constantly redoing? Or are you
at a 1, which I know you are not at a 1, so we can eliminate
that.
But if you understand the point of my question, it is how
much more work is there to be done? I know it is a constant
reassessment of where you are. But there certainly have to be
places that still are in great need.
Ms. Cope. Absolutely. And this is really an off the cuff
estimate. I would say we are probably at a 6 or a 7. We have
been incredibly successful at moving the needle on restoration
projects as well as habitat protection projects. But there is
still a lot to be done, especially on private lands.
But one of the biggest challenges we have is dealing with
climate change and just the effects of Mother Nature. So it is
a continuous effort. The dikes on our impoundments continue to
settle and wear away, as well as managing invasive species. So
we are never finished, but we are committed to the task and
will continue to move the needle and do all that we can.
Senator Capito. Good. Let me ask one other question. This
came up when we were considering the transportation bill that
we very successfully put together for the big infrastructure
bill, which were, and I think, Senator Graham, this was an area
of concern for him, the exit routes in the Myrtle Beach area
for hurricane evacuation.
Do you work with the DOT or State DOT, are you a part of
that strategy that the State has tried to put together to make
sure people can be safe?
Ms. Cope. Yes, ma'am. I have not worked with those
individuals directly, but as an agency we do have staff who
work with them. A couple of key things we look at. One would be
the routes of the proposed interstate, making sure that we
minimize impacts to natural resources, but also identifying
proper mitigation alternatives.
So while we work very hard to protect our natural
resources, we understand needs of public safety and
transportation. And we are known for working with our partners
and our sister State agencies to try to find a balance and
minimize impacts but meet the needs of our citizens.
So one of our primary focuses has been assuming funding for
I-73 or other roads go into effect, how can we protect land in
other areas and mitigate the impacts of those.
Senator Capito. Thank you.
Ms. Cope. My pleasure.
Senator Carper. Thanks, Senator Capito. I am going to give
you a break for a minute, Ms. Cope, and ask a couple questions
of Dr. Gray, then come back to you.
Dr. Gray, are you still with us?
Ms. Gray. I am still here.
Senator Carper. That is good.
Dr. Gray, your testimony focused on Audubon's support for
four specific Fish and Wildlife Service coastal programs. But
the National Audubon Society actually has, as I understand it,
a broader national coast strategy.
My question would be, would you elaborate on the importance
of this broader coastal restoration strategy, and share with
the Committee more about why Audubon invests time and resources
into our Nation's coasts?
Ms. Gray. Absolutely. Our coastal areas are of course
important to our seabirds and shorebirds that rely on them.
Many areas along both the Pacific and Atlantic flyways are
critical stopover sites for our precious natural resources, of
which birds are one huge piece.
We also invest in coastal restoration and protection and
conservation efforts because not only do they provide important
habitat for critical nesting birds, but they also provide
buffers for coastal communities, which are our constituents,
with several million members that support us and advocate on
our behalf.
So we have critical habitat needs that are involved. We
have important resiliency needs that play into protecting
coastal communities. Also, we know that many of these coastal
habitats also serve as carbon sinks. They are important sources
of carbon sequestration as our temperature continues to rise,
and we need to take action. These can serve as natural
infrastructure, not only for helping us adapt to the effects of
climate change that Senator Whitehouse spoke so eloquently
about, but also help us mitigate greenhouse gas emissions by
storing and capturing carbon out of the atmosphere.
So for all those reasons, habitat protection to people who
live in these coastal communities, and carbon sequestration and
storage. That is the underlying reason for our broader coastal
community program.
Senator Carper. Good. Thanks for that explanation.
A question on landowner equities if I could. The National
Audubon Society advocates for sound policies to protect coastal
habitats. But I understand you also have some skin in the game
as a coastal landowner. Would you just take a minute and share
with the Committee more about Audubon's equities as a landowner
and how as a landowner Audubon has benefited from the Fish and
Wildlife Service coastal programs that we are discussing today?
Ms. Gray. Of course. I would like to highlight a specific
project, which is the Blackwater Salt Marsh rehabilitation
project that we have been doing in Maryland. We definitely have
a number of projects with the U.S. Fish and Wildlife Service on
coastal work throughout the U.S. But the Blackwater Salt Marsh
rehab program in Maryland is one of the more important ones,
specifically because it allows us to both better serve the
communities that are there and also the wildlife that depends
on that region.
So we do rely on vital funding from the U.S. Fish and
Wildlife Service. Frankly, we wouldn't be able, without that
funding, to spend the time and energy needed to have an
impactful presence in the places that we work. So as climate
change increases in its impact, as it threatens not only the
wildlife and the communities that are frontline, frankly, in
the fight against sea level rise and flooding, including sunny
day flooding that we see.
It is really critical, our partnerships with agencies like
the U.S. Fish and Wildlife Service, it helps us build
resiliency; it helps us protect both wildlife and people from
the impacts of storm and flooding. As you all know, these are
just becoming more and more intense over the last few years. We
anticipate that trend will continue into the future.
Senator Carper. All right. Thanks for explaining that.
Last question I am going to ask of you, Dr. Gray, then I am
going to yield to Senator Graham, welcome.
I will turn to you next, Lindsey.
Last question for Dr. Gray from me, at least. Reinvesting
savings that are generated from CBRA, Coastal Barrier Resources
Act, your testimony mentions billions of dollars, billions of
dollars in taxpayer savings generated by the Coastal Barrier
Resources Act. That would be music to the ears of former
Delaware Congressman Tom Evans, who was very much involved in
its creation.
My question is, do you think Congress should consider
reinvesting a portion of those savings into proactive habitat
conservation and community resilience?
Ms. Gray. The quick answer to your question, and thank you
for that question, Chairman Carper, is yes. There are a number
of scientific studies that show it is actually less expensive
to be proactive and invest in this type of habitat restoration
and conservation up front rather than waiting for hurricanes
and other natural disasters to strike. In addition, it is
definitely less expensive to try to keep populations of our
birds and wildlife healthy rather than continually trying to
fight against extinction, when species are already threatened
and endangered.
So I would absolutely advocate for reinvesting in a
proactive approach, in addition to a reactive approach, which
we know we also will do. But yes, I think National Audubon
Society would be highly supportive of that.
Senator Carper. All right, great. Thank you so much.
Senator Graham, we are glad to see you. Ms. Cope has been
holding forth quite ably and awaiting your arrival. Thank you
so much for recommending that we invite her to testify today.
She is doing a great job.
Senator Graham. Thank you very much, Mr. Chairman. I really
appreciate the Committee. You do a good job, and your Ranking
Member. It is a pleasant place to work, and good causes.
Ms. Cope, thank you so much. I appreciate your coming up
here and sharing your testimony with us. I really am not going
to ask any questions; I just want to make a statement.
It seems that we have a hard time getting anything done in
Washington. This is an area where we are getting things done.
This is a Committee where we are getting things done. So the
Coastal Habitat Conservation Act that I am sponsoring with
Senator Cardin from Maryland codifies an existing program that
has been around since the 1990s that allows the Department of
Natural Resources in South Carolina to partner with Ducks
Unlimited, all kinds of different groups, to put land in
conservation. It is voluntary; the money comes from fees
collected from the tourism and fishing industry. Now putting it
into law, codifying it, having it authorized, I think will take
it to the next level.
So, Mr. Chairman, I just want to thank you for inviting Ms.
Cope.
We are very proud of you, Emily, at home. You do a great
job.
God has blessed South Carolina with an incredible coastline
and a beautiful State. We are going to try to keep it that way.
We are going to make it business friendly but partner with the
private sector to put land in conservation. That is a win-win
for sportsmen, for just the beauty of South Carolina. And this
is a voluntary program, collected, the money comes from fees
from the boating and sporting community.
I want to say on behalf of our entire delegation, thank you
for what you do. We are very proud of the work being done by
the Department of Natural Resources.
Thank you, Mr. Chairman.
Senator Carper. Thank you so much again for recommending
Ms. Cope. I am going to grill her now further. Thank you so
much for bringing her to our attention.
Ms. Cope, I want to ask you a question with respect to
Coastal Program support for endangered species. Your testimony
acknowledges that the State of South Carolina uses some of the
funding it receives from the Fish and Wildlife Service program
to support the recovery of endangered and threatened species,
such as the black rail bird and loggerhead sea turtle, species
I am sure you are familiar with.
Would you take a minute and elaborate on that work for us,
please?
Ms. Cope. Yes, sir, I appreciate it. The black rail is a
very secretive marsh bird. And it was listed as federally
threatened. In South Carolina, we really did not know much
about how many of these were in our areas, and specifically
where we would find them.
So through the Coastal Program funding we were able to
conduct additional surveys and locate them on some of our
properties. We were able to learn more about the types of
habitat that they utilize. This in turn led us to be able to
manage our impoundment slightly differently, so that we could
provide additional habitat for the species in hopes of
increasing its reproduction and helping to recover the species.
Some additional ones on the sea turtles is, sea turtles are
very prone to predation from coyotes and feral hogs on their
sea turtle nests on the beach. So we utilized Coastal Program
funding to go in and initiate trapping efforts on one of our
properties, the Yawkey wildlife area in Georgetown County, to
protect these sea turtle nests.
In looking at it as we did the trapping, depredation of
these nests decreased significantly, thereby increasing
reproduction of our sea turtles and helping to further restore
the population. Our goal through all of these efforts is to
recover these species so that we can eventually work toward
delisting and down listing the species that are listed through
the Endangered Species Act.
Senator Carper. All right. Thank you for that.
I understand, I think you said in your testimony that South
Carolina's coastal resources support your local communities.
That is our experience in Delaware as well. People travel from
all over the world to visit our five star beaches and view our
wildlife. And when they do, they drive what is already a
thriving tourism economy.
Would you take a minute for us and just elaborate on how
South Carolina's coastal resources support local communities
and economic growth?
Ms. Cope. Absolutely. So historically speaking, hunting and
fishing are key recreational activities in South Carolina. They
are part of our culture and who we are. As times have changed,
we have seen an increase in more of the non-traditional outdoor
recreation opportunities.
So our coastal resources are very diverse. We have people
who run commercial hunting and fishing operations. We have
people who travel simply to hunt and fish on their own. But we
have an even larger number of constituents who visit South
Carolina just simply to enjoy the scenic views of our coastal
areas, to go boating and kayaking, to go birdwatching and do
nature photography.
So all of those combined together not only provide
opportunities for local people to spend money in these areas
and support the local economies, but it also brings people in
from all across the United States to see these coastal areas.
So they support the local economies just simply through their
normal tourism dollars.
Senator Carper. OK. One more question. We have some people,
I mentioned to Senator Capito, there are some young people
sitting out in the audience here, behind you over your left
shoulder, Ms. Cope. I think some of them, at least one of them,
might be an intern who is working with Senator Cardin's office.
Several others are interns in Senator Shelby's office.
I am going to telegraph my pitch. When we have finished the
questioning, I will ask if you might like to share a message
while these young people are here that you would like for them
to take with them once their internship on Capitol Hill is over
this summer.
My last question of you, Ms. Cope, deals with the
collaborative nature of coastal projects in South Carolina.
Your testimony explains really well how different Federal
agencies and partners have come together to support coastal
projects in South Carolina.
My question would be, would you say that these partnerships
are enabling more landscape scale restoration than if each of
these entities were working independently?
Ms. Cope. Absolutely. By working together and having these
partnerships, we are moving the needle on conservation so much
more significantly than if we were doing it alone. And what we
have found is that by creating the local partnerships, working
with other State and Federal entities and especially our
private landowners and private organizations, we all have
different resources to bring to the table. We all have
different contacts.
So it really is finding the right tool for the job and
getting the right people to the table. We share a commitment
and a passion for conservation. So by working together and
creating a team, then we are incredibly successful. We leverage
each other's resources, and we get things done much more
effectively and efficiently than any of us could alone.
Senator Carper. All right. A follow up if I could. I said
earlier two of my favorite words are ``for example.'' With that
in mind, are there any examples of larger scale projects that
your State of South Carolina is supporting that you might share
with us today?
Ms. Cope. As far as new projects?
Senator Carper. Yes.
Ms. Cope. So we are working on multiple land acquisition
projects in our State, on our coast, which will protect, one
will protect about another 7,000 acres of land along one of our
coastal river systems. That not only protects water quality as
it is flowing out to the estuary but also protects habitat for
gopher tortoises as well as many wading birds that are species
of concern.
So we have a long list of habitat acquisition projects that
are going on. We are currently working on some more restoration
projects on our waterfowl areas to continue to get a handle on
better management of these areas.
I would offer up, I am sure Senator Graham would agree, if
any of you would like to come to South Carolina and see what we
are doing on the ground and visit our great State, we would be
more than delighted to host you.
Senator Carper. I love that. I always like to put in plugs
for inviting people to come to Delaware. It is only fair that
you do that for South Carolina, or West Virginia.
Senator Capito, is there anything else you would like to do
before we recognize some of these young people in the audience?
Senator Capito. No, I just appreciate everybody's
testimony. It has been very interesting. Thank you very much.
Senator Carper. Thank you.
I am going to ask, if there is in our audience today at
least one intern here representing Senator Cardin's office,
would you raise your hand?
Hello, are you from Maryland? Good. Welcome.
Do we have any interns from Senator Shelby's office?
That is good.
Dr. Gray, you couldn't see this, but we have a number of
folks from Senator Shelby's office. Do any of you live in
Alabama? If you live in Alabama, raise your hand.
If you live in Delaware or West Virginia, raise your hand.
All right. If you would like to live in Delaware or West
Virginia, raise your hand.
[Laughter.]
Senator Carper. Dr. Gray, I am going to ask you and Ms.
Cope if you would like to share some words of wisdom. Thinking
back, these people look like they are probably in their early
20s. Maybe some thoughts you would like to share with them.
Senator Capito. Could I add, I have Baylor behind me, and
she is my intern here. So direct it to her as well.
Senator Carper. Baylor, like the university?
[Remark off microphone.]
Senator Carper. That is great.
Senator Capito. She goes to Alabama, though. There is a
conspiracy here.
[Laughter.]
Senator Carper. Ms. Cope, any thoughts?
Ms. Cope. Absolutely, my pleasure, and thank you for the
opportunity.
It is so refreshing to see young people who have an
interest in our political system and especially conservation
and the environment. So I would just encourage each and every
one of you to continue to learn, continue to get involved in
conservation as well as the political arena. Because we can do
a lot on the ground as far as direct management.
But in terms of really moving the needle for conservation,
it happens through the political arena. Because if we didn't
have the support of our congressional delegations to support
funding, and work on critical legislation to help protect and
manage our resources, then we would not be able to move things
forward.
So whatever path you take down the road, always remember
the importance of it. As I told some friends of mine yesterday,
please remember the importance of voting. Because every vote
matters. It is worth taking the time to do your research and
select candidates that are truly going to represent you and
your State well.
Senator Carper. Very well said.
Dr. Gray, are you still with us?
Ms. Gray. I am. Thank you for the opportunity to say a few
words to the interns. I am happy to share that I have actually
worked with each of the States represented today. And so it is
a real pleasure to participate today in the hearing.
The words I would leave you all with is, we are in a
climate and a biodiversity crisis. I doubt this is news to
anyone who is sitting here today. But I do believe, while this
planet is in crisis, we inherited this planet from past
generations, we are deeding it to future generations. I think
we have about a decade to get this right and set the planet on
a course that will continue to serve us moving forward as human
beings and all the other species that share it.
I love what Emily Cope said; I think what you are doing is
extremely important. If the planet doesn't continue to survive,
none of us will. It is absolutely essential to our well being,
to our food security, to our energy security, to our
livelihoods, and to our health and well being and happiness.
Continue to do what you are doing. National Audubon Society
focuses on education, on advocacy, and on the ground projects.
Every organization that has been mentioned today, whether it is
a political organization, an agency, a non-profit organization,
needs talented young people to come and work with it and to
continue to make this world a better place.
So I would echo what Emily said; vote, make sure you
support people who support the environment, and be active.
Continue to speak up, continue to intern, and remember that
this precious planet is, at the end of the day, all that we
have.
Senator Carper. That is great. Thank you.
I have a thought I want to share on a personal note also
with the students who are here, the interns who are here.
Any comment you would like to offer?
Senator Capito. I think it is a great way to be here on
Capitol Hill to see not only Government working, but to meet so
many other bright young people around the country who are
motivated to learn about being public servants.
I would say to my interns, which I always do, dig in, and
have a good time, and talk to all your friends about the
importance of what Ms. Cope said, voting and being a
participant. If you are on the sidelines and don't participate,
you don't have the right to complain. So get in the game. It is
a very exhilarating process.
Senator Carper. Thank you very much.
This is a Committee that has been around for quite a while.
We have 20 members, 10 Democrats, 10 Republicans. Senator
Capito and I are privileged to lead the Committee at this point
in time. And we work across the aisle very well. We were both
born in West Virginia. People ask me, if I couldn't be
Governor, I used to be Governor of Delaware, they would say,
after you are Governor of Delaware, what would you like to do?
I would say, I would like to be Governor of West Virginia.
Well, you can't do that.
[Laughter.]
Senator Carper. But we have the opportunity to work
together on a whole range of issues. Much of the legislation
that we pass here is passed unanimously. The large
infrastructure bill was transformational, signed by the
President last November or December, was adopted in this
Committee unanimously, for all the roads, highways, bridges,
pieces of surface transportation, all the water pieces, water
infrastructure legislation, all was adopted unanimously here
and later made part of the infrastructure bill.
When I was the age of these young people here, Senator
Capito, I actually had a chance to visit Washington, DC, for
the first time. I was a naval ROTC midshipman. I ended up being
stationed later in Corpus Christi at a naval air station.
My roommate was from Baltimore. We had the opportunity to
visit Washington, DC, at one time. It was 1965, a million years
ago. I had some time on Capitol Hill, and I didn't know what
was going on. I looked around, and wandered into the Rayburn
Building over on the House side. I asked one of the security
people, I said, is there anything going on here? I would like
to find a hearing and sit in on a hearing if I could.
Lo and behold, there was a hearing going on. It was the
Civil Rights Act of 1965. And I wandered into the Judiciary
Committee hearing room chaired by Emmanuel Celler. I had the
opportunity to see and hear one of the most transformational
bills regarding voting rights in this country ever debated and
adopted at a very young age, really at your age.
That was part of what inspired me to become involved
publicly. I did a lot of years in the Navy after that, but
ultimately ended up here with Senator Capito.
Senator Capito. My father was on that committee.
Senator Carper. Wow. Small world.
Senator Capito. He was in the room.
Senator Carper. In the room, wow.
I would close with this. Actually I have two closes. I love
to give commencement speeches. We get to do high school
commencement speeches and college commencement addresses. I got
to do one last month, with the President of the United States
who spoke at the University of Delaware. I got to speak as
well.
I gave a 10 word commencement address, 10 words. Then I had
the graduates stand up, and I had them repeat the 10 words. I
am not going to do that with you guys today. But the 10 words
are, the first two are, aim high. Aim high is first. The next
two are work hard. The next four are embrace the Golden Rule,
treat other people the way we want to be treated. The last two
are don't quit. Aim high, work hard, embrace the Golden Rule,
and don't quit.
I would urge you to keep those in mind as you go forward.
They might help guide you. They have certainly helped to guide
me in the years I have been privileged to live and to be
involved here.
Again, to our witnesses here and all of our panelists, but
especially the last two, thank you so much for joining us. I
want to thank our first panel of witnesses as well, and those
of our Committee who were able to join us.
I want to thank our staffs for the work that led up to this
hearing today. We are grateful to our witnesses especially for
your work at a time when we face a lot of challenges. But there
is also a lot of opportunity. I like to say in adversity lies
opportunity. But there are opportunities when it comes to
conserving our coastal ecosystems.
Now I want to ask unanimous consent to submit for the
record materials that relate to today's hearing. That includes
testimony from Senators Klobuchar and Portman in support of the
Great Lakes Fish and Wildlife Restoration Reauthorization Act.
I also have a letter from some 33 advocacy groups, including
conservationists, hunters, anglers, and advocates in support of
the Coastal Barrier Resources Act.
Finally, last but not least, I am including a letter from
the Coalition for the Delaware River Watershed in support of
the Delaware River Basin Conservation Reauthorization Act.
Hearing no objection, so ordered.
[The referenced information follows:]
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Senator Carper. Senators will be allowed to submit written
questions for the record through the close of business on
Wednesday, June 29th, 2022. We will compile those questions and
send them to our witnesses and ask our witnesses to reply by
Wednesday, July 13th, 2022.
With that, before we adjourn, I want to say to the interns
who are here, I am going to ask you to come up and join us at
the front of the room. We will take a quick picture, if Senator
Capito wouldn't mind, and maybe Baylor will join us as well. We
will take a quick picture for posterity.
With that, this hearing is adjourned. Thank you all.
[Whereupon, at 11:30 a.m., the hearing was adjourned.]
[The legislation related to this hearing follows:]
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