[Congressional Record Volume 140, Number 46 (Monday, April 25, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: April 25, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
     THE WHITE OAK DECLARATION--THIRD UNITED STATES-EASTERN EUROPE 
                     CONFERENCE ON THE ENVIRONMENT

  Mr. KENNEDY. Mr. President, an important international workshop on 
the environment took place at the White Oak Conference Center in Yulee, 
FL from February 24 to 27. Sponsored by the American Academy of Arts 
and Sciences with funding from the Howard Gilman Foundation, it was 
cochaired by my constituent and long-time friend and adviser, Professor 
Charles M. Haar of Harvard Law School, and by Simeon Bozhanov, 
environmental adviser to the President of Bulgaria; Oleg Kolbasov, 
counselor at the Ministry of Environmental Protection and Natural 
Resources, Russia; Yuri Kostenko, Minister for Environmental Protection 
in Ukraine; and Yuri Shemshouchenko, director of the Institute of State 
and Law, Ukrainian Academy of Sciences, Ukraine. Dr. James A. Smith, 
executive director of the Howard Gilman Foundation represented the 
foundation at the Gilman White Oak Plantation and Conference Center, 
which encompasses the largest private wildlife preserve in the country.
  This was the third in a series of meetings involving ministers, 
officials, lawyers, academics, and administrators of the United States 
and Eastern European countries and former republics of the Soviet 
Union. Such international conversations foster a greater understanding 
of common problems and potential solutions for achieving sound 
environmental policies and practices.
  This year the meeting concentrated upon regional water problems. 
Representatives from Boston Harbor, Chesapeake Bay, and Puget Sound 
authorities made presentations concerning their policies and 
implementation programs, as did their Eastern European counterparts on 
the Black Sea and the Gulf of Finland programs.
  An important outcome of the Conference in the White Oak Declaration 
which, I believe, will be of interest to all Members of Congress and 
the administration dealing with these important environmental issues.
  The declaration seeks to advance the fundamental right of people to 
live in a safe and healthy environment. It emphasizes that we can no 
longer allow the degradation and pollution of our water systems. 
Regional water bodies poses special problems and require special 
institutional solutions. A watershed approach to regional water 
problems is recommended. By meeting and studying together, people of 
many nations can learn from each others' accomplishments and mistakes.
  Among the special recommendations of the Conference is an interstate 
environmental court for resolving environmental disputes. An 
independent funding mechanism for regional water agencies is another 
major recommendation. The differing roles of the various levels of 
government--national, State, regional, and local--are emphasized.
  The declaration also stresses the importance of public participation 
and the inclusion of neighborhood groups in environmental 
decisionmaking. In addition, the impact of privatization in Eastern 
Europe is taken into account as well as the need to minimize adverse 
environmental impacts on lower-income areas.
  Finally, the declaration recognizes that sustainable development--
balancing the goals of economic growth and a rising standard of living 
with environmental priorities--can be fostered by regional water 
resource management.
  The focus of the Conference was most appropriately on institutional 
development. And the recommendations for regional water resource 
management programs that emerged from the meeting will, I believe, be 
most useful for all engaged in administering and dealing with regional 
water agencies.
  The American Academy of Arts and Sciences and the Howard Gilman 
Foundation will undertake future efforts aimed at implementing specific 
environmental projects in the Eastern European countries. Technical 
assistance has been volunteered by the participants in the meeting. I 
commend this type of private international cooperation that can move 
readily and flexibly to meet the worldwide goal of restoring and 
enhancing our great bodies of water.
  I ask unanimous consent that the White Oak Declaration and a list of 
participants in the Conference be included in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

Declaration of Principles of the White Oak Conference on Regional Water 
                      Resources, February 27, 1994

       In order to advance ``the fundamental right of people to 
     live in a safe and healthful environment,'' as stated in the 
     Bellagio Declaration on the Environment (1991), and in order 
     to ``strengthen and develop international cooperation among 
     states,'' as stated in the Kiev Protocol on Regional Problems 
     of Environmental Protection (1992), we support the following 
     principles:
       1. We can no longer allow the degradation and depletion of 
     clean water, the essential substance that covers our planet 
     and sustains our bodies. Bodies of water have inestimable 
     aesthetic, economic, health, and recreational value. In the 
     past, rivers, lakes, estuaries, and harbors that respect no 
     artificial boundaries have inspired works of art, provided 
     swift transport, nourished plant and animal life, and given 
     birth to great cities. In the present, many of these same 
     bodies of water are polluted to such an extent that have 
     hamper navigation and commerce, threaten human and nonhuman 
     life, and drive people from their shores. In the future, if 
     we are to have a healthy and productive world for generations 
     yet unborn, we must together confront--realistically, 
     cooperatively, and creatively--the problems facing our 
     regional water resources.
       2. Regional water resources pose special problems and 
     require special institutional solutions. We need to continue 
     to study, and build on, ongoing experiments throughout the 
     world that are directed toward cleaning, protecting, and 
     preserving our estuaries, rivers, and harbors, particularly 
     those cooperative efforts involving multiple jurisdictions. 
     By meeting and studying together, we have seen how nations 
     can learn from each others' accomplishments and mistakes. For 
     example, the early stages of privatization are an ideal time 
     for addressing environmental questions. By imposing 
     environmental controls at the first stages of privatization, 
     nations may be able to avoid the wetlands depletion, 
     watershed degradation, and regulatory takings problems that 
     have frustrated environmental and land-use regulators 
     elsewhere.
       3. Although clean water is the ultimate goal of anti-
     pollution efforts, attainable, intermediate targets should 
     reflect current levels of degradation, existing and 
     anticipated uses, and state-of-the-art technologies. All 
     nations should strive to strengthen existing legislation and 
     regulations affecting regional water resources, and to 
     further effective implementation of the environmental and 
     social principles they represent. The fight to clean our 
     water is a long-term struggle that requires a 
     sustained effort and the participation of an ever-growing 
     list of active participants. We recognize that economic, 
     political, and legal crises can significantly hamper 
     environmental protection efforts, but this does not defeat 
     our aspiration for a clean environment.
       4. We endorse the use of principles of international law to 
     address environmental problems and we urge that all nations 
     endorse this and other declarations of principles that 
     further the cause of environmental protection. In addition, 
     we advocate the establishment of a judicial body for 
     resolving international environmental disputes. We caution, 
     however, that members of that court, or their staffs, must 
     have familiarity with and special expertise regarding the 
     unique problems posed by regional water resources. Nations 
     should pursue mechanisms for inter- and intra-jurisdictional 
     judicial and alternative dispute resolution of conflicts 
     between individuals and government regulators, government 
     regulators and regulated industries, and individuals and 
     regulated industries.
       5. We urge all nations that include, abut, or affect 
     regional water resources to create (or to strengthen 
     existing) national agencies with power to cross domestic 
     jurisdictional boundaries in order to provide technical 
     assistance, regulate water and land uses, and resolve 
     conflicts involving regional water resources.
       6. We encourage nations to establish special, independent 
     funding mechanisms for addressing existing and potential 
     threats to regional water resources. Where possible, these 
     mechanisms should be established outside the usual government 
     financing and appropriations processes, so that the political 
     and financial exigencies of today will not endanger our 
     health tomorrow.
       7. Many nations and regions within nations, reflecting the 
     wide diversity of intergovernmental structures from state to 
     state, have created true intergovernmental partnerships, 
     allocating responsibilities and powers to the level of 
     government that is best suited and most readily accountable 
     for the task. For example, setting standards for measurement 
     of pollutants is appropriate for the central government, 
     while the operation of water treatment facilities is best 
     undertaken by local governments (alone or in cooperation with 
     other municipalities). We commend these creative federalist 
     efforts and encourage other nations to follow their lead.
       8. The public and private sectors must give concrete 
     meaning to the term ``sustainable development,'' by 
     experimenting with regulatory tools that balance our 
     aspirations for a clean environment with the equally 
     important goals of economic growth, increased employment, and 
     an enhanced standard of living for the world's population. 
     There is no better place to start this effort than with 
     regional water resources, for cleaning water yields increased 
     recreational uses and tourism, additional real estate values 
     and tax revenues, and reduced hazards to transportation.
       9. We recognize that the most enduring and effective plans 
     for cleaning and regulating our regional water resources are 
     the result of an inclusive, democratic process that takes 
     advantage of the ideas, reactions, and skills not only of 
     technical and bureaucratic experts, but also of individuals, 
     community-based organizations, representatives of affected 
     industries, and local, national, and international 
     organizations devoted to protecting our fragile environment. 
     Input from these nongovernmental parties is essential at all 
     stages--from formulation of government policy through the 
     drafting and implementation of laws and regulations. The more 
     inclusive the process, the greater the number and variety of 
     persons and organizations who have a stake in the success of 
     the regulatory effort.
       10. Just as water knows no political boundaries, neither 
     should technologies for measuring water quality, removing and 
     disposing of impurities, and identifying harmful levels for 
     specific discharges. We urge the uninhibited flow of ideas 
     across national lines, the enhancement of existing efforts 
     for sharing technical expertise, and the creation of 
     incentives for ongoing cooperative research.
       11. The alarming degradation of too many rivers, harbors, 
     and estuaries, by users that directly and indirectly 
     discharge pollutants into water bodies, testifies to the 
     desirability of a watershed approach to regional water 
     problems. Focusing solely on point sources of pollution is 
     short-sighted and fruitless if we are ever to make 
     significant progress in cleaning these bodies of water. In 
     the watershed of regional water resources, an environmental 
     analysis should be conducted before the construction or 
     expansion of significant industrial, commercial, 
     agricultural, and residential uses; and government-approved 
     developments should utilize the most effective available 
     technology for conservation of energy, recycling, and waste 
     treatment and disposal.
       12. We are concerned that the failure of central and local 
     authorities to coordinate national environmental controls 
     with localized land-use regulation often leads to a confusing 
     morass of government controls that hampers compliance by the 
     private sector, unduly complicates enforcement of mandates, 
     and delays implementation of effective regulatory schemes. We 
     therefore advocate an integrated, comprehensive approach to 
     regulation of land uses in and around regional water 
     resources, an approach that coordinates national 
     environmental controls and incentives with other regulations 
     such as land-use planning, zoning, agricultural controls, and 
     treatment and disposal of municipal waste. Moreover, because 
     of the intricate interrelationships between media, as with 
     the harmful effects acid deposition has had on regional water 
     resources, clean water regulatory efforts must be coordinated 
     with national and international air pollution strategies.
       13. Whenever possible, the first generation of antiquated 
     and unwieldly command-and-control devices should be replaced 
     with incentive-based regulations that encourage productive 
     public-private joint ventures. We need to educate private 
     industry that environmentally sound practices can enhance 
     profitability.
       14. We cannot exaggerate the impact privatization of land 
     ownership has on regional water resources. In the past few 
     decades, many nations have made a concerted effort to tear 
     down the walls that separate people from water by reclaiming 
     lands abutting and close to regional bodies of water through 
     prescription, reservation of public rights, and acquisition 
     of title or easements that enable public access to beaches 
     and harbors for fishing, swimming, fowling, and other 
     recreational and commercial uses. Other nations should 
     consider adoption of these and other devices for ensuring 
     meaningful public access, including land-banking and sale-
     leasebacks.
       15. We are concerned that the less affluent segments of 
     society often bear the brunt of environmental hazards. We 
     urge government officials to be mindful of, and to address, 
     the inequities engendered in their decisions (1) to locate 
     potentially harmful facilities close to lower-income 
     neighborhoods; (2) to prioritize regulation and enforcement 
     so that problems affecting more prosperous areas receive the 
     most prompt attention; and (3) to slow or eliminate the kinds 
     of development in the residential, commercial, and 
     residential sectors that hold the most promise for enhancing 
     the quality of life of less affluent residents.
       16. Because an informed citizenry is the best protection 
     against environmental abuse, inefficiency, and corruption, we 
     advocate a strong role for the local, national, and 
     international media in investigating and reporting on each 
     step of the decision-making process and in monitoring 
     government action and inaction and private sector violations. 
     Political parties and candidates should be pressured to 
     articulate specific positions regarding public and private 
     sector developments that have an impact on regional water 
     resources. Moreover, educational institutions can play a 
     special role in emphasizing the importance of a clean 
     environment to children; in providing state-of-the-art 
     professional and vocational programs for scientists and 
     technicians; and in supporting cooperative, intraregional 
     research efforts that address the problems facing regional 
     water resources.
       17. Environmental issues should be given due regard in 
     negotiations over international commercial agreements. 
     Nations should forge strong links between issues of commerce 
     and environmental protection, particularly when the partners 
     share a regional water resource.
       18. In furtherance of the general principles stated here we 
     endorse the specific long- and short-term recommendations 
     contained in the White Oak Tool Box for the Protection of 
     Regional Water Resources, a copy of which is appended to this 
     document. [Not included in the Record.]
       U.S.-Eastern Europe Environmental Protection Institutions 
     Conference at the Howard Gilman White Oak Plantation, Yulee, 
     Florida. February 24-27, 1944


                              signatories

       Apostolov, Mr. Apostol, Environmental Directorate, Bourgas 
     8000, Bulgaria.
       Bozhanov, Mr. Simeon, 2 Dondoukov Blvd. 1000 Sofia, 
     Bulgaria.
       Cosgrove, Mr. Edward, Massachusetts Water Resources 
     Authority, Building #36, 100 First Avenue, Charlestown, MA 
     02129.
       Cruse, Mr. Richard, Wheelabrator Engineered Systems, P.O. 
     Box 64118, St. Paul, MI 55164.
       Frolov, Mr. Alexei K., Committee on Ecology and Natural 
     Resources, B. Koniushennaya Str. 29, 191186 St. Petersburg, 
     Russia.
       Gary, Mr. Michael, The Howard Gilman Foundation, 111 West 
     50th Street, New York, NY 10020.
       Goldman, Mr. Marshall I., Russian Research Center, 1737 
     Cambridge Street, Cambridge, MA 02138.
       Haar, Mr. Charles M., Harvard Law School, Cambridge, MA 
     02138.
       Horowitz, Mr. Steven, Cleary, Gottlieb, Steen & Hamilton, 
     One Liberty Plaza, New York, NY 10006.
       Kayden, Mr. Jerold S., Lincoln Institute of Land Policy, 
     113 Brattle Street, Cambridge, MA 02138.
       Keller, Ms. Suzanne, Dept. of Sociology, Princeton 
     Univeristy, Princeton, NJ 08540.
       Kirchev, Mr. Christo, Mayor of Varna, Varna City Hall, 
     Varna, Bulgaria.
       Kolbasov, Mr. Oleg, Counsellor, Ministry of Environmental 
     Protection and Natural Resources, B. Gruzhinskaya Str. 4/6, 
     Moscow 123812, Russia.
       Kostenko, Mr. Yuri, Minister for Environmental Porection, 5 
     Kreshatik, 252001, Kiev, Ukraine.
       Kostitsky, Mr. Vasily, Deputy of Ukrainian Parliament, 8 
     Staro-Navodnitskaj, Apt. 60, 252015, Kiev, Ukraine.
       Mason, Ms. Elizabeth E., Mintz, Levin, Cohn, Ferris, 
     Glovsky, & Popeo, 1 Financial Center, Boston, MA 02111.
       Matuszeski, Mr. William, Executive Director, Environmental 
     Protection Agency, Chesapeake Bay Program, 410 Seventh 
     Avenue, Suite 109, Annapolis, MD 21403.
       McKay, Ms. Nancy Executive Director, Puget Sound Water 
     Quality Authority, P.O. Box 40900, Olympia, WA 98504-0900.
       Nogaideli, Mr. Zurab, Chairman, Committee on National 
     Resources and Environmental Protection, Rustaveli Avenue 8, 
     Tbilisi 380008, Republic of Georgia.
       Pelham, Mr. Thomas, 909 E. Park Avenue, Tallahassee, FL 
     32301.
       Schelling, Mrs. Corinne S., Associate Executive Officer, 
     American Academy of Arts and Sciences, Norton's Woods, 136 
     Irving Street, Cambridge MA 02138.
       Shemshouchenko, Mr. Youri, Director, Institute of State and 
     Law, Ukrainian Academy of Sciences, 4 Trehsvjatitelskaja, 
     252001, Kiev, Ukraine.
       Smith, Mr. James A., Executive Director, The Howard Gilman 
     Foundation, 111 West 50th Street, New York, NY 10020.
       Speranz, Ms. Elisa, Deputy Director, Massachusetts Water 
     Resources Authority, Building #36, 100 First Avenue, 
     Charlestown, MA 02129.
       Vysotsky, Mr. Alexander, Institute of State and Law, 4 
     Trechavjatitelskaja, 252001 Kiev, Ukraine.
       Wolf, Mr. Michael, T.C. Williams School of Law, University 
     of Richmond, Richmond, VA 23173.
       Zax, Leonard J., Fried, Frank, Harris, Shiver & Jacobsen, 
     1001 Pennsylvania Avenue, N.W., Suite 800, Washington, D.C. 
     20004-2505.

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