[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.
____________________