[Congressional Record Volume 140, Number 75 (Wednesday, June 15, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 15, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                           CRANBERRY WETLANDS

  Mr. GORTON. Mr. President, shortly before the Senate left for the 
Memorial Day recess, the chairman of the Senate Environment and Public 
Works Committee announced that the Senate would soon consider 
legislation to reauthorize the Clean Water Act. In anticipation of the 
consideration of this legislation, I have been working with the 
chairman and ranking Republican member of the committee to address the 
unique concerns that cranberry growers have with the wetlands title in 
the committee's legislation.
  Washington State is certainly not the largest of the cranberry 
producing States, but when the growers of my State asked for help in 
trying to make the Clean Water Act work for them, I listened to their 
concerns. I told the Washington State growers that I would do what I 
could to help them because I know that the jobs of the workers in 
cranberry processing plants, and the ability of individual growers to 
provide jobs and economic opportunities to families in committees along 
the coast of Washington State, depend upon making the Clean Water Act 
work for these growers. The growers and I have worked hard with the 
committee over the past several months in an attempt to develop a 
compromise that will address the concerns of cranberry growers. I 
continue to hope that a compromise can be worked out, but in the event 
that it cannot, I am prepared to offer an amendment on the floor on 
behalf of the growers of my State and of other States.

  Mr. President, a few months ago several environmental groups sent a 
letter to Senators suggesting that cranberry wetlands were not ``good'' 
wetlands. The April 18 letter from the National Wildlife Federation is 
full of many inaccuracies on cranberry wetlands, and today I will clear 
up these inaccuracies and set the record straight.
  Inaccuracy No. 1: The letter asserts that cranberry growers are 
seeking an exemption from the Clean Water Act.
  After several discussions with committee staff it became clear that 
an exemption, while preferable to the growers, was of some concern to 
that committee--so the growers compromised. Today we are working with 
the committee to make nationwide permit 34, which has already been 
granted for cranberry growing operations, more workable for individual 
growers.
  Inaccuracy No. 2: The letter falsely states that cranberry wetlands 
``degrade water quality * * * harm fisheries * * * and reduce water 
quantity.''
  A 1991 study by the Environmental Protection Agency and the 
Massachusetts Executive Office of Environmental Affairs on Buzzards Bay 
stated that the cranberry bog system ``plays an increasingly important 
role in the preservation of open space, water storage and conservation, 
ground water recharge, and in providing wildlife habitat.''
  Those unfamiliar with cranberry growing operations may not realize 
that for every acre of active cranberry wetlands, a grower has an 
average of 10 acres of surrounding land that is not farmed, but left 
relatively untouched to support the cranberry wetlands.
  I am continually amazed to read statements by environmental 
organizations that attempt to paint all of agriculture as destroyers of 
the land and the environment. Nothing could be further from the truth. 
Cranberry growers--together with the rest of our Nation's agriculture 
community--have a vested interest in the land from which they make 
their livelihood. And, in the opinion of this Senator, to make 
statements to the contrary does a great disservice to the families 
across Washington State and the Nation who provide a great and 
important contribution to our Nation's economy and food supply.
  Inaccuracy No. 3: The letter states that ``cranberry growers already 
receive streamlined review for converting wetlands and streams into 
cranberry beds under nationwide permit 34.''
  Mr. President, if only this statement were true. In fact, cranberry 
growers cannot effectively use this nationwide permit because Federal 
and State agencies are not allowing growers to use it as it was 
intended. Consequently, growers are not seeking an exemption from 
section 404 permitting process, but rather a legislative solution to 
allow the nationwide permit to work in practical terms.
  In fact, prior to the Memorial Day recess, EPA Administrator Carol 
Browner stated in testimony before the House Public Works Committee 
that,

       The administration believes that the concerns of cranberry 
     growers can be addressed without creating new exemptions from 
     permitting requirements, and in ways that not only meet the 
     needs of the potential applicants, but also provide for 
     appropriate State roles and adequate environmental 
     protection.

  This is exactly what cranberry growers in Washington State want and 
need. I want to make clear that the legislative solution that the 
growers seek is not an exemption from section 404 permitting process, 
but rather a way to allow for modest expansion of existing operations, 
as allowed for under nationwide permit 34.
  Mr. President, I hope that I have cleared up any misconceptions about 
cranberry wetlands that may have come about as a result of the letter 
from national environmental groups. Although both the growers and I 
would prefer to have this issue ironed out and included in a managers 
amendment to the committee's clean water legislation, I am prepared to 
offer an amendment on behalf of Washington State's cranberry growers, 
and those of other States, when the legislation comes to the floor.
  Mr. President, I ask unanimous consent to have printed in the Record 
the letter from the National Wildlife Federation, dated April 18, 1994.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                 National Wildlife Federation,

                                   Washington, DC, April 18, 1994.
     U.S. Senate,
     Washington, DC.
       Dear Senator: We are writing you because we are deeply 
     concerned that Sec. 404 of the Clean Water Act will be 
     seriously weakened by exempting the conversion of wetlands 
     into cranberry beds.
       A statutory exemption for expansion of cranberry production 
     would have devastating effects on the environment. Cranberry 
     beds are so intensively managed that they are reduced to 
     biological wastelands, virtually bereft of any flora and 
     fauna beyond the cranberry vines themselves. In fact, most 
     cranberry beds do not even meet the regulatory definition of 
     wetlands. Furthermore, the impacts of converting wetlands to 
     cranberry production can degrade water quality (adding 
     sediments, nutrients, fertilizers and pesticides to 
     downstream waters, sometimes in acutely toxic amounts); harm 
     fisheries (altering cold water fisheries and impeding 
     migration of anadramous fish); and reduce water quantity (by 
     diverting flows from rivers, streams and wetlands).
       This exemption would expose literally thousands of acres of 
     wetlands to development with no environmental review. In just 
     a seven-year period, from 1982 to 1989, the U.S. Army Corps 
     of Engineers authorized the conversion of over 5,000 acres of 
     wetlands to cranberry beds in Wisconsin alone.
       Moreover, there is no need for a statutory exemption for 
     expansion of cranberry facilities. Contrary to popular 
     belief, cranberry beds do not need to be constructed in 
     wetlands. A recent U.S. Fish and Wildlife Service study 
     demonstrates that over 66% of the new cranberry beds 
     constructed in Massachusetts between 1977 and 1986 were 
     constructed on upland.
       If cranberry growers are exempted from regulation under 
     Section 404 of the Clean Water Act, many other industries and 
     associations will demand similar treatment. In fact, the 
     potential cranberry exemption has already sparked demands 
     from such groups as the Texas Farm Bureau for statutory 
     exemptions for rice and aquaculture.
       Finally, it is important to note that the cranberry growers 
     already receive streamlined review for converting wetlands 
     and streams into cranberry beds under nationwide permit 34 
     (NWP 34). NWP 34 virtually automatically authorizes cranberry 
     growers to convert up to 10 acres of natural wetlands and 
     streams--the equivalent of 7 football fields.
       A statutory exemption for converting wetlands to cranberry 
     production would strip away existing state authority, under 
     Section 401 of the Clean Water Act, to condition or deny 
     water quality certification for NWP 34. The states' rights to 
     act to preserve quality of their waters must not be abrogated 
     by amending the Clean Water Act to exempt conversion of 
     wetlands to cranberry production.
       We urge you to oppose any amendments or bill provisions 
     that would exempt conversion of wetlands to cranberry 
     production. Such an exemption would undermine the 
     effectiveness of the Clean Water Act and would harm the 
     quality and quantity of the waters within your states.
       Thank you for your attention to this matter.
           Sincerely,
         Terry Schley, Counsel, Fish & Wildlife Resource Division, 
           National Wildlife Federation.
         Ken Bierly, Wetlands Program Manager, Oregon Director of 
           State Land.
         Bob Adler, Senior Attorney, Natural Resources Defense 
           Council.
         Sally A. Zeilinski, Executive Director, Massachusetts 
           Association of Conservation Commissioners.
         Steve Moyer, Legislative Director, Trout Unlimited.
         Pam Goddard, Legislative Representative, Sierra Club.
         Carolyn Hartmann, Staff Attorney, U.S. Public Interest 
           Research Group.
         Dawn Martin, Director, Washington, D.C. Office, American 
           Oceans Campaign.
         Clark Williams, Legislative Representative, National 
           Audubon Society.
         Tim Searchinger, Attorney, Environmental Defense Fund.
         Lisa Kahn, Legislative Representative, Friends of the 
           Earth.

  Mr. GORTON. Mr. President, I yield the floor.

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