[Congressional Record Volume 140, Number 126 (Monday, September 12, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 12, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
      NORTH AMERICAN WETLANDS CONSERVATION ACT AMENDMENTS OF 1994

  Mr. STUDDS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4380) to amend the North American Wetlands Conservation Act 
to authorize appropriations for allocations under that act for wetlands 
conservation projects, as amended.
  The Clerk read as follows:

                               H.R. 4308

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``North American Wetlands 
     Conservation Act Amendments of 1994''.

     SEC. 2. MATCHING, REPORTING, AND REVISING REQUIREMENTS.

       (a) Matching Requirement.--Section 8(b) of the North 
     American Wetlands Conservation Act (16 U.S.C. 4407(b)) is 
     amended by adding at the end the following new sentence: ``In 
     the case of a project carried out in Mexico, the non-Federal 
     share of the United States contribution to the costs of the 
     project may include cash contributions from non-United States 
     sources that are used to pay costs of the project.''.
       (b) Report to Congress.--Section 10(1) of such Act (16 
     U.S.C. 4409(a)(1)) is amended in subparagraph (B) by striking 
     ``and'' after the semicolon, in subparagraph (C) by striking 
     the period and inserting ``; and'', and by adding at the end 
     the following:
       ``(D) wetlands conservation projects funded under this Act, 
     listed and identified by type, conservation mechanism (such 
     as acquisition, easement, or lease), location, and 
     duration.''.
       (c) Revisions to Plan.--Section 11 of such Act (16 U.S.C. 
     4410) is amended--
       (1) in the first sentence--
       (A) by striking ``1991'' and inserting ``1998''; and
       (B) by inserting ``and Mexico'' after ``Canada''; and
       (2) by striking the second sentence.

     SEC. 3. ASSESSMENT OF PROGRESS IN WETLANDS CONSERVATION.

       The North American Wetlands Conservation Act (16 U.S.C. 
     4401 et seq.) is amended by adding at the end the following 
     new section:

     ``SEC. 19. ASSESSMENT OF PROGRESS IN WETLANDS CONSERVATION.

       ``Not later than January 31, 1996, the Secretary, in 
     cooperation with the Council, to further the purposes of the 
     Act shall--
       ``(1) develop and implement a strategy to assist in the 
     implementation of this Act in conserving the full complement 
     of North American wetlands systems and species dependent on 
     those systems, that incorporates information existing on the 
     date of the issuance of the strategy in final form on types 
     of wetlands habitats and species dependent on the habitats; 
     and
       ``(2) develop and implement procedures to monitor and 
     evaluate the effectiveness of wetlands conservation projects 
     completed under this Act.''.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR ALLOCATIONS UNDER 
                   NORTH AMERICAN WETLANDS CONSERVATION ACT.

       Section 7(c) of the North American Wetlands Conservation 
     Act (16 U.S.C. 4406(c)) is amended by striking 
     ``$15,000,000'' and all that follows through the end of the 
     sentence and inserting the following: ``$20,000,000 for each 
     of fiscal years 1995 and 1996 and $30,000,000 for each of 
     fiscal years 1997 and 1998.''.

     SEC. 5. CONSERVATION OF COASTAL WETLANDS.

       Section 306(c) of the Coastal Wetlands Planning, Protection 
     and Restoration Act (16 U.S.C. 3955(c)) is amended by 
     inserting ``in coastal wetlands ecosystems'' after ``wetlands 
     conservation projects''.

     SEC. 6. WILDLIFE PARTNERSHIP PROGRAM.

       The Partnerships For Wildlife Act (16 U.S.C. 3741 et seq.) 
     is amended--
       (1) in section 7103(3) (16 U.S.C. 3742(3)) by inserting 
     ``the States and of'' after ``under the leadership of'';
       (2) in section 7104 (16 U.S.C. 3743)--
       (A) by amending paragraph (2) to read as follows:
       ``(2) The term `designated State agency' means the 
     government agency, department, or division of any State that 
     is empowered under the laws of the State to exercise the 
     functions ordinarily exercised by a State fish and wildlife 
     agency.'';
       (B) in paragraph (4) by striking ``section 5(f)'' and 
     inserting ``section 7105(g)'';
       (C) in paragraph (8)(A) by striking the period and 
     inserting a semicolon; and
       (D) in paragraph (8)(C) by--
       (i) striking ``section 3(5)'' and inserting ``section 
     3(6)''; and
       (ii) by striking ``(16 U.S.C. 1362(5))'' and inserting 
     ``(16 U.S.C. 1362(6))'';
       (3) in section 7104 (16 U.S.C. 3743) by--
       (A) redesignating paragraph (8) as paragraph (9); and
       (B) inserting after paragraph (7) the following:
       ``(8) The term `State' means any of the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     Commonwealth of the Northern Mariana Islands, Guam, the 
     United States Virgin Islands, or American Samoa.'';
       (4) in section 7105(d) (16 U.S.C. 3744(d))--
       (A) in paragraph (3) by inserting ``and'' after the 
     semicolon;
       (B) in paragraph (4) by striking ``; and'' and inserting a 
     period; and
       (C) by striking paragraph (5);
       (5) in section 7105 (16 U.S.C. 3744) by amending subsection 
     (e) to read as follows:
       ``(e) Non-Federal Share of Projects.--
       ``(1) State share.--Of the total cost each fiscal year of 
     each project carried out with amounts provided by the 
     Secretary under subsection (a), at least \1/3\ shall be paid 
     with amounts from State, non-Federal sources, except that if 
     designated State agencies from 2 or more States cooperate in 
     implementing such a project at least 30 percent shall be paid 
     with amounts from such State, non-Federal sources. Payments 
     required by this paragraph may not be in the form of an in-
     kind contribution.
       ``(2) Private share.--Of the total cost each fiscal year of 
     each project carried out with amounts provided by the 
     Secretary under subsection (a), at least \1/3\ shall be paid 
     with amounts from voluntary contributions by private entities 
     or persons, except that if designated State agencies from 2 
     or more States cooperate in implementing such a project, at 
     least 30 percent shall be paid from such sources. Subject to 
     the approval of the Secretary, such contributions for a 
     project may be in the form of, but are not required to be 
     limited to, private cash donations, and the contribution of 
     materials, equipment, or services necessary for the 
     project.'';
       (6) in section 7105(g) (16 U.S.C. 3744(g))--
       (A) by amending paragraph (2) to read as follows:
       ``(2) The Secretary shall deposit into the Fund amounts 
     appropriated to the Secretary for deposit to the Fund, of 
     which not more than 4 percent shall be available to the 
     Secretary to defray the costs of administering this chapter 
     and evaluating wildlife conservation and appreciation 
     projects.''; and
       (B) by striking paragraphs (3) and (4); and
       (7) in section 7105(h) (16 U.S.C. 3744(h))--
       (A) by striking ``1995'' and inserting ``1998''; and
       (B) by striking ``to match the amount of contributions made 
     to the Fund by the National Fish and Wildlife Foundation''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Massachusetts [Mr. Studds] will be recognized for 20 minutes, and the 
gentleman from Pennsylvania [Mr. Weldon] will be recognized for 20 
minutes.
  The Chair recognizes the gentleman from Massachusetts [Mr. Studds].
  Mr. STUDDS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 4308 was introduced by Mr. Dingell, Mr. Fields of 
Texas, Mr. Weldon, and myself. It reauthorizes the North American 
Wetlands Conservation Act through the year 1998, and makes important 
changes to further enhance the act's effectiveness. In addition, H.R. 
4308 amends the Coastal Wetlands Planning, Protection and Restoration 
Act to ensure that funds allocated to wetlands conservation projects 
are used for coastal wetlands ecosystems in coastal States. Finally, 
the bill reauthorizes the Partnerships for Wildlife Act through fiscal 
year 1998 at current authorization levels and amends the act to 
facilitate participation by non-Federal parties.
  Wetlands are among the most biologically productive habitats on 
Earth, serving as breeding and wintering grounds for a diverse array of 
fish and wildlife species. In the last two centuries, however, more 
than 50 percent of the wetlands in the lower 48 States have been 
destroyed. The North American Wetlands Conservation Act was enacted in 
1989 to help reverse this disastrous decline by fostering innovative 
public-private partnerships to protect, enhance, restore, and manage 
wetland ecosystems throughout Canada, Mexico, and the United States.
  By all appearances, the act has been a major success and exemplifies 
how the Federal Government can work cooperatively with private 
landowners to protect and restore wetlands. To date, more than $110 
million in Federal dollars has generated over $212 million in partner 
funds, conserving more than 1.3 million acres of wetlands in the United 
States and Canada alone.
  Mr. Speaker, I commend my colleagues from both sides of the aisle for 
their work to further enhance the act's effectiveness. We have produced 
a good bill and I urge all Members to join us in supporting it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WELDON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 4308, the North 
American Wetlands Conservation Fund [NAWCF] reauthorization. I would 
like to commend Chairman John Dingell, Chairman Gerry Studds, and 
ranking member Jack Fields for their hard work in bringing this 
important measure to the House floor.
  On April 28, 1994, Congressman Dingell and I introduced H.R. 4308, 
legislation to reauthorize and expand the NAWCF. The bill increases the 
authorized levels for NAWCF to $20 million for fiscal years 1995 and 
1996 and $30 million for 1997 and 1998. It also strengthens the 
assessment requirements for the program, amends the Partnership for 
Wildlife Act, loosens the restrictions on funding for projects in 
Mexico, and requires that moneys derived from the Coastal Wetlands 
Planning, Protection and Restoration Act are used for projects within 
the national coastal watershed boundary that benefit coastal wetlands 
ecosystems. This last provision is not intended to limit Coastal 
Wetlands Planning, Protection and Restoration Act moneys to saltwater 
or tidal marshes, but rather to ensure that projects benefiting from 
these funds are located within the coastal watershed an assist in the 
preservation of coastal wetlands ecosystems and the migratory birds 
species which depend on them.

  As one of the two Members of the House of Representatives on the 
Migratory Bird Conservation Commission, which approves funding for 
NAWCF projects, I have seen first hand the tremendous impact NAWCF has 
had in protecting and enhancing ecologically critical wetland habitats 
throughout North America.
  The NAWCF is one of the most successful and cost effective wetlands 
preservation initiatives in existence. The fund operates as a public-
private partnership, with Federal grant moneys being matched, often at 
rates as high as 4 to 1, by private, State, and local moneys. Since its 
inception in 1989, non-Federal partners have match roughly $100 million 
in Federal grants with over $200 million of their own resources. To 
date, the NAWCF has led to the preservation, enhancement, or increased 
protection of almost 7 million acres of prime wetland habitat in North 
America.
  As successful as the fund has been, much more still needs to be done. 
The 1993 estimate of North America's breeding duck population is 18 
percent below the average of the last 40 years. For certain species, 
the numbers are far worse. Mallard populations are down 20 percent and 
the northern pintail population has declined by half.
  Habitat loss has played a major role in the decline of these species. 
Only through the continuation and expansion of programs such as the 
NAWCF can we head off even greater losses.
  Some important States within North America's migratory flyways have 
yet to set aside critical wetland habitat under the NAWCF program. My 
own home State of Pennsylvania is one such State.
  Currently, I am working with the three counties--Chester, Montgomery, 
and Delaware--which comprise the Seventh Congressional District to 
ensure that migratory bird habitats within their boundaries are 
protected. The counties' participation is made possible by the passage 
of multimillion dollar open space bond acts in both Chester and 
Montgomery Counties. I am working to ensure that some of these funds, 
totaling over $150 million, are used in combination with NAWCF moneys 
to create the first NAWCF migratory bird habitat protection project in 
Pennsylvania.

  This summer, for the first time, projects that will benefit 
Pennsylvania's vanishing wetlands ecosystems have been proposed. One of 
the projects now being considered for funding under NAWCF in 
Pennsylvania is the Audubon Schuylkill River project.
  The Audubon Schuylkill River proposal is a great example of why NAWCF 
has been such a success. The project proposal, which was drawn up by 
the Chester County Department of Parks and Recreation, leverages 
$900,000 in NAWCF grant funding with contributions of land and money 
totaling $924,700 from Chester County and the Pennsylvania Department 
of Environmental Resources, and technical, monitoring, and management 
assistance from seven other partners. Through this joint effort, over 
330 acres of prime wetlands and associated uplands will be preserved 
and an additional 200 acres of wetlands will be enhanced, resorted, or 
created. If approved, the project will reclaim breeding habitat for 
species such as the least bittern, American bittern, black rail, 
bobolink, and the broad-winged hawk, along with 13 species of migratory 
waterfowl.
  On September 23, 1994, I will be joined by members of the North 
American Wetlands Conservation Council in touring the project site. It 
is my hope that the Audubon Schuylkill River project will be the first 
in a long line of important wetlands restoration projects funded by 
NAWCF in Pennsylvania.
  Mr. Speaker, in conclusion I would like to thank Chairmen Dingell and 
Studds and my committee's ranking member, Jack Fields, for their hard 
work and support in ensuring the timely passage of this vital bill. I 
encourage all my colleagues to join me in supporting H.R. 4803.

                              {time}  1230

  Mr. Speaker, I reserve the balance of my time.
  Mr. STUDDS. Mr. Speaker, I yield 3 minutes to the distinguished 
gentleman from Michigan [Mr. Dingell], whose arrival is extraordinarily 
timely.
  (Mr. DINGELL asked and was given permission to revise and extend his 
remarks.)
  Mr. DINGELL. Mr. Speaker, I thank my dear colleague, the gentleman 
from Massachusetts [Mr. Studds], the chairman of the committee, and I 
also commend my dear friend and colleague, the ranking minority member, 
and also my very special friend who serves with me on the Migratory 
Bird Commission. They are great members and they are to be commended 
for what it is that they have done in presenting this bill to the 
House.
  Mr. Speaker, there has been great and creative work done on the part 
of both the chairman, the gentleman from Texas [Mr. Fields], and the 
gentleman from Pennsylvania [Mr. Weldon], and I commend them for what 
they have done.
  Mr. Speaker, I rise in support of H.R. 4308, legislation to 
reauthorize the North American Wetlands Conservation Act.
  I want to commend the chairman of the committee, Mr. Studds, the 
ranking minority member, Mr. Fields, and one of the chief cosponsors of 
the bill, Mr. Weldon, for tireless and creative work that went into the 
bill.
  Mr. Speaker, I observe this legislation goes well beyond the original 
straight reauthorization legislation I introduced. The program created 
by the statute we crafted several years ago is working well, with a few 
minor exceptions.
  From its inception in 1989, this program has funded 289 wetlands 
conservation projects in 36 States, 10 Canadian provinces and 8 Mexican 
States, conserving more than 1.3 million acres of wetlands in Canada 
and the United States alone. The traditional manner of protecting 
wetlands is through outright purchase using Federal dollars. This 
program stretches dollars through cooperative agreements between the 
Federal, State and nongovernmental organizations. More than $110 
million in Federal North American Wetland Conservation Act has 
generated more than $212 million in so-called partnership funds. That 
kind of leverage--for Federal money--is hard to find. And it has been 
private conservation groups such as Ducks Unlimited and the Nature 
Conservancy that have made substantial commitments of their resources 
to make the program a success.
  My biggest concern is that projects under this program utilize too 
many short term agreements. In my mind, long term conservation, which 
is terminology from the original statute, means protecting the 
resources for at least 25 years, and mostly, in perpetuity. The 
committee report reinforces this interpretation, and I expect future 
projects will take this admonition seriously.
  The committee made other constructive modifications to my bill to 
reauthorize the program. Authorizing cash contributions from non-United 
States sources will create opportunities for more projects in Mexico. 
The enhanced planning and reporting will give the Council and the 
Commission more tools to plan future projects, and expand the scope of 
those projects. My one caution, however, is while project diversity is 
an important goal, the original intent of the program was, and still 
is, to protect migratory waterfowl. If we stray too far from this 
foundation, we may undermine the strength and purpose of the program.
  I also want to thank the committee for taking my concerns into 
account in section 5 of the legislation, dealing with the conservation 
of coastal wetlands. Language was inserted making reference to official 
NOAA coastal zone boundary characterization reports that make almost 80 
percent of Michigan eligible to qualify to receive project 
consideration.
  Mr. Speaker, this is good legislation and reauthorizes a program 
marked by success.
  I urge its adoption.
  Mr. WELDON. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Texas [Mr. Fields].
  (Mr. FIELDS of Texas asked and was given permission to revise and 
extend his remarks.)
  Mr. FIELDS of Texas. Mr. Speaker, I rise in support of H.R. 4308, a 
bill that reauthorizes the North American Wetlands Conservation Act.
  The purpose of the North American Wetlands Conservation Act is to 
conserve wetland ecosystems and the species they support, which are 
primarily waterfowl. This act provides the financial assistance 
necessary for the implementation of the North American Waterfowl 
Management Plan, an agreement originally signed in 1986, to reverse our 
continent's loss of wetlands and to stem the decline in populations of 
migratory birds.
  Wetlands are among the most productive habitats on earth--serving as 
breeding, nursing, and wintering grounds for an array of fish and 
wildlife. In the last two centuries, some wetlands in the lower 48 
States have been lost. As a result, certain waterfowl and other 
migratory birds in Canada, Mexico, and the United States have declined. 
To aid in recovery of waterfowl populations, the United States and 
Canada signed the North American Waterfowl Management Plan in 1986. 
This plan is a strategy to increase continental waterfowl populations 
by restoring and protecting their habitats. To achieve this, the plan 
relies upon partnerships of public agencies and private organizations, 
called joint ventures, to fund and implement wetland conservation 
projects.
  The act seeks to promote public-private partnerships to protect, 
enhance, restore, and manage wetland ecosystems for migratory birds and 
other wetland-dependent species in Canada, Mexico, and the United 
States. Since the act's inception, 275 wetland projects in 36 States, 
Canada, and Mexico have been funded.
  To date, such partnerships have invested over $300 million to 
protect, restore, and enhance more than 1.2 million acres of wetlands, 
providing vital habitat for a rich diversity of wildlife species. The 
plan is recognized in the United States as a model for wetlands 
management and conservation partnerships.
  Mr. Speaker, this bill is a positive step toward protecting, 
restoring, and managing wetland ecosystems and the species dependent on 
these areas. I support its adoption.
  Mr. WELDON. Mr. Speaker, I urge passage of this legislation, and I 
yield back the balance of my time.
  Mr. STUDDS. Mr. speaker, I should like to commend the members of the 
committee who at this point remain uncommended, and I yield back the 
balance of my time.
  The SPEAKER pro tempore. (Mr. Montgomery). The question is on the 
motion offered by the gentleman from Massachusetts [Mr. Studds] that 
the House suspend the rules and pass the bill, H.R. 4308, as amended.
  The question was taken.
  Mr. WALKER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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