[Congressional Record Volume 142, Number 35 (Thursday, March 14, 1996)]
[Senate]
[Pages S2101-S2102]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAIG (for himself and Mr. Kempthorne):
  S. 1614. A bill to provide for the stabilization, enhancement, 
restoration, and management of the Coeur d'Alene River Basin watershed, 
and for other purposes; to the Committee on Environment and Public 
Works.


  the coeur d'alene river basin environmental restoration act of 1996

  Mr. CRAIG. Mr. President, I am today introducing, with the 
cosponsorship of Senator Kempthorne, the Coeur d'Alene River Basin 
Environmental Restoration Act of 1996. This legislation would allow for 
a workable solution to clean up the historic effects of mining on the 
Coeur d'Alene Basin in north Idaho.
  This legislation establishes a process that is centered around an 
action plan developed between the Governor of the State of Idaho and a 
Citizens Advisory Commission comprised of 13 representatives of 
affected State and Federal Government agencies, private citizens, the 
Coeur d'Alene Indian Tribe, and affected industries. The 
responsibilities of this commission are very important to the ultimate 
success of cleaning up the basin.
  The Silver Valley of north Idaho has made contributions to the 
national economy and to all of our country's war efforts for well over 
a century. The Federal Government has been involved in every phase of 
mineral production over the history of the valley. It is, therefore, 
appropriate that Congress specifically legislate a resolution of 
natural resources damages in the Coeur d'Alene Basin and participate in 
funding such a plan.
  I want to make clear this legislation does not interfere with the 
ongoing Superfund cleanup within the 21-square mile Bunker Hill site. 
This legislation sets up a framework for voluntary cleanup of affected 
areas outside this 21-square mile area. In drafting this legislation, I 
have worked with the mining industry, the Coeur d'Alene tribe, local 
governments, the Governor of Idaho and citizens in north Idaho. It is 
only through the involvement of all these parties that a solution will 
be reached.
  Throughout this effort it has been clear that all parties want the 
basin cleaned up, and they want the cleanup done with the concerns of 
local citizens and entities addressed and with controls and cleanup 
decisions made in Idaho, not in Washington, DC. These are the guiding 
principles that I have applied in developing this legislation.
  Local cleanup has already begun in the headwaters of the basin's 
drainage. Nine Mile Creek and Canyon Creek have had proven engineering 
designs implemented within their drainages. The Coeur d'Alene River 
Basin Environmental Restoration Act of 1996 would assure that this type 
of meaningful restoration could continue. However, the actions needed 
in each part of the basin are not clear. That is why my bill calls for 
the Governor of Idaho and the Citizens Advisory Commission to develop 
an action plan that can address the varying conditions within the 
basin. For example, engineering solutions will certainly work in 
portions of the basin--but not every place. The steeper gradient 
streams in the upper basin respond well to engineering fixes, but these 
types of fixes may only exacerbate problems in the lower, flatter 
portions of the basin. Local input and control through the action plan 
can address such diversity and the need for varying environmental 
fixes.
  The Department of Justice is currently threatening a lawsuit for 
alleged natural resources damages in the area addressed by this 
legislation. For the Federal Government to follow such a course would 
be folly. When the Federal Government litigates under Superfund, the 
members of the legal

[[Page S2102]]

profession benefit, as litigation eats away at whatever resources are 
available for a cleanup. Litigation does not benefit the citizens 
affected by a cleanup and certainly does not benefit the resources that 
are purported to be the primary consideration when such a suit is 
pursued. I do not intend to see cleanup resources in north Idaho to go 
to litigation and not to cleanup. It is my goal to see the Coeur 
d'Alene basin cleanup is not litigated away. That is the reason I have 
introduced this legislation. It will clean up the basin, not 
litigiously waste the basin's resources.
  I think it is an important step toward a historic cleanup of a very 
important and beautiful area of the country.
       By Mr. BREAUX (for himself and Mr. JOHNSTON):

  S. 1615. A bill to modify the project for navigation, Mississippi 
River Ship Channel, Gulf to Baton Rouge, LA, and for other purposes; to 
the Committee on Environment and Public Works.


              CHALMETTE SLIP DREDGING PROJECT LEGISLATION

  Mr. BREAUX. Mr. President, I introduce today, together with my senior 
colleague from Louisiana, Senator J. Bennett Johnston, a bill to 
authorize the Corps of Engineers to conduct maintenance dredging for 
the Chalmette Slip. The project is needed to assist the St. Bernard 
Port, Terminal and Harbor District conduct its current daily business 
more effectively and to facilitate future development.
  Located in St. Bernard Parish near mile 90.5 of the Mississippi 
River, the project's authorization would be carried out as part of the 
currently authorized and ongoing operations and maintenance project for 
the Mississippi River, Baton Rouge to the Gulf of Mexico.
  The slip's depth is now approximately 30 feet. The authorization 
would allow it to be deepened to 33 feet, over a distance of 
approximately 1,500 feet.
  With the additional depth needed to help the port operate more 
effectively and to improve its operations, the project certainly is a 
justified one.
  Senator Johnston and I are hopeful that the proposed Chalmette Slip 
authorization will be included as part of the Water Resources 
Development Act legislation when it is taken up by the Senate.
  We urge its consideration and passage.
                                 ______