[Congressional Record Volume 143, Number 1 (Tuesday, January 7, 1997)]
[Extensions of Remarks]
[Page E71]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       THE FLORIDA WETLANDS MITIGATION BANKING STUDY ACT OF 1997

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                           HON. BILL McCOLLUM

                               of florida

                    in the house of representatives

                        Tuesday, January 7, 1997

  Mr. McCOLLUM. Mr. Speaker, today I am introducing legislation to 
authorize a study on a topic of growing environmental importance, 
mitigation banking. Specifically, this bill authorizes the Army Corps 
of Engineers to conduct a 2-year study in Florida on the process of 
authorizing mitigation banking and its effectiveness.
  In an effort to minimize impacts to wetlands, mitigation banks have 
been created. In the past, developers who adversely impacted a wetland 
area were required to either restore an existing wetland or create a 
new one. The restoration was usually performed on the impact site and 
often resulted in small, scattered wetlands which were not effective in 
maintaining or restoring the overall health of the watershed.
  A mitigation bank typically consists of a large parcel of land on 
which an entity voluntarily restores, enhances, creates, or preserves 
wetlands and uplands. These entities may be a developer or group of 
developers, a public agency, or a private firm that has rights to land 
for the creation of a mitigation bank. A bank is formed through an 
agreement between regulatory agencies and the bank sponsor. The entity 
establishing the mitigation bank is then given mitigation credits for 
work on the wetlands. Credits are assigned by State and Federal 
regulators, including local water management districts and the Army 
Corps of Engineers. These credits can be used as a ``debit'' at another 
site to offset unavoidable damage to wetlands.
  Mr. Speaker, this process is becoming more and more widespread. 
Because of the potential impact mitigation banking has for the nation, 
it is important to examine it further to better identify both the 
advantages and disadvantages of the process. My bill allows the Corps 
to conduct a study which analyzes the establishment and use of 
mitigation banks under current federal guidelines and Florida law to 
determine if any further federal action is needed. Florida was chosen 
as a study state because it has some of the most advanced statutes and 
regulations on mitigation banks, and a large number of mitigation banks 
have already been established and used.
  As this realively new procedure begins to spread, I believe that it 
is important that all aspects and potential effects are examined. My 
bill will provide a study that I hope will clarify the future federal 
role. I encourage your support for this bill and look forward to 
working with many of my colleagues on its passage.

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