[Congressional Record Volume 143, Number 38 (Friday, March 21, 1997)]
[Extensions of Remarks]
[Pages E553-E554]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             CALIFORNIA FLOODS EMERGENCY REPAIR ACT OF 1997

                                 ______
                                 

                             HON. VIC FAZIO

                             of california

                    in the house of representatives

                        Thursday, March 20, 1997

  Mr. FAZIO of California. Mr. Speaker, today I have introduced the 
California Floods Emergency Repair Act of 1997.
  California experienced a major flood catastrophe during December and 
January which resulted in nine deaths and an estimated 2 billion 
dollars' worth of damages to homes, businesses, and property. 
Agricultural losses are estimated to exceed $150 million, and losses to 
our national forests exceed $100 million.
  Eight national parks in California were damaged including $176 
million in damage to one of the National Park System's crown jewels--
Yosemite National Park.
  More than 100,000 Californians were evacuated from their homes.
  Fortunately, the President, at the urging of the California 
delegation, has submitted a dire emergency supplemental appropriation 
request to assist the many emergency agencies who have been working 
night and day both during the catastrophe and during the recovery 
period. We owe a great debt to the Federal Emergency Management Agency, 
the Corps of Engineers, the Bureau of Reclamation, and the Department 
of Agriculture among many agencies who have provided skilled and timely 
assistance to many Californians.
  During January, flood-fights were a common occurrence in California 
as the Corps of Engineers worked with State and local officials to 
repair breached levees, strengthen weak spots, and ensure that further 
lives and property would not be lost.
  The Fish and Wildlife Service announced on January 23 that emergency 
natural disaster provisions of the Endangered Species Act of 1973 [ESA] 
are in effect for 42 California counties and will remain in effect 
throughout the 1997 flood season. Interior Secretary Babbitt has 
reiterated this pledge to suspend the ESA during this year's flood 
season.
  The purpose of my bill is to give this decision the force of law and 
to make it crystal clear to those involved in maintenance and repair of 
our flood control system that Congress stands behind this pledge.
  Emergency repair work should go forward without normal ESA 
consultation and without the specter of costly mitigation once the 
repairs are made and the Sun is shining.
  The bill makes it clear that any work performed by FEMA, the Corps of 
Engineers, the Bureau of Reclamation, or the National Resources 
Conservation Service under their emergency authorities, are exempt from 
provisions of ESA.
  My bill also goes one step further. The Corps of Engineers has been 
directed to do a complete assessment of the flood control system 
throughout California in order to identify short-term and long-term 
plans for strengthening the existing system. Such a study may point out 
the need for maintenance or repairs to damaged facilities that are 
necessary to bring the facilities to substantially the same condition 
that existed prior to the floods.
  My bill would ensure that the exemption to ESA covers such necessary 
repairs as well, even if the repairs are pushed past this year's flood 
season.
  Unfortunately, some have seen the catastrophe of the California 
floods as an opportunity to allow sweeping changes in the Endangered 
Species Act that would alter it dramatically. Although I believe that 
some refinements in the ESA may be in order based on our experience 
base in California and elsewhere, our catastrophe is not the time to 
consider a major policy overhaul. My bill is a simple exemption linked 
to the emergency, a concept already given credence by the actions of 
Interior Secretary Bruce Babbitt and the Fish and Wildlife Service.
  I urge my colleagues on the Appropriations Committee and in the House 
to move the President's request forward with all deliberate speed. 
California is not the only State affected by winter disasters, and 
Americans in many parts of the country need this assistance 
immediately. It is my intention to offer this bill as an amendment to 
the dire emergency supplemental appropriations bill to put the 
authority of Congress behind these important considerations.
  In short, California faces a significant challenge in assessing and 
repairing our flood control system, and in restoring the level of

[[Page E554]]

confidence of our citizens as the same time we restore our system. 
While lives and property remain at risk, our normal procedures under 
the Endangered Species Act must, temporarily, stand aside.
  The California Floods Emergency Repair Act of 1997 will ensure that 
the lives and property of our people will continue to be paramount.

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