[Congressional Record Volume 143, Number 44 (Tuesday, April 15, 1997)]
[House]
[Page H1507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  WETLANDS RESTORATION AND IMPROVEMENT

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from North Carolina [Mr. Jones] is recognized for 5 minutes.
  Mr. JONES. Mr. Speaker, I rise today to announce the introduction of 
H.R. 1290, the Wetlands Restoration and Improvement Act. This 
legislation builds upon the mitigation banking bill I introduced last 
year and also the Federal guidance which was issued in 1995.
  My eastern North Carolina district includes a majority of the coast 
and four major river basins; specifically, 65 percent of the land can 
be classified as wetlands. The citizens are directly affected by 
wetlands and the numerous regulations that protect the wetlands. I have 
been contacted by farmers, business owners and State and local 
officials, landowners and even the military for advice and guidance in 
hopes of reaching a balance between protecting these valuable wetlands 
and improving water quality but also allowing for eco-safe development.
  Quite frankly, these different opinions have led to years of 
confrontation instead of reaching common sense solutions. I believe 
that in order to make progress we need cooperation instead of 
confrontation. It is time to find a middle ground on which everyone can 
agree on and everyone can win.
  This commonsense approach is mitigation banking.
  Mitigation banking is a concept embraced by regulators, developers 
and the environmental community. It is a balanced approach to improving 
the wetland mitigation process. Mitigation banking recognizes the need 
to protect our wetlands resources while balancing the rights of 
property owners to have reasonable use of their properties.
  Wetlands mitigation banking allows private property owners to pay 
wetlands experts to mitigate the impact their development has on 
wetlands. Those experts working with regulators do the mitigation in 
banks of lands which are set aside and restored to wetlands status.
  Years ago the Federal Government adopted a no-net-loss wetlands 
policy. Due to the belief at the time that a majority of the Nation's 
wetlands had been destroyed, a whole system of regulations were 
designed to stop further destruction of our wetlands, one part being 
the requirement of a landowner to mitigate his or her wetland damage.
  Quite frankly, traditional mitigation is not working. It is too 
expensive, time consuming and ineffective. Approximately 90 percent of 
onsite mitigation is unsuccessful.
  Mr. Speaker, unlike other mitigation projects, mitigation banks are 
complete ecosystems. Regulators usually require that more wetlands be 
restored in a bank than are destroyed in a project. So instead of only 
trying to protect remaining wetlands, with mitigation banking we are 
actually increasing wetland acreage.
  What is more, because the mitigation banks give economic value to 
wetlands, potentially billions of private sector dollars could flow 
into restoring wetlands and sensitive watersheds.
  However, Federal legislation is needed. Mr. Speaker, mitigation 
banking has been occurring but is very limited because regulators have 
no statutory guidance. Also, investors are hesitant to invest the money 
needed to restore wetlands without legal certainty.
  The Wetlands Restoration and Improvement Act will give wetlands 
mitigation banking the statutory authority it needs to flourish, and it 
will begin restoring the wetlands that many thought were lost forever.
  Specifically, the legislation requires the banks to meet rigorous 
financial and legal standards to ensure that the wetlands are restored 
and preserved over a long time, provides for ample opportunity for 
meaningful public participation, and, third, the bank itself has a 
credible long-term operation and maintenance plan.
  This legislation can and should be a bipartisan effort to ensure that 
in the next century we will do what we have to do in order to protect 
valuable wetlands. I hope my colleagues will join me, Mr. Speaker, in 
supporting this bill.

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