[Congressional Record Volume 143, Number 105 (Wednesday, July 23, 1997)]
[Extensions of Remarks]
[Pages E1491-E1493]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        AMERICAN HERITAGE RIVERS

                                 ______
                                 

                          HON. SILVESTRE REYES

                                of texas

                    in the house of representatives

                        Wednesday, July 23, 1997

  Mr. REYES. Mr. Speaker, I am concerned about efforts by some of my 
colleagues to prohibit any further action on the American Heritage 
Rivers Initiative, which was proposed by President Clinton in his State 
of the Union Address earlier this year.
  In the committee report accompanying the Agriculture Appropriations 
Act for fiscal year 1998, H.R. 2160, language is included stipulating 
that ``Funds for [the American Heritage Rivers] initiatives are not 
available until justification and reprogram requests are approved.'' In 
addition, Representative Helen Chenoweth has introduced a bill to 
prohibit any further action on the initiative.
  I am a very strong supporter of this initiative and am working very 
actively with my colleagues along the Rio Grande River to submit a 
proposal for consideration for designation as 1 of the first 10 rivers 
to be designated.
  The Rio Grande River is rich in history, with dramatic contrasts. 
Some stretches offer incredible scenery and a pristine environment, 
while others are marred by the stench of pollution that threatens 
public health. For roughly 1,000 miles, the Rio Grande, known in Mexico 
as the Rio Bravo, serves as an international boundary. The river has 
provided the water needed for border towns to grow into sister cities. 
It has nurtured industry, agriculture, and the development of commerce 
on both sides of the border, but demand for its water is exceeding 
supply in many places. How we secure the quantity and quality of water 
needed from the Rio Grande and other sources will be crucial to the 
prospects for sustaining growth for our region in the 21st century.
  The possibility for designation of the Rio Grande as an American 
Heritage River offers an opportunity for communities along the Rio 
Grande to work together and gain easier, more direct access to existing 
Federal assistance. The designation would help us celebrate our 
heritage, draw attention to the natural wonders of our river and, at 
the same time, address very real and complex challenges facing its 
wonders of our river and, at the same time, address very real and 
complex challenge facing its future. Proposals for designation will be 
evaluated on whether the plans have strong or solid community support 
which involve partnerships between the public and private sectors.
  The Federal Government is to offer a partnership determined by the 
needs of the local communities, offering them ways to cut through 
redtape and develop innovative arrangements for new or existing 
objectives. There are to be no new regulations or standards, and 
property rights are not to be impaired.
  It is important to note that this opportunity comes at the same time 
that the Texas legislature has passed a major overhaul of our State's 
water law to help communities and regions work together in planning for 
the future. The Rio Grande was cited as a special case and agencies 
were instructed to seek Federal assistance.
  Regional councils of government along the border are meeting now to 
frame a proposal to be sent to the White House on behalf of those local 
jurisdictions that wish to participate. The proposed partnership is to 
have key Federal agencies assist the communities of the Rio Grande 
develop the long-term assessments of their water needs called for by 
the water plan that Governor George Bush recently signed into law. A 
broader partnership is being proposed under which the Federal, State 
and local authorities working with business and civic groups will 
assist Rio Grande communities to participate in the 1998 Smithsonian 
Folklife Festival in Washington, DC. That year's festival will focus on 
the Rio Grande/Rio Bravo and provide a unique opportunity for us to 
share our rich heritage with over 1 million visitors.
  A focus on the Rio Grande is something Texas can get behind. We are 
proud of our river and want to assert our stake in its future. The 
proposed being drafted will make sure that Federal jurisdiction is not 
expanded, that no new regulations are imposed as a result of the 
designation, and that no one's property rights or water rights are 
affected. Our effort is being designed and managed by Texans on behalf 
of a heritage we share with our neighbors and fellow Americans.
  I urge all of my colleagues to join me in supporting the American 
Heritage Rivers Initiative and opposing efforts to kill this important 
initiative.
  Finally, Mr. Speaker, I am submitting for the record a list of 
questions I submitted to the Council on Environmental Quality and the 
responses I received. I believe this documents answers all of the 
concerns that have been expressed by citizens and my colleagues.

         Executive Office of the President, Council on 
           Environmental Quality,
                                    Washington, DC, July 18, 1997.
     Hon. Silvestre Reyes
     U.S. House of Representatives,
     Washington, DC.
       Dear Representative Reyes: Thank you for your recent letter 
     requesting additional information on the American Heritage 
     Rivers initiative. I appreciate your continued support and 
     outstanding leadership in the Congress. I have attached 
     answers to the 25 questions. I hope this information is 
     helpful to you.
       Please let me know if I can be of further assistance.
           Sincerely,
                                       Kathleen A. McGinty, Chair.
       Enclosure.


   Answers in Response to Questions Submitted Regarding the American 
                       Heritage Rivers Initiative

       1. Q: Can the designation be, in effect, a contract between 
     the local jurisdictions and the federal government in which 
     the terms, the scope and the limitations of the designation 
     are set out clearly and agreed upon by all parties?
       A: There is nothing in the initiative that requires 
     applicants to enter into any type of agreement with the 
     federal government. Designation is the recognition of local 
     communities' efforts to enhance and protect their river 
     resources.
       As a practical matter, the federal government cannot enter 
     into ``contracts,'' in the legal sense, with communities. 
     However, the federal government often enters into Memoranda 
     of Understanding with state, tribal and local governments and 
     nongovernmental organizations. Designated communities will 
     have the option of entering into Memoranda of Understanding 
     at the local level to explain the terms, scope and 
     limitations of designation and how they want to work with 
     federal agencies.
       2. Q: Will a designation carry with it any new federal 
     regulation, mandate, or increased eligibility standards? Can 
     that be asserted in a designation proclamation?
       A: No. Designation as an American Heritage River will not 
     carry with it any new federal regulation, mandate or 
     increased eligibility standards.
       As stated in the Federal Register Notices of May 19 and 
     June 10, ``The [American Heritage Rivers] initiative will 
     create no new regulatory requirements for individuals or 
     state and local governments.'' This can be asserted in a 
     designation proclamation.

[[Page E1492]]

       The goal of the American Heritage Rivers initiative is to 
     support communities, within existing laws and regulations, by 
     providing them with better access to information, tools and 
     resources, and encouraging private funding of local efforts 
     deserving of special recognition.
       3. Q. Will and AHR designation affect property rights and/
     or water rights in any way?
       A: No. An American Heritage Rivers designation will not 
     adversely affect property or water rights. The initiative 
     will not grant any federal, state or local government entity 
     any new authority or control over private property. The 
     comment period was extended, in part, to work with landowners 
     and other interested parties to better understand the 
     initiative. During this period, we have listened to these 
     concerns and have developed the following language that will 
     be included in the final description of the American 
     Heritage Rivers initiative to demonstrate our intent not 
     to diminish property and water rights:
       ``In implementing the American Heritage Rivers initiative, 
     Federal departments shall act with due regard for the 
     protections of private property provided by the Fifth 
     Amendment to the United States Constitution.''
       4. Q: Can there be procedures for prohibiting any changes 
     in existing private property, water and/or development rights 
     on land along a river in connection with activities 
     recognized under an AHR designation? Or: Can there be 
     procedures for geographic areas within the designated 
     geographic area to be exempted from activities recognized 
     under the AHR designation?
       A: The local and state governments establish procedures for 
     changes to existing private property, water and/or 
     development rights. Any geographic areas within the 
     designated geographic area to be exempted from such 
     activities will be identified by the local sponsoring 
     organization.
       5. Q: What is the procedure that makes the projects of an 
     American Heritage River designee a priority to federal 
     agencies? What could be the practical benefit of that?
       A: After the President designates the rivers, the 
     Secretaries of the participating federal agencies will enter 
     into a Memorandum of Understanding describing how they will 
     work together to create the American Heritage Rivers 
     initiative.
       The practical benefit is that communities will have easier 
     access to information about existing federal resources and 
     help in targeting funding and technical assistance resources 
     most appropriate to their needs.
       As stated in the Federal Register Notices of May 19 and 
     June 20, an ``interagency task force will work with each 
     River Community as it is designated to identify technical and 
     funding needs. First, a team of planning and technical 
     assistance experts will help each designated River Community 
     assess its strategy and implementation plan to identify 
     technical assistance and funding needs. Then, federal 
     agencies will commit field staff and resources to the teams, 
     which will also include non-federal partners, such as state, 
     local, tribal governments and nongovernmental 
     organizations.''
       This means that each interagency task force will work 
     closely with the community to meet identified community 
     needs. Not every community will require the resources and 
     programs of every federal agency. The ``River Navigator'' 
     will be a full-time liaison between the community and the 
     federal agencies. The resources and staff of the agencies 
     will be accessed as appropriate and needed.
       6. Q: Does an AHR designation have to include the full 
     watershed/basin of the river? How does an applicant set the 
     geographical limits of the designation?
       A: An American Heritage Rivers designation does not have to 
     include the full watershed or basin of the river. Communities 
     set the geographical limits of the application and the 
     designation is confined to those limits.
       7. The Federal Register mentions the restoration of rivers.
       a. What is meant by restoration?
       Restoration is any activity that returns an area to a 
     former use or condition. The extent of restoration activities 
     will be defined by the communities in their applications.
       b. If there is a designation, will that mean local 
     acquiescence to a federal effort to restore that river to 
     previous uses or to a natural state untouched by human 
     activities?
       Absolutely not. The community will identify what they want 
     to do within a designated area. The American Heritage Rivers 
     initiative is not about ``local acquiescence to a federal 
     effort.'' It is about federal agencies working closely with 
     communities to achieve the communities' goals.
       c. Does ``restoration'' have to be a part of the proposal 
     in order to secure a designation?
       Restoration does not have to be part of any designation. 
     The community decides its priorities and seeks designation 
     based on that community's needs.
       8. Q: Could a designation enable local jurisdictions along 
     the Rio Grande to have a stronger and more active voice with 
     federal and international activities such as Border XXI, 
     NADBank, BECC and the IBWC? If so, how?
       A: We are hopeful that the American Heritage River 
     designation will provide many more avenues for the federal 
     government to form partnerships with local communities. There 
     are a number of existing opportunities along the border, 
     including Border XXI, NADBank, BECC and IBWC, that the 
     communities along the Rio Grande might identify in their 
     application. Representatives from these programs would be 
     included in the federal assistance team working with the 
     designated river's community to ensure that the community's 
     goal and objectives are integrated into these institutions' 
     decision making.
       9. Q: Once a river has been designated in response to the 
     communities' application, can the projects and activities 
     within the original application be modified or added to at a 
     later time? Who can make such changes and who would decide or 
     approve them?
       A: The community can make changes or modifications to their 
     plan consistent with the process and criteria used to develop 
     and recognize the application by the community and the 
     federal government.
       10. Q: How can the designation be used to encourage Mexican 
     enforcement of environmental laws that deal with discharge 
     into the Rio Grande?
       A: The American Heritage Rivers initiative does not alter 
     existing environmental law or dispute resolution processes.
       11. Q: As a Rio Grande application is drafted, could 
     representatives from relevant federal agencies be made 
     available to field questions regarding the AHR program and 
     how each agency might give priority to the designated rivers?
       A: Yes. Federal agency representatives were trained in a 
     video uplink on June 17 to answer questions about the 
     American Heritage Rivers initiative. Lists of these employees 
     will be available in mid-July.
       12. Q: Does federal attention to water flow needs and water 
     quality automatically follow a designation or must it be 
     something specifically identified in the application?
       A: No federal attention automatically follows a 
     designation, unless it is requested by the community in its 
     application. The federal agencies will assess whether such a 
     request is authorized by Congress, that funds are 
     appropriated for such action, or can be appropriated if the 
     action is approved.
       13. Q: Would a designation of the Rio Grande mean federal 
     funds would be diverted from other activities in the state to 
     the designated river's program?
       A: No. The initiative will help communities through better 
     use and coordination of existing programs and resources. 
     Communities will only receive funds for which they would be 
     otherwise eligible, under the authorization and appropriation 
     terms of Congress.
       14. Q: Can the CEQ make public the designation proposals it 
     has received from Texas?
       A: As the application process has not opened, no proposals 
     have been received from Texas, or any other state. Many 
     communities requested nomination of their rivers following 
     the President's State of the Union Address. These communities 
     have been asked to submit formal applications, once those 
     applications are available in mid-September.
       American Heritage Rivers is committed to an open process 
     and full disclosure. Information will be made available about 
     applications received.
       On the American Heritage Rivers homepage, we are asking 
     people to self report their interests in specific river 
     designations. You can access the homepage at: http://
www.epa.gov.owow.heritage.rivers.html
       15. Q: Will procedures be put in place whereby the 
     applicant can ask to have a designation rescinded and/or 
     given activities and/or geographical rescinded?
       A: Yes. As stated in the June 20 Federal Register Notice, 
     ``Any community which nominates a river for designation and 
     has its river designated, may have this designation 
     terminated at its request at any point in the future.''
       16. Q: How is the AHRI associated with the United Nations 
     or the NAFTA or their agencies?
       A: The American Heritage Rivers initiative has not been 
     associated with the United Nations or NAFTA. As stated in the 
     June 20 Federal Register Notice, ``Foreign governments and 
     their international organizations will not have a role in 
     sponsoring a nomination to be an American Heritage River nor 
     will they have any authority granted to them as a result of 
     an American Heritage River designation.''
       17. Q: If planning of a capital intensive scenic route or 
     nature trail along a river was part of an AHR designation, 
     would a subsequent proposal for appropriation of new money 
     for the projects planned be prejudiced by the ``no new 
     money'' commitment?
       A: No. Substantial federal resources have already been 
     authorized and appropriated by Congress. Therefore, projects 
     otherwise eligible for funding would not be prejudiced 
     against because of an American Heritage Rivers designation. 
     In fact, for some projects, the cooperation of the federal, 
     state and local agencies through the American Heritage Rivers 
     initiative could strengthen a subsequent proposal for funds.
       18. Q: Why is the AHRI needed to get the federal agencies 
     to do what they are supposed to be doing anyway?
       A: The federal agencies have done an excellent job of 
     cooperating more effectively. Interagency cooperation is at 
     an all-time high, which is good news for taxpayers. But as 
     the Administration's effort has found, the job of reinvention 
     is never complete. The National Performance Review, directed 
     by Vice President Gore, continuously seeks to create a 
     government that works better and costs less through focusing 
     on customer service, developing partnerships and delegating 
     power to the front lines.

[[Page E1493]]

       The American Heritage Rivers can help accomplish this in 
     four ways:
       1. To recognize outstanding community-led efforts. The 
     American Heritage Rivers initiative is the most important 
     recognition of local river efforts in 20 years.
       2. To serve as models of the most innovative, successful 
     and sustainable approaches to river restoration and 
     protection for communities across the United States. The 
     lessons learned from these models can be applied to programs 
     across the country.
       3. To ensure that federal agencies are cooperating to the 
     greatest extent possible. At a time of declining federal 
     resources, the Administration believes the decisions about 
     prioritizing federal programs should come from the affected 
     communities.
       4. To encourage greater agency cooperation across 
     disciplines and programs. There is a continuing need to 
     integrate the environmental, economic and historic 
     disciplines of not only the federal government, but state and 
     local governments as well.
       19. Q: What protection is there in the AHRI for the rights 
     of those in a community that do not favor a designation?
       A: As stated in the June 20 Federal Register Notice, ``A 
     local mechanism will be required that allows members of a 
     community to comment on the nomination of a river or river 
     stretch by their community.''
       The nomination process will be fully controlled, discussed 
     and organized at the local level. The concerns of all members 
     of a community should be aired as the nomination is prepared. 
     Communities submitting applications should make opportunities 
     available for members of the local public to comment on the 
     nomination. Elected officials are expected to participate in 
     the nomination process. The Administration will also make 
     public the nominations that it receives.
       20. Q: Will a designation application gain points in the 
     scoring process if it has bipartisan support?
       A: Yes. Bipartisan support will help a community 
     demonstrate that it meets the criterion of broad community 
     support.
       21. Q: Would requests for federal agency help to prepare 
     for participation in the Smithsonian Institute's 1998 
     American Folklife Festival be an appropriate activity under 
     the AHRI?
       A: Yes. The community defines appropriate activities under 
     the American Heritage Rivers initiative.
       22. Q: Could local requests for federal grants and 
     cooperative assistance to improve use of river water in 
     irrigation be recognized as part of an AHR designation?
       A: Again, the community defines appropriate activities 
     under the American Heritage Rivers initiative. If a community 
     decided to seek federal grants and cooperative assistance to 
     improve use of river water in irrigation that would 
     definitely be considered if the river gained American 
     Heritage River status. The American Heritage Rivers 
     initiative would not alter or affect any laws or rights 
     relating to river or water flows.
       23. Q: Are applications for designation required to include 
     specific projects for implementation under the designation? 
     If yes, what is the impact on other projects in the 
     designated area that are not included in the designation 
     application?
       A: One of the criteria for designation is that communities 
     have in hand, or are developing, a well-defined plan of 
     action for the river. Projects and products, including any 
     anticipated impacts beyond the designated river area, are 
     part of this plan of action. Other components of the action 
     plan are community vision, operating procedures and policies, 
     description of how the proposal takes into account existing 
     plans for the area, public participation and public 
     education, committed and anticipated resources, schedule of 
     actions, the community's expectation of the federal role, 
     obstacles to community action, including those the community 
     believes can be resolved by joint federal, state and local 
     support, and measures of success.
       There is not necessarily an impact on other projects in the 
     designated area that are not included in the designation 
     application. Some projects, of course, may be dependent on 
     each other.
       24. Q: can an AHR designation create a situation to allow 
     one of its projects to circumvent existing and required local 
     and/or regional planning processes? If not, would an 
     application for designation be eligible for consideration if 
     specific projects were not mentioned, but the application 
     stressed the desire to acquire designation to attain an 
     increased federal focus to aid in encouraging and supporting 
     local, regional and state planning processes that would 
     result in projects that are in compliance with local, state 
     and federal requirements?
       A: No. American Heritage Rivers designation will not be a 
     means for projects to circumvent local or regional planning 
     processes. Quite the contrary. The goal of American Heritage 
     Rivers is to look to local or regional planning processes and 
     to ensure that the federal agencies are cooperating 
     sufficiently to streamline processes to help communities 
     realize their goals wherever possible. All actions, by all 
     involved with the initiative at the federal, state and local 
     levels, must take place within existing laws and regulations.
       If the community wished to identify appropriate roles for 
     and services from the federal agencies, assistance with 
     local, state and regional planning processes would be 
     eligible. All the projects under consideration in a 
     designated area do not necessarily have to be mentioned in 
     the application. However, to the extent that these projects 
     demonstrate how the community meets the criteria, including 
     broad community support and strategies that lead to action, 
     their inclusion is to the benefit of the applying community.
       25. Q: Is it the intent of the AHRI to designate rivers on 
     the basis of demonstrated historical, cultural, economic and 
     environmental significance, or to designate rivers based on 
     the merits of proposed projects?
       A: Both. It is the intent of the American Heritage Rivers 
     to designate rivers on the basis of their demonstrated 
     historical, cultural, economic and environmental significance 
     and the commitment the communities have to preserving and 
     restoring these resources. Projects identified by the 
     community should integrate, to the largest extent possible, 
     the environmental, historic and economic aspects of their 
     communities.

     

                          ____________________