[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.
____________________