[Congressional Record Volume 143, Number 130 (Thursday, September 25, 1997)]
[Senate]
[Pages S9974-S9976]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CHAFEE (for himself, Mr. Breaux, Mr. Lieberman, Mr. 
        Faircloth, Mr. Robb, Mr. Sarbanes, Mr. D'Amato, Mrs. Murray, 
        Mr. Murkowski, Mr. Warner, Mr. Reed, Ms. Landrieu,

[[Page S9975]]

        Mr. Graham, Ms. Mikulski, Mr. Dodd, Mr. Moynihan, and Mr. 
        Mack):
  S. 1222. A bill to catalyze restoration of estuary habitat through 
more efficient financing of projects and enhanced coordination of 
Federal and non-Federal restoration programs, and for other purposes; 
to the Committee on Environment and Public Works.


        the estuary habitat restoration partnership act of 1997

  Mr. CHAFEE. Mr. President, I rise today with Senator Breaux and 
Senators Lieberman, Faircloth, Robb, Sarbanes, Murray, D'Amato, 
Murkowski, Warner, Reed, Landrieu, Graham, Mikulski, Dodd, Moynihan, 
and Mack to introduce the Estuary Habitat Restoration Partnership Act 
of 1997. Estuaries, those bays, gulfs, sounds, and inlets where fresh 
water meets and mixes with salt water from the ocean, provide some of 
the most ecologically and economically productive habitat in the world. 
They benefit our economy, they benefit our health, in short, they are 
good for the soul.

  More than 75 percent of the commercial fish and shellfish harvested 
in the United States depend on estuaries at some stage in their 
lifecycle. Estuaries are also home to a large percentage of the 
Nation's endangered and threatened species and half of its neotropical 
migratory birds. Moreover, the livelihood of 28 million Americans 
depends on estuaries and coastal regions.
  Regrettably, estuaries are in danger. Within the last 30 years, 
coastal regions have become home to more than half of the Nation's 
population. This population explosion has taken its toll. Fish catches 
are at their lowest, shellfish beds have been closed, and the economic 
livelihood and quality of life of our coastal communities is 
threatened.
  The increase in nonpoint source pollution, such as agricultural 
runoff, also has made its mark. And in the Chesapeake Bay, the recent 
pfiesteria outbreak that has killed hundreds of fish and even harmed 
human health is an unfortunate example of what can happen when the 
balance between harmful nutrients that pollute the waters take over.
  The habitats estuaries provide for an extraordinary diversity of fish 
and wildlife are shrinking fast, jeopardizing jobs in fishing and 
tourism. The many values that estuaries bring to our lives could one 
day be gone.
  The future of estuary habitat need not be a gloomy one. Estuaries can 
be restored. A variety of efforts, ranging from school classrooms 
planting eel grass in a coastal inlet to the restoration of freshwater 
flows into an entire bay area, have brought estuaries back to life. The 
demands on Federal funding for estuary restoration activities exceed 
available resources. We therefore must make the most of limited public 
resources by enlisting the support of our States, communities, and the 
private sector.
  The Estuary Habitat Restoration Partnership Act of 1997 will help 
rebuild these national treasures by focusing these limited resources on 
the restoration of vital estuary habitat. This bill is unique, in that 
it builds a renewed commitment to community-driven restoration. It is 
not a regulatory measure. Rather than provide mandates, it provides 
incentives and gives concerned citizens more of an opportunity to get 
involved in the effort.
  Also, it is flexible. Every community's approach to restoring 
estuaries will vary depending upon the unique needs of the particular 
area. What works well in Rhode Island's waters may not work in a more 
temperate areas like coastal California and Louisiana.
  The bill also creates strong and lasting partnerships between the 
public and private sectors, and among all levels of government. It 
brings together existing Federal, State, and local restoration plans, 
programs, and studies. To ensure that restoration efforts build on past 
successes and current scientific understanding, the bill encourages the 
development of monitoring and maintenance capabilities.
  Above all, this bill will benefit the environment, the economy, and 
the quality of life of the Nation. Estuaries are ecologically unique. 
The complex variety of habitats--river deltas, sea grass meadows, 
forested wetlands, shellfish beds, marshes, and beaches--supports a 
fluorishing range of wildlife and plants. Because fish and birds 
migrate, the health of these habitats is intertwined with the health of 
other ecosystems thousands of miles away. Estuaries also are perhaps 
the most prolific places on Earth.
  Economically, this bill will benefit those Americans whose 
livelihoods depend on coastal areas. The commercial fishing industry, 
which depends heavily on these areas, contributes $111 billion per year 
to the national economy. Tourism and recreation also stand to benefit.
  Finally, estuaries are essential to our quality of life. Listen to 
this figure: In 1993, 180 million Americans, approximately 70 percent 
of the population, visited estuaries to fish, swim, hunt, dive, view 
wildlife, hike, and learn.
  I urge my colleagues to support this important effort to restore the 
marshes, wetland and aquatic life that nourish our fish and wildlife, 
enhance water quality, control floods, and provide so many lasting 
benefits for the Nation. Before I conclude, I want to thank my 
colleague from Louisiana, Senator Breaux, for all of his help on this 
issue. I also want to give a special thanks to Restore America's 
Estuaries and to Rhode Island Save the Bay for all of their hard work, 
without which this effort would not have been possible.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                      Section-by-Section Analysis

          Estuary Habitat Restoration Partnership Act of 1997


                          Sec. 1.--Short Title

       This section designates the title of the bill as the 
     ``Estuary Habitat Restoration Partnership Act of 1997''.


                           Sec. 2.--Findings

       This section cites Congress' findings on the ecological and 
     economic value of estuaries.


                           Sec. 3.--Purposes

       The purposes of this Act are to: provide a voluntary, 
     community-driven, incentive-based program to catalyze the 
     restoration of one million acres of estuary habitat by the 
     year 2010; assure the coordination and leveraging of existing 
     Federal, State and local restoration programs, plans and 
     studies; create effective restoration partnerships among 
     public agencies at all levels of government, and between the 
     public and private sectors; promote the efficient financing 
     of estuary habitat restoration activities to help leverage 
     limited federal funding; and develop monitoring and 
     maintenance capabilities to assure that restoration efforts 
     build on the successes of past, current efforts, and sound 
     science.


                          Sec. 4.--Definitions

       This section defines several terms used throughout the Act. 
     Among the most important definitions:
       ``Estuary'' is defined as a body of water and its 
     associated physical, biological and chemical elements, in 
     which fresh water from a river or stream meets and mixes with 
     salt water from the ocean.
       ``Habitat'' is defined as the complex of physical and 
     hydrologic features and living organisms within estuaries and 
     their associated ecosystems, including salt and fresh water 
     coastal marshes, coastal forested wetlands and other coastal 
     wetlands, tidal flats, natural shoreline areas, shellfish 
     beds, sea grass meadows, kelp beds, river deltas, and river 
     and stream banks under tidal influence.
       ``Restoration'' is defined as an activity that results in 
     improving an estuary's habitat, including both physical and 
     functional restoration, with a goal towards a self-
     sustaining, ecologically based system that is integrated with 
     its surrounding landscape.


           Sec. 5.--Establishment of a Collaborative Council

       This section establishes a Collaborative Council chaired by 
     the Secretary of the Army; with the participation of the 
     Under Secretary for Oceans and Atmosphere, Department of 
     Commerce; the Secretary of the Interior, through the U.S. 
     Fish and Wildlife Service; the Administrator of the 
     Environmental Protection Agency; and the Secretaries of 
     Agriculture and Transportation. It sets forth the decision 
     making procedures to be followed by the Council in its two 
     principal functions, which are: (1) the development of a 
     habitat restoration strategy and (2) the selection of habitat 
     restoration projects.


            Sec. 6.--Functions of the Collaborative Council

       This section creates a process to coordinate, streamline 
     and leverage existing Federal, State and local resources and 
     activities directed toward estuary habitat restoration.
       Habitat Restoration Strategy.--The Council is required to 
     draft a strategy to provide a national framework for estuary 
     habitat restoration by identifying existing restoration 
     plans, integrating overlapping restoration plans, and 
     identifying appropriate processes for the development of 
     restoration plans, where needed. In developing the strategy, 
     the Council shall consider: the contribution of estuary 
     habitat to wildlife, fish and shellfish, surface and ground 
     water quantity and

[[Page S9976]]

     quality, flood control, outdoor recreation, and other areas 
     of concern; estimated historic, current, and future losses of 
     estuary habitat; the most appropriate method for selecting 
     estuary restoration projects; and procedures to minimize 
     duplicative application requirements for landowners seeking 
     assistance for habitat restoration activities.
       Selection of Projects.--The Council is required to 
     establish application criteria for restoration projects based 
     on a number of criteria, including: the level of support from 
     non-Federal persons for the development and long-term 
     maintenance and monitoring of the project; whether the 
     project criteria fall within the habitat restoration strategy 
     developed by the Council and are set forth in existing 
     estuary habitat restoration plans; whether the State has a 
     dedicated fund for estuary restoration; the level of private 
     funding for the restoration project; and the technical merit 
     and feasibility of the proposal.
       Priority Projects.--Among the projects that meet the 
     criteria listed above, the Council shall give priority for 
     funding to those projects that: are part of an approved 
     Federal estuary management or habitat restoration plan; 
     address a restoration goal outlined in the habitat 
     restoration strategy; have a non-Federal share that exceeds 
     50 percent; and are subject to a nonpoint source program that 
     addresses upstream sources that would otherwise re-impair the 
     restored habitat.
       The Council may not select a project under this section 
     until each non-Federal interest participating in the project 
     has entered into a written cooperation agreement to provide 
     for the maintenance and monitoring of the proposed project. 
     This section authorizes $4,000,000 for the operating expenses 
     of the Council.


           Sec. 7.--Habitat Restoration Project Cost-Sharing

       This section strengthens local and private-sector 
     participation in estuary restoration efforts by building 
     public-private restoration partnerships. It establishes a 
     non-Federal share match requirement of no less than 35 
     percent but no more than 75 percent of the cost of a project. 
     A project applicant may waive the 35 percent minimum 
     requirement; however, if the applicant demonstrates a need 
     for a reduced non-Federal share in accordance with the 
     requirements of the Water Resources Development Act of 1986. 
     Land easements, services, or other in-kind contributions may 
     be used to meet the Act's non-Federal match requirements.


  Sec. 8.--Monitoring and Maintenance of Habitat Restoration Projects

       This section assures that available information will be 
     used to improve the methods for assuring successful long-term 
     habitat restoration. To that end, it requires the Under 
     Secretary for Oceans and Atmosphere (NOAA) to maintain a 
     database of restoration projects carried out under this Act, 
     including information on project techniques, project 
     completion, monitoring data, and other relevant information.
       This section also requires the Collaborative Council to 
     publish a biennial report to Congress that includes program 
     activities, including the number of acres restored; the 
     percent of restored habitat monitored under a plan; the types 
     of restoration methods employed; the activities of 
     governmental and non-governmental entities with respect to 
     habitat restoration; and the effectiveness of the 
     restoration.


                  Sec. 9.--Memoranda of Understanding

       This section authorizes the Council to enter into 
     cooperative agreements and execute memoranda of understanding 
     with Federal and State agencies, private institutions, and 
     Indian tribes, as necessary to carry out the requirements of 
     this Act.


   Sec. 10.--Distribution of Appropriations for Habitat Restoration 
                                Projects

       This section authorizes the Secretary to disburse funds to 
     the other agencies responsible for carrying out the 
     requirements of this Act.


                        Sec. 11.--Authorizations

       This section provides that funds currently authorized to be 
     appropriated for the Corps of Engineers for land acquisition, 
     environmental improvements and aquatic ecosystem restoration 
     may be used to implement habitat restoration projects 
     selected by the Council. This section also authorizes 
     appropriations of $40,000,000 for fiscal year 1999; 
     $50,000,000 for fiscal year 2000; and $75,000,000 for each of 
     fiscal years 2001 through 2003 to carry out this Act.


                      Sec. 12.--General Provisions

       This section provides the Secretary with the authority to 
     carry out responsibilities under this Act, and it clarifies 
     that habitat restoration is one of the Corps' primary 
     missions. It further clarifies that nothing in this Act 
     supersedes existing Federal or State laws, and that agencies 
     are required to carry out activities in a manner consistent 
     with the provisions of this Act and other existing laws.

  Mr. BREAUX. Mr. President, I am pleased and honored to join with my 
friend and colleague, Senator John Chafee, chairman of the Senate 
Committee on Environment and Public Works, to introduce legislation to 
restore America's estuaries. Our bill is entitled the ``Estuary Habitat 
Restoration Partnership Act of 1997''.
  Estuaries are a national resource and treasure. As a nation, 
therefore, we should work together at all levels and in all sectors to 
help restore them.
  I am also pleased that 15 other Senators have joined with Senator 
Chafee and me as original cosponsors of the bill. Together, we want to 
draw attention to the significant value of the Nation's estuaries and 
the need to restore them.
  It is also my distinct pleasure today to say with pride that 
Louisianians have been in the forefront of this movement to recognize 
the importance of estuaries and to propose legislation to restore them. 
The Coalition to Restore Coastal Louisiana, an organization which is 
well known for its proactive work on behalf of the Louisiana coast, has 
been from the inception an integral part of the national coalition, 
Restore America's Estuaries, which has proposed and supports the 
restoration legislation.
  The Coalition to Restore Coastal Louisiana and Restore America's 
Estuaries are to be commended for their leadership and initiative in 
bringing this issue to the Nation's attention.
  In essence, the bill introduced today proposes a single goal and has 
one emphasis and focus. It seeks to create a voluntary, community-
driven, incentive-based program which builds partnerships between the 
Federal Government, State, and local governments and the private sector 
to restore estuaries, including sharing in the cost of restoration 
projects.
  In Louisiana, we have very valuable estuaries, including the 
Ponchartrain, Barataria-Terrebonne, and Vermilion Bay systems. 
Louisiana's estuaries are vital because they have helped and will 
continue to help sustain local communities, their cultures and their 
economies.
  I encourage Senators from coastal and noncoastal States alike to 
evaluate the bill and to join in its support with Senator Chafee, me 
and the 15 other Senators who are original bill cosponsors.
  I look forward to working with Senator Chafee and other Senators on 
behalf of the bill and with the Coalition to Restore Coastal Louisiana 
and Restore America's Estuaries.
  By working together at all levels of government and in the private 
and public sectors, we can help to restore estuaries. As important, we 
can, together, help to educate the public about the important roles 
which estuaries play in our daily lives through their many 
contributions to public safety and well-being, to the environment, and 
to recreation and commerce.

                          ____________________