[Congressional Record Volume 146, Number 47 (Thursday, April 13, 2000)]
[Senate]
[Pages S2760-S2762]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BOND (for himself and Mrs. Lincoln):
  S. 2441. A bill to amend the Federal Water Pollution Control Act to 
establish a program for fisheries habitat protection, restoration, and 
enhancement, and for other purposes; to the Committee on Environment 
and Public Works.


                          fishable waters act

 Mr. BOND. Mr. President, I rise today to introduce the 
Fishable Waters Act with my colleague from Arkansas, Senator Lincoln. 
This is consensus legislation from a uniquely diverse spectrum of 
interests to establish a comprehensive, voluntary, incentive-based, 
locally-led program to improve and restore our fisheries.
  Put simply, this legislation enables local stakeholders to get 
together to design water quality projects in their own areas that will 
be eligible for some $350 million federal assistance to implement for 
the benefit of our fisheries and water quality. It does not change any 
existing provisions, regulatory or otherwise, of the Clean Water Act.
  The Fishable Waters Act compliments existing clean water programs 
that are designed to encourage, rather than coerce the participation of 
landowners. This legislation will work because it will empower people 
at the local level who have a stake in its success and who will have 
hands-on involvement in its implementation.
  It is supported by members of the Fishable Waters Coalition which 
includes the American Sportfishing Association, Trout Unlimited, the 
Izaak Walton League of America, the National Corn Growers Association, 
the National Council of Farmer Cooperatives, the Bass Anglers Sportsman 
Society, the American Fisheries Society, the International Association 
of Fish and Wildlife Agencies, and the Pacific Rivers Council. These 
groups have labored quietly but with great determination for several 
years to produce this consensus proposal to build on the success of the 
Clean Water Act.
  As my colleagues understand, it is at great peril that anyone in this 
town undertakes to address clean water-related issues but the need is 
too great and this approach too practical to not embrace it, introduce 
it, and work to achieve the wide-spread support it merits.
  A companion bill is being introduced by Congressman John Tanner in 
the House. That measure is being cosponsored by Representatives Roy 
Blunt, John Dingell, Nancy Johnson, Charles Stenholm, Sherwood 
Boehlert, Wayne Gilchrest, Pat Danner, Phil English, Christopher John 
and Jim Saxton.
  Joining us yesterday for the kickoff were representatives of the 
Fisable Waters Coalition and a special guest, a fishing enthusiast who 
some may know otherwise as a top-ranked U.S. golfer, David Duval. ``Why 
am I here? I like to fish. I've done it as long as I can remember,'' 
Duval said. ``I want my kids to be able to have healthy habitats for 
fish. I want my grandkids and my great-grandkids to be able to do what 
I enjoy so much, and I think this could make a big difference.''
  This bipartisan and consensus legislation is intended to capture 
opportunities to build on the success of the Clean Water Act. It 
enables local stakeholders to get together with farmers who own 70 
percent of our nation's land to design local water quality projects 
that will be eligible for some $350 million in federal assistance for 
the benefit of our fisheries and water quality.
  Instead of Washington saying, ``you do this and you pay for it'' and 
instead of Washington saying, ``you do this but we'll help you pay for 
it'', this legislation lets local citizens design projects that can be 
eligible for federal assistance. For farmers, the idea of protecting 
land for future generations is not an abstract notion because the 
farmers in my State know that good stewardship is good for them and 
their families. Their challenge is that while they feed this nation and 
provide some $50 billion in exports, they do not have the ability to 
pass additional costs onto consumers like corporations do. For the 2 
million people who farm to provide environmental benefits for 
themselves and the rest of the nation's 270 million people, they need 
partners because they cannot afford to do it by themselves. This 
legislation recognizes that reality.
  While one can expect a great deal of controversy surrounding any 
comprehensive Clean Water effort, the consensus that has built around 
this approach is cause for great optimism that this legislation will be 
the vehicle to make significant additional progress in improving water 
quality.
  I congratulate members of the Coalition for producing and supporting 
this consensus legislation and I look forward to working with Senator 
Lincoln

[[Page S2761]]

and my other Senate colleagues to move this legislation forward.
  I ask unanimous consent to have printed in the Record a one-page 
summary of the bill.
  There being no objection, the material was ordered be printed in the 
Record, as follows:

               Fishable Waters Act Bill Summary in Brief


                                purpose

       This legislation begins with the premise that while great 
     progress has been made in improving water quality under the 
     Clean Water Act, more opportunities remain. The particular 
     emphasis on this legislation is on opportunities to address 
     fisheries habitat and water quality needs.
       The findings include that it shall be the policy of the 
     United States to protect, restore, and enhance fisheries 
     habitat and related uses through voluntary watershed planning 
     at the state and local level that leads to sound fisheries 
     conservation on an overall watershed basis.
       To carry out this objective, a new section is added to the 
     Clean Water Act.


                                program

       The legislation authorizes the establishment of voluntary 
     and local Watershed Councils to consider the best available 
     science to plan and implement a program to protect and 
     restore fisheries habitat with the consent of affected 
     landowners.
       Each comprehensive plan must consider the following 
     elements: characterization of the watershed in terms of 
     fisheries habitat; objectives both near- and long-term; 
     ongoing factors affecting habitat and access; specific 
     projects that need to be undertaken to improve fisheries 
     habitat; and any necessary incentives, financial or 
     otherwise, to facilitate implementation of best management 
     practices to better deal with non-point source pollution 
     including sediments impairing waterways.
       Projects and measures that can be implemented or 
     strengthened with the consent of affected landowners to 
     improve fisheries habitat including stream side vegetation, 
     instream modifications and structures, modifications to flood 
     control measures and structures that would improve the 
     connection of rivers to low-lying backwaters, oxbows, and 
     tributary mouths.
       With the consent of affected landowners, those projects, 
     initiatives, and restoration measures identified in the 
     approved plan become eligible for funding through a Fisheries 
     Habitat Account.
       Funds from the Fisheries Habitat Account may be used to 
     provide up to 15 percent for the non-federal matching 
     requirement under including the following conservation 
     programs: The Wetlands Reserve Program; The Environmental 
     Quality Incentives Program; The National Estuary Program; The 
     Emergency Conservation Program; The Farmland Protection 
     Program; The Conservation Reserve Program; The Wildlife 
     Habitat Incentives Program; The North American Wetlands 
     Conservation Program; The Federal Aid in Sportfish 
     Restoration Program; The Flood Hazard Mitigation and Riverine 
     Ecosystem Restoration Program; The Environmental Management 
     Program; and The Missouri and Middle Mississippi Enhancement 
     Project.
       The Secretary of the Interior is authorized to develop an 
     urban waters revitalization program ($25m/yr) to improve 
     fisheries and related recreational activities in urban waters 
     with priority given to funding projects located in and 
     benefitting low-income or economically depressed areas.
       $250 million is authorized annually through Agriculture for 
     the planning and implementation of projects contained in 
     approved plans.
       States with approved programs may, if they choose, transfer 
     up to 20 percent of the funds provided to each state through 
     the Clean Water Act's $200 million Section 319 non-point 
     source program to implement planned projects.
       Up to $25 million is authorized annually through Interior 
     for measures to restrict livestock assess to streams and 
     provide alternative watering opportunities and $50 million is 
     authorized annually to provide, with the cooperation of 
     landowners, minimum instream flows and water 
     quantities.
  Mrs. LINCOLN. Mr. President, I rise today to join my colleague from 
Missouri, Kit Bond, in introducing the Fishable Waters Act. This bill 
is aimed at restoring and maintaining clean water in our Nation's 
rivers, lakes, and streams. This bill will provide funding for programs 
with a proven track record of conserving land, cleaning up the 
environment, and promoting clean and fishable waters. This legislation 
takes the right approach to reducing non-point source pollution. It's 
voluntary. It's incentive-based. And if encourages public-private 
partnerships.
  Our State Motto, ``The Natural State,'' reflects our dedication to 
preserving the unique natural landscape that is Arkansas. We have 
towering mountains, rolling foothills, an expansive Delta, countless 
pristine rivers and lakes, and a multitude of timber varieties across 
our state. From expansive evergreen forests in the South, to the 
nation's largest bottomland hardwood forest in the East, as well as one 
of this nation's largest remaining hardwood forests across the Northern 
one-half of the state, Arkansas has one of the most diverse ecosystems 
in the United States. Most streams and rivers in Arkansas originate or 
run through our timberlands and are sources for water supplies, prime 
recreation, and countless other uses. We also have numerous outdoor 
recreational opportunities and it is vital that we take steps to 
protect the environment.
  This bill utilizes current programs within the U.S. Department of 
Agriculture that have a proven track record of reducing non-point 
sources of pollution and promoting clean and fishable water through 
voluntary conservation measures. Existing USDA programs like the 
Wetlands Reserve Program, the Environmental Quality Incentives Program, 
Conservation Reserve Program, and Wildlife Habitat Incentives Program, 
assist farmers in taking steps towards preserving a quality 
environment.
  CRP and WRP are so popular with farmers, that they will likely reach 
their authorized enrollment cap by the end of 2001. Mr. President, 
farmers wouldn't flock to these programs unless there was an inherent 
desire to ensure that they conserved and preserved our Nation's water 
resources.
  Arkansas ranks third in the number of enrolled acres in USDA's 
Wetlands Reserve Program because our farmers have recognized the vital 
role that wetlands play in preserving a sound ecology.
  WRP is so popular in AR that we have over 200 currently pending 
applications that we cannot fill because of lack of funding. That's 
over 200 farmers that want to voluntarily conserve wetland areas around 
rivers, lakes, and streams. We need to fill that void in funding for 
these beneficial programs. This bill will help farmers in Arkansas and 
across the nation to voluntarily conserve sensitive land areas and 
provide buffer strips for runoff areas.
  Farmers make their living from the soil and water. They have a vested 
interest in ensuring that these resources are protected. I don't 
believe that our nation's farmers have been given enough credit for 
their efforts to preserve a sound environment.
  As many of you know, farming has a special place in my heart because 
I was raised in a seventh generation farm family. I know first hand 
that farmers want to protect the viability of their land so they can 
pass it on to the next generation. This bill is about more than 
agriculture though. It strikes the right balance between our 
agricultural industry and another pastime that I feel very strongly 
about, hunting and fishing.
  Over the years many people have been surprised when they learn that I 
am an avid outdoorsman. I grew up in the South where hunting and 
fishing are not just hobbies, they're a way of life. My father never 
differentiated between taking his son or daughters hunting or fishing, 
it was just assumed that we would all take part. For this, I will be 
forever grateful because I truly enjoy the outdoors, and the time I 
spent hunting and fishing is a big part of who I am today.
  We are blessed in Arkansas to have such bountiful outdoor 
opportunities. For these opportunities to continue to exist we must 
take steps to ensure that our nation's waters are protected. Trout in 
Arkansas' Little Red River and mallards in the riverbottoms of the 
Mississippi Delta both share a common need of clean water. And that is 
what we are ultimately striving for with this legislation: an 
effective, voluntary, incentive based plan to provide funding for 
programs that promote clean water.
  Mr. President, I want to again stress the importance of voluntary 
programs.
  We cannot expect to have success by using a heavy-handed approach to 
regulate our farmers, ranchers, and foresters into environmental 
compliance. Trying to force people into a permitting program to reduce 
the potential for non-profit runoff may actually discourage responsible 
environmental practices.
  I agree with the EPA's objective of cleaning up our nation's impaired 
rivers, lakes, and streams, but firmly believe that a permitting 
program is not the best solution to the problem of maintaining clean 
water. Placing another unnecessary layer of regulation

[[Page S2762]]

upon our nation's local foresters will only slow down the process of 
responsible farming and forestry and the implementation of voluntary 
Best Management Practices.
  Mr. President, this legislation takes the right approach to clean and 
fishable waters. It's voluntary. It's incentive-based. And it 
encourages public-private partnerships to clean up our Nation's rivers, 
lakes, and streams.
  I encourage my colleagues to join us in the fight for clean and 
fishable waters.
                                 ______