[Congressional Record Volume 146, Number 55 (Monday, May 8, 2000)]
[House]
[Pages H2621-H2623]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS AND TO REAUTHORIZATION

  Mr. HORN. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1237) to amend the Federal Water Pollution Control Act to permit 
grants for the national estuary program to be used for the development 
and implementation of a comprehensive conservation and management plan, 
to reauthorize appropriations to carry out the program, and for other 
purposes, as amended.
  The Clerk read as follows:

                               H.R. 1237

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. NATIONAL ESTUARY PROGRAM.

       (a) Additions to National Estuary Program.--Section 
     320(a)(2)(B) of the Federal Water Pollution Control Act (33 
     U.S.C. 1330(a)(2)(B)) is amended by inserting ``Lake 
     Ponchartrain Basin, Louisiana and Mississippi; Mississippi 
     Sound, Mississippi;'' before ``and Peconic Bay, New York.''.
       (b) Grants.--Section 320(g) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1330(g)) is amended by striking 
     paragraphs (2) and (3) and inserting the following:
       ``(2) Purposes.--Grants under this subsection shall be made 
     to pay for activities necessary for the development and 
     implementation of a comprehensive conservation and management 
     plan under this section.
       ``(3) Federal share.--The Federal share of a grant to any 
     person (including a State, interstate, or regional agency or 
     entity) under this subsection for a fiscal year--
       ``(A) shall not exceed--
       ``(i) 75 percent of the annual aggregate costs of the 
     development of a comprehensive conservation and management 
     plan; and
       ``(ii) 50 percent of the annual aggregate costs of the 
     implementation of the plan; and
       ``(B) shall be made on condition that the non-Federal share 
     of the costs are provided from non-Federal sources.''.
       (c) Authorization of Appropriations.--Section 320(i) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1330(i)) is 
     amended by striking ``$12,000,000 per fiscal year for each of 
     fiscal years 1987, 1988, 1989, 1990, and 1991'' and inserting 
     ``$50,000,000 for each of fiscal years 2000 through 2004''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Horn) and the gentleman from Pennsylvania (Mr. Borski) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Horn).
  Mr. HORN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 1237, introduced by the gentleman from New Jersey 
(Mr. Saxton), reauthorizes and improves the National Estuary Program, a 
broadly supported, nonregulatory approach to estuary conservation and 
management.

[[Page H2622]]

  Under the current National Estuary Program, the Environmental 
Protection Agency, EPA, provides assistance to States, local 
governments, and other interested parties to form a management 
conference for an estuary of national significance and to develop a 
long-term management plan for that estuary.
  A total of 28 estuaries are currently in the National Estuary 
Program, known as NEP, and an estimated $50 billion will be needed to 
restore and to protect them. The majority of the estuaries in the 
program have already developed their long-term management plans and are 
now trying to implement them.
  Unfortunately, the Clean Water Act, section 320, only allows Federal 
assistance for development of these plans and not for implementation. 
Passage of H.R. 1237 would authorize the Environmental Protection 
Agency to provide assistance for management plan implementation as well 
as development.
  This bill is important for taking the next step to restore and 
protect our Nation's estuaries which provide important environmental 
and economic benefits to the entire Nation.
  I thank the Committee on Transportation and Infrastructure and the 
Subcommittee on Water Resources and Environment, on which I serve, and 
their bipartisan leadership on both the full committee and the 
subcommittee. They deserve our thanks for their assistance in bringing 
this bill to the floor for action.
  Mr. Speaker, I strongly support the passage of H.R. 1237, and I urge 
my colleagues to do the same.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BORSKI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 1237, to amend and 
reauthorize the Environmental Protection Agency's National Estuary 
Program.
  Estuaries and coastal environments are precious natural resources 
that need to be restored and protected. They provide essential habitat 
for numerous fish and wildlife especially suited for life at the shore. 
In addition, estuaries provide important recreation areas, 
transportation linkages, and sources of residential and industrial 
water supplies vital to the needs of this country.
  Recognizing the importance of estuary areas, in 1987 Congress amended 
the Clean Water Act to establish the National Estuary Program to 
promote comprehensive planning for long-term protection of our Nation's 
estuaries. This program authorized funding for the development of 
Comprehensive Conservation and Management Plans for estuaries of 
national significance.
  Currently, 28 estuaries have been incorporated into the National 
Estuary Program. Of this number, 21 have completed the developments of 
their CCMPs and have begun implementation of the conservation plans. 
Funding for implementation has been provided predominantly by State and 
local organizations. Only limited Federal funds have been provided 
through the annual appropriation process since 1998.
  Mr. Speaker, the legislation under consideration today would amend 
the National Estuary Program to specifically authorize Federal funds 
for use in implementation of the CCMPs. H.R. 1237 would reauthorize the 
NEP through fiscal year 2004, and raise the authorization level to $50 
million per year to ensure that greater funding is available for 
implementation of the management plans.
  In addition, H.R. 1237, as amended by the Committee on Transportation 
and Infrastructure, would authorize two additions to the list of 
estuaries eligible for priority consideration under the NEP. This would 
permit the Administrator of the Environmental Protection Agency to 
begin the process of developing CCMPs for the Mississippi Sound and the 
Lake Pontchartrain Basin. I want to commend our committee colleagues, 
the gentleman from Mississippi (Mr. Taylor), the gentleman from 
Louisiana (Mr. Vitter) and the gentleman from Louisiana (Mr. Jefferson) 
for their work on this issue.
  Finally, Mr. Speaker, I thank the gentleman from Pennsylvania 
(Chairman Shuster) and the gentleman from New York (Chairman Boehlert) 
for their willingness to address the issue of treatment works as 
defined by the Clean Water Act and the application of section 513.
  Mr. Speaker, I support the bill and urge its approval.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HORN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank the gentleman from Pennsylvania (Mr. Borski). He 
has always been constructive and he has done a great job as the ranking 
member on the Subcommittee on Water Resources and Environment. And I 
certainly thank the gentleman from Minnesota (Mr. Oberstar), the 
ranking member of the full committee, and I think we all thank the 
gentleman from Pennsylvania (Mr. Shuster) and the gentleman from New 
York (Mr. Boehlert) for their very precise and hard-fought efforts for 
this very worthwhile legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WU. Mr. Speaker, I rise today as a cosponsor of H.R. 1237. This 
bipartisan bill has great benefits to the people in my home State and I 
urge my colleagues to support it. H.R. 1237 reauthorizes the National 
Estuary Program, or NEP, which in turn provides desperately needed 
grants to improve the habitat, water quality and diverse plant and 
wildlife that depend on our Nation's estuaries.
  In Oregon, the NEP has included the Lower Columbia River Estuary. 
Because of the NEP; the citizens businesses and governments of Oregon 
have been able to focus on the 146 miles of tidally influenced waters 
below the Bonneville Dam. The NEP requires the estuaries to create a 
management plan. The Columbia River plan defines specific actions for 
habitat, land use, and conventional and toxic pollutants. This common 
sense measure will serve fish and wildlife habitat and water quality in 
three important ways: prevention of further loss, protection and 
enhancement of existing resources, and restoration where damage has 
already occurred.
  Mr. Speaker, one-in-six jobs in Oregon depends on the Columbia River. 
This magnificent river is home to many diverse animals and plants. In 
the Northwest we are faced with the challenge in ensuring that several 
of these species of plants and animals do not go extinct. Furthermore, 
in many of these resource-based communities, it is additionally 
challenging to ensure that the economies are developed and have a voice 
in the protection of their estuary.
  With participation in the NEP, the Lower Columbia River Estuary 
Program has analyzed the problems with the estuary and has developed 
recommendations for dealing with them. Whether it is preserving the 
biological integrity of the estuary, mitigating the impacts of human 
activity and growth, controlling the entrance of conventional and toxic 
pollutants or engaging in public awareness, the NEP assists Oregon and 
other communities like it around the Nation.
  I urge my colleagues to join me in supporting H.R. 1237.
  Mr. SAXTON. Mr. Speaker, I would like to thank Chairman Shuster and 
the Committee on Transportation and Infrastructure for their hard work 
and dedication to the National Estuary Program (NEP) and their support 
of reauthorization of H.R. 1237 with the requested amount of funding. 
H.R. 1237, which I introduced, will reauthorize the NEP at $50 million 
annually for FY 2000 through FY 2004 and allow Federal funds to be used 
for implementation, in addition to development of Comprehensive 
Conservation and Management Plans (CCMPs.)
  Congress recognized the importance of preserving and enhancing 
coastal environments with the establishment of the National Estuary 
Program, as section 320 of the Clean Water Act Amendments of 1987. This 
popular program has not been authorized since 1991, but appropriately 
continues to be funded. The NEP's purpose is to facilitate state and 
local governments' preparation of ``Comprehensive Conservation and 
Management Plans'' (CCMPs) for threatened and impaired estuaries.
  In support of this effort, section 320 authorizes the EPA to make 
grants to States to develop CCMPs for 30 designated estuaries across 
the country. While the NEP has been successful in developing these 
CCMPs (20 of which have been completed), the law does not authorize 
appropriations for implementation of the CCMPs--a deficiency which 
threatens to slow our progress in restoring these estuaries.
  My own State of New Jersey has three approved sites in the NEP, one 
of which, Barnegat Bay, lies primarily within my District. The Barnegat 
Bay watershed drains from a land area of approximately 550 square 
miles.
  Over 450,000 people live within the Barnegat Bay watershed. That 
population doubles in the summer as people flock to the shore. The 
continued economic health of the Barnegat Bay watershed is dependent on 
the continued health and natural beauty of its waters. The Barnegat Bay 
Estuary is not only a

[[Page H2623]]

vital component of New Jersey's tourist industry, but is an important 
natural resource that supports populations of commercially and 
recreationally significant fish and rare and endangered species.
  Non-point source pollution, while diffuse, is cumulatively the most 
important issue in addressing adverse impacts on water quality and the 
health of living resources in the Bay. The contaminants found in rain 
and snowmelt, as well as groundwater, contribute to non-point source 
pollution. The Final Comprehensive and Conservation Management Plan for 
Barnegat Bay will be available to the public in May 2000 for public 
review. But without the additional funding for this program, as well as 
explicitly permitting the NEPs to use Federal funds for implementation 
of their programs, the Federal government would have absolved itself of 
responsibility as a partner with the states in protecting and enhancing 
the Nation's most endangered habitats.
  Therefore, I would like to thank my colleagues for supporting this 
important bill and protecting our Nation's natural resources for future 
generations.
  Mr. BENTSEN. Mr. Speaker, I rise in support of H.R. 1237, the 
National Estuary Program (NEP) Reauthorization. In 1987, the National 
Estuary Program was established to promote protection and restoration 
of the health of estuaries and their living resources. This program has 
made a profound difference nationally. This program has been 
tremendously important to the restoration of Galveston Bay which 
borders my district in Texas.
  In 1995, the Galveston Bay Estuary Program (GBEP) received approval 
for its Comprehensive Conservation and Management Plan (CCMP) to 
improve water quality and enhance living resources. Galveston Bay's 
watershed lies in one of the most heavily industrialized and most 
heavily populated regions in the United States. Wastewater discharges 
from communities and industries in Galveston Bay account fully for half 
of Texas' total wastewater discharges every year. Since some pollution 
entering the Houston Ship Channel comes from industrial businesses 
located along or near the Channel, GBEP worked with the Texas Natural 
Resource Conservation Commission to decrease the amount of pollution 
through source reduction and waste minimization techniques. Together 
they developed one of the largest voluntary prevention programs in the 
country. Under this program, businesses located along or near the 
Channel are selected to voluntarily participate in environmental 
training and to submit to pollution prevention audits. Lessons learned 
from GBEP's voluntary program have been incorporated into the State's 
Clean Texas 2000 program.
  GBEP has funded the Galveston Bay Foundation (GBF) Volunteer Water 
Quality Monitoring Program to not only monitor water quality but also 
recruit and train volunteers, obtain and distribute monitoring supplies 
and equipment. GBEP has also developed the Galveston Bay Information 
Center Project, a vital project to preserve long-term access to 
Galveston Bay research and information to prevent losses of data and 
information had occurred in the Bay's history.
  Additionally, Mr. Speaker, the National Estuary Program has been 
instrumental in preserving and protecting America's treasured bays and 
estuaries including Galveston Bay. This legislation should be adopted.
  I challenge my colleagues who support reauthorization of this vital 
program to take the next step to protect the almost 40 percent of our 
Nation's estuary waters under threat. I urge you to sign on as sponsors 
of H.R. 1775, the Estuary Habitat Restoration Act of 1999. To date, 
this legislation, which Representative Gilchrest of Maryland introduced 
last May along with myself and many others now has 121 cosponsors. The 
legislation would provide dedicated Federal funds to habitat 
restoration for estuaries like Galveston Bay. Moreover, H.R. 1775 would 
enhance the work of the National Estuary Program by developing new ways 
to optimize the numerous existing Federal restoration programs. It also 
promotes voluntary community estuary restoration efforts and the 
establishment of public-private partnerships to work with community-
based organizations and local governments to protect estuaries.
  I urge my colleagues to support H.R. 1237 and reauthorize this vital 
national program for another five years. We must strive to promote 
efforts on the local level to develop and implement long-term estuary 
conservation and management plans.
  Mr. BOEHLERT. Mr. Speaker, H.R. 1237, introduced by Representative 
Jim Saxton, would reauthorize and improve the National Estuary Program, 
a broadly supported, comprehensive approach to estuary conservation and 
management.
  I want to thank the Transportation and Infrastructure Committee 
Chairman Bud Shuster, Ranking Democratic Members Representative Jim 
Oberstar, and Bob Borski, the Water Resources and Environment 
Subcommittee Ranking Democratic Member, for their leadership and 
assistance.
  Under the current National Estuary Program, EPA provides assistance 
to State, local governments, and other interested parties to form a 
management conference for an estuary of national significance, and 
develop a comprehensive conservation and management plan for that 
estuary.
  Of the 28 estuaries currently in the National Estuary Program, 21 
have finished this planning process and are now trying to implement 
their management plans.
  Unfortunately, section 320 only allows Federal assistance for 
development of these plans, and not for implementation.
  Passage of H.R. 1237 would authorize EPA to provide assistance for 
management plan implementation, as well as development.
  This bill will help protect and restore our Nation's estuaries--those 
natural resource treasures that are constantly under siege, yet 
continue to provide invaluable environmental and economic benefits to 
the entire Nation.
  I strongly support passage of H.R. 1237 and urge my colleagues to do 
the same.
  Mr. BORSKI. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. HORN. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Horn) that the House suspend the rules 
and pass the bill, H.R. 1237, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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