[Congressional Record Volume 146, Number 87 (Monday, July 10, 2000)]
[House]
[Pages H5672-H5673]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        CAHABA RIVER NATIONAL WILDLIFE REFUGE ESTABLISHMENT ACT

  Mr. WALDEN of Oregon. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 4286) to provide for the establishment of the 
Cahaba River National Wildlife Refuge in Bibb County, Alabama, as 
amended.
  The Clerk read as follows:

                               H.R. 4286

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Cahaba River National 
     Wildlife Refuge Establishment Act''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) The Cahaba River in Alabama is recognized nationally 
     for its unique biological diversity which includes providing 
     habitat for 131 species of fish (more than any other river 
     its size in North America).
       (2) The Cahaba River is home to 64 rare and imperiled 
     species of aquatic plants and animals, including fishes, 
     freshwater turtles, mussels, and snails.
       (3) The Cahaba River is home to 12 species of fish, 
     mussels, and snails listed as endangered or threatened 
     species.
       (4) The Cahaba River is home to 6 terrestrial species of 
     plants and animals listed as endangered or threatened 
     species.
       (5) The Cahaba River harbors the largest population in the 
     world of the imperiled shoals lily, known locally as the 
     Cahaba Lily.
       (6) The Cahaba River watershed contains extremely rare 
     plant communities that are home to 8 species of plants 
     previously unknown to science and a total of 69 rare and 
     imperiled species of plants.
       (7) The Cahaba River is home to at least a dozen endemic 
     aquatic animals that are found nowhere else in the world.
       (8) The Cahaba River is the longest remaining free-flowing 
     river in Alabama, flowing through 5 counties in central 
     Alabama.
       (9) The Cahaba River is recognized as an Outstanding 
     Alabama Water by the Alabama Department of Environmental 
     Management.
       (10) The Cahaba River has high recreational value for 
     hunters, anglers, birdwatchers, canoeists, nature 
     photographers, and others.
       (11) The Cahaba River Watershed supports large populations 
     of certain game species, including deer, turkey, and various 
     species of ducks.
       (12) The Cahaba River area is deserving of inclusion in the 
     National Wildlife Refuge System.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Refuge.--The term ``Refuge'' means the Cahaba River 
     National Wildlife Refuge established by section 4(a).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 4. ESTABLISHMENT OF REFUGE.

       (a) Establishment.--
       (1) In general.--There is established in Bibb County, 
     Alabama, the Cahaba National Wildlife Refuge, consisting of 
     approximately 3,500 acres of Federal lands and waters, and 
     interests in lands and waters, within the boundaries depicted 
     upon the map entitled ``Cahaba River National Wildlife 
     Refuge-Proposed'', dated April 10, 2000.
       (2) Boundary revisions.--The Secretary may make such minor 
     revisions of the boundaries of the Refuge as may be 
     appropriate to carry out the purposes of the Refuge or to 
     facilitate the acquisition of property within the Refuge.
       (3) Availability of map.--The Secretary shall keep the map 
     referred to in paragraph (1) available for inspection in 
     appropriate offices of the United States Fish and Wildlife 
     Service.
       (b) Effective Date.--The establishment of the Refuge under 
     paragraph (1) of subsection (a) shall take effect on the date 
     the Secretary publishes, in the Federal Register and 
     publications of local circulation in the vicinity of the area 
     within the boundaries referred to in that paragraph, a notice 
     that sufficient property has been acquired by the United 
     States within those boundaries to constitute an area that can 
     be efficiently managed as a National Wildlife Refuge.

     SEC. 5. ACQUISITION OF LANDS AND WATERS.

       (a) In General.--The Secretary, subject to the availability 
     of appropriations, may acquire up to 3,500 acres of lands and 
     waters, or interests therein, within the boundaries of the 
     Refuge described in section 4(a)(1).
       (b) Inclusion in Refuge.--Any lands, waters, or interests 
     acquired by the Secretary under this section shall be part of 
     the Refuge.

     SEC. 6. ADMINISTRATION.

       In administering the Refuge, the Secretary shall--
       (1) conserve, enhance, and restore the native aquatic and 
     terrestrial community characteristics of the Cahaba River 
     (including associated fish, wildlife, and plant species);
       (2) conserve, enhance, and restore habitat to maintain and 
     assist in the recovery of animals and plants that are listed 
     under the Endangered Species Act of 1973 (16 U.S.C. 1331 et 
     seq.);
       (3) in providing opportunities for compatible fish- and 
     wildlife-oriented recreation, ensure that hunting, fishing, 
     wildlife observation and photography, and environmental 
     education and interpretation are the priority general public 
     uses of the Refuge, in accordance with section 4(a)(3) and 
     (4) of the National Wildlife Refuge System Administration Act 
     of 1966 (16 U.S.C. 668ee(a)(3), (4)); and
       (4) encourage the use of volunteers and to facilitate 
     partnerships among the United States Fish and Wildlife 
     Service, local communities, conservation organizations, and 
     other non-Federal entities to promote public awareness of the 
     resources of the Cahaba River National Wildlife Refuge and 
     the National Wildlife Refuge System and public participation 
     in the conservation of those resources.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary--
       (1) such funds as may be necessary for the acquisition of 
     lands and waters within the boundaries of the Refuge; and
       (2) such funds as may be necessary for the development, 
     operation, and maintenance of the Refuge.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. Walden) and the gentlewoman from Hawaii (Mrs. Mink) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Oregon (Mr. Walden).


                             General Leave

  Mr. WALDEN of Oregon. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on H.R. 4286, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. WALDEN of Oregon. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, H.R. 4286, introduced by our colleagues, the gentleman 
from Alabama (Mr. Bachus) and the gentleman from Alabama (Mr. Riley) 
would establish the 3,500 acre Cahaba River National Wildlife Refuge in 
Bibb County, Alabama.
  The Cahaba is the longest free-flowing river in Alabama and it may 
have the greatest concentration of fish biodiversity per mile of any 
river in the United States. It has been called ``Alabama's rain 
forest'' because it contains essential habitat for 69 rare and 
imperiled species and 131 species of fish. There are 13 species found 
nowhere else in the world but in the Cahaba River.
  During the hearing on this bill, the subcommittee learned that only 
those landowners who are interested in selling their property were 
included within the proposed boundaries of the refuge. Furthermore, one 
of our witnesses, Ms. Wendy Allen of the Alabama Nature Conservancy 
testified that ``This refuge represents an outstanding opportunity to 
protect some of the rarest species in the world via a remarkable 
public/private partnership.''
  The goals of this refuge would be to conserve native aquatic species, 
assist in the recovery of listed plants and animals, provide 
opportunities for wildlife-dependent recreation, and encourage 
partnerships and volunteers to assist in the operation of this refuge.
  The Cahaba River is a unique, beautiful and pristine area that is 
worthy of refuge designation. I urge an ``aye'' vote on this important 
conservation measure, and I compliment the authors of this legislation 
for their outstanding leadership.
  Madam Speaker, I reserve the balance of my time.
  Mrs. MINK of Hawaii. Madam Speaker, I yield myself such time as I may 
consume.
  I would like to take the time for the minority to speak in support of 
this legislation. This legislation is an important effort to establish 
a new National Wildlife Refuge in central Alabama along a 3\1/2\ mile 
reach of the Cahaba River.
  The Cahaba River is a remarkable river in its biological diversity 
and concentration of rare endangered species. As examples, the Cahaba 
River Watershed provides habitat for 69 rare and imperiled aquatic 
species and 32 animal and plant species that are protected under the 
Endangered Species Act, including 13 endemic species that are found 
nowhere else in the world. This section of the Cahaba River should be 
added to the national wildlife refuge system to ensure its long-term 
protection.
  H.R. 4286 was improved and clarified during its consideration by the 
Committee on Resources. I had the opportunity to sit in on the 
presentation of this bill by its sponsors. I am told the administration 
fully supports the enactment of H.R. 4286, and I urge my colleagues to 
vote ``aye.''
  Madam Speaker, I yield back the balance of my time.

[[Page H5673]]

  Mr. WALDEN of Oregon. Madam Speaker, I yield 4 minutes to the 
gentleman from Alabama (Mr. Riley).
  Mr. RILEY. Madam Speaker, I rise today in strong support of H.R. 
4286, a bill that would establish the Cahaba River national wildlife 
refuge. I also wish to acknowledge efforts by the gentleman from 
Alabama (Mr. Bachus), my good friend and colleague who has worked very 
hard to make this bill a reality.
  The Cahaba River bill provides a rare opportunity for Congress to do 
something that is finally supported by environmentalists, industry 
groups, and all of our local municipalities. The Cahaba River runs 
through five counties in central Alabama, but as it meanders its way 
south of metropolitan Birmingham, water quality and habitat are 
adversely affected due to water degradation, siltation, and habitat 
destruction. Fortunately for all of us, this damage is not irreparable.
  Right now, the Piper Bridge area of the third district of Alabama's 
Bibb County is used largely for silvaculture. In purchasing the land, 
the Federal Government would agree to maintain the area for public use 
and would ensure access.
  The Cahaba River National Wildlife Refuge will conserve, enhance, and 
restore one of the most distinct and threatened rivers in the world. In 
its main stem, the Cahaba River is one of the most diverse rivers in 
North America, containing over 130 species. Of these species, 13 are 
found only in this river, and another 22 are believed to be seriously 
imperiled in this and other ecosystems.

                              {time}  1430

  These 3,500 acres are currently owned by four different landowners. 
All four have agreed to sell or convey the land, and all four have 
expressed their support for the national wildlife refuge. The 
approximate cost of $7 million, which will come out of the Land and 
Water Conservation Fund, is a relatively small sum for what we stand to 
gain.
  Furthermore, it can be expected that this magnificent area will 
generate ecotourism revenue, which still remains a priority for many of 
us that represent rural districts.
  Madam Speaker, I suggest that the return on investment for the 
wildlife refuge makes this one of the best deals before Congress this 
session. I would also like to invite all of my colleagues on either 
side of the aisle to view this river for themselves. There are few 
sites as moving, as stunningly beautiful, as the Cahaba River when it 
is covered by the Cahaba Lily in full bloom. It looks to be like a 
sheet of pure white over the river, while a multitude of creatures 
flourish beneath.
  In closing, Madam Speaker, we must protect this most beautiful of 
rivers while we still have the opportunity, so I ask for the support of 
all my colleagues in the House in helping to preserve what I truly 
believe is a national treasure.
  Mr. WALDEN of Oregon. Madam Speaker, I yield 5 minutes to the 
gentleman from Alabama (Mr. Bachus).
  Mr. BACHUS. Madam Speaker, I thank the gentleman for yielding time to 
me.
  Madam Speaker, the Cahaba River has 131 species of fish, fresh water 
fish. That may not mean a lot, we have heard that figure twice today, 
but let me put that in comparison. That is more species of fresh water 
fish than the entire State of California. It has more mussels, more 
species of mussels, than Europe. It has, as the gentleman has already 
said, more endangered species among those 131 of any river in the 
United States.
  But it goes beyond that. It has eight plants which had never been 
discovered. They were discovered on an expedition in 1992. It has more 
species of crayfish than any other river in the United States. So we 
are talking about a national treasure. We are talking about a national 
treasure that will not be here for our grandchildren unless we pass 
this bill.
  The reason for that is that this river has been preserved along its 
lower course in its natural state until the past 5 or 10 years, as 
metropolitan Birmingham began to encroach on its watershed, and there 
was a tremendous amount of development in the upper watershed. In fact, 
today during the dry season as much as 99 percent of the water flow is 
diverted from the Cahaba River. That has had a tremendous negative 
impact on the lower stretches of the river.
  Also, as this river becomes more and more known for its beauty, it 
has the largest stand of what is called aquatic lilies in the world. 
That has been advertised in the past 4 or 5 years. People have come 
down by the hundreds to view these lilies. Unfortunately, when they 
have come, they have actually gotten into the river and used crowbars 
and ripped some of these bulbs from the river, because this stand of 
lilies is in an area of the river that is owned by private landowners.
  This has disturbed the people of Bibb County, who have enjoyed this 
beautiful river for years. The Bibb County Commission, the cities along 
the lower stretches of the river, and the landowners themselves all 
uniformly agreed that something needed to be done.
  The Nature Conservancy, this is the national Nature Conservancy, they 
published a book in 1998, and in that they said, and I think this is 
something that all of us in Congress probably do not realize, and I 
know I did not, it said, ``Few of us realize that the diversity of life 
in fresh water systems in the United States is exceptional, even when 
compared to the tropics. However, two centuries of dam construction, 
water withdrawals, land use alterations, pollution, and introduction of 
non-native species have led to the acceleration and in many cases 
irreparable losses of fresh water species.''
  They then went on to identify some watersheds that contain these 
endangered species. Unfortunately, this publication points out that 
Alabama leads the Nation in the number of species which are now 
extinct. Eight percent of the fresh water in the United States flows 
through Alabama. We have more passable rivers, more navigable rivers in 
miles, over 1,400, than any other State, but we have the dubious 
distinction of having the most extinct species.
  We also have 69 that are endangered. Fortunately, almost all of those 
reside in this river. Almost all of those reside within this 15-mile 
stretch, so this piece of legislation is the first step in preserving 
this river and these species not only of fish but also of mussels and 
crayfish and other animals in the river from extinction. I would urge a 
``yes'' vote.
  Madam Speaker, in addition to my remarks, I would also like to 
express my sincere thanks to several people who have made this 
legislation a success.
  Wendy Allen and the Members of The Nature Conservancy of Alabama.
  Beth Stewart and the Members of the Cahaba River Society.
  U.S. Alliance--Coosa Pines and the other private landowners who have 
been extremely supportive and patient throughout this entire process.
  The Bibb County Commission and local Cahaba River Authority.
  Commissioner Riley B. Smith of the Alabama Department of Conservation 
and Natural Resources, as well as, Majority Leader Armey for scheduling 
the bill on the Suspension Calendar today and Chairman Don Young and 
Subcommittee Chair Mr. Saxton for their support of this bill.
  Mr. GEORGE MILLER of California. Madam Speaker, I yield myself such 
time as I may consume.
  I think the Members obviously have made a compelling case, the case 
that we heard in committee for the protection of the Cahaba River. I 
would hope that all Members would support this legislation.
  Madam Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. WALDEN of Oregon. Madam Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion 
offered by the gentleman from Oregon (Mr. Walden) that the House 
suspend the rules and pass the bill, H.R. 4286, 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.

                          ____________________