[Congressional Record Volume 146, Number 106 (Tuesday, September 12, 2000)]
[House]
[Pages H7475-H7480]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ESTUARY RESTORATION ACT OF 2000
Mr. LaTOURETTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1775) 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,
as amended.
The Clerk read as follows:
H.R. 1775
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 ``Estuary Restoration Act of
2000''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to promote the restoration of estuary habitat;
(2) to develop a national estuary habitat restoration
strategy for creating and maintaining effective estuary
habitat restoration partnerships among public agencies at all
levels of government and to establish new partnerships
between the public and private sectors;
(3) to provide Federal assistance for estuary habitat
restoration projects and to promote efficient financing of
such projects; and
(4) to develop and enhance monitoring and research
capabilities to ensure that estuary habitat restoration
efforts are based on sound scientific understanding and to
create a national database of estuary habitat restoration
information.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Council.--The term ``Council'' means the Estuary
Habitat Restoration Council established by section 5.
(2) Estuary.--The term ``estuary'' means a part of a river
or stream or other body of water that has an unimpaired
connection with the open sea and where the sea water is
measurably diluted with fresh water derived from land
drainage. The term also includes near coastal waters and
wetlands of the Great Lakes that are similar in form and
function to estuaries.
(3) Estuary habitat.--The term ``estuary habitat'' means
the physical, biological, and chemical elements associated
with an estuary, including the complex of physical and
hydrologic features and living organisms within the estuary
and associated ecosystems.
(4) Estuary habitat restoration activity.--
(A) In general.--The term ``estuary habitat restoration
activity'' means an activity that results in improving
degraded estuaries or estuary habitat or creating estuary
habitat (including both physical and functional restoration),
with the goal of attaining a self-sustaining system
integrated into the surrounding landscape.
(B) Included activities.--The term ``estuary habitat
restoration activity'' includes--
(i) the reestablishment of chemical, physical, hydrologic,
and biological features and components associated with an
estuary;
(ii) except as provided in subparagraph (C), the cleanup of
pollution for the benefit of estuary habitat;
(iii) the control of nonnative and invasive species in the
estuary;
(iv) the reintroduction of species native to the estuary,
including through such means as planting or promoting natural
succession;
(v) the construction of reefs to promote fish and shellfish
production and to provide estuary habitat for living
resources; and
(vi) other activities that improve estuary habitat.
(C) Excluded activities.--The term ``estuary habitat
restoration activity'' does not include an activity that--
(i) constitutes mitigation required under any Federal or
State law for the adverse effects of an activity regulated or
otherwise governed by Federal or State law; or
(ii) constitutes restoration for natural resource damages
required under any Federal or State law.
(5) Estuary habitat restoration project.--The term
``estuary habitat restoration project'' means a project to
carry out an estuary habitat restoration activity.
(6) Estuary habitat restoration plan.--
(A) In general.--The term ``estuary habitat restoration
plan'' means any Federal or State plan for restoration of
degraded estuary habitat that was developed with the
substantial participation of appropriate public and private
stakeholders.
(B) Included plans and programs.--The term ``estuary
habitat restoration plan'' includes estuary habitat
restoration components of--
(i) a comprehensive conservation and management plan
approved under section 320 of the Federal Water Pollution
Control Act (33 U.S.C. 1330);
(ii) a lakewide management plan or remedial action plan
developed under section 118 of the Federal Water Pollution
Control Act (33 U.S.C. 1268);
(iii) a management plan approved under the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et seq.); and
(iv) the interstate management plan developed pursuant to
the Chesapeake Bay program under section 117 of the Federal
Water Pollution Control Act (33 U.S.C. 1267).
(8) Indian tribe.--The term ``Indian tribe'' has the
meaning given such term by section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(9) Non-federal interest.--The term ``non-federal
interest'' means a State, a political subdivision of a State,
an Indian tribe, a regional or interstate agency, or, as
provided in section 4(g)(2), a nongovernmental organization.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(11) State.--The term ``State'' means the States of
Alabama, Alaska, California, Connecticut, Delaware, Florida,
Georgia, Hawaii, Illinois, Indiana, Louisiana, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Mississippi,
New Hampshire, New Jersey, New York, North Carolina, Ohio,
Oregon, Pennsylvania, Rhode Island, South Carolina, Texas,
Virginia, Washington, and Wisconsin, the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands,
[[Page H7476]]
the United States Virgin Islands, American Samoa, and Guam.
SEC. 4. ESTUARY HABITAT RESTORATION PROGRAM.
(a) Establishment.--There is established an estuary habitat
restoration program under which the Secretary may carry out
estuary habitat restoration projects and provide technical
assistance in accordance with the requirements of this Act.
(b) Origin of Projects.--A proposed estuary habitat
restoration project shall originate from a non-Federal
interest consistent with State or local laws.
(c) Required Elements of Project Proposals.--To be eligible
for the estuary habitat restoration program established under
this Act, each proposed estuary habitat restoration project
must--
(1) address restoration needs identified in an estuary
habitat restoration plan;
(2) be consistent with the estuary habitat restoration
strategy developed under section 7;
(3) be technically feasible;
(4) include a monitoring plan that is consistent with
standards for monitoring developed under section 8 to ensure
that short-term and long-term restoration goals are achieved;
and
(5) include satisfactory assurance from the non-Federal
interests proposing the project that the non-Federal
interests will have adequate personnel, funding, and
authority to carry out and properly maintain the project.
(d) Selection of Projects.--
(1) In general.--The Secretary, after considering the
advice and recommendations of the Council, shall select
estuary habitat restoration projects taking into account the
following factors:
(A) The scientific merit of the project.
(B) Whether the project will encourage increased
coordination and cooperation among Federal, State, and local
government agencies.
(C) Whether the project fosters public-private partnerships
and uses Federal resources to encourage increased private
sector involvement, including consideration of the amount of
private funds or in-kind contributions for an estuary habitat
restoration activity.
(D) Whether the project is cost-effective.
(E) Whether the State in which the non-Federal interest is
proposing the project has a dedicated source of funding to
acquire or restore estuary habitat, natural areas, and open
spaces for the benefit of estuary habitat restoration or
protection.
(F) Other factors that the Secretary determines to be
reasonable and necessary for consideration.
(2) Priority.--In selecting estuary habitat restoration
projects to be carried out under this Act, the Secretary
shall give priority consideration to a project if, in
addition to meriting selection based on the factors under
paragraph (1)--
(A) the project occurs within a watershed in which there is
a program being carried out that addresses sources of
pollution and other activities that otherwise would re-impair
the restored habitat; or
(B) the project includes pilot testing or a demonstration
of an innovative technology having the potential for improved
cost-effectiveness in estuary habitat restoration.
(e) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of an
estuary habitat restoration project carried out under this
Act shall not exceed 65 percent of such cost.
(2) Non-federal share.--The non-Federal share of the cost
of an estuary habitat restoration project carried out under
this Act shall include lands, easements, rights-of-way, and
relocations and may include services, or any other form of
in-kind contribution determined by the Secretary to be an
appropriate contribution equivalent to the monetary amount
required for the non-Federal share of the activity.
(f) Interim Actions.--
(1) In general.--Pending completion of the estuary habitat
restoration strategy to be developed under section 7, the
Secretary may take interim actions to carry out an estuary
habitat restoration activity.
(2) Federal share.--The Federal share of the cost of an
estuary habitat restoration activity before the completion of
the estuary habitat restoration strategy shall not exceed 25
percent of such cost.
(g) Cooperation of Non-Federal Interests.--
(1) In general.--The Secretary shall not select an estuary
habitat restoration project until a non-Federal interest has
entered into a written agreement with the Secretary in which
the non-Federal interest agrees to--
(A) provide all lands, easements, rights-of-way, and
relocations and any other elements the Secretary determines
appropriate under subsection (e)(2); and
(B) provide for maintenance and monitoring of the project
to the extent the Secretary determines necessary.
(2) Nongovernmental organizations.--Notwithstanding section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)),
for any project undertaken under this Act, the Secretary,
upon the recommendation of the Governor of the State in which
the project is located and in consultation with appropriate
officials of political subdivisions of such State, may allow
a nongovernmental organization to serve as the non-Federal
interest.
(h) Delegation of Project Implementation.--In carrying out
this Act, the Secretary may delegate project implementation
to another Federal department or agency on a reimbursable
basis if the Secretary, after considering the advice and
recommendations of the Council, determines such delegation is
appropriate.
SEC. 5. ESTABLISHMENT OF ESTUARY HABITAT RESTORATION COUNCIL.
(a) Council.--There is established a council to be known as
the ``Estuary Habitat Restoration Council''.
(b) Duties.--The Council shall be responsible for--
(1) soliciting, reviewing, and evaluating project proposals
and making recommendations concerning such proposals based on
the factors specified in section 4(d)(1), including
recommendations as to a priority order for carrying out such
projects and as to whether a project should be carried out by
the Secretary or by another Federal department or agency
under section 4(h);
(2) developing and transmitting to Congress a national
strategy for restoration of estuary habitat;
(3) periodically reviewing the effectiveness of the
national strategy in meeting the purposes of this Act and, as
necessary, updating the national strategy; and
(4) providing advice on the development of the database,
monitoring standards, and report required under sections 8
and 9.
(c) Membership.--The Council shall be composed of the
following members:
(1) The Secretary (or the Secretary's designee).
(2) The Under Secretary for Oceans and Atmosphere of the
Department of Commerce (or the Under Secretary's designee).
(3) The Administrator of the Environmental Protection
Agency (or the Administrator's designee).
(4) The Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service (or
such Secretary's designee).
(5) The Secretary of Agriculture (or such Secretary's
designee).
(6) The head of any other Federal agency designated by the
President to serve as an ex officio member of the Council.
(d) Prohibition of Compensation.--Members of the Council
may not receive compensation for their service as members of
the Council.
(e) Chairperson.--The chairperson shall be elected by the
Council from among its members for a 3-year term, except that
the first elected chairperson may serve a term of fewer than
3 years.
(f) Convening of Council.--
(1) First meeting.--The Secretary shall convene the first
meeting of the Council not later than 60 days after the date
of enactment of this Act for the purpose of electing a
chairperson.
(2) Additional meetings.--The chairperson shall convene
additional meetings of the Council as often as appropriate to
ensure that this Act is fully carried out, but not less often
than annually.
(g) Council Procedures.--The Council shall establish
procedures for voting, the conduct of meetings, and other
matters, as necessary.
(h) Public Participation.--Meetings of the Council shall be
open to the public. The Council shall provide notice to the
public of such meetings.
SEC. 6. ADVISORY BOARD.
(a) In General.--The Council shall establish an advisory
board (in this subsection referred to as the ``board'').
(b) Duties.--The board shall provide advice and
recommendations to the Council--
(1) on the strategy developed pursuant to section 7; and
(2) on the Council's consideration of proposed estuary
habitat restoration projects and the Council's
recommendations to the Secretary pursuant to section 5(b)(1),
including advice on the scientific merit, technical merit,
and feasibility of a project.
(c) Members.--The Council shall appoint members of the
board representing diverse public and private interests.
Members of the board shall be selected such that the board
consists of--
(1) 3 members with recognized academic scientific expertise
in estuary or estuary habitat restoration;
(2) 3 members representing State agencies with expertise in
estuary or estuary habitat restoration;
(3) 2 members representing local or regional government
agencies with expertise in estuary or estuary habitat
restoration;
(4) 2 members representing nongovernmental organizations
with expertise in estuary or estuary habitat restoration;
(5) 2 members representing fishing interests;
(6) 2 members representing estuary users other than fishing
interests;
(7) 2 members representing agricultural interests; and
(8) 2 members representing Indian tribes.
(d) Terms.--
(1) In general.--Except as provided by subparagraph (B),
members of the board shall be appointed for a term of 3
years.
(2) Initial members.--As designated by the chairperson of
the Council at the time of appointment, of the members first
appointed--
(A) 9 shall be appointed for a term of 1 year; and
(B) 9 shall be appointed for a term of 2 years.
(e) Vacancies.--Whenever a vacancy occurs among members of
the board, the Council shall appoint an appropriate
individual to fill that vacancy for the remainder of the
applicable term.
[[Page H7477]]
(f) Board Leadership.--The board shall elect from among its
members a chairperson of the board to represent the board in
matters related to its duties under this Act.
(g) Compensation.--Members of the board shall not be
considered to be employees of the United States and may not
receive compensation for their service as members of the
board, except that while engaged in the performance of their
duties while away from their homes or regular place of
business, members of the board may be allowed necessary
travel expenses as authorized by section 5703 of title 5,
United States Code.
(h) Technical Support.--Technical support may be provided
to the board by regional and field staff of the Corps of
Engineers, the Environmental Protection Agency, the National
Oceanic and Atmospheric Administration, the United States
Fish and Wildlife Service, and the Department of Agriculture.
The Secretary shall coordinate the provision of such
assistance.
(i) Administrative Support Services.--Upon the request of
the board, the Secretary may provide to the board the
administrative support services necessary for the board to
carry out its responsibilities under this Act.
(j) Funding.--From amounts appropriated for that purpose
under section 10, the Secretary shall provide funding for the
board to carry out its duties under this Act.
SEC. 7. ESTUARY HABITAT RESTORATION STRATEGY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Council, in consultation with the
advisory board established under section 6, shall develop an
estuary habitat restoration strategy designed to ensure a
comprehensive approach to maximize benefits derived from
estuary habitat restoration projects and to foster the
coordination of Federal and non-Federal activities related to
restoration of estuary habitat.
(b) Goal.--The goal of the strategy shall be the
restoration of 1,000,000 acres of estuary habitat by the year
2010.
(c) Integration of Estuary Habitat Restoration Plans,
Programs, and Partnerships.--In developing the estuary
habitat restoration strategy, the Council shall--
(1) conduct a review of estuary management or habitat
restoration plans and Federal programs established under
other laws that authorize funding for estuary habitat
restoration activities; and
(2) ensure that the estuary habitat restoration strategy is
developed in a manner that is consistent with the estuary
management or habitat restoration plans.
(d) Elements of the Strategy.--The estuary habitat
restoration strategy shall include proposals, methods, and
guidance on--
(1) maximizing the incentives for the creation of new
public-private partnerships to carry out estuary habitat
restoration projects and the use Federal resources to
encourage increased private sector involvement in estuary
habitat restoration activities;
(2) ensuring that the estuary habitat restoration strategy
will be implemented in a manner that is consistent with the
estuary management or habitat restoration plans;
(3) promoting estuary habitat restoration projects to--
(A) provide healthy ecosystems in order to support--
(i) wildlife, including endangered and threatened species,
migratory birds, and resident species of an estuary
watershed; and
(ii) fish and shellfish, including commercial and
recreational fisheries;
(B) improve surface and ground water quality and quantity,
and flood control;
(C) provide outdoor recreation and other direct and
indirect values; and
(D) address other areas of concern that the Council
determines to be appropriate for consideration;
(4) addressing the estimated historic losses, estimated
current rate of loss, and extent of the threat of future loss
or degradation of each type of estuary habitat;
(5) measuring the rate of change for each type of estuary
habitat;
(6) selecting a balance of smaller and larger estuary
habitat restoration projects; and
(7) ensuring equitable geographic distribution of projects
funded under this Act.
(e) Public Review and Comment.--Before the Council adopts a
final or revised estuary habitat restoration strategy, the
Secretary shall publish in the Federal Register a draft of
the estuary habitat restoration strategy and provide an
opportunity for public review and comment.
(f) Periodic Revision.--Using data and information
developed through project monitoring and management, and
other relevant information, the Council may periodically
review and update, as necessary, the estuary habitat
restoration strategy.
SEC. 8. MONITORING OF ESTUARY HABITAT RESTORATION PROJECTS.
(a) Under Secretary.--In this section, the term ``Under
Secretary'' means the Under Secretary for Oceans and
Atmosphere of the Department of Commerce.
(b) Database of Restoration Project Information.--The Under
Secretary, in consultation with the Council, shall develop
and maintain an appropriate database of information
concerning estuary habitat restoration projects carried out
under this Act, including information on project techniques,
project completion, monitoring data, and other relevant
information.
(c) Monitoring Data Standards.--The Under Secretary, in
consultation with the Council, shall develop standard data
formats for monitoring projects, along with requirements for
types of data collected and frequency of monitoring.
(d) Coordination of Data.--The Under Secretary shall
compile information that pertains to estuary habitat
restoration projects from other Federal, State, and local
sources and that meets the quality control requirements and
data standards established under this section.
(e) Use of Existing Programs.--The Under Secretary shall
use existing programs within the National Oceanic and
Atmospheric Administration to create and maintain the
database required under this section.
(f) Public Availability.--The Under Secretary shall make
the information collected and maintained under this section
available to the public.
SEC. 9. REPORTING.
(a) In General.--At the end of the third and fifth fiscal
years following the date of enactment of this Act, the
Secretary, after considering the advice and recommendations
of the Council, shall transmit to Congress a report on the
results of activities carried out under this Act.
(b) Contents of Report.--A report under subsection (a)
shall include--
(1) data on the number of acres of estuary habitat restored
under this Act, including descriptions of, and partners
involved with, projects selected, in progress, and completed
under this Act that comprise those acres;
(2) information from the database established under section
8(b) related to ongoing monitoring of projects to ensure that
short-term and long-term restoration goals are achieved;
(3) an estimate of the long-term success of varying
restoration techniques used in carrying out estuary habitat
restoration projects;
(4) a review of how the information described in paragraphs
(1) through (3) has been incorporated in the selection and
implementation of estuary habitat restoration projects;
(5) a review of efforts made to maintain an appropriate
database of restoration projects carried out under this Act;
and
(6) a review of the measures taken to provide the
information described in paragraphs (1) through (3) to
persons with responsibility for assisting in the restoration
of estuary habitat.
SEC. 10. FUNDING.
(a) Authorization of Appropriations.--
(1) Estuary habitat restoration projects.--There is
authorized to be appropriated to the Secretary for carrying
out and providing technical assistance for estuary habitat
restoration projects--
(A) $30,000,000 for fiscal year 2001;
(B) $35,000,000 for fiscal year 2002; and
(C) $45,000,000 for each of fiscal years 2003 through 2005.
Such amounts shall remain available until expended.
(2) Monitoring.--There is authorized to be appropriated to
the Under Secretary for Oceans and Atmosphere of the
Department of Commerce for the acquisition, maintenance, and
management of monitoring data on restoration projects carried
out under this Act, $1,500,000 for each of fiscal years 2001
through 2005. Such amounts shall remain available until
expended.
(b) Set-Aside for Administrative Expenses of the Council
and Advisory Board.--Not to exceed 3 percent of the amounts
appropriated for a fiscal year under subsection (a)(1) or
$1,500,000, whichever is greater, may be used by the
Secretary for administration and operation of the Council and
the advisory board established under section 6.
SEC. 11. GENERAL PROVISIONS.
(a) Agency Consultation and Coordination.--In carrying out
this Act, the Secretary shall, as necessary, consult with,
cooperate with, and coordinate its activities with the
activities of other Federal departments and agencies.
(b) Cooperative Agreements; Memoranda of Understanding.--In
carrying out this Act, the Secretary may--
(1) enter into cooperative agreements with Federal, State,
and local government agencies and other entities; and
(2) execute such memoranda of understanding as are
necessary to reflect the agreements.
(c) Federal Agency Facilities and Personnel.--Federal
agencies may cooperate in carrying out scientific and other
programs necessary to carry out this Act, and may provide
facilities and personnel, for the purpose of assisting the
Council in carrying out its duties under this Act.
(d) Identification and Mapping of Dredged Material Disposal
Sites.--In consultation with appropriate Federal and non-
Federal public entities, the Secretary shall undertake, and
update as warranted by changed conditions, surveys to
identify and map sites appropriate for beneficial uses of
dredged material for the protection, restoration, and
creation of aquatic and ecologically related habitats,
including wetlands, in order to further the purposes of this
Act.
(e) Study of Bioremediation Technology.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency, with the full participation of the
estuarine scientific community, shall begin a 2-year study on
the efficacy of bioremediation products.
[[Page H7478]]
(2) Requirements.--The study shall--
(A) evaluate and assess bioremediation technology--
(i) on low-level petroleum hydrocarbon contamination from
recreational boat bilges;
(ii) on low-level petroleum hydrocarbon contamination from
stormwater discharges;
(iii) on nonpoint petroleum hydrocarbon discharges; and
(iv) as a first response tool for petroleum hydrocarbon
spills; and
(B) recommend management actions to optimize the return of
a healthy and balanced ecosystem and make improvements in the
quality and character of estuarine waters.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Ohio (Mr. LaTourette) and the gentleman from Mississippi (Mr. Taylor)
each will control 20 minutes.
The Chair recognizes the gentleman from Ohio (Mr. LaTourette).
Mr. LaTOURETTE. Mr. Speaker, I yield myself such time as I may
consume.
H.R. 1775, the Estuary Restoration Act of 2000, authorizes estuary
restoration projects and requires the development of a comprehensive
strategy for estuary protection and restoration.
This bill, which was introduced by our colleague on the committee,
the outstanding gentleman from Maryland (Mr. Gilchrest), will establish
the public-private partnerships we need to help preserve and restore
water quality, water supply, habitat, commercial fisheries, and many
recreational opportunities in our Nation's estuaries.
The bill we bring to the floor today represents the combined efforts
of the Committee on Transportation and Infrastructure and the Committee
on Resources.
I want to extend my thanks to the chairman of the Committee on
Resources, the gentleman from Alaska (Mr. Young), and also the ranking
member of that committee, the gentleman from California (Mr. George
Miller), for their cooperation.
In particular, I also want to give thanks to the chairman of our full
committee, the gentleman from Pennsylvania (Mr. Shuster), and also to
the ranking member of the full committee, the gentleman from Minnesota
(Mr. Oberstar), the subcommittee chairman, the gentleman from New York
(Mr. Boehlert), and the ranking member, the gentleman from Pennsylvania
(Mr. Borski), on our committee.
I want to assure our colleagues that this bill does not create any
new regulatory authorities, and that the restoration strategy is
subject to adequate opportunities for public review and comment.
I also support the intent of the bill to ensure that projects and
activities are based upon sound scientific understanding. I strongly
support passage of H.R. 1775, and urge our colleagues to do the same.
Mr. Speaker, I reserve the balance of my time.
Mr. TAYLOR of Mississippi. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise today in support of H.R. 1775, the Estuary
Restoration Act of 2000. Estuaries and coastal environments are
precious natural resources that need to be restored and protected. They
provide important habitat for numerous fish and wildlife, as well as
recreational areas, transportation linkages, and sources of residential
and industrial water supplies.
It has been estimated that coastal and estuarine waters are worth
billions of dollars to this country. Yet, despite the inherent value of
these areas, for too long we have viewed our Nation's oceans, bays, and
rivers as convenient dumping grounds for waste associated with human
life and development.
However, as we have fortunately learned, these earlier practices were
a mistake, a mistake which we will correct. H.R. 1775 will further
assist in this effort, providing assistance to restore habitat and
biological health to the Nation's estuaries.
I want to commend the gentleman from Maryland (Mr. Gilchrest), from
my family's ancestral home, for his efforts in sponsoring this
legislation. I support its passage.
Mr. LaTOURETTE. Mr. Speaker, it is my pleasure to yield such time as
he may consume to the gentleman from Maryland (Mr. Gilchrest), an
outstanding representative and the author of the legislation.
Mr. GILCHREST. Mr. Speaker, I thank the gentleman for yielding time
to me.
I would like to invite the gentleman from Mississippi (Mr. Taylor),
as this bill passes and the restoration projects begin, to take a canoe
trip down one of the more beautiful tidal estuaries of the Chesapeake
Bay, the Pocomoke River, the ancestral homeland of the gentleman from
Mississippi, in a canoe, and we will see what progress is being made.
I want to thank the staff on the Committee on Transportation and
Infrastructure and the Committee on Resources for working together to
blend our concepts and ideas in a unique fashion so that this bill can
be signed into law and be successful.
We now have the capacity, I think, as human beings to begin the
process of understanding the complexities of the dynamics of the
mechanics of natural processes. The web of life that sustains all of us
is now in the process by us at the beginning early stages of
understanding.
An Indian philosopher said, I think his name was Chief Seattle,
``Touch a flower, trouble a star.'' When human activity interferes in a
dull way, not a natural, dynamic way, with the environment, it has a
negative, degrading effect. Our estuaries have been degraded over the
last especially 100 years.
The process of this bill is to make the correction so that we work
with the natural processes by understanding their mechanics as to
working against them. Habitats in many of America's estuaries have been
degraded or destroyed over the last 100 years. Their many economic
values and their quality have been either ignored or unknown.
Population growth in coastal watersheds, dredging, draining,
bulldozing, paving, pollution, dams, sewage discharges, et cetera, et
cetera, et cetera, have had their impacts. From these human activities,
the loss that we now have seen of these estuary habitats is evident.
For example, in our coastal States alone, more than 55 million acres
of wetlands have been destroyed in the last 100 years. In the
Chesapeake Bay, 90 percent of the sea grasses that we know are homes to
many of the marine ecosystem life is gone. Only 2 percent of the oyster
harvest of 100 years ago is left. Thirty years ago we harvested 30
million pounds of oysters. Now it is less than 1 million.
In San Francisco Bay, 95 percent of its original wetlands have been
destroyed, and only 300 of the original 6,000 miles of stream habitat
in the Central Valley support spawning salmon.
Seventy percent of salt marshes along Narragansett Bay are being cut
off from full tidal flow, and 50 percent, 50 percent have been filled
and are virtually gone forever.
Louisiana estuaries continue to lose 25,000 acres annually of coastal
marshes. An area roughly the size of Washington, D.C. is lost due to
neglect or ignorance or some other human activity. For the most part,
the loss of each estuary is an accumulation, a small accumulation of
small development projects, almost unseen to the residents' naked eyes.
Other impacts have destroyed in a very small way one acre at a time,
and this destruction alone cannot be blamed for the loss of our
estuaries and their habitats and wetlands, but the cumulative effects
of the destruction are surprising in their extent and severity. Those
tiny little developments, another shopping plaza, another road, another
acre filled in, another housing development, another building, another
boat, the extent and severity has amounted to tens of millions of
acres.
We can, I think, coordinate Federal, State and local management
efforts to protect our estuaries. We must also provide sufficient
resources for estuary restoration, without which all of our planning
and coordination efforts are useless. Our estuaries are sick and dying,
and planning without implementation is like a diagnosis without any
follow-up treatment. If we want to bring estuaries back to health, we
need to commit the time, money, and creativity necessary to restore the
vital organs that make estuaries live and breathe. We know how to do
it. Now let us roll up our sleeves, put on our boots, and get to work.
The last comment on this bill, H.R. 1775, the National Estuary
Habitat Restoration Partnership Act, is going to
[[Page H7479]]
try to restore 1 million acres over 10 years. One national park in
Alaska, one national park in Alaska, is 13 million acres, so it is a
very humble beginning.
It is not about a new layer of Federal bureaucracy, however. It is
about coordination of existing estuary restoration efforts. This bill
will complement the efforts of programs like the National Estuary
Program and the Coastal Wetlands Conservation Grants by providing
direction to Federal agencies to work together with the States, with
other governments, with the National Estuary Program, conservation
groups, to get together to address the critical needs.
That means someone from the Corps of Engineers, someone from the
Department of Agriculture, someone from a State agency, and someone
from a nonprofit agency will all stand in the stream together, forget
what their titles are, but they will roll up their sleeves with their
boots, put the mud in the right place, and get the catfish back in the
streams. We can do it.
I want to thank the gentleman from Minnesota (Mr. Oberstar) for all
his work on this effort. Not only are the estuaries and coastal areas
going to be included in this legislation, but also the Great Lakes, and
they are great lakes.
Mr. TAYLOR of Mississippi. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I commend my colleague, the gentleman from Maryland, for
articulating so perfectly what needs to be done. I want to commend him
for his efforts.
Mr. Speaker, I yield the remainder of my time to the gentleman from
Minnesota (Mr. Oberstar), the ranking member of the Committee on
Transportation and Infrastructure.
Mr. OBERSTAR. Mr. Speaker, I thank the gentleman for yielding time to
me. I want to compliment the gentleman on a very comprehensive
statement of the issue at hand, and also express my appreciation to the
chairman of the full committee, the gentleman from Pennsylvania (Mr.
Shuster), the gentleman from Ohio (Mr. LaTourette), the gentleman from
New York (Mr. Boehlert), and the gentleman from Maryland (Mr.
Gilchrest), for their continuing surveillance and attention to detail
and hard work on this critically important aspect of our environment.
Mr. Speaker, the gentleman from Maryland has been dogged in his
persistence in his pursuit of protective legislation which he has so
eloquently, very touchingly described tonight.
The disappearance of the Nation's wetlands is one of the greatest
losses of this country. In the Central Mississippi Flyway, we have lost
well over 50 percent of the wetlands that existed at the time of the
formation of this Union. That is an irretrievable loss. No matter what
we do, we cannot recreate those wetlands that have been lost.
What we can do, at least what this legislation gives us the
opportunity to do, is to protect those wetlands and those estuaries
that remain.
The great salt water estuaries of this world, of which the Chesapeake
Bay is uncontestably the greatest, are the meeting places of salt and
fresh water where new life forms take place, the creation of new life
from the mixing of fresh and salt water. It is recognized as one of the
extraordinary reserves of nature.
We must understand these estuaries better. We must work to protect
their integrity.
As the gentleman from Maryland has so well said, while we have
addressed the problems of point source discharge that have served to
vastly clean up our lakes and rivers, we have not yet adequately, not
in the least, adequately addressed the matter of nonpoint source
runoff.
{time} 2300
If we fail on the one hand to protect wetlands and fail on the other
hand to prevent senseless runoff from open lands, whether urban and
suburban, residential and shopping center construction, or agricultural
land that is inadequately able to protect runoff, if we fail to protect
the wetlands on the other hand that serve as a great filtering place,
then we will destroy the estuaries of this country and the rest of the
world.
This legislation moves us in the right direction. It does not deal
with the fundamental problem of nonpoint source cleanup, which I hope
we will be able to address in the forthcoming sessions of Congress.
As reported out of the Committee on Transportation and
Infrastructure, this legislation would have prevented nonprofit
entities to serve as local sponsor of estuary habitat restoration
projects in coordination with the State and local appropriate
officials.
However, during negotiations with the Committee on Resources, this
provision was amended to require that nonprofit organizations obtain
the recommendation of the governor before, before they, the nonprofits,
would be eligible to serve as local sponsors.
I felt that this would be a very substantial burden for nonprofit in
light of the fact that the legislation creates a multilayer competitive
review process to ensure funding of only the most worthy restoration
projects and requires local sponsors to provide 35 percent of the
costs. I do not think we should be providing or saddling another
restriction on who is eligible to be a local sponsor.
I have raised this with the gentleman from Pennsylvania (Mr.
Shuster), the chairman of the full committee. He has given me his
personal assurance that we will review this matter in further detail as
the bill moves forward through this body and into conference with the
Senate. I thank him for his commitment to work with me on this matter.
I also appreciate the remarks the gentleman from Maryland (Mr.
Gilchrest) made about the Great Lakes being included in the auspices of
this legislation. The Great Lakes represent one-fifth of all the fresh
water on the face of the Earth. That resource, too, is vital as we
consider this estuary legislation. We consider the unique resources.
While the rivers that discharge into the Great Lakes are not the
meeting of salt and fresh water, they are the meeting place of
different aquatic species that, again, result in the creation of new
life. It is important that these areas, these Great Lakes estuaries be
considered in the ambit of this legislation.
I appreciate the gentleman's cooperation, his work with me to come to
this legislation. I urge the passage of this legislation.
Mr. BOEHLERT. Mr. Speaker, I rise in strong support of H.R. 1775, the
Estuary Restoration Act of 2000.
First, Let me thank Chairman Bud Shuster and Representatives Jim
Oberstar and Bob Borski of the Transportation and Infrastructure
Committee, as well as thank the chairman and ranking member of the
Resources Committee, for their leadership and cooperation in moving
this important legislation forward.
I also want to recognize the leadership of the bill's sponsor,
Representative Wayne Gilchrest.
Estuaries are places where fresh water meets the open sea, creating
some of the most diverse and productive habitat in the country.
For example, 75 percent of the commercial fish and shellfish catch in
the United States comes from estuaries. Without clean water, these
fisheries can collapse, creating economic havoc and destroying a way of
life. The recent crisis for lobstermen in Long Island Sound is vivid
reminder of what can happen.
More than 70 percent of Americans visit coastal areas every year--
including estuaries like the Chesapeake Bay that is so dear to
Congressman Gilchrest. Fishing, boating, and tourism in these areas all
depend on clean water.
More than 110 million people currently live in coastal regions.
Estuaries provide critical water supply for these people.
Even Americans who never travel to coastal areas rely on clean
estuary habitat. Migratory birds and anadromous fish spend part of
their lives in estuaries and part of their lives inland. So duck
hunters and fisherman in upstate New York need clean estuaries as much
as duck hunters and fisherman in the Chesapeake Bay.
Given their important role, it is essential we increase our efforts
to restore and protect our estuaries, which are at risk in many areas.
Population growth, increased development, and other pressures have
caused significant damage to, and loss of, our estuaries.
H.R. 1775 strengthens efforts across the United States, at the
Federal, State and local levels, to restore our valuable estuary
habitat:
H.R. 1775 authorizes $200 million for the Secretary of the Army to
carry out estuary habitat restoration projects.
The Secretary will select these projects in consultation with a
National Estuary Habitat Council that develops a long-term national
estuary restoration strategy.
[[Page H7480]]
The bill also establishes an advisory board of experts to provide
scientific and technical expertise to the National Council and the
Secretary.
Finally, under H.R. 1775, restoration projects will be monitored and
evaluated to help ensure their long-term success.
I urge all Members to support this bill, which takes an important
step forward to comprehensively address restoration of our estuaries.
Mr. BENTSEN. Mr. Speaker, I rise in support of H.R. 1775, the Estuary
Restoration Act of 2000. As an original cosponsor, I believe this bill
will be tremendously instrumental for the restoration of our nation's
major estuaries, including Galveston Bay which borders my district in
Texas.
Estuaries act as nurseries for much of our marine life. These complex
and productive areas urgently need recognition if estuaries are to
continue supporting over 70 million jobs and countless millions of
hours of recreation. Due to lack of recognition of their value,
millions of acres of estuaries have been lost over the decades, losses
which persist today. In my district, Galveston Bay is part of the
national estuary program and has suffered troubling habitat loss. It
would benefit tremendously under this bill.
Galveston Bay's watershed encompasses one of the most heavily
industrialized and most heavily populated regions in the United States.
Since the 1950's, 30,000 acres of wetlands have been lost in the
estuary. Wastewater discharges from communities and industries into
Galveston Bay account for half of Texas' total wastewater discharges
every year. Like many of America's beloved bays and estuaries under
these circumstances, the productivity of Galveston Bay has declined. In
addition to the ecological loss, declining productivity is an alarming
economic trend, because Galveston Bay produces two-thirds of Texas
oyster harvest, one-third of Texas' bay shrimp catch, and one-quarter
of Texas' blue crab catch. Declining productivity also means reduced
recreation for a Bay that currently supports the third largest
recreational boating fleet in the United States. In response, the local
community has reacted, but recognition and support have been limited.
This act's defining principle is grassroots action. The bill
authorizes $315 million over 5 years for matching grant funds to be
used by nonprofit groups, State and local governments, neighborhood
associations, schools, and concerned citizen organizations like the
Galveston Bay Foundation. The goal of this $315 million is the
restoration of 1 million acres of estuary over the next 10 years, so
that our estuaries can continue producing food, flood mitigation, water
quality employment, and recreational benefits along American
coastlines. This bill provides a $315 million investment to ensure the
sustainability of activities that contribute well over $100 billion to
the U.S. economy. The matching grants will rehabilitate our Nation's
estuaries by allowing local volunteer restoration activities to
continue, strengthen, and take-off. Priority will be given to projects
which build partnerships between public and private groups,
relationships which can continue long after the period of this act. We
in the Federal Government should make the prudent decision to invest in
America's quality of life, environment, and economy by passing H.R.
1775.
As proof of the ability of local communities to take on estuary
restoration, the Galveston Bay Foundation is exemplary of the type of
organization that the Estuary Restoration Act will facilitate. The
Galveston Bay Foundation began by restoring small areas measured in
square feet, and now is pursuing the ambitious goal of restoring 24,000
of the 30,000 estuary acres lost in Galveston Bay. Assisted by the
National Estuary Program, the Galveston Bay Foundation also monitors
water quality by recruiting and training volunteers and by obtaining
and distributing monitoring equipment. With the passage of the Estuary
Restoration Act of 2000, organizations across the country including the
Galveston Bay Foundation can leverage the investment efficiently and
effectively on the local level.
I believe that H.R. 1775 is essential to implement longterm, local
estuary conservation and management plans. Estuaries are integral parts
of any nearby community and effect absolutely every community. I urge
my colleagues to pass the Estuary Restoration Act and invest in the
ecological and economic future of America's coastal areas by providing
assistance to those who use it best--local communities.
Mr. SAXTON. Mr. Speaker, I strongly support H.R. 1775 and would like
to thank the gentleman from Maryland for his tireless work on this
legislation.
H.R. 1775 addresses the serious problem of declining estuary and
coastal wetland habitat throughout the United States. Despite our best
efforts, we are continuing to lose valuable coastal and estuary acreage
to erosion, subsidence, water quality degradation, invasive species,
contaminated sediments, and other impacts. These areas are biologically
important for many commercial and recreational fish species, shellfish,
migratory birds, and other wildlife. These areas are also among this
nation's busiest ports, playing an important role in the national
economy.
This legislation would provide much-needed assistance to halt the
degradation of these areas while allowing continued economic uses.
Restoration projects are expensive, and H.R. 1775 creates new Federal,
State, and local partnerships to undertake these projects.
H.R. 1775 builds upon the existing authorities and expertise of the
Army Corps of Engineers, with the help of Federal partners such as NOAA
and the U.S. Fish and Wildlife Service. This bill requires that
restoration projects include a monitoring component to ensure that we
learn from these restoration projects and continue to find innovative
solutions.
Mr. Speaker, H.R. 1775 represents the hard work of both the
Transportation and Resources Committees, and it is an innovative
approach to on-the ground projects. I urge an ``aye'' vote on this
legislation.
Mr. LaTOURETTE. Mr. Speaker, we have no additional requests for time.
We will be prepared to yield back when the gentleman from Mississippi
(Mr. Taylor) does the same.
Mr. TAYLOR of Mississippi. Mr. Speaker, I have no additional requests
for time, and I yield back the balance of my time.
Mr. LaTOURETTE. Mr. Speaker, I urge passage of the bill, and I yield
back the balance of my time.
The SPEAKER pro tempore (Mr. Pease). The question is on the motion
offered by the gentleman from Ohio (Mr. LaTourette) that the House
suspend the rules and pass the bill, H.R. 1775, 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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