[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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