[Congressional Record Volume 146, Number 133 (Monday, October 23, 2000)]
[Senate]
[Pages S10881-S10883]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 ESTUARIES AND CLEAN WATERS ACT OF 2000

  Mr. LOTT. Mr. President, I further ask unanimous consent that the 
Senate now proceed to the conference report to accompany S. 835, the 
estuary bill; further, that the conference report be adopted, the 
motion to reconsider be laid upon the table, and any statements be 
printed in the Record.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  (The conference report will be printed in a future edition of the 
Record in the House proceedings.)
  Mr. L. CHAFEE. Mr. President, I rise today in support of the 
conference report to S. 835, the Estuaries and Clean Waters Act of 
2000.
  During my year in the Senate, one of my top legislative priorities 
has been the enactment of my father's estuary habitat restoration 
partnership legislation, S. 835. This bill will promote the restoration 
of one million acres of estuary habitat by directing $275 million in 
funding and other incentives to local estuarine restoration projects.
  I congratulate the Members of the Senate Environment and Public Works 
Committees, and in particular Chairman Bob Smith, for their expertise, 
persistence and enthusiastic support for this important environmental 
bill. And, I am delighted that the Senate is approving this compromise 
version, and moving the Estuaries and Clean Waters Act one step closer 
to enactment this session.
  Mr. President, my father was a champion of efforts to protect 
wetlands and estuarine areas, and he felt strongly that the federal 
government should do more to restore and safeguard these valuable 
habitats. He had a special devotion and appreciation for the salt 
marshes, coves and coastline of Narragansett Bay. Thus, in the fall of 
1997, at Edgewood Yacht Club in Cranston, surrounded by supporters from 
Rhode Island's Save The Bay, Senator John H. Chafee announced 
introduction of his comprehensive legislation to protect and restore 
our nation's estuaries. That bill evolved into S. 835, the Estuary 
Habitat Restoration Partnership Act that he introduced in the Spring of 
last year. And, when we approve this legislation, we are carrying out 
the work that my father considered to be of utmost importance to the 
health of our fisheries, the quality of our waters, and the beauty of 
our great land.
  Estuaries are where the river's current meets the sea's tide. These 
waterbodies are unique areas where life thrives. They are where the 
food chain begins, and many estuaries produce more harvestable human 
food per acre than the best mid-western farmland. An astonishing 
variety of life, including animals as diverse as lobsters, Whooping 
Cranes, manatees, salmon, otters, Bald Eagles, and sea turtles, all 
depend on estuaries for their survival. Estuaries provide the nursing 
grounds for our fisheries, support many of our endangered and 
threatened species and host nearly half of the neotropical migratory 
birds in the United States.
  However, these productive areas are fragile, and vulnerable to human 
and environmental pressures. Today, burgeoning human populations in 
coastal areas are disrupting the balance and threatening the health of 
fragile estuary habitats. Activities such as dredging, draining, the 
construction of dams, uncontrolled sewage discharges, and other forms 
of pollution have all led to the degradation and destruction of estuary 
habitat. The bottom line is that we are not doing enough for these 
valuable resources. Estuaries are national treasures, and they deserve 
a national effort to protect and restore them.
  Like the many supporters of S. 835, I believe estuary legislation is 
needed to turn the tide and start restoring the valuable estuarine 
habitats that are literally disappearing along our nation's coasts. 
Senator John H. Chafee used to say: ``Given half a chance, nature will 
rebound and overcome tremendous setbacks, but we must--at the very 
least--give it that half a chance.'' The good news is that in many 
degraded coastal areas, nature will rebound if we simply reduce 
pollution, or return salt water, or replant eelgrass in the proper 
conditions.
  This legislation will fuel efforts to restore one million acres of 
estuary habitat by emphasizing several aspects of successful habitat 
restoration projects: effective coordination among different levels of 
government; continued investment by public and private sector partners; 
and, most importantly, active participation by local communities.
  S. 835 encourages voluntary activities nationwide by authorizing $275 
million over five years for estuary habitat restoration projects. Other 
provisions include the creation of a council to help develop a national 
strategy for habitat restoration; and a cost-sharing requirement to 
help leverage federal dollars. S. 835 also promotes ongoing restoration 
efforts by reauthorizing the Chesapeake Bay and the Long Island Sound 
Estuary Programs and authorizing a program in the Lake Pontchartrain 
Basin to restore estuaries at the base of the Mississippi River.
  And, the bill makes a significant and necessary change in the EPA's 
National Estuary Program. Up until now, the 28 nationally-designated 
estuaries--including Narragansett Bay--could only use federal funds to 
develop conservation and management plans. This bill amends the program 
to allow NEP grants to be used to implement the conservation measures 
included in those plans, and it nearly triples the authorization for 
the National Estuary Program from $12 million to $35 million per year 
for the next five years. Indeed, a central theme of this legislation is 
the need to carry out projects within existing plans and get moving 
with on-the-ground restoration activities.
  Responding effectively to the growing threats to our bays, sounds and 
other coastal waters presents a tremendous challenge: federal resources 
are scarce, the need is great, and the pressure on these areas is 
intensifying. Yet, I am encouraged by the enormous support--at the 
local, state and federal levels--for taking action to arrest the 
deterioration of our estuaries, and to reverse the trend through 
restoration projects. And, I have seen first-hand that restoration 
projects really work. In recent years, the Rhode Island Department of 
Environmental Management's Narragansett Bay Estuary Program; federal 
partners such as the Army Corps of Engineers, U.S. Fish and Wildlife 
Service and National Oceanic and Atmospheric Administration; Save the 
Bay and other conservation organizations; and local communities have 
joined forces to restore estuaries in and around Narragansett Bay.
  By leveraging funding, equipment, volunteers and other resources, 
federal and non-federal partners have forged cooperative relationships 
to restore some of the Bay's most important estuarine environments. The 
Galilee Salt

[[Page S10882]]

Marsh and Bird Sanctuary Restoration Project is one such success. This 
128-acre marsh was largely cut off from tidal flows as a result of road 
construction beginning in the 1950's. When fully completed, the 
restoration project will return 84 acres of salt marsh habitat and 14 
acres of open water in new tidal channels to the Galilee Bird 
Sanctuary. With the reopening of the marsh to tides, salt marsh grasses 
native to Rhode Island are returning to the area, along with many small 
fish and crabs and wetland birds such as geese, ducks, egrets, herons 
and shorebirds. The area is also expected to, once again, serve as an 
important nursery area for commercially-important fish species.
  Other successful Rhode Island projects include the anadromous fish 
and salt marsh restoration in the Massachuck Creek Fishway in 
Barrington; restoration of Boyd's Marsh in Portsmouth; and a NOAA 
Community-Based Restoration Program that partnered Save The Bay with 
local students and teachers to train them in seagrass and eelgrass 
restoration techniques. These activities demonstrate that by 
integrating state and federal resources with local, hands-on community 
involvement, we can give estuary habitats that half a chance they need 
to revive and flourish.
  A lot of progress has been made toward restoring the health of the 
Rhode Island's estuaries, but considerable work remains to be done. In 
my view, Narragansett Bay is not only Rhode Island's greatest natural 
asset, but is also the most beautiful of our nation's estuaries. 
Designated by Congress as an ``estuary of national significance,'' 
Narragansett Bay covers 147 square miles and is home to 60 species of 
fish and shellfish and more than 200 species of birds. Tourism, fishing 
and other Bay-related businesses fuel the regional economy. As a Rhode 
Islander, it seems clear that our welfare depends on our ability to 
sustain a clean, healthy, and productive Bay. The challenge of estuary 
restoration is even greater at the national level. With the aid of the 
Estuaries and Clean Water Act of 2000, the federal government will help 
meet that challenge, working with state and local partners to revive 
our most precious and productive estuary resources.
  I thank my Senate colleagues for approving this important 
legislation. And, again I offer appreciation for the efforts of the 
Chairman and the Ranking Member of the Environment and Public Works 
Committee, the other Senate conferees and the Committee staff for their 
perseverance and dedication to passing estuary legislation this 
Congress. I also thank Rhode Island's Save The Bay, under the 
leadership of Curt Spalding, and the other conservation organizations 
who have worked hard to garner support for this legislation across the 
country.
  Mr. SMITH of New Hampshire. Mr. President, I rise today in support of 
the Estuaries and Clean Waters Act of 2000, S. 835. This is an 
important piece of legislation that will enhance our ability to protect 
the nation's valuable shoreline habitats, extend the cooperative 
partnership to preserve the Chesapeake Bay and Long Island Sound, and 
expand the effort to improve water quality in our nation's lakes.
  I am proud to have been a cosponsor of this legislation and to have 
had the opportunity to work with our colleagues in the House of 
Representatives to ensure its passage this year. This legislation was 
of particular importance to our former colleague, and my friend, 
Senator John Chafee. He was the principal sponsor of this bill and a 
long time champion of estuaries. A year ago, under his chairmanship, 
the Committee on Environment and Public Works reported out S. 835 by 
voice vote. Since then, his son, Senator Lincoln Chafee has continued 
the effort to get an estuaries bill signed into law. I am grateful for 
his leadership and am pleased to join him in that effort. With the 
Senate's passage of the Conference Report on S. 835 today, and similar 
action in the House, we will achieve that goal. I believe that is a 
fitting tribute to Senator John Chafee.
  S. 835 exemplifies environmental policy based on partnership and 
cooperation, and not on top-down mandates and over-burdensome Federal 
regulations. The bill encourages States, local governments and 
nongovernmental organizations to work together to identify estuary 
habitat restoration projects. With the federal government, acting 
through the Army Corps of Engineers, as a partner, communities across 
the country will be able to restore and enhance one million acres of 
estuaries. Because these projects will be implemented in partnership 
with local sponsors, there will be little cost to the taxpayer. This is 
exactly the kind of environmental success that we should all be proud 
of supporting.
  To understand how important this Act is for protecting the 
environment, one has to understand what estuaries are and how valuable 
they are to our society. Estuaries are the bays, gulfs, sounds, and 
inlets where fresh water from rivers and streams meets and mixes with 
salt water from the ocean. More simply, estuaries are where the rivers 
meet the sea. You can find examples of estuaries in costal marshes, 
coastal wetlands, maritime forests, sea grass meadows and river deltas. 
Estuaries represent some of the most environmentally and economically 
productive habitats in the world.
  Estuaries are critical for wildlife. Approximately 50 percent of the 
nation's migratory songbirds are linked to coastal estuary habitats, 
while nearly 30 percent of North American waterfowl rely upon coastal 
estuary habitat for wintering grounds. Many threatened and endangered 
species depend upon estuaries for their survival.
  Estuaries also play a major role in commercial and recreational 
fishing. Approximately seventy-five percent of the commercial fish 
catch, and eighty to ninety percent of the recreational fish catch, 
depend in some way on estuaries.
  Estuaries also contribute significantly to the quality of life for 
many Americans. Over half of the population of the United States lives 
near a coastal area; a great majority of Americans visit estuaries 
every year to swim, fish, hunt, dive, bike, view wildlife, and learn. 
For many states, tourism associated with estuaries provides enormous 
economic benefit. In fact, the coastal recreation and tourism industry 
is the second largest employer in the nation, serving 180 million 
Americans each year.
  These many attributes of estuaries are especially important to me 
because of the rich coast line of New Hampshire. New Hampshire 
estuaries contribute to the dynamic habitat and beauty of the State, as 
well as the economy. Recreational shell fishing alone contributes an 
estimated $3 million annually to the State and local economies.
  New Hampshire has been in the forefront of the national effort to 
identify and protect sensitive estuary habitats. The New Hampshire 
Great Bay/Little Bay and Hampton Harbor, and their tributary rivers 
joined the National Estuary Program in July of 1995 as part of the New 
Hampshire Estuaries Project. I am particularly pleased that the 
Conference Report on S. 835 specifically mentions the Great Bay Estuary 
and directs the Secretary of the Army to give priority consideration to 
the Great Bay Estuary in selecting estuary habitat restoration 
projects.
  The Great Bay Estuary has a rich cultural history. It's beauty and 
resources attracted the Paleo-Indians to the area nearly 6,000 years 
ago. It was also the site of a popular summer resort during the 1800s, 
as well as a shipyard. As a Senator from New Hampshire, I am proud to 
help preserve this historical and ecological resource for future 
generations.
  Unfortunately, many of the estuaries around the United States 
including those in New Hampshire, have been harmed by urbanization of 
the surrounding areas. According to the EPA's National Water Quality 
Inventory, 38 percent of the surveyed estuary habitat is impaired.
  The Estuaries and Clean Waters Act is a tremendous step forward in 
establishing a much-needed restoration program that does not duplicate 
existing efforts, but instead builds upon them.
  The legislation establishes a new, collaborative, interagency, inter-
governmental process for the selection and implementation of estuary 
habitat restoration projects. It is based on the premise that we should 
provide incentives to States, local communities, and the private sector 
to play a role in the restoration of estuary habitat. It also reflects 
the fundamental belief that the decisions of how to restore these 
estuaries should be made by those who know best--the local communities.

[[Page S10883]]

  The Secretary of the Army is authorized to use $275 million over the 
next five years to implement, with local partners, estuary habitat 
restoration projects that are selected from a list put together by a 
multi-agency Estuary Habitat Restoration Council. The Council gets the 
ideas for specific projects from the local communities and 
nongovernmental organizations that want to want to serve as partners in 
the projects. This is truly a collaborative process, from start to 
finish.
  In selecting specific projects, the Secretary is directed to take 
into consideration a number of factors. These factors include: 
technical feasibility and scientific merit; cost-effectiveness; whether 
the project will encourage increased coordination and cooperation among 
federal, State, and local governments; whether the project fosters 
public-private partnerships; and whether the project is part of an 
approved estuary management or habitat restoration plan.
  I am particularly pleased that special priority will be given to 
projects that test innovative technologies that have the potential for 
improving cost-effectiveness in estuary habitat restoration. These 
technologies are eligible to receive an increased federal cost share. 
Some of these technologies are now being identified and tested in the 
National Estuarine Research Reserve System. The University of New 
Hampshire plays an important role in the NERRS program.
  This bill also ensures accountability through ongoing monitoring and 
evaluation. The National Oceanic and Atmospheric Administration (NOAA) 
will maintain a data base of restoration projects so that information 
and lessons learned from one project can be incorporated into other 
restoration projects. In addition, the Secretary is directed to submit 
to Congress two reports, after the third and fifth years of the 
program, a detailing the progress made under the Act. This report will 
allow us in the Congress, as well as the public, to assess the 
successes and failures of the projects and strategies developed under 
this Act.
  S. 835 also includes important provisions dealing with the National 
Estuaries Program, the Chesapeake Bay Program and the Long Island 
Sound. I know that the Chesapeake Bay Program has been of particular 
importance to Senator Warner. I am pleased that the final bill extended 
the authorizations for these three programs.
  I do want to acknowledge the important role that the National 
Estuaries Program (NEP) has played in raising national awareness of the 
value of estuary habitats. The NEP was established in 1988 and 
demonstrates what we can accomplish when Federal, State and local 
governments work in partnership. Participation in the program is 
voluntary and emphasizes watershed planning and community involvement. 
To date, 28 conservation plans under this program have been prepared 
for designated estuaries. I am pleased that New Hampshire is in the 
process of developing its own conservation plan.
  Unfortunately, the National Estuaries Program has not had sufficient 
resources to adequately address habitat restoration. Until now, in 
fact, only the development of the plans could be funded, not their 
implementation. S. 835 will change that. This bill will increase the 
authorization for the NEP from $12 million to $35 million annually 
through 2005.
  I believe that this overwhelmingly bipartisan bill represents an 
approach to environmental policy that should be the basis for solving 
all environmental problems. I strongly believe that we should seek to 
solve environmental problems together, on a bipartisan basis, through 
cooperation and partnership, and not through confrontation. We should 
trust the States and local governments as our partners, and allow 
decisions that affect local communities to made by at the local level. 
We must use our taxpayer dollars wisely and effectively; and we should 
insist on results and accountability. If we do these things, I believe 
we will do a better job of preserving our natural resources, cleaning 
up our waters, and improving our air quality.
  Mr. President, the Estuaries and Clean Waters Act of 2000 takes an 
important step in the right direction. It's a bill that we should all 
be proud of. I thank my colleagues for supporting its passage.

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