[Congressional Record Volume 148, Number 126 (Tuesday, October 1, 2002)]
[Senate]
[Pages S9719-S9720]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SARBANES (for himself, Mr. Warner, and Ms. Mikulski):
  S. 3025. A bill to reauthorize and improve the Chesapeake Bay 
Environmental Restoration and Protection Program; to the Committee on 
Environment and Public Works.
  Mr. SARBANES. Mr. President, today I am introducing legislation, 
together with Senators Warner and Mikulski, to reauthorize and enhance 
the Chesapeake Bay Environmental Protection and Restoration Program. 
This program, which was first established in Section 510 of the Water 
Resources Development Act of 1996, Public Law 104-303, authorizes the 
U.S. Army Corps of Engineers to provide design and construction 
assistance to State and local authorities in the environmental 
restoration of the Chesapeake Bay.
  In 1994, when I first introduced the legislation to create this 
program, I spoke about the need for this assistance and the unique 
capabilities the Army Corps of Engineers brings to the Chesapeake Bay 
restoration effort. I want to underscore some of those arguments today 
and the vital importance of continuing and enhancing this program.
  The Army Corps of Engineers has been an integral part of the 
Chesapeake Bay Program for many years. In 1984 the Corps completed one 
of the most comprehensive investigations of the entire Chesapeake Bay 
basin, a landmark report which identified many of the serious problems 
facing the Bay. The Corps played a vital role in the development of the 
Bay Program's state-of-the-art computer model and has undertaken a 
variety of major projects in the 6-state Chesapeake Bay watershed 
including the Poplar Island beneficial use of dredged material project, 
oyster reef restoration, and removal of blockages to fish passage. The 
agency is currently conducting investigations on sedimentation, 
shoreline erosion, and environmental problems in specific watersheds 
that we hope will result in additional projects to restore the Bay. And 
I am delighted that the Environment and Public Works Committee has just 
approved our new Study Resolution directing the Corps to integrate 
these existing and future work efforts into a coordinated, 
comprehensive master plan.
  But while these projects and studies continue and the master plan is 
being developed, it is vital that environmental restoration efforts be 
sustained and expanded. Two years ago, the States in the Chesapeake Bay 
watershed and the Federal Government conducted an extensive evaluation 
of cleanup progress since the 1980s and determined that, despite 
important advances, efforts must be redoubled to restore the integrity 
of the Chesapeake Bay ecosystem. A new Chesapeake 2000 agreement was 
signed to serve as a blueprint for the restoration effort over the next 
decade. To meet the goals established in the new agreement, it is 
estimated that the local, State and Federal Governments must invest 
more than $8.5 billion over the course of the next ten years. Nutrient 
and sediment loads must be significantly reduced, oyster populations 
must be increased, Submerged Aquatic Vegetation and wetlands must be 
protected and restored, and remaining blockages to fish passage must be 
removed, among other actions. As the lead Federal agency in water 
resource management, the Corps has an essential role to play in this 
effort.
  Since the Chesapeake Bay Environmental Restoration and Protection 
Program was first established and funding was appropriated, requests 
from State and local governments for

[[Page S9720]]

assistance under the program has grown dramatically. The design-
construct nature of this program, which enables the Corps to streamline 
its process of undertaking on-the-ground environmental restoration 
projects, is particularly appealing to State and local governments. To 
date, the Corps of Engineers has constructed or approved $9.3 million 
in projects under the Chesapeake Bay Environmental Restoration and 
Protection Program including oyster restoration projects in Virginia, 
shoreline protection and wetland/sewage treatment projects at Smith 
Island in Maryland and the upgrade of the Scranton Wastewater Treatment 
Plant in Pennsylvania to reduce the amount of nutrients delivered to 
the Chesapeake Bay. These projects have nearly exhausted the current 
$10 million authorization.
  The legislation which I am introducing increases the authorization 
for this program from $10 million to $30 million. Consistent will all 
other environmental restoration authorities of the Corps of Engineers, 
it enables States and local governments to provide all or any portion 
of the 25 percent non-Federal share required in the form of in-kind 
services. It also establishes a new small-grants program for local 
governments and nonprofit organizations to carry out small-scale 
restoration and protection projects in the Chesapeake Bay watershed. 
The program would be administered by the National Fish and Wildlife 
Foundation which has extensive experience and expertise in managing 
these kinds of grants for other Federal agencies. Ten percent of the 
funds appropriated each year under this program would be set-aside for 
these grants.
  In view of the great need and the many requests for assistance from 
the Bay area states, this legislation is clearly warranted and I urge 
my colleagues to join me in supporting this measure. I ask unanimous 
consent that the text of legislation be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 3025

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

     SECTION 1. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND 
                   PROTECTION PROGRAM.

       Section 510 of the Water Resources Development Act of 1996 
     (110 Stat. 3759) is amended--
       (1) in subsection (d)(2), by adding at the end the 
     following:
       ``(C) In-kind services.--A non-Federal interest may provide 
     all or any portion of the non-Federal share referred to in 
     paragraph (1) in the form of in-kind services.'';
       (2) by striking subsection (i);
       (3) by redesignating subsection (h) as subsection (i);
       (4) by inserting after subsection (g) the following:
       ``(h) Small Watershed Grants.--
       ``(1) In general.--The Secretary shall establish a program, 
     to be administered by the National Fish and Wildlife 
     Foundation, to provide small watershed grants for technical 
     and financial assistance to local governments and nonprofit 
     organizations in the Chesapeake Bay region.
       ``(2) Use of funds.--A local government or nonprofit 
     organization that receives a grant under paragraph (1) shall 
     use funds from the grant only for implementation of 
     cooperative tributary basin strategies that address the 
     establishment, restoration, protection, or enhancement of 
     habitat associated with the Chesapeake Bay ecosystem.''; and
       (5) by inserting after subsection (i) (as redesignated by 
     paragraph (3)) the following:
       ``(j) Funding.--
       ``(1) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000.
       ``(2) Annual grant expenditure.--Of the amount made 
     available under paragraph (1) to carry out this section for a 
     fiscal year, not more than 10 percent may be used to carry 
     out subsection (h) for the fiscal year.''.
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