[Congressional Record Volume 154, Number 101 (Wednesday, June 18, 2008)]
[Senate]
[Pages S5760-S5761]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NELSON of Florida (for himself and Mr. Martinez):
  S. 3152. A bill to provide for a comprehensive study by the National 
Research Council of the National Academies to assess the water 
management, needs, and conservation of the Apalachicola-Chattahoochee-
Flint River System; to the Committee on Environment and Public Works.
  Mr. NELSON of Florida. Mr. President, I rise today to introduce 
legislation to help preserve a vital ecosystem and protect a way of 
life for many citizens in my home State of Florida.
  I am introducing a bill that would require the U.S. Army Corps of the 
Engineers to commission the National Research Council of the National 
Academies to conduct a comprehensive study of water management and 
conservation of the Apalachicola-Chattahoochee-Flint, ACF, River 
System. My colleague in the Florida Congressional Delegation, 
Congressman Allen Boyd, is offering similar legislation today in the 
U.S. House of Representatives.
  At the confluence of the Flint and Chattahoochee Rivers, the 
Apalachicola River begins its winding journey to the Gulf of Mexico. 
Nearly 112 miles later, the river flows into Apalachicola Bay, bringing 
fresh water and vital nutrients to the famed oyster beds and fisheries 
of the bay.
  I visited the Apalachicola last month, rode down the river, and met 
with many who are concerned about its fate. When people think of 
Florida, they may envision palm trees or white sand. That is not what 
the Apalachicola has to offer, but it is unique and spectacular in its 
own right. The water is dark from tannic acid leached from trees in the 
river's swamps. At nearly 140 feet tall, majestic bluffs line the banks 
of the northern section of the river and form the largest exposed 
geological outcropping in Florida. In this reach of the river, the Alum 
Bluff is a significant historic site. Andrew Jackson paused here in 
1818, and Confederate troops fortified the area with earthworks and 
cannon during the Civil War.
  As you traverse into the southern reaches of the Apalachicola and get 
closer to the bay, the vegetation changes and the land is flat. The 
brackish area of the Apalachicola, where the river's freshwater mixes 
with saltwater from the Gulf of Mexico, is home to one of the Nation's 
most productive oyster-harvesting areas.
  I work a great deal on another ecosystem that is much more familiar 
in Florida and across the Nation, the Everglades. I can tell you that 
comparing an impaired ecosystem like the River of Grass to the 
Apalachicola demonstrates a powerful lesson: we must manage our natural 
resources wisely, or face serious consequences.
  Chronic drought conditions in the southeastern U.S. have led to 
dramatic decreases in the quantity of water entering the ACF River 
System. Both these natural fluctuations in water supply and human-
related uses have led to unprecedented reductions in freshwater inflow 
entering Apalachicola Bay. The water and nutrients delivered to the bay 
are critical to the health and productivity of the estuary and adjacent 
coastal waters of the Gulf. This area supports significant recreational 
and commercial fisheries, including 90 percent of Florida's oyster 
fishery, as well as shrimp, grouper, and other high-value species.
  We cannot sit back and watch as the Apalachicola River and Bay 
decline as a result of this historically low freshwater inflow. Under 
the current way of doing business, the ecosystems of the river and bay 
are suffering, as are the citizens who rely upon them for their 
livelihood. We need a solution that takes into account the 
environmental sensitivities and real water needs of all citizens in 
Florida, Alabama, and Georgia who live and work within the ACF River 
System. This study is a first step toward reaching that goal.
  As an independent and trusted source of scientific analysis and 
advice, the National Research Council is uniquely qualified to 
undertake such a comprehensive study. In the legislation, I ask that 
the NRC examine a number of critical issues. These include examining 
the state of the science on the Apalachicola River and Bay, including 
the impact of reduced freshwater flow on the area's ecology, and 
assessing water availability, supply options, demand-management 
alternatives, and socioeconomic factors that influence uses in the ACF 
River System. There is also a tremendous need for the NRC to provide 
all concerned with water management in the ACF River System with 
recommendations on how to determine water limits that adequately 
recognize and balance the needs of all users.
   We have responsibility to be good stewards of our environment. This 
responsibility requires us to ensure that our management decisions are 
based on the best, peer- reviewed science that is available. The NRC 
study commissioned in the legislation that I am offering today would go 
a long way in helping us to fulfill that responsibility.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

[[Page S5761]]

                                S. 3152

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

     SECTION 1. STUDY ON THE APALACHICOLA-CHATTAHOOCHEE-FLINT 
                   RIVER SYSTEM.

       (a) National Research Council Study.--Not later than 60 
     days after the date of enactment of this Act, the Secretary 
     of the Army shall enter into an agreement with the National 
     Research Council of the National Academies under which the 
     Council shall conduct a comprehensive study of the water 
     management, needs, and conservation of the Apalachicola-
     Chattahoochee-Flint River System (in this Act referred to as 
     the ``ACF River System'').
       (b) Matters to Be Addressed.--The study under subsection 
     (a) shall include the following:
       (1) A summary of the existing body of scientific knowledge 
     on--
       (A) the ecology, hydrology, geomorphology, and 
     biogeochemistry of the Apalachicola River and the greater ACF 
     River System;
       (B) the ecosystem services provided by the Apalachicola 
     River;
       (C) the impact of variation in freshwater flow on the 
     ecology of the river and downstream coastal ecosystems, 
     including the Apalachicola Bay ecosystem; and
       (D) how to restore the natural hydraulic function of the 
     ACF River System, including restoration of floodplains and 
     wetlands.
       (2) An assessment of models that serve as the basis for the 
     master manuals of the ACF River System.
       (3) An assessment of water availability, supply options, 
     demand-management alternatives, and socioeconomic factors 
     that influence uses in the ACF River System, including water 
     quality, navigation, hydropower, recreation, in-stream 
     ecology, and flood control.
       (4) An assessment of policies, regulations, and other 
     factors that affect Federal water project operations.
       (5) Recommendations for an approach to determine water 
     limits that recognize the needs of all water users along the 
     ACF River System, including adequate in-stream flow 
     requirements.
       (6) Recommendations for any additional measures to address 
     the long-term watershed management needs of the ACF River 
     System as the National Research Council considers 
     appropriate.
       (c) Report.--Not later than 2 years after entering into an 
     agreement under subsection (a), the National Research Council 
     shall submit to the Secretary of the Army and Congress a 
     report containing the findings of the study under subsection 
     (a) and such other recommendations as the Council considers 
     appropriate.
       (d) Authorization of Appropriations.--For the purpose of 
     carrying out this Act, there is authorized to be appropriated 
     $1,200,000.
                                 ______