Implementing the Comprehensive Everglades Restoration Plan [Cerp]

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Implementing the Comprehensive Everglades Restoration Plan [Cerp] S. HRG. 107–1009 IMPLEMENTING THE COMPREHENSIVE EVERGLADES RESTORATION PLAN [CERP] HEARING BEFORE THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED STATES SENATE ONE HUNDRED SEVENTH CONGRESS SECOND SESSION ON OVERSIGHT OF THE RESTORATION OF THE EVERGLADES SEPTEMBER 13, 2002 Printed for the use of the Committee on Environment and Public Works ( U.S. GOVERNMENT PRINTING OFFICE 83–721 PDF WASHINGTON : 2004 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ONE HUNDRED SEVENTH CONGRESS SECOND SESSION JAMES M. JEFFORDS, Vermont, Chairman MAX BAUCUS, Montana BOB SMITH, New Hampshire HARRY REID, Nevada JOHN W. WARNER, Virginia BOB GRAHAM, Florida JAMES M. INHOFE, Oklahoma JOSEPH I. LIEBERMAN, Connecticut CHRISTOPHER S. BOND, Missouri BARBARA BOXER, California GEORGE V. VOINOVICH, Ohio RON WYDEN, Oregon MICHAEL D. CRAPO, Idaho THOMAS R. CARPER, Delaware LINCOLN CHAFEE, Rhode Island HILLARY RODHAM CLINTON, New York ARLEN SPECTER, Pennsylvania JON S. CORZINE, New Jersey BEN NIGHTHORSE CAMPBELL, Colorado KEN CONNOLLY, Majority Staff Director DAVE CONOVER, Minority Staff Director (II) CONTENTS Page SEPTEMBER 13, 2002 OPENING STATEMENTS Graham, Hon. Bob, U.S. Senator from the State of Florida ............................... 29 Inhofe, Hon. James M., U.S. Senator from the State of Oklahoma .................... 1 Articles, Washington Post .................................................................................. 5–29 Excerpt, Congressional Record statement ...................................................... 2 Jeffords, Hon. James M., U.S. Senator from the State of Vermont .................... 1 Voinovich, Hon. George V., U.S. Senator from the State of Ohio ....................... 31 WITNESSES Brownlee, Hon. R.L., Assistant Secretary of the Army for Civil Works, De- partment of the Army .......................................................................................... 36 Prepared statement .......................................................................................... 70 Responses to additional questions from: Senator Chafee .......................................................................................... 82 Senator Graham ........................................................................................ 73 Senator Inhofe ........................................................................................... 83 Senator Smith ............................................................................................ 87 Senator Voinovich ..................................................................................... 88 Estenoz, Shannon, Director, World Wildlife Fund ................................................ 61 Prepared statement .......................................................................................... 134 Gastesi, Roman, Federal Coordinator, Miami-Dade County, Office of the County Manager, Miami, FL ............................................................................... 55 Prepared statement .......................................................................................... 132 Gibson, Tom, Associate Administrator for the Office of Policy and Reinven- tion, Environmental Protection Agency ............................................................. 39 Prepared statement .......................................................................................... 89 Gosa, Mary Ann, Assistant Director of Government Affairs, Florida Farm Bureau, Gainesville, FL ....................................................................................... 60 Prepared statement .......................................................................................... 146 Responses to additional questions from: Senator Graham ........................................................................................ 149 Senator Inhofe ........................................................................................... 151 Klee, Ann, Counselor to the Secretary of the Interior and Chair, South Flor- ida Ecosystem Restoration Task Force ............................................................... 41 Prepared statement .......................................................................................... 92 Responses to additional questions from: Senator Graham ........................................................................................ 97 Senator Inhofe ........................................................................................... 100 Senator Smith ............................................................................................ 105 Senator Voinovich ..................................................................................... 106 Lehtinen, Dexter, General Counsel, Miccosukee Tribe, Miami, FL .................... 52 Prepared statement of Chairman Billy Cypress ............................................ 120 Nelson, Hon. Bill, U.S. Senator from the State of Florida ................................... 34 Power, Patricia A., Seminole Tribe of Florida ....................................................... 53 Prepared statement .......................................................................................... 127 Responses to additional questions from Senator Graham ............................ 130 Struhs, David, Secretary, Florida Department of Environmental Protection .... 49 Prepared statement .......................................................................................... 107 Responses to additional questions from: Senator Graham ........................................................................................ 108 (III) IV Page Struhs, David, Secretary, Florida Department of Environmental Protection— Continued Responses to additional questions from—Continued Senator Inhofe ........................................................................................... 111 Senator Smith ............................................................................................ 118 Senator Voinovich ..................................................................................... 119 ADDITIONAL MATERIAL Poem, River of Peace, Moses Jumper, Jr. .............................................................. 128 IMPLEMENTING THE COMPREHENSIVE EVERGLADES RESTORATION PLAN [CERP] FRIDAY, SEPTEMBER 13, 2002 U.S. SENATE, COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, Washington, DC. The committee met, pursuant to notice, at 9:30 a.m. in room 406, Senate Dirksen Building, Hon. James M. Jeffords [chairman of the committee] presiding. Present: Senators Jeffords, Graham, Inhofe, Voinovich and Chafee. OPENING STATEMENT OF HON. JAMES M. JEFFORDS, U.S. SENATOR FROM THE STATE OF VERMONT Senator JEFFORDS. The committee will come to order. I am pleased to be here this morning for the Environment and Public Works Committee’s oversight hearing on the implementation of the Comprehensive Everglades Restoration Plan. I want to thank Senator Graham for requesting this hearing and for his long-standing dedication to this project. I also want to recog- nize the leadership of Senator Smith on the Everglades restoration. I understand that it was in large part his role as the chairman of the committee in the year 2000 that helped move the Everglades restoration through the Congress. I am pleased to welcome our colleague Senator Bill Nelson of Florida who will be making a statement before the committee. He is not here yet. I will turn to the esteemed Senator from Oklahoma. OPENING STATEMENT OF HON. JAMES M. INHOFE, U.S. SENATOR FROM THE STATE OF OKLAHOMA Senator INHOFE. Thank you, Mr. Chairman. I know that a num- ber of our colleagues worked very hard on this legislation, includ- ing our distinguished Ranking Member, Bob Smith. I commend him for working toward the goal of restoring the Everglades. However, now we know we are wasting money that could have gone toward sensible plans to restore the Everglades into a plan that may never fix a thing. As many of you know, I was the lone vote against in opposition of the Everglades Restoration Act. I think the vote was 98 to 1, and I was the one. Despite some of the claims made by the environ- mentalist community, my vote did not mean that I think that the Everglades should not be restored. (1) 2 Rather, I felt that Congress was not being prudent in writing a check for $14 billion taxpayers’ dollars before we knew that the money would actually restore the Everglades. I ask everyone to go look in the Congressional Record and look at my statements and they can see for themselves. In fact when the legislation was attached to the WRDA bill on the floor of the Sen- ate, I said, and I quote now, Mr. Chairman, ‘‘While I recognize the Everglades as a national treasure, S. 2797 sets precedents which I cannot in good conscience condone.’’ I would like to submit my full floor statement from 2000 for the record at the conclusion of these opening remarks. Senator JEFFORDS. That will be done. [The referenced materials follow:] [From the Congressional Record, September 21, 2000] Mr. INHOFE. Mr. President, I rise in support of the Warner amendment. In my dissenting view on S. 2797, the ‘‘Restoring the Everglades, An American Legacy Act,’’ I outlined my concerns with this legislation. I would like to submit my dis- senting view for the RECORD. While I recognize the Everglades
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