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HRG. 105±819 ESTUARY RESTORATION AND COASTAL WATER CONSERVATION LEGISLATION HEARING BEFORE THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED STATES SENATE ONE HUNDRED FIFTH CONGRESS SECOND SESSION JULY 9, 1998 ON S. 1222 A BILL TO CATALYZE RESTORATION OF ESTUARY HABITAT THROUGH MORE EFFICIENT FINANCING OF PROJECTS AND ENHANCED COORDI- NATION OF FEDERAL AND NON-FEDERAL RESTORATION PROGRAMS, AND FOR OTHER PURPOSES S. 1321 A BILL TO AMEND THE FEDERAL WATER POLLUTION CONTROL ACT TO PERMIT GRANTS FOR THE NATIONAL ESTUARY PROGRAM TO BE USED FOR THE DEVELOPMENT AND IMPLEMENTATION OF A COMPREHENSIVE CONSERVATION AND MANAGEMENT PLAN, TO REAUTHORIZE APPROPROPRIATIONS TO CARRY OUT THE PROGRAM, AND FOR OTHER PURPOSES H.R. 2207 AN ACT TO AMEND THE FEDERAL WATER POLLUTION CONTROL ACT CONCERNING A PROPOSAL TO CONSTRUCT A DEEP OCEAN OUTFALL OFF THE COAST OF MAYAGUEZ, PUERTO RICO ( U.S. GOVERNMENT PRINTING OFFICE 52±625 CC WASHINGTON : 1999 For sale by the U.S. Government Printing Office Superintendent of Documents, Congressional Sales Office, Washington DC 20402 COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ONE HUNDRED FIFTH CONGRESS JOHN H. CHAFEE, Rhode Island, Chairman JOHN W. WARNER, Virginia MAX BAUCUS, Montana ROBERT SMITH, New Hampshire DANIEL PATRICK MOYNIHAN, New York DIRK KEMPTHORNE, Idaho FRANK R. LAUTENBERG, New Jersey JAMES M. INHOFE, Oklahoma HARRY REID, Nevada CRAIG THOMAS, Wyoming BOB GRAHAM, Florida CHRISTOPHER S. BOND, Missouri JOSEPH I. LIEBERMAN, Connecticut TIM HUTCHINSON, Arkansas BARBARA BOXER, California WAYNE ALLARD, Colorado RON WYDEN, Oregon JEFF SESSIONS, Alabama JIMMIE POWELL, Staff Director J. THOMAS SLITER, Minority Staff Director (II) CONTENTS Page JULY 9, 1998 OPENING STATEMENTS Chafee, Hon. John H., U.S. Senator from the State of Rhode Island ................. 1 Lieberman, Hon. Joseph I., U.S. Senator from the State of Connecticut ........... 2 Lautenberg, Hon. Frank R., U.S. Senator from the State of New Jersey ........... 5 Sessions, Hon. Jeff, U.S. Senator from the State of Alabama ............................. 4 WITNESSES Breaux, Hon. John, U.S. Senator from the State of Louisiana ............................ 23 Prepared statement .......................................................................................... 77 Burkholder, Joann R., Research Coordinator, Botany Department, North Carolina State University, Raleigh, NC ............................................................. 22, 24 Prepared statement .......................................................................................... 98 Davis, Hon. Michael L., Deputy Assistant Secretary for Civil Works, Depart- ment of the Army ................................................................................................. 11 Prepared statement .......................................................................................... 86 Reponse to additional question from Senator Chafee .................................... 88 Faircloth, Hon. Lauch, U.S. Senator from the State of North Carolina ............. 5 Prepared statement ..........................................................................................È 77 Martõnez-Cruzado, Juan C., Past President, Mayaguezanos for Health and Environment, Inc. ................................................................................................ 34 Letter, followup to testimony ........................................................................... 123 Prepared statement .......................................................................................... 138 Milon, J. Walter, Professor, Food and Resource Economics Department, Uni- versity of Florida, Gainesville, FL ...................................................................... 26 Appendices: Estimated value of the Indian River Lagoon ................ 104, 113, 121 Prepared statement .......................................................................................... 103 Response to additional questions from Senator Chafee ................................ 123 Morton, Ted, Counsel, Coastal Protection Program, American Oceans Cam- paign ...................................................................................................................... 28 Prepared statement .......................................................................................... 123 Rodriquez, Hon. Charles A., President, Senate of Puerto Rico ............................ 38 Romeu, Xavier, Executive Director, Puerto Rico Federal Affairs Administra- tion ........................................................................................................................ 32 Prepared statement of Perfecto Ocasio, Puerto Rico Aqueduct and Sewer Authority ....................................................................................................... 117 Spalding, H. Curtis, Executive Director, Save the Bay, Providence, RI ............. 19 Prepared statement .......................................................................................... 89 Responses to additional questions from Senator Chafee ............................... 97 Torricelli, Hon. Robert, U.S. Senator from the State of New Jersey ................... 14 Prepared statement .......................................................................................... 78 Wayland, Robert H., III, Director, Office of Wetlands, Oceans and Water- sheds, Environmental Protection Agency ........................................................... 7 Prepared statement .......................................................................................... 80 Responses to additional questions from Senator Chafee ............................... 84 (III) IV Page ADDITIONAL MATERIAL Bills: S. 1222, A bill 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 ............... 40 S. 1321, A bill to amend the Federal Water Pollution Control act to permit grants for the national estuary program to be used for the development and implementation of a comprehensive conservation and management plan, to reauthorize appropropriations to carry out the program, and for other purposes ................................................................. 66 H.R. 2207, An Act to amend the Federal Water Pollution Control Act concerning a proposal to construct a deep ocean outfall off the coast of Mayaguez, Puerto Rico ............................................................................. 70 Letters:  Romero-Barcelo, Hon. Carlos A., Resident Commissioner, Puerto Rico ...... 133 Mayaguezanos por la Salud y el Ambiente, Inc. ............................................ 140 Rosello, Pedro, Governor of Puerto Rico ......................................................... 140 Statements: Association of National Estuary Programs .................................................... 141 Landrieu, Hon. Mary, U.S. Senator from the State of Louisiana ................. 78 Mills, David R., Sarasota, Florida ................................................................... 144 Ocasio, Perfecto, Puerto Rico Aqueduct and Sewer Authority ...................... 134 Restore America's Estuaries ............................................................................ 142 ESTUARY RESTORATION AND COASTAL WATER CONSERVATION LEGISLATION THURSDAY, JULY 9, 1998 U.S. SENATE, COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, Washington, DC. The committee met, pursuant to notice, at 9:03 a.m. in room 406, Senate Dirksen Building, Hon. John H. Chafee (chairman of the committee) presiding. Present: Senators Chafee, Allard, Sessions, Lautenberg, and Lieberman. OPENING STATEMENT OF HON. JOHN H. CHAFEE, U.S. SENATOR FROM THE STATE OF RHODE ISLAND Senator CHAFEE. The committee will come to order. I would like to welcome everyone and thank all the witnesses for appearing here this morning. The purpose of this hearing is to learn more about three bills pending before the committee that pertain to the quality of the Na- tion's estuaries and other coastal waters. Since the enactment of the Clean Water Act in 1972, we've made great progress in cleaning up the waters in our lakes and rivers and streams and the coastal waters of the U.S. It's really been re- markable. It hasn't just been the Federal Government, it's been the wonderful cooperation of industry and, obviously, the municipali- ties have been deeply involved with it likewise. Despite the marked success of the last 25 years, we still face many challenges. Two of the bills before us today, S. 1222, the Es- tuary Habitat Restoration Partnership Act, and S. 1321, the Na- tional Estuary Conservation Act, are dedicated to protecting and restoring estuaries in our coastal communities. Now, what are estuaries? Estuaries are bays and gulfs and inlets and sounds where fresh water meets and mixes with salt water from the ocean. They are some of our most valuable natural re- sources. Regrettably, in recent years millions of acres of estuarine habitat have been destroyed and degraded by pollution, develop- ment, or overuse. The good news is that estuaries can be brought back to life. I had the opportunity to visit an effort in connection with that in Narra- gansett Bay in Rhode Island last Monday, where I saw the plant- ing of eel grass that is taking place there. It's a small start, but it's a start. S. 1222, which I introduced in September of last year, will help rebuild degraded estuarine habitat by providing real incentives
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