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JULY 13, 1999, TUESDAY

SECTION: IN THE NEWS

LENGTH: 3798 words

HEADLINE: PREPARED TESTIMONY OF
SALLY YOZELL
DEPUTY ASSISTANT SECRETARY FOR OCEANS AND ATMOSPHERE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
U.S. DEPARTMENT OF COMMERCE
BEFORE THE HOUSE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
SUBCOMMITTEE ON WATER RESOURCES AND ENVIRONMENT

BODY:
INTRODUCTION
Good afternoon Mr. Chairman and members of the Subcommittee. My name is Sally Yozell and I am the Deputy Assistant Secretary for Oceans and Atmosphere for the National Oceanic and Atmospheric Administration (NOAA). I want to thank you for the opportunity to testify today on H.R. 1775, the Estuary Habitat Restoration Partnership Act of 1999, HR. 673, the Florida Keys Water Quality Improvements Act of 1999, and H.R. 1096, the Water Pollution Control and Estuary Restoration Act.
NOAA AND ESTUARY HABITAT RESTORATION
I appreciate the Committee's leadership in focusing on the needs to protect of the Nation's estuarine and coastal resources. Estuaries are an important part of our Nation's economic and environmental well- being. These special coastal places provide habitat for many important species, act as nature's water treatment system, provide flood control and protection againststorm damage, and are wonderful recreational areas. Estuaries and coastal wetlands also provide essential habitat for 80-90% of the recreational fish catch and 75% of the commercial harvest.
Despite their importance, these natural systems are in trouble. Estuaries are suffering from water quality problems, declining habitat quality, and, in some areas, total habit loss. We desperately need to restore these areas to help replace habitat that fish, marine mammals and endangered species need to survive.
NATIONAL ESTUARINE RESEARCH RESERVES
Realizing the importance of our Nation's estuaries, Congress established the National Estuarine Research Reserve System known as NERRS in 1972 to improve the health of estuaries and coastal habitats. This Federal/state partnership has proven successful at managing some of our Nation's most pristine estuaries.
Today, there are 24 NERRS, with a 25th to be designated later this year in Florida and two more will be added in 2000, one in California, the other in upstate New York. Reserves are operated by 20 states and one territory, stretching along the East Coast from Wells, Maine, to Jobos Bay in Puerto Rico, and along the West Coast to the Tijuana River in California to Kachemak Bay, Alaska. Through the work of expert staff, monitoring and education programs, and on-site labs, NOAA has developed an innovative partnership with the coastal states that has resulted in improved management of nearly one million acres of estuarine waters and lands.Earlier this year, the President announced his $1 billion Lands Legacy Initiative to expand federal efforts to save America's natural treasures. The initiative includes a $14.7 million increase to improve the Reserve System. This increase would enhance the protection of critical estuaries by providing funds to states and communities for the acquisition of lands in and around the existing NERRS. Funds will also be used to improve management capabilities and upgrade facilities at these sites.
Although the Reserves represent some of the Nation's most valuable and least disturbed estuaries, restoration in both the Reserves System and estuaries around the Nation is essential in order to protect these biologically diverse resources. To date many of the Reserves, in fact, have undertaken innovative restoration projects. For example, the Chesapeake Bay Reserve in Maryland is working to address erosion and habitat loss. Areas of Chesapeake Bay region are severely eroding due to the impacts of sea level rise. In an effort to deter erosion the Reserve is currently evaluating Maryland's policies concerning the removal of invasive marsh grasses, a traditional restoration practice. This research can highlight potential solutions to this estuarine habitat problem. The Reserve will conduct a workshop and the resulting recommendations may be used to evaluate and revise current state policies relating to salt marsh grass management in certain regions around the Chesapeake Bay. In addition, the South Slough Reserve near Coos Bay, Oregon, has conducted restoration activities at two sites that were experiencing significant subsidence and ditch erosion. By redistributing organic material over the surface of the marsh, the Reserve was able to re- establishthe sites' original elevations, tidal flushing, and tidal and freshwater channels utilized by salmon and other fish populations. Indicators of healthy marsh ecosystems, such as water quality, abundance of marsh grasses and fish species, and sedimentation and erosion rates were monitored at all the restored sites. Changes in productivity are being described and experimental plots are being designed to examine different techniques for developing tidal channel habitat for salmon and other fish.
To further improve our Nation's estuaries, NOAA and the University of New Hampshire established the Cooperative Institute for Coastal and Estuarine Environmental Technology (CICEET). CICEET serves as a national center for the development and application of innovative technology to restore and improve estuaries and provides NOAA with a mechanism to work with state and local communities as well as academia. CICEET uses the Reserves as living laboratories and is currently supporting several projects that apply innovative technologies to coastal habitat restoration.
FISHERY HABITAT RESTORATION
The President's Lands Legacy Initiative also includes $22.7 million in new money for Fishery Habitat Restoration. This important initiative is designed to increase the restoration of marine and fish habitat, including estuary restoration. NOAA has experience in both small and largescale restoration at the community level through our Community Based Restoration Program andat the regional level. NOAA urges any legislative initiative to recognize the benefits of both large and small scale restoration and strongly points to the need for full partnership with local communities, state and Federal governments and other stakeholders.
RESTORING ESTUARIES THROUGH TRUSTEESHIP
NOAA as the lead trustee for living marine resources under both Superfund and Oil Pollution Act, has used damage assessment funds to restore damaged estuaries on several occasions.
For example, NOAA works at hazardous waste sites with the Environmental Protection Agency (EPA) and other lead cleanup agencies to develop remedies that protect coastal resources, and support habitats and human health. NOAA's Coastal Resource Coordination program works at approximately 260 hazardous waste sites a year, about 75% of which affect estuaries. Several on-going protection and restoration efforts in estuarine environments include the Tulalip Landfill in Puget Sound in Washington, the Army Creek site in the Delaware Estuary, the Bailey Waste Landfill in Texas, and the Conoco site in the Calcasieu Estuary in Louisiana. NOAA's Damage Assessment and Restoration Program (DARP) restores coastal and marine resources injured by releases of oil and other hazardous materials. Since its inception, DARP and its partners have generated more than $250 million for the restoration of coastal resources from those responsible for the damage.

NOAA's unique interdisciplinary approach to natural resource damage assessment and restoration was shaped by more than ten years of assessing injured coastal and marine resources, including those affected by the Exxon Valdez oil spill in March 1989.Through its Damage Assessment and Restoration Program, NOAA is currently working on a number of damage assessment cases in estuarine environments, including the Calcasieu Estuary, Commencement Bay in Washington, Narragansett Bay in Rhode Island, and Lavaca Bay in Texas. By working together with responsible parties and co-trustees to collect data, conduct assessments and carry out restoration actions, NOAA works to restore a clean and healthy environment as quickly and effectively as possible. Most of these restoration projects are completed in our Nation's estuaries through cooperation with both federal and state resource agencies. This experience has reiterated the importance of partnerships and the absolute need to document restoration success for the benefit of further restoration efforts.
These trustee activities ensure that resources are protected and restored following releases of oil and other hazardous materials, resulting in more productive and diverse estuarine habitat for fish and wildlife, cleaner waters, and healthier ecosystems.
COASTAL WETLANDS PLANNING, PROTECTION AND RESTORATION ACT
Another program, the Coastal Wetlands Planning, Protection and Restoration Act (CWPPRA) Program provides critical funding and support for the restoration, protection, conservation and enhancement of threatened wetlands in the Louisiana coastal zone. NOAA and other participating Federal and state agencies have the opportunity to plan and. implement large scale coastal wetlands restoration projects that are significant on a local and national level. Forging partnerships with state agencies such as the Louisiana Department of Natural Resources and local parish governments has proven critical to the success of restoration projects and has resulted inthe award of funding for 17 restoration projects totaling over $65 million designed to address the rapid loss of Louisiana's wetlands. For NOAA and the State of Louisiana, CWPPRA provides the hope of sustaining a resource that is important to the economic, recreational and cultural base of the State and region.
As required by CWPPRA, the U.S. Army Corps of Engineers established a Task Force composed' of EPA, the Department of Commerce, the Department of the Interior, the Department of Agriculture, and the State of Louisiana. The Task Force annually prepares and submits to Congress a project priority list of wetland restoration projects in Louisiana. The site selection process is based on the proposed project's technical (scientific) merit, cost effectiveness, and predicted wetland quantity and quality. The Task Force was responsible for the preparation of a comprehensive coastal Restoration Plan for the State of Louisiana which was completed at the end of 1993. The Plan provides much of the basis for selecting future restoration projects.
Each CWPPRA project requires the sponsorship of a federal agency Task Force member for implementation. The Act uses a trust fund, which is supported by revenues from tax receipts on small engines and other equipment. Of the amount appropriated from this fund, 70% (an amount not to exceed $70 million annually) is available for wetland restoration projects and associated activities in Louisiana. While some 70% of the funds available under CWPPRA are dedicated to restoring Louisiana wetlands, it is important to note that project selection is still based on merit criteria. CWPPRA mandates a cost- share of 85% federal funds to 15% state funds for allLouisiana projects. To provide a special incentive for comprehensive planning, CWPPRA permits a lower cost for the State after the Task force approves a coastal plan for restoration. The State complies with this mandate by using the money in the State Coastal Restoration Trust Fund created in 1989.
What has proven to be the case in wetland restoration is it is not necessarily the number of acres of habitat restored that indicates success. Rather, the true goal of any estuarine restoration program is to ensure the quality and long-term viability of the restored estuary. NOAA's expert science and monitoring play a vital role in ensuring that the most beneficial estuary restoration projects receive top priority.
As you can see from my previous testimony, NOAA and its state and local partners possess an incredible amount of expertise and experience in estuary habitat science, management, protection and restoration. As the Nation's premier marine and coastal science and management agency, NOAA brings together, through its range of coastal programs, a unique combination of scientific capabilities this country needs for the long-term success of any habitat restoration in our valuable estuaries.H.R. 1775 ESTUARY HABITAT RESTORATION PARTNERSHIP ACT OF 1999
I would like now to turn my attention to several bills pending before this Committee. National estuary habitat restoration legislation represents a singular opportunity to further the progress NOAA has made in promoting estuarine habitat restoration. NOAA has much to add to a National Estuary habitat restoration program particularly in the areas of research and monitoring.
NOAA supports a number of provisions found in HR. 1775, the Estuary Habitat Restoration Partnership Act of 1999. - Area Restoration Plans - NOAA supports the priority given to restoration in areas that have area-wide restoration plans currently in place. These plans, which identify restoration goals, sites and priorities, need to be based on sound science; scientists would be able to determine which efforts will most benefit the ecosystem, and fit best within the socioeconomic trends of the area and concerns of its citizens.
- Achieving the goal of Estuarine Health - NOAA also supports the priority given to estuarine areas and watersheds that already have strong and effective programs to manage point and nonpoint pollution sources and other activities that can significantly impact estuarine areas. These programs will help ensure the long-term success of the restoration activities. - Collaborative Decision-Making - NOAA supports the collaborative approach to decision- making for funding restoration projects as established by the National Council. NOAA further believes the Council will improve cooperation among Federal agencies.
- Balanced Approach to Funding - Funding, as proposed in HR. 1775, ensures an appropriate blend of restoration projects. NOAA would strongly suggest, however, that the Great Lake states and the island territories and commonwealths (American Samoa, Commonwealth of Northern Marianas Islands, Guam, Puerto Rico, and the U.S. Virgin Islands) also be eligible for the grants as they have important estuarine habitats that need restoration.
- Monitoring - NOAA also is pleased by the bill's strong commitment to monitoring the success of restoration projects. We need to ensure consistent and comparable monitoring at various sites to measure the success of the program as a whole. Building on NOAA's existing efforts to establish restoration success criteria, NOAA supports t he development of standard data formats while allowing for site-specific flexibility. Such protocols should recommend a suitable long-term monitoring period that may extend for periods of 20 years or more.- Data Collection and Management - NOAA's experience in restoration science has repeatedly highlighted the need for detailed regional restoration planning and follow-up monitoring and data management. NOAA believes data management is an important aspect of any National Program and we are pleased to see its inclusion in H.R. 1775.
While NOAA is supportive of H.R. 1775 overall, I would like to recommend some areas where the bill could be strengthened.
- Research - Vital estuarine ecological research needs to be supported to promote adaptive management in the field. We recommend funding for innovative projects that combine restoration with research and development. Such projects promote the development of new, state-of- the art restoration techniques and technologies.
- Consultation with state Coastal Zone Management programs - Consultation with state Coastal Zone Management programs should be mandatory to ensure consistency with state CZM policies, especially during development of state or local restoration strategies and during reviews of locally or privately sponsored project proposals. Consultation with state CZM programs will result in a more streamlined process.
- Additional Resources - HR. 1775 assigns various.responsibilities to Federal agencies for a number of activities. Such responsibilities would require additional resources to ensure proper implementation of the program.HR. 1775 provides a strong basis for estuarine habitat restoration. NOAA's expertise in estuarine restoration science and monitoring can help achieve the goals of this bill. We look forward to working with the Committee to improve this important legislation.

H.R. 673 FLORIDA KEYS WATER QUALITY IMPROVEMENTS ACT OF 1999
Let me now turn my attention to H.R. 673, the Florida Keys Water Quality Improvements Act of 1999.
When Congress created the Florida Keys National Marine Sanctuary in 1990, it directed the EPA and the State of Florida, in consultation with NOAA, to develop a Water Quality Protection Program for the Florida Keys Sanctuary. The purpose of this program is to recommend priority corrective actions and compliance schedules addressing point and non-point sources of pollution to restore and maintain the chemical, physical and biological integrity of the Sanctuary. These priorities include restoration and maintenance of a balanced, indigenous population of corals, shellfish, fish, and wildlife as well as recreational activities in and on the water.
The natural communities that make up the Florida Keys ecosystem exist in a dynamic equilibrium, which means changes that result in a direct impact to one community type can have profound effects on adjacent communities. The continued existence of the Keys marine ecosystem is dependent upon maintenance of clear waters with relatively low nutrients.Historically, waste water, sewage and polluted runoff have added nutrients to nearshore water in the Florida Keys. This has resulted in serious water quality degradation, causing serious damage to precious coral reefs in the Sanctuary..
H.R. 673 recognizes the national significance of the Florida Keys marine environment and the responsibility of all U.S. citizens to share in the cost of wastewater infrastructure improvements that will improve the nearshore water quality around the Florida Keys. This legislation is designed to enhance State and local initiatives to improve water quality in the Florida Keys marine environment through wastewater and stormwater improvement projects. NOAA looks forward to continuing our work with the State of Florida and EPA to ensure better water quality in this National treasure for present and future generations.
H.R. 1096 THE DELAURO-LOWEY WATER POLLUTION AND ESTUARY RESTORATION ACT
The issue of coastal water quality improvement, however, extends far beyond the Florida Keys. The President's Clean Water Action Plan establishes a model for cooperation among all Federal agencies in addressing this issue at the national level. That model builds upon many cooperative efforts, including NOAA's long history of cooperation with the EPA's National Estuary Program (NEP). Both NOAA and EPA share lessons learned from our respective programs. NOAA continues to support strong ties between the state CZM, NERRS, and NEP programs.
NOAA particularly supports language in HR. 1096 which coordinates NEP program goals with the enforceable policies of state CZM programs. We believe, however, that this additional activity warrants additional funding and should not come at the expense of existing funding levels to state CZM programs, nor at the expense of NOAA staff resources which support other vital programs, including those which complement the goals proposed in this bill. NOAA also believes that. the issues of water and sediment quality in estuaries are broader than the mission of the National Marine Fisheries Service and recommend that the .determination of consistency for the management plans be made by the Administrator of NOAA.
COASTAL NONPOINT POLLUTION CONTROL PROGRAM
Finally, I would like to turn to the most important issue affecting our Nation's coastal areas today -- non-point source pollution. Controlling polluted runoff continues to be one of the most pressing needs faced by our coastal state partners. The Administration strongly supports addressing polluted runoff in the reauthorization of the CZMA this year. HR. 1110, Representative Jim Saxton's Coastal Community Conservation Act of 1999, currently is pending before the House Resources Committee and has not yet been marked up by the Subcommittee.
The CZMA needs to address polluted runoff for three main reasons. First, the CZMA is the only Federal partnership statute of its kind designed to manage land and water uses in the coastal zone. Polluted runoff is generated by a multitude of coastal land uses, making coastal management agencies the appropriate vehicle for coordinating the multitude of programs andactivities, including those of other state and Federal agencies, designed to reduce polluted runoff. Second, states have focused their efforts (to date) on developing their nonpoint programs. States are now poised to implement their coastal nonpoint programs, and need statutory guidance and funding to do so. Third, most polluted runoff ends up in the coastal zone. Coastal agencies must be a part of the comprehensive solution to this complex problem.
The existing CZMA and Section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 (CZAKA) require that coastal states incorporate into their Coastal Management Programs the enforceable policies and mechanisms to implement their Coastal Nonpoint Programs. As such, CZARA focuses.primarily on the development of state Coastal Nonpoint Programs in accordance with certain requirements. I would like to submit for the record a copy of the Administration's proposal to reauthorize the CZMA. Let me stress that our legislation does not alter the existing provisions of CZARA section 6217. Section 6217 remains a stand-alone statute. Rather the Administration's CZMA proposal is focused on implementation of state Coastal Nonpoint Programs, clarifying the role of the state Coastal Management Program agency and providing funding to support that role. Implementation of these programs is coordinated by the state CZM offices but requires active participation by many other Federal, state and local groups to achieve results.CONCLUSION
In conclusion, as the Nation's primary marine science agency. NOAA has the proven expertise and scientific capability to assist in making sound decisions about estuarine habitat restoration. The primary lesson we have learned from our restoration activities is the importance of strong science and long-term monitoring to achieve successful estuarine restoration.
I believe the Committee has taken an important step forward in addressing these important issues by holding this hearing today. I applaud the Committee's leadership and commitment to protecting our Nation's estuarine and coastal resources. We look forward to working with you to restore the Nation's estuaries and improve coastal water quality.
END

LOAD-DATE: July 15, 1999

Document 6 of 118.


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