406 Dirksen EPW Hearing Room
Jamie Williams
State Director , The Nature Conservancy of Montana
Mr. Chairman and members of the Subcommittee, thank you for the opportunity to testify on
· examples of successes in ecosystem restoration;
· policy and funding needs to move forward; and
· highlights of some of the nation’s most significant ecosystem restoration priorities.
The Nature Conservancy is an international, nonprofit organization dedicated to the conservation of biological diversity. Our mission is to preserve the plants, animals and natural communities that represent the diversity of life on Earth by protecting the lands and waters they need to survive. Our on-the-ground conservation work is carried out in all 50 states and in 30 foreign countries and is supported by approximately one million individual members. The Nature Conservancy has protected more than 117 million acres of land and 5,000 miles of river around the world. Our work also includes more than 100 marine conservation projects in 21 countries and 22
The Conservancy owns and manages approximately 1,400 preserves throughout the
As the Conservancy has increased its engagement in a variety of restoration projects ranging from large-scale efforts in the Upper Mississippi River and
I. Successes in Ecosystem Restoration
The past century has witnessed a decline in the ecological health of many of our nation’s rivers and streams. Much of this decline is the unintended consequence of federal water development projects designed to provide public benefits such as flood control, electricity and irrigation. As a result, ecosystem restoration has become a critical component of the Corps’ Civil Works mission. Drawing on the Conservancy’s growing experience with ecosystem restoration, I would like to share with you three success stories that demonstrate how we can meet some of the nation’s most challenging environmental problems while continuing to provide for water resource needs such as flood control, irrigation and navigation.
The
Just 70 miles above the river’s mouth with the
After studying many alternatives, a plan was developed to retrofit Intake dam with a long rock ramp that will not only allow for fish passage but also upgrade a deteriorating, century-old dam, ensuring water delivery for the next one hundred years. The project also compliments other local efforts upstream on one of the Yellowstone’s key tributaries, the
The project represents a great, creative way to meet ecosystem restoration and economic needs, and has very broad local, state, and federal support. In fact, it has resulted in basin-wide support, which is remarkable given that the water politics of the
The Conservancy is also a partner on the
For over 25 years, the community attempted--unsuccessfully--to secure federal engagement in their efforts to reduce the risk of flooding to the town and the surrounding agricultural lands that are important to the town's economy. It was not until habitat restoration was incorporated into the project that the benefit of the project was deemed sufficient to justify the cost. Project partners collaborated to conduct a feasibility study, which produced a plan with broad bipartisan support. The plan involves construction of a new set-back levee and reconnection of about 1,500 acres of floodplain to the river, which will simultaneously facilitate restoration of riparian habitat and significantly enhance flood protection for the community.
This dual purpose project has the potential to be a true "win-win"--by meeting the flood-control needs of the local community while restoring riparian habitats and natural river processes. The local community is working hard to uphold its part of the bargain. Its citizens have raised over $100,000 in donations and proceeds from annual levee festivals held since 1998 to contribute toward the project’s nonfederal cost share. To continue to move forward, this project needs the continued support of Congress to provide federal funding and authorizing language in WRDA.
Lastly, I would like to highlight an innovative and cooperative project to restore over 1,000 miles of river habitat on the Penobscot River in
The restoration of the
The Penobscot River Restoration Project resolves longstanding disagreements over how best to restore native sea-run fish and their habitat while balancing the need for hydropower production. The environmental and economic goals of the project include restoring self-sustaining populations of native sea-run fish, maintaining hydropower resources, renewing opportunities for the Penobscot Indian Nation to exercise sustenance fishing rights, and avoiding future uncertainties over regulation of the river. The project also promises to expand recreational fishing and boating opportunities, creating new opportunities for tourism and local economic growth.
The total cost for this restoration is estimated to be $50 million. To date, the project has raised $7.5 million from non-federal sources and $4.5 million from federal sources. The President’s FY08 budget requests at least $10 million in support of the acquisition of the dams and for pre- and post-removal monitoring. In addition, this project requires authorizing language in WRDA to enable the Corps to become a fully integrated partner in the restoration work.
Much of our experience in ecosystem restoration, including our work on the Yellowstone,
II. Policy and Funding Needs
While the Corps has been an excellent and willing partner on the projects described above, policy and funding constraints threaten the success of these and many other important restoration efforts. We recognize that in tight budget times difficult funding decisions must be made. With that said, we urge Congress to make the restoration of ecosystems that contribute to the safety, welfare and livelihoods of local communities one of the nation’s top water resource funding priorities. In addition to funding needs, many projects, including the successes just described, are awaiting authorization in WRDA to move forward. To ensure that we continue to build on past successes in ecosystem restoration, Congress must quickly pass WRDA and return to the bi-annual reauthorization of this critically important legislation.
Specific recommendations for WRDA authorization and ecosystem restoration funding are outlined below.
Programmatic Funding
The Conservancy supports well-funded, robust programmatic authorities to restore functioning, sustainable ecosystems. However, funding shortfalls in existing restoration programs have hindered a number of our restoration projects. In addition, there are a number of ecosystem restoration needs that are not adequately addressed by current restoration authorities. We offer the following programmatic funding recommendations:
Raise the programmatic funding ceilings for Sections 206 and 1135 Continuing Authority Programs (CAP) from $25 million to $100 million per year nationally, and the per project ceilings from $5 million to $10 million.
Under the Section 1135 and 206 Continuing Authority Programs (CAP), the Conservancy has been the lead non-federal sponsor on 17 projects. These projects seek to achieve an array of ecosystem restoration goals ranging from coastal shoreline stabilization to fish passage and floodplain reconnection. CAP 1135 and 206 projects are producing many success stories around the country, and as a result, demand now exceeds even the annual authorized limits for these programs.
Oversubscription of these programs has halted a number of projects that enjoy strong support from the local community and Corps District. In an attempt to address this problem, the FY06 Energy and Water appropriations bill implemented a ban on new starts and advancement of existing projects. Despite significant investment of both federal and Conservancy resources in feasibility studies and project design, this situation left many of our projects languishing without funding. In some cases, this moratorium has forced the Conservancy’s state chapters to either abandon work on the projects or seek other funding outside of the Corps budget. Increased authorization and full funding is needed to move these worthwhile projects forward and to continue the positive work that has been started under these ecosystem restoration authorities.
In addition to increasing overall program funding, adjustments are needed to the per project funding limits under these authorities. While the relatively small size of CAP projects provides distinct advantages for the Corps and project sponsors, the typical costs associated with ecosystem restoration such as re-vegetation or channel reconstruction can easily eclipse the federal limit of $5 million per project. Increasing the per project authorization to $10 million will help alleviate this problem.
Create a new Small Dam Removal Continuing Authority Program authorized at $25 million per year.
Currently, there are tens of thousands of small, privately-owned dams nationwide. These dams were built to meet public needs such as flood control, irrigation and hydropower. While many are still serving these purposes, a large number no longer perform as they were originally intended and many have aged beyond their planned life expectancy, causing safety risks for communities downstream. As we have learned from our work on the Yellowstone and
Reauthorize the Estuary Restoration Act
In approving the Estuary Restoration Act (ERA) in 2000, Congress recognized the importance of a nationwide, strategic plan and multi-level partnerships for effectively addressing the problems plaguing our nation’s estuaries. By setting a goal to restore one million acres of estuary habitat by 2010, the Act encourages coordination among all levels of government, and engages the unique strengths of the public, non-profit, and private sectors.
At this time, a number of improvements are necessary to the Act, including funding reauthorization for the Army Corps of Engineers, as well as new authority for the partner federal agencies on the Estuary Council – the Environmental Protection Agency, National Oceanic and Atmospheric Administration, U.S. Fish and Wildlife Service, and U.S. Department of Agriculture – to request funding and coordinate with the Army Corps through cooperative agreements to implement estuary restoration projects. Additionally, in order for the Estuary Restoration Program to become more effective, small projects language must be enacted to complement these cooperative agreements, thereby allowing projects under $1 million to move forward through the assistance of the partner agencies.
The Conservancy supports the inclusion of language in this year’s WRDA to reauthorize the Estuary Restoration Act (ERA, P.L. 106-457). We applaud the committee for including reauthorization language for the ERA in the Senate WRDA 2006 legislation, and we encourage the Committee to support maintaining the ERA language in the WRDA 2007 legislation.
Policy Constraints
Through our on the ground experience delivering ecosystem restoration projects we have identified a number of programmatic or policy changes that are needed to improve the implementation of these projects. The recommendations below will help improve efficiency and expedite project delivery by removing some of the policy barriers to successful implementation.
Permit credit for ecosystem restoration work that is related to a flood control project and is locally implemented prior to project authorization.
Presently, the Corps may credit non-federal sponsors for early implementation of flood walls, levees or other features that reduce flood damages if built to Corps standards and ultimately included in the authorized project. However, no similar authority exists for early implementation of floodplain or ecosystem restoration. In cases where flood control projects include a restoration component, allowing early restoration means implementation can proceed more quickly, perhaps accelerating the schedule by years.
Permit NGOs to serve as the non-federal sponsor of General Investigations Studies
The Nature Conservancy has been an integral partner in many ecosystem restoration efforts involving General Investigation studies, but currently, non-governmental organizations cannot serve as the non-federal sponsor. Where the Conservancy or another NGO is the lead partner in an ecosystem restoration project, this policy limits the non-federal funding and in-kind support that can be brought to a project. Allowing NGOs to be non-federal sponsors will expedite project delivery and ensure that NGOs can continue to play an active role in ecosystem restoration projects.
Permit pre-Project Cooperation Agreement (PCA) credit in the Section 206 and 1135 programs for necessary project elements performed by the non-federal sponsor.
The PCA occurs after all of the Corps studies, planning, and designs are completed and the non-federal project sponsor commits to the non-federal share of the project. All of the Corps costs prior to signing the PCA are included in the cost of the project, while any work the non-federal sponsor does prior to the PCA is not included or credited. The Conservancy proposes the local Corps District be permitted to give cost-share credit for work undertaken by the non-federal partner within 5 years prior to signing the PCA and after the initial letter of intent. This credit could include such activities as pre-project monitoring and restoration activities. Credit will not be recognized beyond the non-federal sponsor’s cost share requirement and the Corps will not be liable for funds if the PCA is not ultimately signed.
Correct unlimited liability for non-federal sponsor in Project Cooperation Agreements (PCA).
Presently, PCAs permit either party to stop a project if it exceeds agreed project costs. The unlimited liability problem is a clause in the PCA that permits the District Engineer to require a project to be completed at statutorily required cost share for the purposes of public health and safety, and if the project exceeds the statutorily determined cap for federal share, then all additional costs become the responsibility of the non-federal partner. The Conservancy proposes that in the event that the District Engineer determines a project needs to be continued for the purpose of public health and safety, the non-federal sponsor will be responsible for increased project costs up to 20 percent over the original estimated project cost at the statutorily determined cost share. The Corps will assume all costs exceeding 20 percent of the original estimated project cost, notwithstanding the statutorily determined federal share cap.
III. Ecosystem Restoration Priorities
In addition to the projects highlighted above, the Conservancy is actively involved in a variety of restoration efforts across the country. As the committee evaluates the President’s FY08 Budget for the Corps of Engineers and considers a new WRDA bill, we ask you to take into account these significant ecosystem restoration needs. Our top priorities are outlined below.
The Conservancy has a long history of working with partners on conservation projects within the Upper Mississippi River and
The Upper Mississippi River System Environmental Management Program (EMP) is a Corps program that constructs habitat restoration projects and conducts long-term resource monitoring of the Upper Mississippi and
The Enhanced Navigation Capacity Improvements and Ecosystem Restoration Plan for the Upper Mississippi River and Illinois Waterway System is a comprehensive ecosystem restoration program that recognizes the Upper Mississippi and
The Nature Conservancy strongly supports a well-funded, robust ecosystem restoration program for the
The Missouri River Fish and Wildlife Recovery Program supports projects that mitigate for fish and wildlife habitat losses resulting from past channelization efforts on the
The Conservancy is in agreement with the Basin states Governors that program funding should be used basin-wide, including funding for the Yellowstone River Intake project in
The South Florida Everglades Ecosystem Restoration Program includes a collection of restoration authorities that function together to restore one of our nation’s most precious natural resources. The Everglades are home to a profusion of bird species, with 347 species recorded within Everglades National Park alone. The ecosystem provides breeding habitat for roseate spoonbills, snail kite, southern bald eagle,
· Modified Water Deliveries to
· Critical Projects Construction ($8.3 million): This special program is made up of nine projects that are critical to the future of the entire ecosystem’s restoration
·
· Comprehensive Everglades Restoration Plan (CERP) Project Construction ($35 million): Components of this plan include aquifer storage and recovery; construction of surface water storage reservoirs; construction of storm water treatment areas; seepage management; removal of 240 miles of barriers to sheet flow; and reuse of wastewater at two regional plants.
· Central and Southern
The Puget Sound and Adjacent Waters Program provides funding for early action projects to preserve, protect and restore critical ecosystem processes, habitats, and functions within the
Initial assessments of nearshore habitat by the Puget Sound Ambient Monitoring Program indicate that the ecological health of the nearshore ecosystem is in steep decline with more than a third of the system directly impacted by development. This situation is much worse near urban centers and large river deltas, where habitat loss approaches 100 percent. The
Resources for conservation in this region are limited, urban areas are expanding, and an extraordinary heritage of native species and ecosystems is at risk. The
The
Coastal
The Nature Conservancy strongly supports authorization and funding of a large-scale program for restoration of this nationally important resource. We applaud the committee for including provisions in WRDA as it passed the Senate last year that promote a science-based program to support the restoration and recovery of
In conclusion, our experience suggests that ecosystem restoration should be one of our nation’s top water resource priorities. The Corps and its partners are developing remarkable projects that achieve significant economic and environmental gains and are highly responsive to local interests. Congress should support this innovative work by passing WRDA and making ecosystem restoration a funding priority.
I would like to thank the Chairman and the entire Subcommittee for the opportunity to share this testimony with you today.