"Protecting the Estuaries" from the New York Times, March 6, 103 "The Wetlands Bill," from Newsday, March 8, 1967- "To Finish Disputed Dredging," from Newsday, January 31, Vandivert, Rod, article entitled, "Dredging Job Called Illegal," from Wydler, Hon. John: Dredging of Jones Inlet communication from Interior 100 288 292 Yasi, Robert, letter dated March 13, 1967, enclosing suggested 230 Amundsen, Paul A., executive director, the American Association of Port Authorities, Inc., letter dated March 15, 1967, enclosing a Barnett, Pat, president, Nassau County League of Women Voters, Churchill, Lucile M., president, League of Women Voters of Florida, 339 Clement, R. C., vice president, National Audubon Society, letter 456 Colson, Jos. V., director, Gulf States Marine Fisheries Commission, 446 469 de Sylva, Donald P., associate professor of marine science, University Dustin, Thomas E., president, Indiana division, Izaak Walton League of America, Inc., letter dated March 13, 1967, enclosing a resolution. Furman, Edwin S., president, Southampton Town Baymen's Associa tion, Inc., letters dated March 6 and enclosing a resolution. --- Hewatt, Willis G., chairman, Texas Christian University, letter dated Hickman, Milton T., commissioner of fisheries, Commonwealth of Hodges, Randolph, director, Florida Board of Conservation, letter 449 Communications submitted by-Continued Johnson, Peter L., vice president, Green Hamptons Conservation Lauff, George H., director, W. K. Kellogg Biological Station, letter Like, Irving, of Reilly, Like & Schneider, letter dated March 6, 1967- MacMullen, Ralph Ă., director, Michigan Department of Conserva- tion, letter dated March 16, 1967, enclosing suggested amendments Mailliard, Hon. William S., letter dated March 13, 1967, enclosing Maltenfort, Carol R., water resources chairman, League of Women Voters of Cecil County, Md., report on a former estuary.. McAneny, William, president, Huntington Audubon Society, letter Moore, Hon. Dan, Governor, State of North Carolina, letter en- closing information requested of Mr. David Adams during testi- Moulton, John R., letter dated March 28, 1967, enclosing suggested Nickerson, Eugene H., county executive, Nassau County N.Y., Packard, Christopher M., director, Portland Society of Natural Peterson, John I., Virginia division, Izaak Walton League of America, Poillon, Capt. Cornelius, letter dated March 3, 1967, from John E. Roe, Priscilla R., conservation chairman Suffolk County Council, Page 472 53 469 408 475 450 449 243 337 472 ESTUARINE AREAS MONDAY, MARCH 6, 1967 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON FISHERIES AND WILDLIFE CONSERVATION, OF THE COMMITTEE ON MERCHANT MARINE AND FISHERIES, Washington, D.C. The subcommittee met at 10:15 a.m., pursuant to call, in room 1334, Longworth House Office Building, Hon. John D. Dingell (chairman of the subcommittee) presiding. Mr. DINGELL. The subcommittee will come to order. This morning the Subcommittee on Fisheries and Wildlife Conservation will begin several days of hearings on a number of bills designed to protect, preserve, restore, and make accessible the fast dwindling estuarine areas of our country. As I am sure all of you are aware, estuaries are those places where salt water meets fresh water. They are rich in fish and wildlife; they are an invaluable and irreplaceable source of enjoyment for recreation, sport and commercial fishing and for their natural and primitive beauty. However, because of the rapid expansion of cities, urban areas and commercial enterprises, these valuable estuarine areas are rapidly disappearing from the face of this earth on this continent. And once they disappear, they are gone forever. I think it is our responsibility to act now to save our remaining estuarine areas from the inexorable and ruthless encroachments of our modern civilization, so that this great heritage from our past can be preserved for future generations to enjoy and appreciate as we have. Briefly explained, the bills to be heard would authorize the Secretary of the Interior, in consultation with the States and other Federal agencies, to conduct a nationwide study of estuarine areas. The study would be carried out in two phases. The first phase would be to identify the estuarine areas that are relatively unspolied or partially spoiled, but which should be protected from further adverse effects. The second phase would be to conduct a more detailed study of the identified areas to determine the estuarine areas that should be preserved or protected, or, where possible, restored, which are valuable for sport and commercial fishing, wildlife conservation, recreation and scenic beauty, To carry out these studies, the legislation would authorize to be appropriated $4.5 million over a 5-year period. Annually, the Secretary would be required to submit to the Congress the results of any studies conducted, including recommendations with respect to the designation of areas of national significance. The Secretary would be authorized to acquire and develop lands and waters within a designated area, but only after the designation has been approved by a subsequent act of Congress. With respect to publicly owned areas of national significance, the Secretary would be authorized to enter into agreements with States and local subdivisions for the management and development of those areas. As background information, the Subcommittee on Fisheries and Wildlife Conservation held 3 days of hearings on similar legislation in June of last year. As a result of those hearings, H.R. 13447 was favorably reported by this committee to the House. However, it failed to pass under suspension of the rules by three votes. The bills to be heard during these hearings are very similar to H.R. 13447. The bills are: My bill, H.R. 25, and identical bills, H.R. 1397, by Mr. Tenzer; H.R. 4755, by Mrs. Kelly; H.R. 4780, by Mr. Ryan; H.R. 6174, by Mr. Thompson of New Jersey; and H.R. 6512, by Mr. Ottinger. Also to be heard are two other bills by members of this subcommittee; H.R. 4505, by Mr. Morton; and H.R. 4749, by Mr. Keith. With respect to Mr. Morton's bill, it is identical to H.R. 25, except for a provision in section 12(a) of the bill which would exempt the owner of a single-family residence from obtaining a permit from the Secretary of the Interior before conducting dredging, filling, or excavation work when such work relates solely to the use of such residence. With respect to Mr. Keith's bill, it also is identical to H.R. 25, except that the entire section 12 of H.R. 25, relating to the issuance of permits by the Secretary of the Interior, is omitted. Let the bills and the departmental reports appear at this point in the record. (The bills and agency reports follow:) [H.R. 25, H.R. 1397, H.R. 4755, H.R. 4780, H.R. 6174, H.R. 6512, H.R. 6719,1 and H.R. 6851, 90th Cong., first sess.] BILLS To authorize the Secretary of the Interior in cooperation with the States to preserve, protect, develop, restore, and make accessible estuarine areas of the Nation which are valuable for sport and commercial fishing, wildlife conservation, recreation, and scenic beauty, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress finds and declares that the estuarine areas of the United States are rich in a variety of natural, commercial, recreational, and esthetic resources of immediate and potential value to the present and future development of our Nation; that many of these areas have been damaged or destroyed by commercial and urban development; and that it is the policy of Congress to preserve, protect, develop, and, where possible, restore and make accessible for the benefit of all the people selected parts of the Nation's diminishing estuarine areas which are valuable for sport and commercial fishing, wildlife conservation, outdoor recreation, and scenic beauty. SEC. 2. (a) In furtherance of this policy, the Secretary, in consultation with the States and other Federal agencies, shall conduct a nationwide study of estuarine areas for the purposes of identifying areas that are (1) relatively unspoiled or undisturbed by the technological advances of man, including, but not limited to, pollutants, or (2) partially spoiled or disturbed by such advances but should be protected from further adverse effects. (b) The Secretary shall then study such identified areas to determine the estuarine areas that should be preserved or protected, considering, among other things, all the resource and scenic values of those areas, their economic and 1 Introduced Mar. 7, 1967, and considered in hearings held Mar. 8 and 9, 1967. Introduced Mar. 8, 1967, and considered in hearing held Mar. 9, 1967. recreational potential, their ecology, navigation, flood and erosion control, the effects of the exploitation of mineral resources and fossil fuels, the present and future urban and industrial effects on such areas, other uses of estuaries, the most appropriate means or methods of preserving or protecting those areas, and the results of the study authorized by section 5(g) of the Federal Water Pollution Control Act, as amended, relative to the effects of pollution, including sedimentation, in the estuaries on sport and commercial fishing, on wildlife, on recreation, on water supply and water power, and on other beneficial uses. (c) Each study shall give particular attention to whether an area should be acquired or administered by the Secretary because of its national significance, or by a State or local subdivision thereof, and whether the area may be protected adequately through local zoning laws or other methods without Federal land acquisition or Federal administration. (d) Such studies shall be coordinated with the nationwide outdoor recreation plan formulated or in preparation pursuant to the Act of May 28, 1963 (77 Stat. 49), with any plan prepared and developed or in preparation pursuant to the Water Resources Planning Act (79 Stat. 244), and with statewide plans prepared or in preparation and found adequate pursuant to the Land and Water Conservation Fund Act of 1965. (e) The Secretary shall submit annually to the Congress through the President the results of any studies conducted pursuant to this section, including recommendations with respect to the designation of estuarine areas of national significance to be acquired by the Secretary as a national estuarine area. Each recommendation of the Secretary for such designation shall become effective only if so provided by subsequent Act of Congress. Recommendations made by the Secretary shall be developed in consultation with the States and other interested Federal agencies. Each such recommendation shall be accompanied by (1) expressions of any views which the States and other Federal agencies may submit within ninety days after having been notified of the proposed recommendation, (2) a statement setting forth the probable effect of the recommended action on any comprehensive river basin plan that may have been adopted by Congress or that is serving as a guide for coordinating Federal programs in the basin wherein each estuarine area is located, (3) in the absence of such a plan, a statement indicating the probable effect of the recommended action on alternative beneficial users of the resources of such estuarine area, and (4) a discussion of the major economic, social, and ecological trends occurring in each estuarine area. (f) There is authorized to be appropriated not to exceed $500,000 for the first fiscal year beginning after enactment of this Act and for four succeeding fiscal years not to exceed $1,000,000 annually to carry out the provisions of this section. SEC. 3. (a) The Secretary may acquire lands and waters or interests therein within any national estuarine area by purchase with appropriated or donated funds, donation, or exchange, except that he shall not acquire with appropriated funds any lands or waters or interests therein owned by a State or by any political subdivision thereof. In the exercise of his exchange authority, the Secretary may accept title to any non-Federal property and in exchange therefor the Secretary may convey to the grantor of such property any federally owned property under his jurisdiction which he classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal the vaules shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. (b) Any lands, waters, or interests, therein within an estuarine area which are acquired by the Secretary shall be administered, managed, and developed primarily for the purposes of sport and commercial fishing, wildlife conservation, outdoor recreation, and scenic beauty, and for such other purposes as the Secretary determines are compatible with these purposes. SEC. 4. (a) The Secretary may enter into an agreement, containing such terms and conditions as he deems desirable, with any State or political subdivision or agency thereof for the permanent management, development, and administration by him for the purposes of this Act of any lands and waters or interests therein which are located within an estuarine area of national significance and which are owned or thereafter acquired by the State or by any political subdivision thereof and such area shall be designated by the |