Testimony of Richard Ribb, Director, Narragansett Bay National Estuary Program
On behalf of the Association of National Estuary Programs
On the Restoration and Protection of the Nation's Estuaries
And the Reauthorization of the National Estuary Program
Before the Environment and Public Works Committee
United States Senate
Washington, DC
July 22, 1999

Mr. Chairman, on behalf of the members of the Association of National Estuary Programs (ANEP), I appreciate the opportunity to submit to the Environment and Public Works Committee our views on the protection and restoration of the Nation's estuaries. I am Richard Ribb, Director of the Narragansett Bay National Estuary Program and a member of the Board of Directors of ANEP. The Association of National Estuary Programs is a non-profit organization dedicated to promoting stewardship and a common vision for the preservation of the nation's bays and estuaries. Our members include representatives of industry, agriculture, fisheries, tourism, and the greater business community, who volunteer their time to develop and implement comprehensive management plans for a network of nationally significant estuaries.

It is well established that estuaries are the biologically essential, economically priceless, but fragile connections between the continent and the oceans. The entire nation is served by coastal estuaries in numerous ways, such as commercial and recreational fishing, transportation, defense, boating, research and learning, and providing irreplaceable wildlife and fisheries habitat. Over half of the U.S. population lives in our coastal counties and that percentage is increasing. This morning you have heard from many of the witnesses of the many and varied problems facing our estuaries.

The National Estuary Program represents a successful approach to defining and addressing the problems in our estuaries. Citizens, municipalities, environmental groups and interested business and industry organizations come together with State and Federal governments to reach agreement on long-term management plans that seek to guarantee the economic and biological productivity of the nation's estuaries into the future. Forty-two percent of the continental United States shoreline is within the watersheds of the NEP's 28 estuaries. Economically, these estuaries of national significance produce over $7 billion in revenue from commercial and recreational fishing and related marine industries; tourism and recreation in these NEPs are valued at over $16 billion annually. These programs are clearly an important factor in at least a quarter of the nation's inland and coastal watersheds. The management plan for each of these 28 NEPs is unique, but they share many characteristics in that they are all based on sound science, all written by local stakeholder groups in partnership with the relevant regulatory agencies, and all approved by the local and State governments that will be principal partners in implementation. Local citizens guide the development and implementation of their plans, and, using the abilities of their local NEPs, work to leverage Federal and State dollars with contributions from local governments and the private sector. Each of these NEPs serves as the primary technical and coordination support structure (and frequently the initiator) for a wide web of partnerships and actions to conserve and restore the estuary.

The ANEP Position

We are pleased that this committee is turning its attention toward the plight of the Nation's estuaries. Our testimony today focuses on two of the bills under consideration today. S. 835, the Estuary Habitat Restoration Partnership Act of 1999, introduced by Mr. Chafee of Rhode Island and co-sponsored by members from all regions of the country, clearly recognizes the critical importance of estuarine habitat to the ecological and economic health of our nation and to the quality of life of our citizens. This bill creates a national program to fund estuary habitat restoration efforts in partnership with the States, non-governmental organizations and local communities. A sub-section of the bill deals with reauthorization of the National Estuary Program, created under the Clean Water Act and administered by the U.S. Environmental Protection Agency in close partnership with State and local governments, interested citizens and the business community. A key strength of the bill is the collaborative approach outlined which mirrors the NEP framework and, based on the success this approach has brought to the NEPs, we feel that the process created by this legislation will prove successful in restoring the nation's estuarine habitats. On the whole, this bill demonstrates Sen. Chafee's continuing dedication to and leadership on the protection and enhancement of the nation's coastal resources and estuaries.

S. 878, which amends the Federal Water Pollution Control Act and is introduced by Mr. Torricelli of New Jersey, offers a simple reauthorization of the National Estuary Program. As does S. 835, it allows federal Clean Water Act funds to be used not only for development of the Comprehensive Conservation and Management Plans (CCMPs) required under Section 320, but also for implementation of these community-based plans which target local needs. Both bills also increase the levels of federal funding for the program S. 835 at $25 million annually over 2000-2001; S. 878 at $50 million annually over 2000-2004. The Association of National Estuary Programs strongly supports S. 835. Those of us who work everyday with citizens' groups and municipalities on habitat restoration projects believe that the federal funding and support provided by this measure will prove a critical resource in achieving restoration goals for our estuaries. In setting goals, developing a national habitat restoration strategy and committing funding, Congress would make the federal government a real partner with the states in restoring the nation's estuarine resources.

We would like to provide three specific comments on the bill. First, we endorse the provision pertaining to Clean Water Act Section 320 that allows funding to be used for both the development and implementation of the Comprehensive Conservation and Management Plans (CCMPs) that are produced for each estuary in the program. Second, we support the development of a mechanism for the bill that would increase the level of regional and local input in the development of a national habitat restoration strategy and into setting criteria for the grant decision-making process. Third, in the Definitions section of the bill, ANEP supports an expanded definition of "Federal estuary management plans" that specifically includes CCMPs developed under Section 320 of the Clean Water Act.

ANEP endorses the funding level of $50 million annually over four years in S. 878 in order to continue this successful federal partnership with state and local efforts. The basis for supporting this funding level is described in the sections below.

A Federal Investment in Progress and Results

Through its ten years of experience, the National Estuary Program has become an excellent model for developing solutions to complex environmental problems. The NEP has been the laboratory and testing ground for the watershed management techniques now being applied across the country. Characterizing and systematically monitoring conditions, ensuring that management decisions are based on sound science, coordinating watershed actions, creatively finding project funding, promoting citizen involvement in managing public resources, bringing local people and federal and state partners together to build solutions to estuary problems the NEP can claim a good deal of responsibility for the success and popularity of these techniques. The 28 NEP programs have developed and used these techniques to implement their management plans, designed to improve water quality, habitat and estuarine resources. Strong federal support is critical in maintaining the success of this popular program. By maximizing the federal investment in the management plans and local partnerships that have been created, the National Estuary Program provides real benefits to the health of the nation's estuaries and the people who live there.

ANEP believes that the increased authorization for this national program will truly be a sound investment in the future of the nation's estuaries. In years past, there were just a dozen NEPs receiving approximately $12 million to develop CCMPs - about $1.0 million per NEP. However, due to recognition of the value of these programs and the resulting demand, today there are 18 NEPs implementing CCMPs with another 10 in the development stage that same $12 million has been increasingly stretched to attempt to support the additional Estuary Programs created at the request of governors and citizens across the nation. An increase in authorized funding is necessary because there are now 28 National Estuary Programs and solid federal support is needed to fully advance the mission and goals of each NEP as determined by local interests.

A recent report from the Estuary Programs shows that, based on a conservative analysis, the EPA contribution under Section 320 to implement the NEP estuary management plans was, on average, only 32 percent of the total dollars that these community-based programs directed to actions in the estuaries. In fact, for a quarter of the programs it was less than 20 percent. In general, this means that for every dollar in direct Section 320 funding invested, the NEPs leverage 2 dollars from state, local and other funding sources and services. There are few federal programs that can show this kind of return on investment. This also reflects the level of State and local commitment to the NEPs as well as recognition that these programs are an effective catalyst for action in our nation's estuaries.

In a program that has a strong history of leveraging funds, enhanced federal funding will allow the NEPs to bring in additional state, local and other funds to protect our estuaries. With stable support for the local NEP staff, more staff resources can be devoted to seeking out these additional funding sources and directing them toward creating solutions for estuary problems. Also, the NEPs will have the capacity to accommodate the increased demand for actions in our estuaries as coastal population increases and resources are increasingly stressed. These programs are already being called upon to deal with emerging issues such as invasive species, harmful algal blooms and sea level rise. With enhanced funding, the NEPs could meet the growing demand for action while continuing to effectively build local solutions that satisfy identified scientific and economic needs as well as the interests of the many stakeholders in their estuaries.

Linking Estuary Habitat Restoration and NEP Reauthorization: A Formula for Success

The National Estuary Program is a broad-based program, taking a comprehensive approach to addressing the wide range of problems facing the Nation's estuaries: preventing habitat degradation and loss of recreational and commercial fisheries; protecting and improving water quality; pioneering watershed management techniques; controlling sewage outfalls and septic system impacts; mitigating impacts from increasing land development; developing strategies to deal with invasive species and harmful algal blooms the list goes on and reflects the inter-related nature of these problems and the community-based nature of the NEP approach. In contrast, the Estuary Habitat Restoration Partnership Act takes a targeted approach toward a specific problem: loss and degradation of estuarine habitat. The NEP program, while currently deeply involved in habitat restoration planning and projects, does not have sufficient resources to adequately address habitat restoration in addition to addressing the broad range of other problems included under our mandate. This is why a federal funding program for this purpose is so necessary. At the same time, S. 835's mission is urgently needed but not broad enough to address the entire spectrum of pressures on our estuaries including those environmental factors that significantly affect the success of restoration projects. These two pathways join within the National Estuary Program. Because the NEPs are an on-the-ground, in-place mechanism for effecting estuary habitat restoration within the larger watershed perspective that is the foundation of the NEP's success, we believe that NEP reauthorization and habitat restoration legislation must be considered together. They form a web of action and resources that will result in the kind of measurable environmental progress that we are all working to achieve.

The National Estuary Program: Securing a Sound Future for the Nation's Estuaries

The National Estuary Program has evolved into a leader in coastal protection and action over the last decade and a half (refer to the attached success stories list, Results from the National Estuary Program). Starting with four pilot programs in 1985, the success of and need for the program has led to the current status 28 estuaries in the national program of which 10 are in the developmental stage and 18 are in the implementation stage of their individual Comprehensive Conservation and Management Plans. The implementing programs have been tackling the many pressures and problems in our estuaries and the remaining programs will soon be fully in the implementation phase. The funding level authorized under Section 320 of the Clean Water Act has not kept up with the growth of and demand for the program. The cost of implementing the 28 CCMPs far outweighs the cost of developing them. Current funding levels ($17.321 million appropriated in FY99 for all 28 NEPs) have barely been sufficient to allow the programs to finish development of these critical estuary management plans. Now faced with implementing these publicly- and federally-approved management plans, the need for federal funding support is greater than ever. The level of funding authorization presented in S. 878 is the level realistically necessary to allow for implementation of the 28 CCMPs., as mandated by Congress.

The National Estuary Program is clearly not the "command-and-control" type of EPA program. Rather, it is a program where local governments, citizens and the private sector come together and agree on how to manage the Nation's estuaries and on how to craft local solutions to common coastal problems. Only with the full support of the local sector is the proposed CCMP submitted to the state governors and the EPA Administrator for approval. Thus, it is the States, in close coordination with the local stakeholders and the Federal government, that create and implement new, non-adversarial and cost-effective estuary management plans, in contrast to the "command-and-control", top-down approach to environmental protection.

The NEP has a history of valuing community involvement and building support for initiatives. Citizens see these programs (and their staffs) as a part of a governmental structure that uses resources efficiently, is responsive to their needs, and is effective in solving problems and raising issues and awareness. NEPs have been particularly effective in identifying and funneling relevant resources (grants, technical assistance, etc.) to states, communities and citizens' groups. Sandra Wyatt, a member of a citizens' group in Barrington, R.I., the Allins Cove Neighborhood Association, seeking to restore a nearby cove's coastal wetlands, recently said this of her local NEP:

"We have been trying to deal with federal and state agencies to get our cove restored and we felt that there was a lot of talk but very little action. But recently, with Estuary Program coordination, technical assistance and persistence, things are starting to happen. The Estuary Program's coastal habitat restoration initiative has some steam behind it and they have really brought the issue to the public's attention and, equally important, have helped focus federal and state agency resources on our local habitat restoration needs."

The National Estuary Program is one of a handful of federal nonregulatory programs that truly attempt to address local concerns. This effective national network of programs shares its experiences and lessons learned with each other and with other watershed and governmental organizations. It has been and, with your help, will continue to be a national resource for the protection and improvement of the nation's estuaries.

We thank the Committee for providing us the opportunity to share our views with you. The Association of National Estuary Programs stands ready to assist the Committee as it works to pass this vital legislation.

Results from the National Estuary Program:

Through the National Estuary Program, many environmental problems are being solved. A few examples of NEP success stories include:

The Massachusetts Bays Program led an interagency approach to shellfish bed restoration that will restore and protect 13 shellfish beds along Massachusetts and Cape Cod Bays. As part of this effort, the program has linked up with business interests to promote innovative technologies for pollution prevention and remediation. Through the work of the Barnegat Bay NEP, more than 32,000 acres of critical habitat area have been preserved in Barnegat Bay, New Jersey. Over 40,000 acres of impounded marsh and mangrove wetlands have been reconnected to the Indian River Lagoon on Florida's eastern coast, one of the most productive ecosystems in the U.S., located in an area with high population growth and human pressures. On the Florida's Gulf Coast, the Sarasota Bay NEP has helped achieve a 28-38 percent reduction in nitrogen loadings to the Bay, spurring a seven percent increase in seagrass production. Two NEPs, in Corpus Christi Bay, Texas and Tampa Bay, Florida, are developing long-term dredged material management plans to provide environmental protection and to maximize beneficial uses of dredged materials. The San Juan National Estuary Program is reducing the number of unauthorized raw sewage discharges from boater pumpout stations while the Narragansett Bay Estuary Program played a seminal role in having the entire bay and the State's coastal waters designated a "No Discharge Zone" (the first large estuary to achieve such designation). Maine's Casco Bay Estuary Program teamed up with local lobstermen to study habitat in Portland Harbor, discovering that the harbor supported a thriving lobster community, larger than anyone had thought. This partnership then relocated thousands of lobsters to other areas while the harbor was dredged, thereby protecting an important natural resource while supporting the increased economic development that the dredging allowed. The New York/New Jersey Harbor NEP, through its Habitat Workgroup, has prioritized and produced GIS coverages of habitat sites targeted for restoration and acquisition by the two states. This process has already resulted in the funding several millions of dollars worth of restoration projects. The data are being used to identify not just potential sites, but also other factors that can impair restoration such as erosion problems and incompatible land uses. The San Francisco Estuary Project has partnered with local land commissions to provide 25 educational workshops for 1400 developers, contractors and local officials. This training and information has resulted in improved compliance with erosion and sediment control requirements in the Bay area increasing from 30-40 percent in the early 1990s to 90 percent in 1998.

The Long Island Sound NEP has been instrumental in developing the scientific data that has resulted in the ongoing and planned upgrades of sewage treatment plants (with bi-state bond funding totaling several billion dollars) to reduce nitrogen loading to the Sound, leading to improved levels of dissolved oxygen that better support marine life. In Mobile Bay, AL, the local Estuary Program responded to community concern over introduced species from ship ballast water by creating a cooperative project with the U.S. Coast Guard to check ship logs for compliance with voluntary maritime ballast exchange policies. 700 acres of Florida upland habitat were restored through the removal of exotic plant species and restoration of natural hydrology in a partnership effort led by the Charlotte Harbor NEP. In 1998, the Seabrook Middle Ground clam flat in coastal New Hampshire was reopened to clamming for the first time in nearly 10 years due largely to improvements in water quality coordinated by the New Hampshire Estuaries NEP.