Testimony of
Nancy Foster
Assistant Administrator
National Ocean Service
of the
National Oceanic and Atmospheric Administration
U.S. Department of Commerce
before the
Subcommittee on Water Resources and the Environment
Committee on Transportation & Infrastructure
House of Representatives

February 10, 1999

Mr. Chairman, and Members of the Subcommittee, thank you for inviting me to appear today to discuss FY2000 plans and priorities for NOAA's programs under the jurisdiction of the subcommittee. I will discuss two categories of programs today – programs to fulfill NOAA's role as trustee for coastal natural resources under several Federal statutes, and programs relating to prevention and control of coastal non-point water pollution. These are programs that make a real difference to our citizen's quality of life, both environmentally and economically, through the protection and restoration of our countries vital coastal and marine natural resources.

NOAA's Natural Resource Trustee Programs
NOAA's natural resource trustee responsibilities are integral to the agency's broad stewardship responsibilities for the Nation's marine and coastal resources. As the lead federal trustee for coastal and marine resources, NOAA ensures effective stewardship of: living marine resources including all fishery resources in the exclusive economic zone and continental shelf; anadromous species throughout their ranges; endangered and threatened marine species; marine mammals; the resources of national marine sanctuaries and estuarine research reserves; and tidal wetlands and other significant coastal and marine habitats. NOAA fulfills the Secretary of Commerce's mandates under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund), the Oil Pollution Act of 1990 (OPA) and the National Marine Sanctuaries Act (NMSA). In response to specific directives contained in these laws, NOAA protects and restores coastal resources when they are injured by releases of oil and other hazardous materials, thereby preserving the Nation's natural resource heritage for the benefit of Americans today and for the use of future generations. More specifically, when the Nation's natural resources are injured, these Federal statutes authorize trustees to:
• ensure that cleanup actions protect those resources from further injury;
• restore the injured resources; and
• obtain compensation for the public for the injury or loss of natural resources.

Two NOAA programs have proven to be highly effective in fulfilling the mandate to protect and restore coastal and marine resources injured by releases of oil and hazardous materials: the Coastal Resource Coordination (CRC) program and the Damage Assessment and Restoration Program (DARP). The CRC program is implemented through activities conducted by the National Ocean Service (NOS), and the DARP program is implemented through activities conducted by both the National Ocean Service and the National Marine Fisheries Service (NMFS).

In recognition of the important contributions made by these natural resource trustee programs to NOAA's coastal stewardship mission, the National Ocean Service proposed an organizational change to sustain and strengthen these capabilities. An Office of Response and Restoration (OR&R) will be created to provide a focal point for NOAA's responsibilities for responding to environmental threats. OR&R will engage in a number of activities ranging from preventing oil spills and hazardous material releases to restoring injured coastal resources. This proposal was recognized by Congress in NOAA's FY 1999 appropriations through the creation of a new Response and Restoration budget line under NOS's Ocean Resources Conservation and Assessment subactivity.

The Damage Assessment and Restoration Program (DARP)
NOAA's Damage Assessment and Restoration Program (DARP) conducts natural resource damage assessments and restoration for oil spills, chronic discharges of hazardous materials, and injuries to sanctuary resources. Since its inception in 1990, DARP and its partners have secured more than $230 million in restoration funding for injured natural resources from those responsible for the harm. More than 20 restoration programs are underway around the Nation's coast as a result of NOAA's successes with state, tribal, and federal partners. Here are just a few examples: thirty-two acres of marsh have been created to restore injuries near the Houston ship channel caused by a 43 million gallon acid spill in 1992; almost 2,000 coral fragments were reattached to a fringing coral reef off Puerto Rico after being broken off by the hull of a container ship in July of 1997; and 17-acres of new intertidal habitat have been created in Commencement Bay in Washington. These results have been accomplished through the efforts of dedicated teams of scientists, economists and lawyers working together to evaluate toxic releases; assess and quantify injuries; recover damages through negotiation or litigation; develop restoration alternatives; implement restoration projects; and evaluate the effectiveness of restoration projects. DARP's accomplishments depend upon strong partnerships between the Damage Assessment Center in NOS, the Restoration Center within NMFS, and the Office of General Counsel for Natural Resources. The expertise provided by these offices makes DARP an essential part of NOAA's stewardship mission by direct restoration of injuries to coastal and marine resources, paid for by the responsible parties.

NOAA's FY 2000 funding request for DARP's Damage Assessment Center is included within the total request of $19.9 million under the NOS Response and Restoration budget line. The request represents level funding for the Damage Assessment Center to sustain ongoing efforts to assess injury and restore coastal resources. The request supports existing partnerships with states and other trustees, like the one with New York that is striving to reverse decades of PCB contamination in the Hudson River. Ongoing damage assessment cases will continue, such as the one for the Palos Verdes shelf where NOAA is pursuing restoration of the natural resources injured by the world's largest deposit of DDT spread over 40 square kilometers of ocean bottom. The requested funding also supports a rapid response capability that allows NOAA to report to the scene of a spill within hours of notification and assess damage.

The Damage Assessment Center FY2000 request will enable the DARP to maintain its leadership role and continue support for a number of select activities that leverage the effectiveness of co-trustees by: completing ongoing damage assessments, including commitments to assist state trustees for sites like the Calcasieu Estuary in Louisiana; continuing to develop and share technical guidance on the natural resource damage assessment regulations under OPA; undertaking training efforts for other trustees to ensure more efficient and effective assessments and restoration; developing improved methodologies for identifying and quantifying natural resource injury and restoration needs; and providing for more public participation in restoration planning and decision making.

It should be noted that the Damage Assessment Center's considerable successes have been realized through a relatively modest investment of base appropriations that leverage monies provided by responsible parties. Since its inception in 1990, appropriations of approximately $20 million for DARP have enabled the program and its partners to secure more than $230 million in restoration funding for injured natural resources from those responsible for the harm. The FY 2000 request continues support for the Damage Assessment Center.

NOAA's FY2000 funding request for the Restoration Center, which supports DARP activities, is included in the NMFS budget request under the Habitat Conservation line item. The request represents an increase of $1.7 million for the Restoration Center to expedite implementation of restoration connected to natural resource damage assessments, insure the long-term efficacy of existing restorations, and foster efforts to restore coastal resources at the community level. The Restoration Center successfully carries out restoration planning and construction, as demonstrated by the emergency oyster reef restoration in Tampa Bay, Florida and restoration activities around Narragansett Bay, Rhode Island after the World Prodigy oil spill. In addition to restoring salt marsh, seagrass, and shellfish habitats, a cobble reef was constructed to create habitat required by lobsters. Working in partnership with academia and other groups, the Restoration Center was able to supplement the new habitat with juvenile lobsters and study their growth and survival, providing the data necessary to evaluate the benefits and gauge the success of the project. Often there are limited resources for developing restoration plans, conducting restorations, performing monitoring and taking corrective management actions. While the DARP program has generated significant funding from responsible parties to conduct coastal restoration, NMFS requires this increase to support a base Restoration Center program essential to implementing restoration with recovered monies. The increase will enable the Restoration Center to establish a sufficient base program to effectively manage restoration responsibilities that have increased in nature, scope and magnitude.

The Coastal Resource Coordination Program
The Coastal Resource Coordination (CRC) program works within the remedial process at hazardous waste sites with EPA and other lead cleanup agencies to:
• protect NOAA trust resources throughout the hazardous waste cleanup process;
• achieve protective remedies; and
• restore natural resources through negotiated settlements with responsible parties.

Since 1985, the CRC program has contributed to a more environmentally protective Superfund program, resulting in cleaner coastal habitats and healthier commercial and recreational fish stocks, in addition to addressing impacts on human health.

NOAA's FY 2000 request for the CRC program is included within the $19.9 million total request under the NOS Response and Restoration budget line item. The request represents level funding for the CRC program to ensure that cleanup actions are conducted at hundreds of coastal hazardous waste sites protect and restore fish, shellfish, wetlands, coastal waters, and other natural resources. Coastal resources will be protected at Nyanza Chemical in Massachusetts, the Hudson River PCB site in New York, Diamond Alkali in New Jersey, Lavaca Bay in Texas, Calcasieu Estuary in Louisiana and Commencement Bay in Washington. The request will help restore and protect valuable coastal waters that support billions of dollars of economic activity each year through tourism, recreation and commercial fishing.

The CRC program is primarily funded with Superfund program money that is passed to NOAA through an interagency agreement with EPA. Due to the nature of this funding, the range, extent, and priorities of NOAA's stewardship efforts at coastal hazardous waste sites are limited. The funding requested through the Clean Water Initiative will allow NOAA to expand its work on sites where states have the lead for cleanup activities, on industrial and military facilities and other non-Superfund sites, conduct site-specific research studies, and develop watershed mapping tools to improve remedial decision-making and restoration planning in partnership with states and other coastal resource managers. It will also allow the CRC program to continue to provide technical assistance directly to states and local communities to accelerate restoration of waste sites and brownfield sites. Specifically, CRC field staff and a multi-disciplinary team of experts work together to: describe the resources at risk, the contaminants of concern and the ways the contaminants could reach natural resources and people; design scientifically sound sampling strategies; measure and predict the effects of contaminants on natural resources; develop site specific cleanup levels; recommend cost-effect approaches for site assessment and cleanup, design monitoring programs to ensure the remedies are protective; and develop database and mapping tools to support improved remedial decision-making and restoration planning. Coastal areas where these activities have been initiated include Long Island Sound, Newark Bay, Delaware River, Christina River, San Francisco Bay, Willamette River and Puget Sound. These activities directly support NOAA's coastal stewardship responsibilities by promoting economic prosperity and environmental vitality in areas previously degraded by toxic pollutants.

Benefits of NOAA Natural Resource Trustee Efforts
Over the past fifteen years, numerous benefits have accrued as a result of the CRC and DARP programs. These include:

• Injured coastal resources are protected and restored with a minimal investment of taxpayer dollars.
• Remedial actions are more protective of the public's natural coastal resources.
• Incentives are created for responsible environmental practices.
• Advances in environmental science, law and economics benefit NOAA and the Nation.
• Transfer of technology and guidance for these applications helps other federal, state and tribal programs.

The funding requested by NOAA in FY 2000 for these natural resource trustee programs will ensure the agency's capabilities under the authorities of CERCLA, OPA, and NMSA for protecting and restoring injured coastal and marine resources .

Coastal Non-Point Source Pollution
As evidenced by outbreaks of Pfiesteria in the coastal waters of the eastern seaboard, the dead zone in the Gulf of Mexico and the loss of salmon fisheries in the Pacific northwest, coastal waters are under increasing pressure from polluted runoff. According to state water quality reports, urban runoff and storm sewers are the most widespread source of pollution in the Nation's surveyed estuarine waters. Of the estuaries surveyed by coastal states (72% of all estuarine waters) 38% are reported to be partially or fully impaired, with water quality threatened in an additional 4%. Of the Great Lakes shore miles surveyed (94% of all shore miles), 97% were reported to be partially or fully impaired, with water quality threatened in an additional 1%. According to the States, agricultural pollution problems affect 25% of all rivers and streams surveyed, and contribute to 70% of all water quality problems identified in rivers and streams. Coastal population continues to expand, exacerbating runoff pollution from new development and human related activities. For example, growth along the southern California coast from Santa Barbara to San Diego has averaged about 3,400 newcomers every week. In response, coastal states have recently enhanced their ability to deal with these sources of polluted runoff through a comprehensive and organized approach; the Coastal Non-point Pollution Control Program.

The Coastal Non-point Pollution Control Program
The Coastal Nonpoint Program has established a technology-based approach for dealing with polluted runoff. This approach generally consists of implementing management measures to control nonpoint sources of pollution before they impact coastal waters. Management measures include techniques such as controlling erosion from construction activities, managing nutrients from fertilizers applied to agricultural land, reducing the impacts of stormwater runoff, and protecting areas that are particularly important for water quality. These measures are detailed in guidance developed by the Environmental Protection Agency (EPA), in consultation with NOAA, and address a broad spectrum of nonpoint pollution sources, including agriculture, forest harvesting activities, urban runoff, marinas, impacts associated with the construction and maintenance of dams and channels, and other alterations of natural systems. State coastal nonpoint programs have been developed in accordance with this guidance and submitted to NOAA and EPA for approval. These state coastal nonpoint programs will be administered by a variety of state and local agencies through implementation of new and existing authorities, plans, and projects.

NOAA and EPA have issued approval decisions for the twenty-nine state coastal nonpoint programs that were submitted in accordance with the July 1995 deadline specified in the 1990 legislation. Three additional states (Texas, Georgia, and Ohio) have since joined NOAA's Coastal Zone Management Program and are in the process of developing their coastal nonpoint programs. A fourth state, Minnesota, is anticipated to join the Coastal Zone Management Program in 1999 and begin to develop its coastal nonpoint program.

NOAA and EPA have found that states do not yet have all of the tools they need and have therefore placed certain conditions on state coastal nonpoint programs. In general, NOAA and EPA have found that state programs still need improvement to ensure control of polluted runoff from agricultural and urban sources, two of the most significant categories of nonpoint pollution for coastal waters. There is also variability in the extent to which states are able to address nonpoint source impacts associated with forestry, development and maintenance of marinas, and shoreline modification. NOAA and EPA are working diligently with the coastal states to complete development of their coastal nonpoint programs and are providing technical and financial assistance to support effective program implementation.

Solving the Coastal Polluted Runoff Problem
The development of state coastal nonpoint programs has highlighted the relative strengths and weaknesses in state capabilities to manage polluted runoff, identifying existing tools and areas where more effort will be required. In the 1999 budget, NOAA received $8 million to support continued development and implementation of state coastal nonpoint programs. In the President's budget for fiscal year 2000, NOAA is requesting $12 million. These additional resources will significantly improve states' ability to manage polluted runoff and reduce coastal water pollution. NOAA will use the $12 million requested under the Clean Water Initiative to assist coastal states in completing their plans and moving ahead to implement coastal polluted runoff prevention and reduction activities. These funds will provide coastal states with the resources they need to make inroads in the reduction of coastal nonpoint pollution.

Within the $12 million total, NOAA is requesting $6 million to enable states to complete coastal nonpoint program development process. Completing program development requires meeting conditions placed on program approval, thereby shoring up existing efforts to provide adequate program capacity to solve coastal polluted runoff problems. States are also beginning to implement their programs, combining resources from a number of Federal and state initiatives to comprehensively address the full range of nonpoint source activities.

NOAA is requesting the remaining $6 million to enable states to implement their Coastal Nonpoint Programs. Funds would be used by coastal states to prevent and reduce impacts from polluted runoff on coastal habitats, coastal waters, coastal economies and human health in the coastal zone. These grants will accelerate the implementation of on-the-ground management measures and leverage other state and local resources working to control the flow of polluted runoff into coastal waters. NOAA's request for funding of coastal nonpoint programs should not be viewed alone - NOAA's funding will complement the resources EPA and USDA are providing to their partners, the state water quality and agriculture agencies, to provide a comprehensive program that relies on the combined strength of all resource management agencies. State coastal management programs need these funds to play their appropriate role in the efforts necessary to control coastal nonpoint pollution. NOAA views this funding as critical for state coastal management programs to participate in the efforts necessary to control coastal nonpoint pollution.

Mr. Chairman, thank you again for inviting NOAA to participate in today's hearing. At this time I would be pleased to respond to any questions.