Volume III-Case Studies
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Chair
Council on Environmental Quality: Katie McGinty,
Chair
Members
Department of Agriculture: James R. Lyons, Under
Secretary for Natural Resources and Environment
Department of the Army: John Zirschky, Assistant Secretary for
Civil Works
Department of Commerce: Kate Kimball, Deputy Assistant Secretary
for Oceans and Atmosphere
Department of Defense: Sherri W. Goodman, Deputy Under Secretary
for Environmental Security
Department of Energy: Susan Tierney, Assistant Secretary for Policy,
Planning, and Program Evaluation
Department of Housing and Urban Development: Andrew M. Cuomo.
Assistant Secretary for Community Planning and Development
Department of the Interior: Bonnie Cohen, Assistant Secretary
for Policy, Management, and Budget
Department of Justice: Lois Schiffer, Assistant Attorney General
for Environment and Natural Resources
Department of Labor: Joseph A. Dear, Assistant Secretary for Occupational
Safety and Health
Department of State: Elinor G. Constable, Assistant Secretary
for Oceans and International Environmental and Scientific Affairs
Department of Transportation: Frank Kruesi, Assistant Secretary
for Transportation Policy
Environmental Protection Agency: David Gardiner, Assistant Administrator
for Policy, Planning, and Evaluation
Office of Management and Budget: T.J. Glauthier, Associate Director
for Natural Resources, Energy, and Science
Office of Science and Technology Policy: Jack Gibbons, Director
Co-Chairs
Department of the Interior: James Pipkin, Counselor
to the Secretary of the Interior
Department of Agriculture: Dr. Diane Gelburd, Regional Conservationist
for the East, Natural Resources Conservation Service
NOTE: THE PAGE NUMBERS IN THIS TABLE OF CONTENTS ARE NOT ACCURATE.
THEY ARE A VESTIGE OF THE "HARD COPY" VERSION.
INTERAGENCY ECOSYSTEM MANAGEMENT TASK FORCE
LIST OF ABBREVIATIONS
Chapter 1: INTRODUCTION
THE ECOSYSTEM APPROACH
THE CASE STUDIES
Chapter 2: ANACOSTIA RIVER WATERSHED
BACKGROUND
APPENDIX A-Selected Documents Reviewed
APPENDIX B-Principal Federal Programs and Authorities Relevant to the Anacostia Initiative
Chapter 3: COASTAL LOUISIANA
BACKGROUND
Chapter 4: GREAT LAKES BASIN
BACKGROUND
Chapter 5: PACIFIC NORTHWEST FORESTS
BACKGROUND
Chapter 6: PRINCE WILLIAM SOUND
BACKGROUND
Chapter 7: SOUTH FLORIDA
BACKGROUND
Chapter 8: SOUTHERN APPALACHIANS
BACKGROUND
| ADID | Advanced Identification of Disposal Sites |
| AWRC | Anacostia Watershed Restoration Committee |
| BARC | Beltsville Agriculture Research Center (U.S. Department of Agriculture) |
| BLM | Bureau of Land Management (U.S. Department of the Interior) |
| CENR | Committee on Environment and Natural Resources |
| CERCLA | Comprehensive Environmental Response, Compensation, and Liability Act |
| Corps | U.S. Army Corps of Engineers (U.S. Department of Defense) |
| CWA | Clean Water Act |
| CWPPRA | Coastal Wetlands Planning, Protection, and Restoration Act |
| DEP | Department of Environmental Protection |
| EA | Environmental assessment |
| EIS | Environmental impact statement |
| EPA | Environmental Protection Agency |
| ESA | Endangered Species Act |
| FACA | Federal Advisory Committee Act |
| FOIA | Freedom of Information Act |
| FWS | U.S. Fish and Wildlife Service (U.S. Department of the Interior) |
| FY | Fiscal year |
| ICPRB | Interstate Commission on the Potomac River Basin |
| MOA | Memorandum of Agreement |
| NEPA | National Environmental Policy Act |
| NFMA | National Forest Management Act |
| NGO | Nongovernmental organization |
| NMFS | National Marine Fisheries Service (NOAA, U.S. Department of Commerce) |
| NOAA | National Oceanic and Atmospheric Administration (U.S. Department of Commerce) |
| NPDES | National Pollution Discharge Elimination System |
| NPFMC | North Pacific Fisheries Management Council |
| NPS | National Park Service (U.S. Department of the Interior) |
| NRCS | Natural Resources Conservation Service (U.S. Department of Agriculture) |
| O&C | Oregon and California |
| PGDER | Prince Georges County Department of Environmental Resources |
| RIEC | Regional Interagency Executive Committee |
| ROD | Record of Decision |
| SAMAB | Southern Appalachian Man and the Biosphere Reserve |
| SFWMD | South Florida Water Management District |
| TSCA | Toxic Substances Control Act |
| UNESCO | United Nations Educational, Scientific, and Cultural Organization |
| USDA | U.S. Department of Agriculture |
| WRDA | Water Resources Development Act |
Vice President Gores National Performance Review recommended that federal agencies adopt "a proactive approach to ensuring a sustainable economy and a sustainable environment through ecosystem management." The link between a healthy economy and a healthy environment has highlighted the need to actively maintain our natural infrastructure before problems arise, as we do with our highways and bridges. The Interagency Ecosystem Management Task Force was established to implement an ecosystem approach to environmental management.
PRINCIPLES OF THE ECOSYSTEM APPROACH
An ecosystem is an interconnected community of living things, including humans and the physical environment in which they interact. The goal of the ecosystem approach is to restore and sustain the health, productivity, and biological diversity of ecosystems while supporting sustainable economies and communities. Many factors, such as interagency conflicts, incompatible data bases, a lack of research on ecosystem functioning, inconsistent planning and budgetary cycles, and differing agency organizational structures, have hampered development of a coordinated approach to actively restoring or sustaining the health of the ecosystems that are the cornerstones of viable economies.
Because ecosystems do not follow administrative boundaries, such as the borders of national parks and forests or political jurisdictions, working to restore or sustain ecosystem productivity involves a perspective that crosses those artificial boundaries. This entails a shift from the federal governments traditional focus on individual agency jurisdiction to a broader focus on the actions of multiple agencies within larger ecological boundaries. Just as collaboration is important, finding ways to increase voluntary cooperation with state, tribal, and local governments, as well as with nongovernmental organizations and the public, is key to an effective ecosystem approach.
THE CASE STUDIES
Seven ecosystems were selected by the Task Force for study, based on nine criteria: (1) ongoing interagency and intergovernmental management activities; (2) a mix of resource management and infrastructure agency involvement; (3) a mix of geographic scales and efforts at various stages of development; (4) availability and accessibility of data on the ecosystem; (5) environmental importance of the area; (6) a variety of environmental, economic, and social issues; (7) public and private support of-and interest in-the ecosystem; (8) interagency support for the selection; and (9) geographic location.
There are many other ecosystems, in addition to the seven, with large-scale, integrated management projects that may also meet the above criteria. The Task Force chose to focus the learning process on a few areas that serve as case studies for the ecosystem approach. Limiting the focus of this learning process to the seven ecosystems does not mean that these ecosystems are the only areas in which the federal government will, or should, pursue the ecosystem approach.
The Interagency Ecosystem Management Task Force, acting through its Working Group, commissioned interagency survey teams to conduct the case studies in the summer and early fall of 1994. Primarily through interviews with interested parties in each ecosystem, teams identified opportunities for-and constraints to-interagency coordination of the ecosystem approach. Their focus was on identifying barriers to the ecosystem approach, and ways the federal government can help to overcome these barriers. The lessons learned provide guidance for natural resource managers as they devise (or revise) the ecosystem approach for these seven ecosystems and others across the nation. The information presented in these summaries was current as of early 1995. The findings and conclusions are still valid, although specific factual information may have changed.
Each survey team consisted of from six to eight representatives of federal agencies. Agencies represented on one or more survey teams included the U.S. Army Corps of Engineers, Army General Counsel, Council on Environmental Quality, Environmental Protection Agency, Federal Aviation Administration, U.S. Fish and Wildlife Service, U.S. Department of Agriculture (USDA) Forest Service, National Biological Service, National Oceanic and Atmospheric Administration, National Park Service, USDA Natural Resources Conservation Service (formerly Soil Conservation Service), Office of Science and Technology Policy, U.S. Department of Justice, and U.S. Department of the Interior. Although agency representation varied from team to team, it broadly reflected the makeup of the Interagency Ecosystem Management Task Force and its Working Group.
Environmental problems in all seven ecosystems chosen for this study include habitat degradation, loss of biodiversity, social and economic concerns, and diminished natural resource uses. Interagency efforts to implement the ecosystem approach are underway in all seven ecosystems. These efforts have a restoration focus or component, and most involve nonfederal collaborators (state, local, tribal, and nongovernmental entities) as essential partners in the process.
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Anacostia River watershed. The Anacostia River watershed, located in the District of Columbia and Maryland, is an ecosystem of tidal marshes, rivers and streams, upland forests, and urban and rural environments. To varying degrees, the rich natural resources in this ecosystem have been degraded or destroyed over the past three centuries through the effects of agriculture and urban development. Components of this ecosystem are being restored through efforts coordinated by the Anacostia Watershed Restoration Committee (established in 1988 by state and local agencies), with federal assistance.
Coastal Louisiana. Each year, Coastal Louisiana suffers alarming losses of rich wetlands and barrier islands, primarily because natural processes of wetland accretion and replenishment have been disrupted by efforts to control the Mississippi River. Under the 1990 Coastal Wetland Planning, Protection, and Restoration Act, a task force involving federal agencies and the state of Louisiana is implementing projects designed to restore Louisianas coastal wetlands.
Great Lakes basin. The Great Lakes basin contains the worlds largest body of surface freshwater, and supports a variety of habitats in its waters, shoreline marshes, and surrounding forests. The combined effects of industrial pollution, urban development, and habitat change have devastated many Great Lakes resources. Through local initiatives establishing remedial action plans for areas of concern, and through lakewide management plans, local communities are collaborating with federal, state, and local agencies, and with tribal and nongovernmental organizations, to reverse the effects of pollution and habitat degradation in this ecosystem. Instrumental to the effort is the International Joint Commission, which facilitates coordination between Canada and the United States in ecosystem approach initiatives.
Prince William Sound. In 1989, Alaskas Prince William Sound was devastated by the worst tanker oil spill in U.S. history when the Exxon Valdez ran aground. A relatively pristine ecosystem rich in fisheries and other natural resources remains seriously threatened in the aftermath of the disaster. A civil settlement with Exxon has made funds available for restoration. Funds are administered by a joint state/federal Trustee Council, with local, tribal, and community input.
South Florida. South Florida, renowned for its subtropical Everglades, has suffered steady declines in Everglades habitat, primarily due to regional development, which has led to water diversions and river channelizations that have disrupted the natural waterflow. An agreement reached after lengthy litigation paved the way for restoration efforts to begin, and the federal South Florida Ecosystem Restoration Task Force was established in 1993 to help coordinate an effort involving federal, state, and local agencies.
Southern Appalachians. Southern Appalachia, a mountain region extending from Virginia to Alabama, provides a wide variety of ecosystems, including high-elevation spruce-fir forests, forest wetlands in mountain coves, and rich oak forests at lower elevations. Regional problems, such as severe water and air pollution as well as forest fragmentation and degradation, are primarily due to the effects of development within the region and adjacent areas. Since 1988, through the Southern Appalachian Man and the Biosphere regional network of cooperators, federal, state, and local agencies and organizations have conducted various ecosystem management and restoration activities that focus on voluntary action at the community level. |
In each of these seven ecosystems, survey teams assembled materials on the ecosystem and its history, as well as on economic development, interagency restoration initiatives, and other efforts to implement the ecosystem approach. Teams interviewed dozens of interested parties representing a broad array of stakeholders in the ecosystem. Interviewees included federal, state, and local officials, representatives of industry and agriculture, landowners and developers, tribal representatives, scientists and researchers of various affiliations, and members of nongovernmental organizations, resource management councils, and other groups.
In their interviews, survey teams focused on key issues in the ecosystem approach: budgets; institutional structures; public participation; science and information; and legal constraints and opportunities. Discussed at length in volume 2 of this series (see Interagency Ecosystem Management Task Force 1995), these issues are at the heart of recurring problems that must be resolved for the most benefits to accrue from an ecosystem approach. Legal and budgetary obstacles must be removed, activities must be based on sound science and monitoring (in conjunction with adaptive management), and the public must be involved and informed at every stage. None of this is possible without effective institutional teamwork at every level through partnerships among federal, state, and local agencies, in collaboration with tribal and nongovernmental organizations and residents of local communities.
Interviewees offered many observations on these and other issues pertaining to ecosystems and to efforts to manage and restore them. Their numerous valuable comments and criticisms constitute the bulk of this volume. At the close of each case study, there are recommendations for improving the ecosystem approach, both within the specific ecosystem addressed and across the nation. Largely based on suggestions from interviewees, these recommendations are intended to facilitate a broad discussion on improving the health of our ecosystems to ensure our human health and the economic prosperity of the nation as a whole.
The Anacostia River Watershed Restoration, an urban river restoration
initiative, illustrates a number of the components of an ecosystem
initiative, providing useful ideas and valuable lessons for future
ecosystem restoration and management. It includes cooperative
efforts across political and jurisdictional boundaries, involving
state, local, and federal agencies, civic groups, and private
individuals. The restoration effort has been driven primarily
by state and local governments and the Metropolitan Washington
Council of Governments, although there has been some federal involvement
and use of federal grants, and a number of federal programs and
projects have affected or influenced the initiative. An "Agreement
of Federal Agencies on Ecosystem Management in the Chesapeake
Bay" was signed on July 14, 1994, by several agencies,
agreeing to "give full support to the Anacostia River Demonstration
Project as an opportunity to apply ecosystem management concepts
in an urban environment." Preliminary coordination among
the agencies has been established, though details of federal support
for the project had yet to be worked out at the time of this study,
and funding had yet to be found.
The study focuses on federal contributions to the Anacostia River
Watershed Restoration initiative, identifying areas where, in
retrospect, "things could have been done differently,"
or where federal involvement could be improved. Mention of deficiencies
or problems (primarily by interviewees) is not intended to detract
from accomplishments made through the various efforts. Based on
interviewee comments, the survey team recommended ways of improving
federal contributions to the Anacostia basin restoration initiative
and to the ecosystem approach in general. Recommendations are
presented at the end of this chapter.
The survey team interviewed representatives from federal, state,
and local government agencies, government coordinating bodies,
and nongovernmental organizations (NGOs) involved in the Anacostia
restoration. The team conducted small-group, large-group, and
individual interviews, supplemented by telephone interviews. The
team also reviewed documents containing background information,
results of studies, and recommendations. Some of these documents
are listed in appendix A at the end of this chapter.
The survey team consisted of representatives from the Interagency
Ecosystem Management Initiative issue subgroups (budget, institutional,
public participation, science and information, legal, and policy).
Team members were: Rosina Bierbaum, Office of Science and Technology
Policy; Ann Hooker, Federal Aviation Administration; Joanne Jones,
Army General Counsel; Ron Lauster, U.S. Department of Agriculture
(USDA) Natural Resources Conservation Service (formerly Soil Conservation
Service); Rob Mangold, USDA Forest Service; Lynn Martin, U.S.
Army Corps of Engineers; Mary OLone, Environmental Protection
Agency; and Robert Reichardt, National Oceanic and Atmospheric
Administration.
BACKGROUND
The Anacostia River watershed is a 170-square-mile subbasin of
the Potomac River basin (figure 1). The watershed has nine
major subbasins, all lying in the District of Columbia and in
Montgomery and Prince Georges Counties in Maryland (figure 2).
Tidal influence extends about 9 miles above the confluence with
the Potomac River, which is a tributary of Chesapeake Bay. The
entire Anacostia River system is freshwater.
The river drains one of the most densely populated sections of
the Washington metropolitan area, with a population of more than
800,000 in 1990. Development activities have dramatically altered
the population and basin. Tributaries are prone to flash flooding
due to the steepness of stream valleys in the upper portions of
the watershed, to natural imperviousness of the soils, and to
imperviousness resulting from development.* The tidal portion
is sluggish, and flushing time can range from 12 to more than
90 days.
Historical Ecosystem Setting
The Anacostia River basin once supported significant fish and
wildlife habitat. In the early 1600s, visitors to the basin described
dense hardwood forests with a great variety of wildlife, and wetlands
supporting a wide range of fish, waterfowl, and wading birds.
Wetlands. The Anacostia River basin once contained extensive tidal
and nontidal freshwater wetlands. From its mouth to the head of
tide at Bladensburg, Maryland, the river supported about 2,600
acres of emergent tidal wetlands, an integral part of the watersheds
self-cleansing system, providing key wildlife and waterfowl habitat.
Wild rice, saw grass, lily pads, and several other species of
marsh grasses covered the tidal flats. Tidal creeks 3 to 6 feet
deep
*****
Figure 1.-Chesapeake Bay drainage. The Potomac River basin is
a massive network of more than 100 rivers draining 14,670 square
miles of land. It provides the Chesapeake Bay with almost 20 percent
of its water supply. The Anacostia River is a Potomac tributary
that drains 169.9 square miles of urban landscape.
*****
and 10 to 20 feet wide intersected the marshes, flooding them
at high tide.
Aquatic resources. Approximately 100 species of fish resided in
or migrated up the Potomac and Anacostia Rivers. Anadromous fish
found extensive spawning and juvenile rearing habitat throughout
the watershed. For centuries, fish such as menhaden, yellow perch,
herring, and striped bass migrated annually from Chesapeake Bay
into nontidal freshwater tributaries of the Anacostia to spawn.
Fish were so plentiful in the early 1600s, according to a report
by the Interstate Commission on the Potomac River Basin (1988),
that Captain John Smith (the Chesapeake Bays first explorer) and
his men reportedly tried to catch them with frying pans. But commercial
fisheries developed in the mid-1700s, and fish became a
*****
Figure 2.-The Anacostia River basin has nine subbasins, all in
the District of Columbia or in Montgomery and Prince Georges Counties
in Maryland. (Piped tributaries in the District of Columbia are
not shown.) (Source: Metropolitan Washington Council of Governments.)
*****
supplemental food. "Concern about overfishing of the Potomac
and Anacostia was expressed as early as 1817," according
to the Commissions report. "By the end of the century, a
number of fisheries began to decline. Overfishing in the Potomac
was the inevitable result of immense exhausting sweeps of 1,600-fathom
seines covering over 1,200 acres of bottom twice a day and
the continual drifting of gillnets . . . and hundreds of poundnets."
Wildlife. Forests of oak, scrub pine, laurel, and hickory extended
beyond the marshes. Forests and wetlands contained a great variety
of birds and mammals, including the long-billed marsh wren, reed
bird, red-winged blackbird, rail bird, marsh hawk, osprey, bittern,
least tern, woodcock, and a variety of herons; and the squirrel,
muskrat, otter, mink, raccoon, shrew, mole, and field mouse, among
many others.
By the 1850s, as forests were cleared and agriculture (tobacco,
corn, and cotton cultivation) was established, the Anacostia River
basin was rapidly changing. The Maryland port of Bladensburg was
silted in, and extensive mud flats formed in the river.
Current Ecosystem Setting
Many of the current problems in the watershed can be traced to
high levels of imperviousness due to development. Though spared
the effects of heavy industry, the Anacostia watershed has been
subjected to substantial nonpoint source* pollution and stream
degradation, typical of a watershed with agricultural, suburban,
and urban land uses. Sediments, nutrients, toxic compounds, and
water with elevated temperatures flow into the Anacostia and its
tributaries, contributing to a number of water quality problems.
However, portions of the upper reaches of some of the tributaries
remain relatively undisturbed and contain unique environmental
niches.
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Wetlands. More than 98 percent of tidal wetlands were lost to
filling/dredging operations and seawall construction, and nearly
75 percent of the watersheds freshwater wetlands have been destroyed
by agriculture and urbanization. Today it is estimated that there
are fewer than 100 acres of emergent tidal wetlands left. The
largest remaining emergent tidal wetland is the newly restored
Kenilworth Marsh, located on the east bank of the Anacostia River
6 miles upstream from its confluence with the Potomac River. Additional
small wetlands of 10 acres or less lie on or adjacent to
the river, primarily between Bladensburg and the East Capitol
Street bridge in Washington, DC.
Aquatic resources. Dozens of miles of stream habitat have been
severely degraded by uncontrolled stormwater runoff and past engineering
projects. Urbanization has profoundly altered the flow, shape,
water quality, and ecology of streams, leaving many with only
a fraction of their original biological diversity. More than 25
barriers constructed along the lower Anacostia impede the annual
migration of anadromous fish, eliminating much of their spawning
range. Degraded water quality has reduced historical populations
of fish and other aquatic organisms.
Water quality. Water quality varies greatly in the basin. It ranges
from good in the headwaters to severely degraded in the tidal
river, which has some of the poorest water quality in the Chesapeake
Bay system. There are few point source discharges in the Anacostia
River basin; pollution comes from surface runoff after rainfall.
Although stormwater management has been required for new development
for 15 years, much of the Anacostia basin was developed prior
to stormwater regulations. |
Severe sedimentation and high bacteria levels are common throughout
the basin. Sources of sediment include streambank erosion, urban
runoff, sand and gravel operations, agriculture, and construction
sites. Many sediments contain hydrocarbons, heavy metals and other
toxic compounds, and nutrients. Pollutant levels are 3 to 20 times
higher during storms. Dissolved oxygen levels frequently fall
below water quality standards, particularly in tidal areas. Debris
from upstream is a serious problem.
Combined sewer overflows are a type of stormwater system found
in many older cities on the east coast. During some storms, stormwater
mixes with raw sewage and is discharged, untreated, into rivers
and streams. Combined sewer overflows serve about one-third of
the District of Columbia and drain directly into the Anacostia,
exacerbating pollution problems.
Social and economic issues. The Anacostia River basin is very
diverse socially and economically. The headwaters are in rural
or suburban areas of Maryland with relatively low population densities
but rapidly rising rates of development and population growth.
Economically, much of the upper basin in Prince Georges and Montgomery
Counties is middle-income. Prince Georges County is the nations
wealthiest county with an African-American majority, while Montgomery
County is among the wealthiest counties in the nation, and contains
the states largest and most rapidly growing immigrant population.
The tidal region is a densely populated urban area lying mostly
in the District of Columbia, one of the nations largest cities
with an African-American majority. The lower Anacostia River flows
through some of the poorest neighborhoods in the District of Columbia,
neighborhoods that are predominantly African-American. The lower
Anacostia is considered by some to be one of the most polluted
river sections in the nation, and fish contamination is considered
a social issue because fish from the river are regularly eaten
in some of the regions poorer neighborhoods. The Environmental
Protection Agency (EPA) and the District of Columbias Department
of Consumer and Regulatory Affairs have issued a health advisory
on consumption of bottom-feeding fish from the tidal portion of
the river, due to chlordane and PCB levels that exceed Food and
Drug Administration limits. Elsewhere in the tributaries, recreational
fishing is limited by poor water quality and fish habitat. The
degradation and pollution of the river, with their high impact
on low-income, minority communities and growing immigrant populations,
have raised concerns about environmental justice, but this study
did not investigate the substance of these concerns.
The Watershed Restoration Initiative
The Anacostia River Watershed Restoration was conceived by representatives
of state and local jurisdictional areas over a period of several
years, facilitated by the Metropolitan Washington Council of Governments.
The Council is a regional organization of local governments in
the Washington metropolitan area, which includes the District
of Columbia and major counties and cities in suburban Maryland
and northern Virginia. The Council provides a forum for cooperative
resolution of regional problems and a vehicle for strategic planning,
coordination, and implementation. Working closely with local governments,
Council staff analyze regional needs and develop regionwide action
plans for community and economic development, transportation,
the environment, human services, and public safety.
The Metropolitan Washington Council of Governments has been involved
in efforts to understand and improve conditions in the Anacostia
River and its tributaries for a number of years. In 1979, the
Councils Water Resources Planning Board identified the Anacostia
as a priority watershed, critical to planning efforts for the
Potomac River basin. In 1984, jurisdictions in the watershed signed
the Anacostia Watershed Restoration Agreement, targeting two major
pollutants-raw sewage from combined sewer overflows in the District
of Columbia, and sediment runoff and erosion from Maryland. The
agreement pulled together efforts underway in various jurisdictions,
formulating a more comprehensive strategy. In 1987, a new regional
Anacostia Watershed Restoration Agreement was signed, establishing
goals for restoring the Anacostia. To guide the restoration process,
the agreement called for formation of the Anacostia Watershed
Restoration Committee to develop a restoration plan and coordinate
implementation with dozens of local, state, and federal agencies.
When first formed, the Anacostia Watershed Restoration Committee
consisted of six members from the District of Columbia, the state
of Maryland, and Prince Georges and Montgomery Counties. The agreement
designated the Metropolitan Washington Council of Governments
as lead agency, providing technical and administrative support
to the Committee through its Department of Environmental Programs
Anacostia Restoration Team. The Interstate Commission on the Potomac
River Basin was designated to coordinate and implement public
education and participation activities and to develop a living
resources restoration enhancement effort. In 1991, the U.S. Army
Corps of Engineers (Corps) was invited to join the Anacostia Watershed
Restoration Committee to represent federal agencies.
The Metropolitan Washington Council of Governments serves as technical
consultant to the Anacostia Watershed Restoration Committee, often
setting the agenda for discussions within the Committee. Individual
and multijurisdictional issues are raised and deliberated by technical
staffs from the Council and the various jurisdictions. Restoration
goals are determined by consensus within the Committee, with input
from the Council. The Council helps to prioritize recommendations
and to assign their implementation to work groups or state, county,
and other agencies. Specific projects are recommended by the Committee,
but funded and implemented by individual jurisdictions, depending
on budgetary constraints and political support.
*****
Important Dates in the History of the Anacostia Watershed Initiative
There have been a number of efforts over the past 25 years to
evaluate the Anacostia River basin and to determine how agencies
responsible for natural resources in the basin could best carry
out their respective stewardship roles. The following is a list
of significant milestones and formal agency coordination and cooperation
agreements.
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Different county and state agency representatives are actively
involved in various working groups addressing specific issues
or areas of the basin. Their participation contributes to their
understanding of the issues and the value of the resource, potentially
influencing regulation of utility, transportation, and other projects
to make them more compatible with protection and restoration goals.
Agencies affected by recommendations under the ecosystem approach
are invited to comment on, if not be involved in, restoration
initiatives in order to avoid future conflict with their missions
and possible misinterpretations of the intent of recommendations.
Several interviewees mentioned that different priorities must
be carefully weighed and balanced, and that selection of one goal
over another, or the balancing of goals and priorities related
to land uses, transportation, economic development, and environmental
protection, should be left to elected officials. Local and federal
officials, as well as staff from the Metropolitan Washington Council
of Governments, emphasized the importance of continuously implementing
projects in order to maintain local support and appreciation for
the restoration initiative and recognition of its problems and
accomplishments. Most restoration projects are funded through
local capital project budgets, and local governments use the restoration
plan and its goals to help win grants. The more comprehensive
and well conceived the plan, the better local governments do in
competition for scarce grants.
Restoration goals. In 1991, the Anacostia Watershed Restoration
Committee developed a six-point Action Plan for restoring the
Anacostia watershed by the turn of the century ("A Commitment
to Restore our Home River: A Six-Point Action Plan to Restore
the Anacostia River"). It identifies agencies involved in
restoration efforts and describes proposed and completed projects,
restoration problems, strategies, and challenges associated with
achieving the following six goals:
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GOAL 1: Dramatically reduce pollutant loads in the tidal estuary
to measurably improve water quality conditions by the turn of
the century. STRATEGY: Sharply reduce the number of sewage overflow
events and stormwater pollutant loadings. Prevent increased stormwater
loadings from new development. Remove trash and floatable debris
now trapped in the estuary and its tributaries; prevent future
trash and debris deposition.
GOAL 2: Restore and protect the ecological integrity of degraded
urban Anacostia streams to enhance aquatic diversity and encourage
a quality urban fishery. STRATEGY: Apply stream restoration techniques
to improve habitat in the most degraded streams. Apply land-use
controls and stringent stormwater and sediment practices at new
development sites in sensitive watersheds.
GOAL 3: Restore the spawning range of anadromous fish to historical
limits. STRATEGY: Remove key barriers to expand the available
spawning range for anadromous fish. Improve the quality of the
watersheds spawning habitat. Help anadromous fish "imprint"
this newly reclaimed habitat so that future generations will return.
GOAL 4: Increase the natural filtering capacity of the watershed
by sharply increasing the acreage and quality of tidal and nontidal
wetlands. STRATEGY: Accept no further net loss of wetlands in
the watershed. Restore the ecological function of existing degraded
wetland areas. Create several hundred acres of new wetlands.
GOAL 5: Expand the forest cover throughout the watershed and create
a contiguous corridor of forest along the margins of its streams
and rivers. STRATEGY: Reduce the loss of forest cover associated
with new development and other activities by local implementation
of Marylands 1991 Forest Conservation Act. Reforest suitable sites
throughout the basin, taking full advantage of existing resources.
Reforest ten linear riparian miles by 1994; the ultimate goal
is an unbroken forest corridor from the tidal river to the uppermost
headwater streams.
GOAL 6: Make the public aware of its role in the Anacostia cleanup
and increase public participation in restoration activities. STRATEGY:
Raise public awareness of the problems of the Anacostia River
and of the restoration effort. Educate the public about the watershed
and its role in reducing urban pollution. Encourage a grassroots
network of citizens to participate in a variety of ways, including
the implementation of small-scale habitat improvement projects.
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In 1992, the Anacostia Watershed Restoration Committee drafted
a Blueprint describing more than 400 projects designed to implement
the Action Plan ("A Blueprint for the Restoration of the
Anacostia Watershed"). The Blueprint also identifies other
projects that would contribute to restoring the Anacostia, including
mine reclamation, combined sewer overflow abatement, dredging,
and floatable debris removal. Approximately 70 projects proposed
in the Blueprint are located on federal lands (although they are
not necessarily proposed or supported by corresponding federal
agencies). Blueprint proposals generally fall into the following
categories:
|
Stormwater control. Retrofitting stormwater catchments
and building new stormwater retention basins to improve the quality
of urban runoff.
Stream restoration. Applying bioengineering measures to
stabilize eroding banks and improve fish habitat.
Fish passage. Eliminating barriers to the migration of
anadromous and resident fish.
Public outreach. Developing a set of programs to inform
and involve the public. |
The Metropolitan Washington Council of Governments is currently
assisting the Anacostia Watershed Restoration Committee in a study
to refine the goals of the Action Plan, to develop a means to
prioritize and budget for projects, and to measure restoration
progress efforts. This study will address the problem of combined
sewer overflows (not mentioned in the Committees Blueprint) and
develop recommendations for long-term monitoring, improving analytical
tools, and identifying indicators for measuring progress that
can be used to inform the public. Efforts are underway to develop
indicators of restoration success specific to each subwatershed.
Protecting viable cold water habitat in the basin is also one
of the goals. Paint Branch, a tributary of the Anacostia River,
supports the only self-sustaining trout population in the Washington
area. But trout habitat is deteriorating in the Good Hope Tributary
to Paint Branch, which accounts for more than 75 percent of annual
trout reproduction in the watershed. At the request of the Anacostia
Watershed Restoration Committee, an Upper Paint Branch Work Group
was formed to identify strategies for protecting and restoring
the watershed of the Good Hope Tributary. With members from local
and state agencies as well as environmental organizations, this
group prepared a comprehensive range of possible strategies to
protect the trout and other watershed resources. Areas addressed
in the groups report included watershed imperviousness and land
use, stormwater management and water quality, erosion and sediment
control, park acquisition and management, and resource management
and monitoring. Recommendations were offered for consideration
by local agencies during master planning, capital improvement,
environmental impact assessment, and other processes of government.
The federal role. Anacostia watershed restoration efforts are
conceived and driven primarily on the local level. However, the
federal government influences these efforts, along with any future
ecosystem approaches, in a number of ways. A 1994 Corps report
on federal facilities contains a preliminary assessment of federal
activities in the Anacostia River basin and describes ongoing
or planned environmental restoration initiatives on federal lands
(see appendix B at the end of this chapter). In addition, a number
of programs, policies, and projects predating the restoration
initiative or originally unrelated to it affect it in some way.
Programs and projects. The Corps has seven flood control and navigation
projects in the basin and maintains a small fleet of boats on
the river for collecting and removing drift debris that jeopardizes
navigation. The Corps recently completed a feasibility study recommending
a number of environmental projects, including wetland creation,
stormwater management pond retrofits, and stream restoration at
13 sites in the basin. In addition, it is implementing several
environmental restoration projects under authority of section
1135 of the Water Resources Development Act (WRDA) of 1986, as
amended. Construction will start in mid-1995 for modification
to fish blockages and aquatic and terrestrial habitat improvements.
As part of its maintenance dredging program, the Corps participated
with the National Park Service in the restoration of Kenilworth
Marsh. Under section 404 of the Clean Water Act, as amended, the
Corps regulatory program governs discharges of dredged or fill
material into wetlands and other waters in the basin. Section
114 of the WRDA of 1992 authorizes a feasibility study to identify
and recommend measures to eliminate adverse impacts of federal
facilities on the Anacostia watershed, although the soonest this
study could be funded is in fiscal year (FY) 1996. Section 219(c)(1)
of the WRDA of 1992 authorizes technical, planning, and design
assistance for measures to alleviate the adverse effects on water
quality of stormwater discharges from federal facilities in the
Anacostia watershed. Discussions have been initiated with the
District of Columbia, the state of Maryland, and Prince Georges
and Montgomery Counties regarding this assistance.
Under the Clean Water Act, EPA regulates other discharges into
the river through the National Pollution Discharge Elimination
System of issuing permits. EPA also provides many of the grants
used by local governments in restoration activities and education
efforts. Most of these grants are under Clean Water Act authority
or through EPAs Chesapeake Bay Program. EPA and other federal
agencies, as well as the District of Columbia and the states of
Maryland, Virginia, and Pennsylvania, are signatories to Chesapeake
Bay Agreements in 1983 and 1987 to plan and implement restoration
of the Chesapeake Bay. Much of the work to restore the Anacostia
River basin has grown out of these agreements and the Chesapeake
Bay Program. In 1992, EPA submitted a report to Congress assessing
the extent to which Anacostia pollution was harming the Bays ecosystem,
and documenting current and future steps to restore the Anacostia
River through various agencies. EPA has also funded many efforts,
including planning studies, citizens education, and habitat restoration.
Landholdings and facilities. The federal government owns or operates
facilities on 15 percent of the land in the Anacostia basin
and has a significant impact on the health of the watershed. Most
public park land in the District of Columbia-including the banks
on both sides of the tidal Anacostia-is managed by the National
Park Service, giving the federal government an important stake
in restoration initiatives. Other federal agencies that manage
land or maintain facilities in the basin include the USDA Beltsville
Agriculture Research Center and the U.S. Department of Defense.
A number of them have implemented environmental restoration or
enhancement efforts.
Technical expertise and program assistance. Throughout the federal
government, there is technical expertise and programmatic interest
that can be useful in restoration efforts, augmenting the technical
capabilities of state and local agencies. Federal agencies that
may be able to provide technical expertise and assistance include
the Corps, Department of Defense, Forest Service, National Marine
Fisheries Service, Natural Resources Conservation Service (formerly
Soil Conservation Service), and U.S. Fish and Wildlife Service.
Other agencies that may be able to provide resources for specific
types of projects include the U.S. Department of Transportation
and National Civilian Conservation Corps.
The Federal Agencies Committee was established in 1984 to assist
federal agencies in complying with the original Chesapeake Bay
Agreement. It consists primarily of representatives of federal
agencies with missions or activities affecting the Bay, including
EPA, the National Oceanic and Atmospheric Administration (NOAA),
and various agencies of the Departments of the Interior, Agriculture,
and Transportation. The Federal Agencies Committee provides a
forum for information exchange among federal agencies on programs
that affect the Bay.
ISSUES AND CONCERNS
Interviewees expressed a variety of concerns regarding federal
involvement in the Anacostia restoration initiative. Although
issues discussed were interrelated, they can be organized into
the following general categories:
| Federal agency role |
| Regulatory programs and permits |
| Corps activities |
| Funding |
| Science and information |
| Public participation |
Federal Agency Role
How federal agencies manage their lands and facilities, and how
they address restoration problems and opportunities, are viewed
as measures of federal commitment to the restoration of the Anacostia,
and possibly to ecosystem restoration in general.
Stewardship. Some feel that federal agencies that manage land
in the watershed are not committed to stewardship responsibilities
or restoration goals. This perception is based on knowledge or
suspicion that federal facilities contribute to pollution or fail
to fund efforts to clean it up. The community reaction is, "If
the federal government doesnt care, why should we?" A lack
of appropriations to clean up pollution caused by federal agencies
is viewed as evidence that the federal government does not view
pollution as a serious problem.
EPA, through the Chesapeake Bay Program, has begun an assessment
of nutrient management problems on federal facilities to help
agencies identify specific restoration needs and opportunities
on their lands. Having this information will help federal agencies
understand the levels of effort needed for restoration projects
and provide them with justifications for budgeting the needed
funds. In addition, the Chesapeake Bay Agreement signed in July
1994 demonstrates a multiagency commitment to restoring the Anacostia
River watershed, and the development of a biennial workplan should
help build confidence in the federal commitment to restoration
efforts.
Vision. Key to a successful ecosystem approach in the Anacostia
watershed is a clear overall vision shared among all stakeholders.
Interviewees commented that the Anacostia Watershed Restoration
Committees Six-Point Action Plan provided a good initial framework
for action, but was not comprehensive enough in terms of planning,
coordinating, monitoring, and evaluating to provide a vision for
restoring the watershed. Federal agency participation on the Anacostia
Watershed Restoration Committee was not included until 1991; therefore,
federal perspectives may not be adequately represented in the
Action Plan. Early federal, state, and local agency participation
in setting goals is vital in getting agency managers and other
stakeholders to embrace a vision broad enough to realize restoration.
Long-term federal support, however, may help maintain the momentum
of restoration despite changes in local administrations.
Implementation of the vision is especially challenging when there
is no jurisdiction or agency with overall responsibility. Projects
are implemented by each jurisdiction independently, and support
for the overall vision is subject to changing priorities of jurisdictional
heads and administrations. Therefore, institutional structures
such as the Anacostia Watershed Restoration Committee and the
Metropolitan Washington Council of Governments are important in
formulating and coordinating regional plans. Comprehensive plans
are needed to steer local efforts so that a vision for the watershed
can be agreed upon and shared by all leaders, jurisdictions, and
agencies involved, as well by those responsible for implementing
projects.
Missions. Differences of opinion were expressed with regard to
agency missions. To some, federal agencies appeared too narrowly
constrained by their stated missions, ignoring opportunities to
participate in restoration efforts. For example, the National
Park Service was criticized for narrowly focusing on recreation
and resisting use of its land to restore the Kenilworth Marsh.
And the largest federal owner of land in the basin, the Agriculture
Research Center in Beltsville, conducts agricultural research
on its 7,000 acres, but failed-in the opinion of some interviewees-to
practice the ecosystem approach in a manner consistent with basin
restoration goals.
Coordination. Although federal programs and activities were praised
for supporting and facilitating basin restoration, there was repeated
criticism that federal restoration initiatives lacked coordination.
The Corps, as federal representative on the Anacostia Watershed
Restoration Committee, is charged with coordinating federal involvement
in Committee restoration efforts. One interviewee recommended
that the Corps establish a committee for coordinating federal
agencies to facilitate broader federal input into restoration
activities, particularly from agencies with land in the basin.
Another recommended that a member of this committee be assigned
to the Metropolitan Washington Council of Governments part-time.
The Technical Oversight Committee of the Anacostia Watershed Restoration
Committee discussed giving federal agencies other than the Corps
an observer role on the Committee, but this proposal was not adopted.
The July 1994 Chesapeake Bay Agreement reinforced the leadership
role of the Corps in coordinating federal agency efforts in support
of Anacostia restoration goals. Lack of budget authority has severely
limited the Corps ability to devote resources to coordination
efforts. After funding is received, the Corps can move forward
with this effort.
There appears to be a tension between, on the one hand, the desire
and need for coordinated federal expertise, participation, and
funding for the Anacostia restoration effort, and, on the other
hand, a fear that federal involvement could overwhelm or derail
local efforts. Some interviewees wanted more federal agencies
to participate in basin restoration activities, but not to dominate
the Anacostia Watershed Restoration Committee. Although the Federal
Agencies Committee has not specifically been involved with the
Anacostia restoration initiative, it considers the river a priority
tributary to the Bay, so in pursuing the Chesapeake Bay Program,
it may be able to facilitate improved federal input and coordination
for Anacostia Watershed Restoration Committee initiatives.
Regulatory Programs and Permits
Environmental restoration in the Anacostia basin affects resources
that are regulated for their protection by federal, state, and/or
local government agencies. An array of permits may be required
for implementation of a restoration project, including:
|
Interviewees commented that regulators appeared to be uninformed
about restoration projects and unfamiliar with the benefits to
be gained from them. For example, one local government agency
reportedly faced difficulty in obtaining section 404 permits from
the Corps for discharges of fill material into wetlands for the
purpose of environmental restoration. Interviewees called for
regulatory personnel at all levels to better understand the purpose
and benefits of environmental restoration projects so that permitting
does not conflict with regional restoration.
In the District of Columbia, most open spaces are federally owned,
and usually not available for mitigation when development projects
affect wetlands such that compensatory mitigation is required.
Other urbanized areas likely experience similar problems. However,
in the Corps Anacostia feasibility study and the section 404 regulatory
program, planning efforts were coordinated and regulatory mitigation
requirements were examined in light of restoration objectives.
A cooperative planning and regulatory mechanism might be developed
to streamline permitting for restoration efforts. Small restoration
projects, such as those in the upper drainage in Prince Georges
and Montgomery Counties, may not need the same level of review
as larger projects. In addition, projects that are more experimental
could be given special consideration and required to provide feedback
for future projects.
Army Corps of Engineers
The Corps was commended by state and local governments for identifying
and coordinating information on federal agency restoration initiatives.
But it was also criticized for not doing more.
Role on the Anacostia Watershed Restoration Committee. Several
interviewees commented that the Corps is restricted to activities
that have been specifically authorized and appropriated, and was
therefore slow to meet its obligations as federal representative
on the Anacostia Watershed Restoration Committee. Corps activities
are primarily funded by line item, and the relationship between
all activities and line items must be accounted for. Interviewees
thought that the Corps was not able to adequately perform its
federal coordination and outreach functions because there was
no appropriation for them.
The 1994 Chesapeake Bay Agreement assigned the Corps the lead
in developing "a coordinated biennial federal workplan beginning
in FY 1995, in concert with the Anacostia Watershed Restoration
Committee." This agreement states that federal agencies agree
to "give full support to the Anacostia River Demonstration
Project as an opportunity to apply ecosystem management concepts
in an urban environment." Funding has been requested in the
FY 1995 Corps budget to meet Corps obligations under the agreement,
specifically those pertaining to the Anacostia restoration project.
A workshop was held in September 1994 to initiate preliminary
coordination under the agreement.
Planning duration and costs. Several interviewees complained that
the Corps takes too long to plan and construct environmental restoration
projects, and that they cost too much. It took 4 years for
the Corps and local sponsors to agree to a cost-sharing arrangement
and to conduct the feasibility study for environmental restoration
efforts in the Anacostia River basin. It can take almost as many
years to obtain the congressional authorization and appropriation
needed to begin construction. Furthermore, the restoration initiative
is a major project with significant shared costs, and interviewees
often had the impression that the Corps put no more effort into
large-scale projects than into small-scale ones.
Policy requirements. Some interviewees complained that the Corps
will not approve a project unless it provides monetary benefits,
and that this policy hinders environmental restoration. These
complaints point to confusion regarding Corps policy on environmental
restoration projects. Unlike plans in other benefit categories,
plans for environmental restoration projects are not required
to contribute to economic development under the National Economic
Development plan. Environmental restoration projects are justified
through description and evaluation of net benefits from the recommended
plan, using monetary and nonmonetary units of measurement, as
appropriate. Although benefits from environmental restoration
projects are difficult to measure in monetary terms, their cost-effectiveness
must be evaluated and justification for them provided. Still,
there is no requirement that environmental benefits be expressed
in dollars, or that a benefit-cost ratio be used to justify environmental
restoration projects.
Environmental mission. Distinctions between Corps water resources
planning and Corps regulatory roles in broader watershed restoration
efforts were confusing to interviewees. Some complained that the
Corps focuses its efforts on "individual project studies,
as opposed to applying its capabilities to broader watershed restoration
needs and opportunities." The Corps water resources development
program (which includes environmental restoration projects, such
as those proposed in the Corps Anacostia feasibility study) appeared
to interviewees to be totally separate from the section 404 regulatory
program. Nonfederal interviewees thought that there was no programmatic
relationship between decisions made on section 404 permit applications
and the Corps study and planning process.
Several interviewees also complained that the Corps environmental
restoration mission is restricted to habitat and requires linkage
to existing projects. Although hydrology and water quality are
critical to habitat, the Corps has not used these parameters in
defining fish and wildlife habitat, and in positing habitat restoration
as a project purpose. Moreover, the Corps requires a link between
environmental projects and existing flood control and navigation
projects, making it difficult for it to participate in basinwide
restoration studies.
Corps policy is evolving to allow participation in environmental
projects that are not linked to existing projects, and to allow
greater participation in basinwide restoration studies. In developing
its new policy, the Corps is taking an ecosystem approach to restoration
and management, as well as to water resources development. In
its environmental restoration studies, the Corps will address
not only habitat, but also the structural components of ecosystems
(such as hydrologic functions and water quality).
Section 22 authority. Interviewees commented that alternative
applications of the Corps authority under section 22 of the Water
Resources Development Act of 1974 (comprehensive planning cooperation
and assistance to states) could be explored to identify more opportunities
for the Corps to support efforts to implement the ecosystem approach.
Funding
Interviewees expressed a variety of concerns about funding the
Anacostia restoration initiative, from federal grant availability
to interagency cost sharing.
Grant availability. Several interviewees commented that state
and local governments are not always able to take advantage of
federal grants because they are unaware of them. They recommended
establishing a federal clearinghouse to inform state and local
governments of federal grants and other programs for environmental
restoration.
Grant scope. Grants tend to be too limited in scope to address
the restoration needs of regional watersheds like the Anacostia.
Typically, EPA grants and other forms of financial assistance
for ecosystem restoration are tied to specific environmental media,
confounding the process of restoring multiple components of ecosystems.
Moreover, grants are awarded to individual states, making it difficult
to plan regional restoration activities unless all affected states
receive grants for the same purpose at the same time. Finally,
grants for site-specific restoration projects tend to address
symptoms rather than root causes. For example, unregulated discharges,
such as nonpoint source runoff, pose recurring problems that cannot
be eliminated through site restoration efforts.
Matching fund requirements. A number of local entities recommended
the elimination of the matching fund requirement for many frequently
used grants, especially for ongoing projects. Financially strapped
communities may be forced to terminate worthy restoration projects
if they can no longer match federal funds. This happened to numerous
projects identified as near-term priorities in the Anacostia Watershed
Restoration Committees Blueprint for the Restoration of the Anacostia
Watershed. One interviewee suggested the possibility of in-kind
matching.
Project operation and maintenance. State and local governments
noted that even if they are able to develop environmental restoration
projects, they often lack the funds to operate and maintain them.
For example, the District of Columbia has 26,000 stormwater
catch basins designed to reduce the amount of trash in the river.
Unfortunately, the District does not have the funds to keep them
free of floating debris and maintain them on a regular basis.
Moreover, because many restoration projects involve novel techniques,
it is difficult to forecast how much funding will be necessary
to maintain them.
Interagency cost sharing. The Chesapeake Bay Program provides
for interagency funding of restoration projects throughout the
region, including the Anacostia River basin. However, few Anacostia
projects have taken advantage of this. Several reasons were given
by those surveyed: federal agencies have higher priority projects;
federal involvement in Anacostia restoration projects is smaller
than elsewhere; and there is a lack of awareness of the need for
interagency funding of Anacostia projects.
District of Columbia special status. Under the Coastal Zone Management
Act of 1972, 16 U.S.C. §§ 1451 et seq., the Secretary
of Commerce may make annual grants to coastal states for the purpose
of developing and/or administering a management plan for the land
and water resources in their coastal zones. Because the District
of Columbia is not considered a state for purposes of the Coastal
Zone Management Act, the District is not eligible for these grants.
District representatives identified this as an impediment to their
environmental restoration efforts.
Public Participation
Most public participation efforts are managed and implemented
by state and local governments, with assistance from the Metropolitan
Washington Council of Governments and the Interstate Commission
on the Potomac River Basin. Federal agencies implementing projects
in the basin, such as the Corps or the National Park Service,
have also initiated public participation efforts in the basin.
EPA has, and continues to support, a number of public outreach
efforts through grants and other funds.
Types. Public participation associated with the Anacostia watershed
restoration falls into two general categories: public education
and outreach, and public involvement.
Public education. A number of interviewees commented that public
education was crucial to restoration efforts because it generates
a constituency aware of and informed about resources and projects.
Cultivation of local support and enthusiasm will go a long way
toward maintaining projects and ensuring funding, particularly
in the long term.
Public education and outreach programs in the Anacostia watershed
are numerous, with cooperative and independent efforts undertaken
by Prince Georges County, Montgomery County, the state of Maryland,
the Interstate Commission on the Potomac River Basin, and the
District of Columbia. These programs are designed to target not
only the general public, but also the legislators and government
agencies in the watershed.
Over the years, the focus of public outreach initiatives has changed
with the priorities of restoration programs. Many early restoration
efforts in the Chesapeake Bay Program focused on discharge cleanup
rather than prevention, and on agricultural pollution sources.
Currently, more emphasis is placed on urban and suburban land
use within the watershed, and on lifestyle changes that complement
restoration objectives. Public outreach efforts in the Anacostia
basin must address these issues.
*****
Examples of Public Education and Outreach Techniques Used in the
Anacostia Watershed General public education:
School-based programs:
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Public Involvement Activities in the Anacostia Watershed
× Small groups organize stream
restoration efforts, such as cleanups, tree planting, and stream
walks. Canoe and boat rides on the Anacostia contribute to public
understanding and appreciation of the river.
× The Municipal Washington Council
of Governments, with the support of other agencies, has developed
a Small-Habitat Improvement Program for implementation by citizen
volunteers. More than 30 small-scale projects have been completed.
× Crews from the Maryland Conservation
Corps have removed more than 50 tons of scrap metal and debris
from lower Beaverdam Creek, along with more than 20 tons of tires,
leaking containers, and other debris.
× Under education guidelines established
by the National Pollution Discharge Elimination System, the Montgomery
County Department of Environmental Protection (DEP) sponsors a
volunteer monitoring program that encourages monitoring of county
streams by both citizens and schools and conducts a water quality
education program for citizens. School curricula are being developed
to connect environmental field activities with school-based science,
and students on Stream Teams monitor streams and participate in
restoration. The DEP coordinates the Stream Teams with the Audubon
Naturalist Societys citizen monitoring program. All volunteer
data is submitted annually to DEP in the form of watershed reports.
Volunteers interact with and provide input to the countys stream
monitoring program.
× A coalition calling itself the
Lower Beaverdam Task Force has established the Palmer Park Initiative
on Lower Beaverdam Creek. Monthly meetings produced the following
key accomplishments in the first 2 years:
Public involvement. The public often takes an active role in restoration
efforts, either through hands-on participation in projects (sometimes
called volunteer projects), or by providing input into planning
and decision-making processes. Activities with public participation,
including monitoring, tree planting, trash cleanup, wetland restoration,
and small habitat improvement, are sponsored by the Metropolitan
Washington Council of Governments, state and local governments,
the Interstate Commission on the Potomac River Basin, and environmental
and other NGOs. Public involvement in the Anacostia initiative
has ranged from developing visions for local restoration projects
to presentations on final project plans.
The Anacostia Watershed Restoration Committees Six-Point Action
Plan for restructuring the Anacostia River watershed included
public education, outreach, and participation. But in May 1994,
the Committee drafted a more detailed "Strategic Plan Proposal
for Anacostia Restoration Outreach" to specifically address
public education and participation. The Plan called for:
Establishment of a citizens council is planned, as a formal mechanism
for providing advice and guidance to the Anacostia Watershed Restoration
Committee and to increase opportunities for citizen involvement
in, and stewardship of, projects in the watershed.
Concerns. Interviewees raised various concerns regarding public
involvement in the Anacostia restoration initiative and offered
suggestions for dealing with them.
Public input. Although several programs involve the public in
restoration initiatives through volunteer efforts, public involvement
in planning and decision making appears to be less prevalent.
Some interviewees complained that agencies do no more than inform
the public of decisions made, and do not seek public input into
the decision-making process from the outset. Presentations that
notify citizens of efforts planned or underway constitute public
information rather than public involvement.
Federal interviewees reported that efforts to involve the public
in a study or process often meet with an apparent lack of interest
that they find frustrating, particularly when opposition then
suddenly arises late in the process. Agencies find it difficult
to know when to present information to the public and how much
to present, because seeking input at early conceptual stages or
for regional studies often fails to stimulate public interest.
Although public input has been more vigorous on local projects,
interest often remains relatively slight, yet presentation of
a fully developed project makes the public feel left out of the
process.
Interviewees complained that public participation efforts were
poorly conceived. For example, public meetings are ineffective
unless the audience and information presented are appropriate;
often, insufficient effort is made to identify all stakeholders
and public interests and to include them in the decision-making
process. This requires considerable planning and research, which
has not always been forthcoming.
It was suggested that public forums be designed for exchanging
information and providing public input to studies or analyses.
Interviewees emphasized that public participation must be institutionalized
in order to ensure that it is continuous rather than a reaction
to ad hoc proposals. Moreover, agencies should determine what
the public expects from restoration efforts and be more specific
as to what they, for their part, expect from the public. Defining
these roles and expectations can help in development of consensus
with regard to goals, objectives, and strategies among the agencies,
the public, and stakeholders.
Low-income community involvement. Interviewees reported that little
effort was made to involve the watersheds low-income communities
in the restoration effort. Newsletters from the Interstate Commission
on the Potomac River Basin, for example, were viewed as designed
for more highly educated audiences. Interviewees noted that the
low-income, largely minority neighborhoods in which many projects
are located face pressing problems of homelessness, unemployment,
and crime that compete with environmental issues for the attention
of community members. According to a 1992 EPA study, "Community
policing in Prince Georges County has revealed the degree of community
concern for the amount of litter in low-income neighborhoods.
Cleaner communities have been linked to greater self-esteem, and
this is likely associated with environmental stewardship, a goal
of the Anacostias restoration and protection program."
Studies conducted over the past 15 years have found that minority
and low-income communities have a disproportionate share of the
nations environmental problems. In February 1994, President Clinton
signed Executive Order 12898 ("Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income Populations")
directing federal agencies to make environmental justice a part
of their missions. The order was designed to focus federal attention
on environmental and human health conditions in minority and low-income
communities, and to promote nondiscrimination in federal programs
that substantially affect human health and the environment. It
was also intended to provide these communities with access to
public information on, and an opportunity for public participation
in, matters relating to human health or the environment (section
5-5 of Executive Order 12898).
A suggestion was made that agencies provide employment to Anacostia
watershed residents or opportunities for local volunteers to participate
in restoration projects and other efforts. Because of contracting
constraints, the Corps did not follow this suggestion in restoring
Kenilworth Marsh. One interviewee remarked that "the Corps
missed an opportunity not only to make the local community feel
like a stakeholder in the marsh, but also to invest in people
who live around the marsh, an area of high unemployment."
Technical jargon. Several interviewees commented that communities
need help understanding technical documents so that they can comment
on them. Complicated documents such as Environmental Impact Studies
are often complex and contain technical jargon. "If agencies
value intelligent community feedback," one interviewee said,
"they should make an effort to translate such documents into
plain language." Agencies might create forums to explain
documents and provide expert advice and counsel, perhaps through
technical grant programs.
Program complexity. It is often difficult for the public to understand
the variety of programs and agencies involved in restoration activities.
Moreover, it is difficult for citizens to attend multiple meetings
that address small components of the restoration effort (such
as wetlands restoration or tree planting). A more coordinated
approach for communicating with the public on projects involving
interrelated programs would be helpful.
Local government representatives stated that clarification of
public outreach requirements for federal programs and guidance
on how to implement them would be useful. Local governments are
not sure how to meet the requirements and would like suggestions
on how to do so.
Because ecosystem restoration efforts involve multiple agencies
and jurisdictions, joint development of public information tools
and presentations covering a range of topical areas (e.g., basic
science and technical information, the impact of lifestyle on
the environment, and how citizens can help) was recommended. Expenses
could be shared among agencies, and consistency of the materials
developed would be assured through a joint effort.
Interviewee suggestions. According to interviewees, effective public participation depends on:
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Science and Information
Interviewees identified various science-related issues concerning
the Anacostia basin restoration initiative, ranging from information
access to the need for adaptive management.
Information access and management. The Corps, EPA, Fish and Wildlife
Service, NOAA, National Park Service, USDA, U.S. Department of
the Interior, and U.S. Geological Survey all have responsibilities
for developing science in areas that could be relevant to the
Anacostia restoration effort. Often, relevant information is developed
across several agency programs. But many nonfederal interviewees
complained that it was difficult to locate scientific and technical
expertise in federal agencies or academia. Interviewees from technical
groups feared having to "reinvent the wheel" for lack
of opportunities to learn from the experience of other urban restoration
and nonpoint source pollution management efforts. Scientific problems
and technical difficulties encountered on Anacostia restoration
projects must be similar, interviewees felt, to problems in other
northeastern urban watersheds. But they were unaware of any centralized
information on urban ecosystem restoration initiatives or any
ready means to access it.
Interviewees recommended establishing a central location for information
on restoration activities, such as best management practices,
technological advances, resolution of conflicting issues, and
successes and failures in similar efforts by agencies around the
country. It was suggested that federal agencies, such as the Corps
and EPA, could facilitate sharing this information.
One interviewee suggested establishing a hotline for information
on restoration activities in the Anacostia watershed and how one
can get involved. Another suggested a hotline for reporting environmental
problems in the watershed.
Information and technology needs. The Technical Oversight Committee
of the Anacostia Watershed Restoration Committee identified a
lack of technical information on effective riparian restoration
techniques, and a lack of design criteria for stream restoration
and stormwater retrofit projects. The Technical Oversight Committee
looks to federal agencies for help in some of these technical
areas.
Information on how to properly deal with contaminated sediments
and on the fate of contaminants (from contaminated sediments)
in the food chain is also lacking. Technical expertise on whether
and how the sediments can or should be cleaned up is needed. Interviewees
commented that federal agencies have expertise in dealing with
toxic sediments and should be able to help with contaminants in
the Anacostia. Assistance is needed in quantifying the extent
of the problem and identifying "hot spots" and alternative
solutions.
A better foundation for the science of the ecosystem approach
is needed. This basic research is beyond most local government
capabilities in the basin and requires collaboration among agencies.
In addition, there is no complete inventory of flora and fauna
for the Anacostia watershed, and it was suggested that perhaps
federal agencies could assist in developing an ecosystem-based
inventory for evaluating resources and assessing management and
restoration options. Ideally, this would include systems information,
such as hydrology, geology, and meteorology. Several interviewees
commented that the many universities and colleges in the region
could contribute to the basic research and expertise needed in
the Anacostia restoration effort.
Not all areas of the Anacostia watershed are ecologically "equal."
The identification of particular areas of rich biodiversity, as
well as highly threatened areas, is needed to help in prioritizing
and evaluating restoration efforts.
Because human impacts on the ecosystem will continue, technology
to better mitigate the impacts of land uses is needed. Green technologies
(e.g., reuse of stormwater) and low-impact technologies for development
and other land uses are needed.
Technology is needed to control and manage nonpoint source pollution,
in particular the financing of research and development of technology
to address combined sewer overflows. A comment was made that local
governments, especially the east coast cities that have combined
sewer overflows, cannot afford to remove and replace them. Several
interviewees representing local jurisdictions requested that the
EPA and other federal agencies look into the possibility of providing
assistance.
The Anacostia Blueprint for the Restoration of the Anacostia Watershed
was described by some as a scattered "shotgun" approach,
although they acknowledged that it was an essential first step
in developing a better understanding of the problems in the basin
and what it will take to clean them up. Initially, most projects
were approached as equally important, with priorities set according
to logistical, political, or institutional expediency rather than
on a purely scientific basis. However, with its growing understanding
that more information on ecological relationships and processes
is needed, the Technical Oversight Committee acknowledges a need
for more prioritization-in terms of both time and space.
One interviewee suggested that federal agencies could form watershed
"SWAT teams" to assist local governments in developing
ecosystem approaches and to provide information, technology, and
resources.
The development by the Technical Oversight Committee of "ecological
indicators" of ecosystem improvement will help in assessing
project effectiveness and in setting priorities. Because there
is no clear endpoint toward which ongoing efforts are headed,
it will be hard to know whether they succeed (as many interviewees
pointed out). However, the development of indicators of water
quality, habitat, anadromous fish, wetlands, and forest health
provides important qualitative tools to assist in monitoring the
success of the Anacostia restoration.
Several new federal efforts may help to address deficiencies in
information and technology for ecosystem restoration. The President
has recently established a National Science and Technology Council
to coordinate the federal research effort. Through two subcommittees
of the Committee on Environment and Natural Resources, research
will be coordinated on species sensitivity to environmental change,
on restoration and translocation technology, and on the design
and effectiveness of protective buffer zones. As part of these
efforts, agencies are inventorying, collecting, and assessing
existing data sets for a range of environmental and natural resource
issues. The working group of the Committee on the Environment
and Natural Resources might consider using the Anacostia as a
regional pilot for aggregating such data and identifying gaps.
One interviewee suggested that the Anacostia be identified as
an urban watershed restoration demonstration in the Chesapeake
Bay Program, for demonstrating technologies and receiving increased
support from the Chesapeake Research Consortium to address scientific
problems.
Analytical tools. Several interviewees commented that the lack
of a comprehensive watershed analysis or modeling effort for the
Anacostia has limited the broader understanding of the scope,
priorities, and effectiveness of restoration in the watershed.
It was pointed out that both the Potomac River and Chesapeake
Bay cleanup efforts benefited from early modeling exercises to
help identify and prioritize regional problems as well as identify
possible solutions. But it was also emphasized that continued
administrative and public support for restoration initiatives
requires the visibility of "on-the-ground projects."
There is greater political and public appreciation for completed
projects than for studies and computer models. If funding and
time are limited, it may be best to move toward implementation
in order to help assure continued interest and support. Surrogate
(or "quick and dirty") assessment techniques are needed.
Analytical techniques are needed to assess the relationship between
ecosystem structure and function, and to find ways to measure
improvement and the effectiveness of restoration projects. Specifically,
improved understanding is needed of how changes in hydrology relate
to changes in water quality and biology in order to better measure
the effectiveness of restoration projects.
Improved access to geographic information systems would be helpful
in planning and decision making. A geographic information system
would provide the ability to synthesize existing scientific data
with those currently being collected throughout the basin. Data
from an extensive monitoring program for the watershed, the Coordinated
Anacostia Monitoring Program, are used to develop annual reports
and to support planning, decision making, and other research endeavors.
This program provides one type of information that could be included
in a geographic information system.
Remote sensing data could prove useful to the restoration effort
by providing detailed information about land cover, gradients,
water turbidity, and topography. Knowledge of the Landsat data
sets available as well as their scales and costs would be helpful.
Adaptive management. Several interviewees noted that because of
the scientific and technological uncertainties associated with
ecosystem restoration, many restoration efforts are based on intuition.
As more is learned about ecosystem structure and processes and
about the effectiveness of restoration measures, adjustments to
decisions or projects need to be made. Changes in social values
and preferences may also demand that future efforts be carried
out differently.
Because the sum effect of individual restoration projects is unknown,
it is important to monitor the effects of projects underway. In
lieu of predictive modeling, this kind of "learn as you go"
approach (known as "adaptive management") is seen as
the best way to implement an integrated ecosystem approach.
Interviewees noted that it was difficult to obtain monies required
for long-term monitoring, although monitoring is essential to
measure the effectiveness of project measures and rationale. Information
derived from monitoring can be used to make midpoint corrections
in accordance with adaptive management.
CONCLUSIONS AND RECOMMENDATIONS
Based on its study of the Anacostia restoration initiative, and
on concerns raised and suggestions made by interviewees, the study
team developed recommendations on the ecosystem approach in general,
and in areas of concern addressed by interviewees: the role of
federal agencies in the Anacostia restoration initiative; regulatory
programs and permits; funding; public participation; and science
and information.
Ecosystem Approach
The ecosystem approach is defined in volume 1 of this series (Interagency
Ecosystem Management Task Force 1995) as "a method for sustaining
or restoring natural systems and their functions and values. It
is goal-driven, and it is based on a collaboratively developed
vision of desired future ecosystem conditions that integrates
ecological, economic, and social factors." The Anacostia
River Watershed Restoration initiative implements several key
components of the ecosystem approach, including:
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Other ecosystem approach initiatives should consider incorporating
these or similar elements into their programs.
Integral to a successful ecosystem approach is a vision shared
among leaders of agencies and organizations involved in restoration
efforts. For the Anacostia initiative, the Anacostia Watershed
Restoration Committees Six-Point Action Plan serves this purpose,
outlining a common vision. Statements of vision must be living
documents, flexible enough to accommodate evolving priorities
and new scientific knowledge. In order to realize the vision,
all stakeholders must ascribe to common goals, understanding and
acknowledging their respective responsibilities.
Goals of the ecosystem approach can be incorporated synergistically
into local and regional planning, taking advantage of the complementary
competencies and capabilities of agencies at each level. In keeping
with basinwide restoration goals, one of the jurisdictions in
the Anacostia watershed created a development plan designed to
buffer streams. For the past 28 years, development has progressed
according to the plan: commercial, industrial, and heavy residential
land uses have been confined to transportation corridors extending
outward from the metropolitan area. In addition, measures for
controlling stormwater from new community development form the
basis for protecting the watershed from future urbanization.
A forum is essential for establishing goals, resolving differences,
and deciding priorities. For the Anacostia initiative, the Anacostia
Watershed Restoration Committee has this function on the state
and local level. An additional forum is needed on the technical
and working level to focus and coordinate various study and implementation
efforts and concerns. For the Anacostia initiative, the Metropolitan
Washington Council of Governments plays this role, serving as
technical arm of the Anacostia Watershed Restoration Committee
and helping to coordinate efforts among various jurisdictions
that might otherwise be at odds. The Council also helps to assure
continuity and maintain momentum when there are changes in local
administrations.
Federal Agency Role
Many federal agencies have programs that affect any given ecosystem,
and an ecosystem approach provides a means for integrating diverse
federal activities to ensure that they reinforce rather than conflict
with one another. Even agencies responsible for programs and facilities
not specifically related to natural resources (such as housing
or transportation) should develop and manage their programs in
a way consistent with sustainable ecosystem objectives.
In observing their legislative mandates, federal agencies should
be flexible enough to contribute to the ecosystem approach. Although
agency missions are codified by federal statute, their interpretation
usually provides leeway for agencies to support other congressional
and Administration priorities and policies. Had federal agencies
quickly joined restoration efforts as stakeholders in the Anacostia
watershed initiative, playing a more active role in developing
the restoration vision, there might have been less initial reluctance
on the part of federal staff to work with the Anacostia Watershed
Restoration Committee on restoration projects on federal lands.
Restoring a site may not be worthwhile if its degradation has
not been eliminated or at least curtailed: the source of the problem
must be addressed before a site-specific restoration project gets
underway. This makes it virtually impossible for a single agency
to solve all restoration problems. Interagency coordination is
vital to the success of almost any restoration effort.
Regulatory Programs and Permits
Regulatory programs should be tied more closely to planning efforts
for the Anacostia basin. Planning should take permitting concerns
into account, and permitting should reinforce planning goals.
This would improve the quality of permit decisions and avoid regulatory
conflict with basinwide goals. Federal regulators should be more
aware of, and responsive to, broad planning goals established
by various jurisdictions in regions in which they are active.
In this way, permitting can help reinforce and support objectives
established during planning.
Implementation of restoration projects requires flexibility and
coordinated support from the regulatory community. Permit writers
might assist in restoration projects through mitigation, offset,
or waiver conditions. Mandated monitoring through permits can
contribute to the information base (by providing information,
for example, on specific discharges from regulated facilities).
Improved information makes for better planning decisions, which
in turn can be used to establish more realistic regulations.
Innovative means for satisfying compensatory mitigation requirements
for urban areas should be explored by the federal agencies most
closely involved with mitigation review and approval. Federal
agencies could make suggestions in this regard, providing technical
or procedural guidance.
Funding
A nationwide clearinghouse could be developed to help states and
local jurisdictions identify grants and other funding available
from federal agencies for environmental restoration projects.
The clearinghouse could help state and local entities find funding
for specific types or combinations of ecosystem approaches, watershed
restoration, and pollution cleanup, and it might help identify
areas where funding is lacking or redundant.
Block grants for broad restoration projects could be proposed
where appropriate. Recurring problems that contribute to degradation
but are difficult to eliminate could be examined more closely,
and agencies responsible for regulating or otherwise addressing
these problems could take or recommend appropriate action.
Where time and funding are constrained, local entities have found
it advantageous to implement well-conceived projects rather than
to wait for finalization of a comprehensive plan or model. Continued
administrative and public support for the Anacostia restoration
initiative requires visible results, particularly in view of stiff
competition for limited state and county resources. On the local
level, political and public appreciation is greater for completed
projects than for studies and computer models. It may be similar
for regional federal initiatives.
Public Participation
Public education, outreach, and participation are vital to the
success of restoration initiatives and should be less ad hoc and
intuitive. Instead, these efforts should be thoughtfully planned,
and federal, state, and local agencies and entities should collaborate
in developing a plan for them. Suggestions made by interviewees
for effective public participation should be considered in developing
this program, and specialists with hands-on experience in dealing
with public participation problems and approaches should participate
in its development. At the same time, experts in other disciplines,
such as scientists, engineers, and project managers, should understand
the need for an effective and productive public participation
program, and an awareness of what it takes to conduct one.
Agencies must allocate the resources needed to develop and implement
an effective public participation program, and because such programs
take time to develop and mature, long-term resources must be committed.
Public awareness and trust built over the course of one project
can serve as the basis for an effective public participation program
for other projects in the same region.
Public meetings can be useful in providing public input, but not
every project manager is adept at facilitating public meetings.
A trained facilitator should conduct such meetings, one who can
focus discussion and maintain continuity. Mailing, phone, and
contact lists must be maintained and updated. Methods used to
generate interest and seek input should be tailored to the intended
audience and the purposes of the outreach effort.
President Clintons Executive Order 12898 on environmental justice
directs federal agencies to ensure that "public documents,
notices, and hearings relating to human health or the environment
are concise, understandable, and readily accessible." Federal
agencies are directed to translate these documents "for limited-English-speaking
populations," where practicable and appropriate. Accordingly,
federal agencies should provide minority and low-income populations
in the Anacostia basin with readily accessible, understandable
information about their environment, enabling them to participate
in shaping government policies that affect the health of their
communities. Because the immigrant population in the Anacostia
basin is large and growing, translations of advisories on fish
consumption may be appropriate.
Science and Information
Technology is needed to minimize the impact of human uses and
lifestyles on the natural environment. Green and low-impact technologies
are being developed to recycle stormwater, for example, or to
reduce the environmental impact of construction. Incentives to
develop and use these technologies and to make supporting lifestyle
changes could be provided by federal agencies.
The Anacostia restoration effort is applying successful agricultural
programs for nutrient management to urban areas. This will benefit
the Chesapeake Bay Program, and other urban areas may profit by
employing similar techniques.
Planning for ecosystem restoration projects should incorporate
principles of adaptive management. Where appropriate, decision
making should allow for sequential adjustments in response to
new insights and scientific understanding. Obstacles to adaptive
management-such as budget processes and management schedules that
cannot accommodate adjustments based on new insights, or technical
uncertainties that make cost estimation and project planning difficult-should
be identified and carefully examined.
Federal agencies could support locally driven efforts to implement
the ecosystem approach by providing easier access to tools and
information on natural resources and activities. Agencies might
provide:
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Evaluating the Social and Economic Aspects of the Ecosystem Approach
By definition, the ecosystem approach takes social and economic
factors into account, along with ecological considerations. In
retrospect, this study was weak in assessing social and economic
aspects of the Anacostia restoration initiative. Although some
of these aspects were considered in connection with programs overseen
by elected officials and with public participation and outreach
efforts, little in-depth analysis was done explicitly on these
issues. Future ecosystem evaluation initiatives might develop
ways of assessing information related to sustainable economic
development and other social and economic aspects of the ecosystem
approach.
SELECTED DOCUMENTS REVIEWED
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African-American Environmentalist Association; National Association
of Neighborhoods; National Wildlife Federation. June 1994. Our
Unfair Share: A Survey of Pollution Sources in Our Nations Capital.
Agreement of Federal Agencies on Ecosystem Management in the Chesapeake
Bay. 14 July 1994.
Anacostia Watershed Society, Robert Boone, Director. 29 July
1994. Reinventing Ecosystem Management in the Anacostia Watershed.
Chesapeake Bay Program. 9 July 1992. The Restoration of the Anacostia
River: The Report to Congress.
District of Columbia Water Resources Research Center; the University
of the District of Columbia. July 1994. "List of Professional
Papers on the Anacostia River, 1981-1994."
Interstate Commission on the Potomac Basin. January 1988. Anacostia:
The Other River.
Interstate Commission on the Potomac River Basin. 27 May
1994. Report on the Potomac River Watershed Visions Project (draft).
Interstate Commission on the Potomac River Basin. No date. Restoring
the Anacostia. Information Packet.
Metropolitan Washington Council of Governments, Department of
Environmental Programs. August 1990. The State of the Anacostia.
1989 Status Report.
Metropolitan Washington Council of Governments, Anacostia Restoration
Team, Department of Environmental Programs. 1991. Watershed Restoration
Source Book.
Metropolitan Washington Council of Governments, Anacostia Restoration
Team. November 1991. A Commitment to Restore Our Home River: A
Six-Point Action Plan to Restore the Anacostia River.
Metropolitan Washington Council of Governments, Department of
Environmental Programs, Anacostia Restoration Team. 1992. A Blueprint
for the Restoration of the Anacostia Watershed (draft).
Metropolitan Washington Council of Governments. September 1993.
Anacostia Watershed Restoration Directory (1993).
Metropolitan Washington Council of Governments. 17 December
1993. Status of Progress in Meeting the Six Goals of the Action
Plan.
Montgomery County Department of Environmental Protection, Division
of Water Resource Management. No date. Montgomery County Stream
Teams. Information Packet.
National Park Service. July 1994. Chesapeake Bay Action Agenda.
U.S. Army Corps of Engineers. February 1994. Anacostia Federal
Environmental Restoration Report.
U.S. Army Corps of Engineers, Baltimore District. May 1994. Anacostia
Tributaries, District of Columbia and Maryland, Integrated Feasibility
Study and Draft Environmental Impact Statement.
U.S. Army Corps of Engineers, Baltimore District. 7 July 1994.
"Fact Sheet on Corps Actions for Environmental Restoration
of the Anacostia River Basin."
U.S. Army Corps of Engineers, Baltimore District. 1994. Anacostia
River Watershed. Overview Paper. |
Approximately 70 projects named in the Metropolitan Washington
Council of Governments "Blueprint for the Restoration of
the Anacostia Watershed" are located on federal lands. These
projects have been proposed by the Council for implementation,
although they are not necessarily sponsored or supported by the
affected federal agencies. The U.S. Army Corps of Engineers "Anacostia
Federal Environmental Restoration Report" of February 1994
contains a preliminary assessment of these projects, summarized
below by federal agency.
Army Corps of Engineers
The Corps has been actively involved with local sponsors in the
study and construction of several environmental restoration projects
in the Anacostia River basin. This involvement is made possible
through specific study authorities, section 1135 of the Water
Resources Development Act of 1986, Beneficial Uses of Dredged
Material, Support for Others Program, and the Clean Water Act
section 404 regulatory program. Most of these authorities
require a nonfederal cost-share of 25 percent of implementation
costs. All operation and maintenance costs are borne by the nonfederal
sponsor.
Specific study authority. In 1988, Congress directed the Corps
to undertake a reconnaissance study of the Anacostia watershed.
The study was designed (1) to review water-resource-related
problems in the basin, (2) to develop and evaluate plans
to address these problems, (3) to demonstrate whether there
was a federal and nonfederal interest in proceeding into a feasibility
phase, and (4) to estimate the cost of conducting the feasibility
phase. Completed in December 1990, the study identified ways to
restore lost fish and wildlife habitat, eliminate in-stream barriers
to fish migration, restore and create wetlands, revegetate streambanks,
and modify stream channels.
A cost-shared feasibility study was initiated in January 1992.
The six nonfederal sponsors for the study are: Prince Georges
County; Montgomery County; the District of Columbia; the Metropolitan
Washington Council of Governments; the Interstate Commission on
the Potomac River Basin; and the state of Maryland. Initially,
120 sites were considered for restoration. Through a preliminary
site-screening process, 13 sites were identified and considered
for formulation and evaluation of alternatives. The projects include,
among other things, wetland creation and restoration, stream restoration,
and stormwater retrofit construction. The Corps plans to seek
authorization for these 13 projects in the Water Resources Development
Act of 1994. Construction of these projects is expected to commence
in 1997, and will proceed on a cost-share basis (75 percent federal
and 25 percent nonfederal).
Section 1135. Section 1135 of the Water Resources Development
Act of 1986, as amended, authorizes structural or operational
modifications to existing Corps projects for purposes of improving
the environment. Through the Continuing Authorities Program, section
1135 provides yearly appropriations for a number of smaller scale
environmental efforts. In the Anacostia River basin, projects
are cost shared (75 percent federal, 25 percent nonfederal). Two
modification reports have been completed under this authority,
recommending removal of three fish passage barriers and habitat
restoration in the basin.
Beneficial use of dredged material. The material collected by
the Corps in normal maintenance dredging operations can often
be used beneficially. The restoration of Kenilworth Marsh is one
such effort, identified during coordination of normal dredging
in 1992. The Corps, U.S. Fish and Wildlife Service, National Park
Service, and other agencies discussed the opportunity for this
restoration. A comparative assessment of using the material for
Kenilworth Marsh versus depositing it at an upland site concluded
that the environmental benefits of restoring 32 acres of wetlands
and the reduced costs of maintenance dredging justified disposal
of the dredged material at Kenilworth Marsh. A formal authority
for these efforts was provided by section 204 of the Water Resources
Development Act of 1994, which authorizes the restoration or creation
of wetlands in connection with dredging for construction, operation,
or maintenance of authorized navigation projects, provided that
the environmental, economic, and social benefits of the project,
both monetary and nonmonetary, justify the costs.
Support for Others Program. This program allows the Corps to utilize
its technical expertise in accomplishing civil, military, or environmental
engineering projects for federal, state, and local agencies outside
of the U.S. Department of Defense on a cost-reimbursable basis.
Through this program, the Corps and National Park Service signed
a Memorandum of Agreement to provide technical support for the
seawall rehabilitation project in the District of Columbia. Under
the Memorandum, the Corps has accomplished investigations of seawall
foundation conditions and prepared preliminary designs and plans
for rehabilitating some portions of the seawall.
Section 404 regulatory program. Section 301 of the Clean Water
Act prohibits the discharge of dredged or fill material into U.S.
waters. As part of the section 404 program, the Corps reviews
applications for and issues permits for discharges of dredged
or fill material by other agencies and the private sector into
waters, including wetlands. In evaluating applications, the Corps
considers the need for the activity as well as extent and duration
of its adverse effects, its extent and possible alternatives to
it, and its impact on fish and wildlife, water quality, flooding,
recreation, historical and cultural values, and other factors.
Federal agency ecosystem approach in the Chesapeake Bay. On 17
July 1994, representatives of federal agencies and state and local
governments signed an agreement to manage the Chesapeake Bay watershed
as a cohesive ecosystem, and to work together to achieve the goals
of the Chesapeake Bay Agreement. Signatories agreed to support
"the Anacostia River Demonstration Project as an opportunity
to apply concepts under the ecosystem approach concepts in an
urban environment, through a coordinated biennial federal workplan
beginning in FY 1995, in concert with the Anacostia Watershed
Restoration Committee." The Corps was assigned the leading
role in this effort.
Environmental Protection Agency
The Environmental Protection Agency (EPA) has various programs
for funding and regulation of pollution control in the Anacostia
watershed.
National Pollution Discharge Elimination System program. Under
the National Pollution Discharge Elimination System program, EPA
develops permitting requirements for stormwater discharges from
industrial facilities and from separate municipal storm sewers
serving populations greater than 100,000. All of the jurisdictions
in the Anacostia watershed are regulated under the program as
separate municipal stormwater systems. Each municipality must
submit a comprehensive, two-part application that focuses on the
development of a systemwide stormwater management program.
Section 319 grants. Section 319(h) of the Clean Water Act provides
for grants to states to assist in the implementation of nonpoint
source management programs. A nonfederal match of at least 40 percent
is required. These grants can also assist states in carrying out
groundwater quality protection activities that are part of the
states nonpoint source pollution control program. Examples of
such activities include research, ground water assessments, demonstration
programs, enforcement, technical assistance, education, and training
to prevent groundwater contamination from nonpoint sources of
pollution.
Section 106 grants. Section 106 of the Clean Water Act provides
for grants to states and interstate agencies to assist in the
administration of programs for preventing, reducing, and eliminating
pollution, as well as for enforcement.
Section 104(b) grants. Section 104(b) of the Clean Water Act provides
for grants to state water pollution control agencies and other
agencies or individuals, including nonprofit private agencies,
for (among other things) conducting research, investigations,
training, and studies relating to the causes, effects, prevention,
and elimination of pollution. The District of Columbia received
a grant under this section to implement programs for floating-debris
removal.
Section 117 grants. Section 117 of the Clean Water Act provides
for grants to states to implement management mechanisms in support
of the Chesapeake Bay Programs interstate management plan. A 50-percent
match is required.
Grants for public education. The Metropolitan Washington Council
of Governments received an EPA education grant to increase public
awareness of the potential environmental hazards created by routine
maintenance. This grant has a matching requirement.
Chesapeake Bay Program. The Chesapeake Bay Program operates with
an annual budget of $20 million. Of this, $10 million are
set aside for use by federal agencies, which can submit project
proposals each fall to the Federal Agencies Committee of the Chesapeake
Bay Program. Projects sponsored by several agencies are encouraged
and viewed more favorably by the Federal Agencies Committee. Under
this program, EPA was directed to conduct a study of the Anacostia
River to analyze the extent to which pollution in the Anacostia
River is harming the Chesapeake Bays ecosystem, the steps needed
to restore the Anacostias water quality, a timeline for taking
these steps, potential roles for EPA and other federal agencies
in the Anacostia cleanup, and an inventory of activities currently
underway to restore the river.
Fish and Wildlife Service
The Fish and Wildlife Service provides technical assistance for
various activities. Recently, for example, it conducted a joint
study with the District of Columbia to collect fish and sediment
from the Potomac and Anacostia Rivers and to test them for contamination.
The agency has also investigated problems associated with oil
spills within the basin, and has worked with the Corps and National
Park Service on the Kenilworth Marsh restoration project. The
Partners For Wildlife Program restores and protects fish and wildlife
habitat on private lands through alliances established by the
agency with other organizations and private landowners.
Forest Service
Several U.S. Department of Agriculture (USDA) Forest Service programs
have been utilized in restoration efforts in the Anacostia basin.
For example, the Anacostia Riparian Reforestation Program was
implemented by the Metropolitan Washington Council of Governments
and financed with $50,000 from the Urban Forestry Special Project
funds. This program is designed to reforest more than eight acres
of riparian corridors in the basin. EPA and the Forest Service
signed an interagency agreement to provide funding to the local
Cooperative Extension Service to implement the Anacostia Watershed
Community Reforestation Outreach Project. This project aims to
reforest inner city communities in the Washington metropolitan
area with public participation. Residents are provided with information,
resources, and technical assistance. In the District of Columbia
alone, proposed funding under the Urban Forestry Five-Year Plan
is $400,000 for FY 1994, and $500,000 for FY 1995.
National Civilian Community Corps
Federal agencies managing land in the Anacostia basin have proposed
a number of projects to be undertaken by volunteers of the National
Civilian Community Corps. These volunteers perform 1 year
of service constructing environmental and community improvement
projects across the country. Currently, there are 250 National
Civilian Community Corps volunteers at Aberdeen Proving Ground.
National Oceanic and Atmospheric Administration
Programs developed by the National Oceanic and Atmospheric Administration
(NOAA) provide information, research, and management services
for the nations ocean, coastal, and estuarine resources. Technical
assistance is available for resource management restoration activities
in the Anacostia basin, particularly for those associated with
habitat restoration, fish passage, endangered species, and fisheries
management. Funding provided by NOAA usually involves the Coastal
Zone Management programs, Sea Grants, and the Chesapeake Bay Program.
For example, NOAA contributions to the Chesapeake Bay Program
in 1992 amounted to more than $12 million.
National Marine Fisheries Service. NOAAs National Marine Fisheries
Service is responsible for protecting and managing the nations
living marine resources, including anadromous fish (such as striped
bass and American shad) that historically spawned in the Anacostia.
National Park Service
The National Park Service is the second largest landowner in the
basin. Much of the land it manages lies along the Anacostia and
its tributaries and is open for public visitation. The National
Park Service has employed volunteers to clean up streams and install
check dams, and it has been actively involved with the Corps and
other agencies in the Kenilworth Marsh restoration project and
in the proposed project for Kingman Lake (recommended as part
of the Anacostia River and Tributaries feasibility study). The
agency is working in conjunction with several other agencies on
environmental restoration projects on park lands. Streambank erosion
caused by high stormwater flows from developed areas, and large
volumes of sediment from stormwater outfalls along the Anacostia
cause problems on park lands. The National Park Service has also
been involved in the design and implementation one of the Metropolitan
Washington Council of Governmentss blueprint projects, although
it is reluctant to provide park lands for stormwater management
to control flows originating outside park lands. The agency seems
likely to take an advisory and review rather than a leading role
in environmental restoration projects.
Natural Resources Conservation Service
The USDA Natural Resources Conservation Service (formerly Soil
Conservation Service) has authority to assist other agencies under
the Watershed Protection and Flood Prevention Act (P.L. 83-566).
This act authorizes the Natural Resources Conservation Service
to provide technical and financial assistance to local organizations
in planning and carrying out such watershed projects as preventing
damage from erosion, floodwater, and sediment, furthering the
conservation, development, utilization, and disposal of water,
and conserving and properly using land. Upon request from a local
sponsor, the Natural Resources Conservation Service develops a
comprehensive plan to consider all natural resource concerns in
a watershed, formulating alternative solutions to the problems
identified. Typically, the agency provides 100 percent of the
technical assistance and up to 50 percent of the construction
costs for such projects.
The Natural Resources Conservation Service also provides technical
assistance to individuals and communities under its Conservation
Operations, Resource Conservation Development Program, Urban Initiative,
and other programs. Various conservation incentive programs are
proved through the USDA. The USDA Beltsville Agriculture Research
Center, the largest landowner in the basin, has embarked on a
joint effort with the Natural Resources Conservation Service to
produce a Soil and Water Conservation Plan for the Agriculture
Research Center, and to implement a demonstration project on Center
land. This project will demonstrate environmentally safe practices
involving field crops, ponds, woodlands, and wetlands.
U.S. Department of Defense
The Department of Defense accounts for 2,190 of the 15,860 acres
of federally owned land in the Anacostia River basin. Army installations
include the Adelphi Laboratory Center, Army Reserve Center Riverdale,
Fort McNair, Beltsville Agricultural Reserve Site, and Laurel
National Guard Site. Navy installations include the Naval Surface
Warfare Center, Anacostia Naval Station, and the Navy Yard. The
Marine Barracks and part of Bolling Air Force Base are also located
in the basin.
The Department of Defense Legacy Program, created in 1991 by a
Department of Defense Appropriations Act, was designed as a long-range
program for identifying, protecting, and maintaining natural,
cultural, and geophysical resources on all lands under Defense
Department jurisdiction or influence in the United States. This
program enables the Department to take a critical and sustained
look at what it might take to better integrate conservation of
these resources with the maintenance of national defense capability.
The Legacy Program has $50 million allocated for various
projects in FY 1994.
U.S. Department of Transportation
The Department of Transportations Surface Transportation Program,
established by the Intermodal Surface Transportation Efficiency
Act of 1991 (P.L. 102-240), provides grants to states and
localities. Ten percent of the Surface Transportation Program
funds apportioned to a state each fiscal year must be used for
transportation enhancement, such as landscaping and other scenic
beautification as well as mitigation of water pollution due to
highway runoff. Typical projects that could be funded with Program
funds include stormwater drainage improvements along roadways
or reforestation along a highway. Opportunities and priorities
are set by the individual state transportation departments. The
federal share of project costs is normally limited to 80 percent.
The state of Marylands share of these funds is expected to average
$5 million per year from 1992 to 1997. The Maryland Department
of Transportation has proposed constructing a biking/greenway
trail within the Anacostia River basin using Surface Transportation
Program funds.
Coastal Louisiana is one of seven ecosystems identified for study
of the ecosystem approach activities by the Interagency Ecosystem
Management Task Force. Coastal Louisiana was selected in part
because ongoing interagency activities there may provide valuable
lessons for broader application in ecosystems elsewhere across
the country.
In August 1994, an interagency survey team from Washington spent
a week in Louisiana conducting interviews with federal and nonfederal
parties. During the week, the survey team met with nearly 70 individuals
representing federal and state agencies, parish and levee governing
bodies, academic scientists, private land owners, environmental
groups, and other interests. The team consisted of seven individuals
from five federal agencies: Jeri Berc from the U.S. Department
of Agriculture (USDA) Natural Resources Conservation Service (formerly
Soil Conservation Service), Val Chambers from the USDA Forest
Service, Roger Griffis from the National Oceanic and Atmospheric
Administration (U.S. Department of Commerce), Joanne Jones from
the U.S. Army (U.S. Department of Defense), Doug Norton from the
Environmental Protection Agency (EPA), Albert Sherk from the National
Biological Service (U.S. Department of the Interior), and Molly
Whitworth from EPA.
This report is based on interviews conducted, phone calls made,
and written material collected by the survey team. It includes
observations made by interviewees organized by issue, and a set
of summary observations and recommendations from the survey team.
BACKGROUND
Coastal Louisiana (figure 1) is one of the richest regions of
the world in wetlands, with 2.5 million acres of fresh, intermediate,
brackish, and saline marshes, 637,400 acres of forested wetlands,
and about 40 percent of the coastal marshes in the coterminous
United States. Bordering the entire Gulf of Mexico shoreline and
extending inland in some places for more than 60 miles, these
coastal wetlands form one of the most productive ecosystems on
earth.
Value of the Ecosystem
The productivity and structure of Louisianas coastal wetlands
directly and indirectly fuel the regions economy. Louisianas coastal
wetlands support a commercial harvest of fish and shellfish comparable
in volume to that of the entire Atlantic seaboard, with a market
value averaging almost $1 billion annually. Recreation on
Louisianas coastal wetlands amounts to more than 3 million user
days per year, valued at approximately $50 million annually.
Income in the region from ecotourism exceeds $250 million
per year. The coastal wetlands and barrier islands protect one
of the nations largest commercial-industrial complexes of ports,
shipping waterways, and natural gas and petroleum refining facilities
from losses and destruction caused by storms from the Gulf of
Mexico. These facilities account for 25 percent of domestic
natural gas production. These commercial and industrial activities
represent a combined capital investment of more than $100 billion
within the Louisiana coastal zone. The region also supports a
unique culture and way of life molded by interaction of local
residents with their coastal wetland environment during the past
two centuries.
Today, the communities, physical structure, and all of the productive
functions of Louisianas coast are seriously threatened by rapid
loss of the barrier islands and coastal wetlands. Disturbing the
natural equilibrium between wetland gain and loss, human activity
in the region currently produces a net loss of 25-35 square miles
of coast per year, accounting for 80 percent of all coastal wetland
losses in the coterminous United States. Although the deteriorating
coastal ecosystem remains highly productive today, the long-term
prospect is for catastrophic decline in economic and ecological
coastal values, and a shoreline moved far inland from where it
is today. At current rates, half of Louisianas coastal wetlands
will disappear over the next 100 years, with serious social, economic,
and ecological implications not only for the region, but for the
nation as a whole.
Formation of Coastal Wetlands
Louisianas coastal zone is made up of two physiographic units:
the Deltaic Plain on the east, formed by sediments from the Mississippi
and Atchafalaya Rivers, and the Chenier Plain on the west, formed
from the westward movement of reworked former delta sediments
combined with sediments from adjacent active Mississippi River
distributaries. The deltaic coastal wetlands were formed from
enormous amounts of sediment eroded from the interior of North
America and deposited in deltaic lobes where the Mississippi River
enters the Gulf of Mexico.
Every thousand years or so, the river established a new, more
efficient route to the gulf after annual floods helped carve new
paths bypassing the enlarged delta. As the new route developed,
less water and sediment passed down the old river channel, and
the old delta began to lose land through subsidence and the effects
of tides, waves, and currents. Concurrently, a new delta began
growing at the mouth of the new river channel. For the last several
thousand years, these natural processes were in approximate equilibrium,
creating a composite coastline made up of wetlands in all stages
of formation and devolution, and an ecosystem of tremendous diversity
and productivity.
Disruption of Wetland Formation
Human activity has severely impacted the natural processes that
create and sustain the coastal wetlands of Louisiana. When the
commercial navigation and flooding potential of the rivers became
apparent in the 19th century, Congress authorized actions
to clear and maintain the Mississippi for navigation, and to construct
levees to keep the river within its banks. In the 20th century,
oil and gas exploration, land reclamation, and construction of
ports and channels along Louisianas coast further developed the
economic potential of Louisiana at the expense of its coastal
wetlands.
Flood control projects such as levees ensured that most sediment
bypassed the areas where it would naturally build and nourish
wetlands during flood and nonflood periods.
As a result, sediment deposits no longer compensate for the effects
of natural coastal subsidence. Coastal wetlands are increasingly
flooded, resulting in mortality of wetland plants and changes
in vegetation. These conditions are compounded in many locales
by infusions of saltwater into normally fresh or brackish wetlands
through channels dredged for navigation or oil and gas exploration.
In other areas, urbanization, highways, and spoil banks from channel
dredging disrupt natural drainage and sediment distribution. The
net result has been functional and physical loss of hundreds of
thousands of acres of wetlands as the natural vegetation, stressed
by changes in hydrology or salinity, dies and sediment erodes
away. Even where there is no land loss, valuable ecological functions
are sacrificed whenever changes in hydrology, salinity, and plant
and animal communities cause wetlands to disappear.
Peaking in the 1960s, erosion rates have since declined to the
current rate of 25-35 square miles per year. Today, only a small
fraction of annual wetland losses stems from new human activity
in the coastal zone. Actions taken by the state of Louisiana,
private landowners, and industry have slowed the loss of coastal
wetlands due to permitted development from 3,000 acres per year
in 1980 to less than 200 acres per year today (Kemp 1993). But
land in the coastal zone continues to subside, the barrier islands
continue to erode, and the sea continues to invade fragile wetlands
at an alarming rate. The vast majority of coastal wetland losses
result today from ongoing long-term effects of actions taken decades
earlier that disrupted the natural hydrologic and sedimentological
processes critical to sustaining and increasing Louisianas coastal
wetlands. Documented causes of wetland loss (Governors Office
1994; Boesch 1994) include:
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Without aggressive action to reverse these trends, the current
rate of coastal wetland loss in Louisiana is expected to continue,
with serious consequences for the region and the nation. If current
losses are not reduced, another 167,000 acres of wetlands will
disappear or be converted by the year 2000 (U.S. Department of
the Interior 1994). According to predictions, these losses will
push the gulf shoreline inland as much as 33 miles in some areas,
jeopardizing public and private investments and potentially shifting
waters under state jurisdiction to federal control as lands under
them are reclassified as outer continental shelf. By the same
token, private lands that are inundated may fall under state control.
Some 1,200 businesses, residences, camps, schools, storage tanks,
electric power substations, water control structures, and pumping
stations will require protection or relocation (U.S. Department
of the Interior 1994). The U.S. Army Corps of Engineers (Corps)
estimates that by the year 2040, without action to reverse projected
wetland losses, commercial fish and shellfish harvests will decline
by 30 percent. Continued loss of Louisianas coastal wetlands
could produce major nonmonetary cultural and ecological losses,
and loss of income and assets worth billions of dollars.
Strategies to Halt Loss of Coastal Wetlands
More than 20 years ago, high rates of coastal erosion and deterioration
were noted, along with the potentially serious consequences (Gagliano
and van Beek 1970, 1975). Basic management approaches were developed
for slowing and preventing further losses on both barrier islands
and wetlands.
Curbing development. Initial responses to the problem took the
form of state and federal regulatory programs aimed at reducing
wetland loss resulting from new dredge and fill activities and
hydrological modification. These programs have been moderately
successful: the loss rate from development has declined since
peaking in the 1960s at 39-42 square miles per year.
Controlling coastal erosion. In the 1980s, the Coalition to Restore
Coastal Louisiana was established to inform the public on wetland
loss and to solicit government action to address the crisis. In
1989, state legislation was enacted to provide for wetland restoration,
and Louisiana voters overwhelmingly approved (by a 3-1 margin)
a constitutional amendment establishing a trust fund making approximately
$25 million per year available for restoration activities.
The Coastal Wetland Planning, Protection, and Restoration Act.
In 1990, Congress passed the Coastal Wetland Planning, Protection,
and Restoration Act (CWPPRA), 16 U.S.C. §§ 3951-3956.
The Act established a six-member Louisiana Coastal Wetlands Conservation
and Restoration Task Force with representatives from the state
of Louisiana and five federal agencies: the Corps; EPA; the U.S.
Department of the Interiors Fish and Wildlife Service; the U.S.
Department of Commerces National Oceanic and Atmospheric Administration
(NOAA) and National Marine Fisheries Service; and the USDA Natural
Resources Conservation Service, formerly Soil Conservation Service.
Charged with developing a "comprehensive approach to restore
and prevent the loss of coastal wetlands in Louisiana," the
Task Force is responsible for developing and implementing priority
coastal wetland restoration projects. The CWPPRA is the primary
federal legal authority for facilitating a broad-based approach
to coastal wetland restoration in Louisiana. In facilitating an
interagency approach to the problem of coastal restoration, it
may serve as a valuable model and/or nucleus for future activities
to implement the ecosystem approach. Nevertheless, the current
structure and process contain impediments to a broader ecosystem
approach.
The CWPPRA authorizes funds for priority wetlands projects in
Louisiana. In addition, the CWPPRA provides both mechanisms and
incentives for comprehensive coastal wetland restoration and management.
It requires the Secretary of the Army to convene the Task Force,
which has provided a highly effective forum for dialogue among
federal agencies and the state of Louisiana on developing a restoration
plan. The CWPPRA process immediately led to integration of the
traditionally independent planning and execution of budgets by
federal agencies with natural resource responsibilities in southern
Louisiana. The usually formidable obstacles to federal interagency
and federal-state coordination seem to have been largely overcome.
Louisiana Coastal Wetlands Restoration Plan. The Task Force used
several technical committees and groups to develop the Louisiana
Coastal Wetlands Restoration Plan. Nine Interdisciplinary Basin
Teams reviewed individual proposals and formulated plans for each
of nine hydrologic units in Coastal Louisiana. A Monitoring Work
Group developed plans and protocols for monitoring the effectiveness
of projects, and lists of priority projects were prepared. Although
it is too soon to judge the effectiveness of the CWPPRA, the Corps
has indicated that about 211,000 acres of wetlands would be restored
under the Restoration Plan, corresponding to about 70 percent
of estimated wetland losses if the CWPPRA were not in effect.
Opportunities and constraints. The CWPPRA provided substantial
funds to the Task Force to assist in restoring and conserving
coastal wetlands. Positive aspects of the legislation include:
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Several issues have impeded implementation of restoration efforts
in Coastal Louisiana. Property rights issues before and after
restoration form some of the most common and serious legal barriers.
Eighty percent of the coast is privately owned, and the state
estimates that real-estate-related activities may amount to one-third
of the effort required before a project is implemented. Some projects
have involved more than 100 different landowners, and legal questions
have arisen regarding future access to restored areas and mineral
rights in them.
State and federal agencies are actively working to resolve these
issues. The Louisiana Department of Natural Resources has recently
delineated more efficient ways of dealing with real estate issues.
An important step was creation of a Real Estate Section with the
ability to secure contractual support to speed up the process.
The Department of Natural Resources is also negotiating a settlement
with the Louisiana Land & Exploration Company concerning mineral
rights when new land is created during restoration of the Isles
Dernieres chain of barrier islands. These and other changes are
part of a major very positive effort by the state of Louisiana
to refine administrative and other components of its policies
and activities for coastal restoration. These changes are outlined
in a white paper titled, "The State of Louisianas Policy
for Coastal Restoration Activities" (April 1995). Constitutional
amendments are currently before the state legislature to resolve
important land rights and oyster lease issues.
Restoration of Coastal Louisiana in general depends on finding
the money for the large-scale projects needed. Several studies
of the ecosystem suggest that major freshwater diversions from
the Mississippi River are needed to restore the hydrological processes
that create productive, sustainable coastal wetlands. Equally
important appears to be restoration of the barrier island system.
Feasibility studies have been recommended under the CWPPRA program
to address the issues of major river diversions and barrier island
restoration. Such feasibility studies could broaden restoration
planning under the current CWPPRA process to include a much more
comprehensive, longer term, ecosystem approach. Broader perspectives
have been developed recently in several excellent reports emphasizing
river diversions over time periods of more than 50 years (Governors
Office 1994, Templet 1994, Van Heerden 1994). By contrast, the
CWPPRA Restoration Plan envisions a 20-year management program
of individual projects at the hydrologic basin level.
BUDGET ISSUES
The success of the CWPPRA Restoration Plan hinges on large projects
(such as shoreline protection, major river diversions, barrier
island restoration, and navigation gate establishment). One of
the toughest challenges may be finding the resources to fund these
projects.
Current Funding
The CWPPRA authorizes an amount equal to 18 percent of total
deposits in the Sport Fish Restoration Fund, or of total receipts
from small-engine fuels excise taxes (whichever is greater), to
be allocated for wetlands planning and restoration. Seventy percent
of this amount is made available by the Fish and Wildlife Service
to the Corps (through the Sport Fish Restoration Account of the
Aquatic Resources Trust Fund) for restoration of Louisiana wetlands
(funds are available until expended). Each fiscal year since 1992,
more than $33 million in funds have been made available for priority
wetlands projects in Louisiana (table 1). Projections made by
the Fish and Wildlife Service indicate that this level of funding
will increase slightly each year through fiscal year 1999 (table 1,
figure 2).
Funds for implementing the Restoration Plan have approached $40
million annually, with costs shared by state and federal governments
at the ratio of 25 to 75 percent. Without additional
action, however, the state of Louisiana may soon be unable to
continue matching the federal contribution. Recognizing this,
Louisiana has recently recommended a number of measures to generate
additional funds (in its April 1995 white paper review of
state wetland restoration policies). A constitutional amendment
is presently before the state legislature to increase revenues
to the Wetlands Trust Fund by lowering Fund thresholds. This and
other measures would make significant progress toward ensuring
continuation of restoration efforts. Changes by constitutional
amendment are subject to approval by Louisiana voters.
Lists of priority projects have been prepared under the CWPPRA
Restoration Plan (table 2). Implementing all projects in the plan
across all basins would cost approximately $1.284 billion (table
3).
The CWPPRA requires each project to be substantially completed
5 years after placement on a priority project list. The Corps
has interpreted this to mean that the CWPPRA excludes projects
that cost more than about $5 million, which can take up to
decades to complete. Forty of the 279 projects in the Restoration
Plan cost more than $5 million, and 5 have estimated costs
of more than $20 million (table 4). Political pressures
forced initial project funding to be dispersed in all nine basins.
Accordingly, CWPPRA dollars intended for wetland restoration were
expended not only in areas where land was being lost (Barataria/
Terrebonne), but also in areas where land was accreting (Atchafalaya).
The reality of project costs and the urgent need for large-scale
offensive projects will probably force state and
federal planners to ask Congress for specific project-by-project
funding for large-scale projects with costs in excess of $5 million.
As suggested in the states white paper analysis of the situation,
this will require additional federal funding outside of the CWPPRA
program.
table 1 paste-up
Figure 2 .-Annual and cumulative federal CWPPRA allocations for
fiscal years 1992-1994 (actual) and 1995-2000 (estimated). Under
provisions of the Coastal Wetlands Act, funds will be available
through fiscal year 1999. (Source: U.S. Fish and Wildlife Service,
Division of Federal Aid.)
Budget-Related Barriers to the Ecosystem Approach
Although the CWPPRA seems to provide an effective mechanism for
building consensus on restoration issues and priority projects
in southern Louisiana, the lack of a single entity in charge of
budgeting for the ecosystem approach is proving to be a problem.
Indeed, the Corps navigation and flood control projects are a
major cause of the problems facing the CWPPRA process.
Budget Alternatives
Interviewees offered several comments on budgetary issues:
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INSTITUTIONAL ISSUES
The construction of major levee systems along the Mississippi
River in the 1930s inaugurated a series of landscape changes,
many of which are still evident. By the 1950s, losses in marsh
area were apparent to hunters and fishermen, as well as to some
scientists and resource managers. By the 1980s, awareness and
concern had become widespread; today, the average Louisiana is
much more aware of wetland issues than the average American citizen,
attuned to the problem by a deeply rooted Acadian culture of hunting
and fishing in Coastal Louisiana.
Louisianas Context for the Ecosystem Approach
Although Louisiana citizens appreciate the obvious benefits of
navigation and flood controls on the Mississippi, as stakeholders
in Coastal Louisiana they share an almost universal vision of
restoring damaged wetlands and finding a long-term solution to
the problem of the encroaching tide. Preserving the coastal marshes
of Louisiana is truly a grassroots effort.
The public support enjoyed by restoration efforts represents a
critical first step in the ecosystem approach to managing Louisianas
coastal marshes. Remaining controversies revolve around just how
the marshes can or should be restored. There is widespread recognition
that conservation and restoration projects will necessarily be
experimental in nature; managers are free to try various techniques,
using an adaptive style of environmental management.
Adaptive management requires learning from the past and refining
management and restoration efforts based on experience. Monitoring
and evaluation of projects at appropriate intervals are critical
steps in this process, linking management decisions to project
results, in accordance with adaptive management. However, several
interviewees expressed concern that the monitoring programs established
for each project might not be designed or carried out to effectively
provide the information necessary for evaluating project success.
The CWPPRA Process
The Task Force follows procedures that are largely determined
by legislation. They provide for a great deal of stakeholder input,
and for implementation of complex and costly restoration projects
through dedicated funds of sizable long-term amounts. They also
provide for long-term planning, and for evaluating the effectiveness
of projects after implementation.
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What works in the CWPPRA process also seems to make for problems.
There is overall appreciation for the importance of long-term
planning in CWPPRAs mandate, but also frustration with the complicated
interagency deliberation process. The legislative requirement
that projects be implemented under the CWPPRA within 6 months
of the Task Forces establishment also caused problems. Designed
to ensure swift action, this timeframe for rapid project startup
led many interested parties (in the scientific community, for
example, or among landowners and environmental groups) to be left
out of early deliberations, and the actual Restoration Plan was
not fully developed until 2 years later. These early missteps,
however, seem to be correcting themselves.
Despite the slow bureaucratic pace of the CWPPRA process and the
turf battles that are an expected part of it, the CWPPRA enjoys
virtually universal acceptance as the right idea and a necessary
part of any real solution. Many interviewees noted that individual
agency interests were being set aside specifically because of
the CWPPRA process, and that agency decision makers now felt more
empowered to change course if needed. Interviewees felt that procedural
aspects of the CWPPRA (such as decision making on a majority basis
rather than through unanimous consent by Task Force members) were
positive signs that progress is being made.
A common restoration vision that enjoys widespread grassroots
support is a unique feature of the CWPPRA process that may well
assure its long-term success. The rapid rate of marsh subsidence
and land loss and the corresponding sense of crisis are key motivating
factors in starting up a large-scale ecosystem approach in Coastal
Louisiana.
Regulatory Agencies
Although federal funding of the massive projects necessary in
this kind of restoration effort was recognized as essential, interviewees
expressed resentment of federal agencies for regulating resource
use without a credible local presence. Most complaints were about
EPA for its failure to maintain staff at even the state level,
despite its powerful influence on critical Clean Water Act section 404
wetland dredge and fill permitting. EPAs tendency to base its
decisions on national policies rather than on local conditions,
coupled with its lack of a field presence, created resentment
and hostility among many stakeholders.
However, EPA was congratulated for its sponsorship of the Marsh
Management Workshop and for funding scientific investigations
into innovative management techniques. The overall mandate of
EPA to protect the environment as a whole (and not just specific
trustee components, such as fish and wildlife or marine species)
was considered conducive to long-term ecosystem planning efforts.
The workshop attendance of high-level EPA management was regarded
as a positive sign that EPA was willing to listen to local concerns.
But developing an EPA national policy on marsh management was
considered inappropriate.
Although the Corps holds a special place among federal agencies
in Louisiana, its interests are perceived as too parochial. As
Chair of the Task Force, the Corps District Engineer in New Orleans
is believed to hold a pivotal position in both selecting projects
and implementing virtually all those selected by virtue of the
Corps permitting authority. Actually, however, project implementation
is the sole responsibility of the sponsoring federal agency. Interviewees
expressed two major frustrations: first, the short 2-year rotations
of the District Engineer necessitate continual reeducation; and
second, the Corps has an inherent conflict of interest between
exercising its national mandates and allowing for local needs.
The Corps, interviewees complained, tends to give permitting preference
to actions associated with Corps-approved or CWPPRA projects.
Some interviewees commented that the Natural Resources Conservation
Service (NRCS), because of its long affiliation with local landowners,
might be a good federal agency for coordinating discussion on
CWPPRA mandates, goals, and ideas between agencies and local stakeholders.
Through its local credibility and critical attention to local
needs, the NRCS may also be in a unique position to take a leadership
role in implementing jointly developed plans, although the question
of whether the NRCS has the technical, administrative, or policy
experience to play an effective leadership role was not discussed.
Trustee Agencies
The two major trustee federal agencies in Coastal Louisiana are
the Fish and Wildlife Service and National Marine Fisheries Service.
Both have a substantial local presence and field staff, and both
therefore enjoy more credibility than the regulatory agencies.
One major criticism is that both agencies purportedly favor measures
to protect particular species under their jurisdictions.
Federal turf battles, although not as prevalent as some had expected,
still cost these agencies credibility. Several interviewees felt
that the National Marine Fisheries Service actually stood to benefit
from increases in open water and therefore acted to thwart the
CWPPRA process. The Fish and Wildlife Services handling of the
black bear listing under the Endangered Species Act angered some
interviewees: its announcement on critical habitat was made without
adequate prior consultation with landowners, generating much unnecessary
fear and turmoil.
However, one federal agency representative saw value in CWPPRA
recognition of traditional agency missions. Barring a major federal
government reorganization, maintaining traditional roles could
help to define centers of expertise, fostering the esprit de corps
necessary to retain valued employees, and developing the institutional
knowledge needed for long-term management. But it was also pointed
out that strong leadership in key positions on ecosystem management
task forces or committees is essential to success, forcing compromise
and consensus.
Federal Management Programs
The survey team solicited comments on three large-scale federal
management programs in Coastal Louisiana: EPAs Gulf of Mexico
Program; the Coastal Zone Management Act; and the Barataria/Terrebonne
Estuary Program, part of the EPA-funded National Estuary Program.
Both EPA programs received favorable review, and their structures
were often preferred to those of the CWPPRA. The Gulf of Mexico
Program was praised for the following positive aspects:
But the Gulf of Mexico Program was also criticized for the following
negative aspects:
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Both the Barataria/Terrebonne National Estuary Program and the
Coastal Zone Management Act were praised for their upfront involvement
of the public, for working out problems with the public, and for
their heavy involvement of state agencies in the decision-making
process. Decisions under the National Estuary Program are made
by consensus, and the primary funding agency (EPA) remains a nonvoting
member of the Policy Committee, although EPAs Region 6 was described
as "having a hard time letting go" of the program. No
threat was seen of a veto of National Estuary Program activities
by EPA under Clean Water Act section 404(c), although the opposite
was true of activities under the CWPPRA.
Both the National Estuary Program and the Gulf of Mexico Program
seem to coordinate successfully with the CWPPRA because they have
members who are personally involved in the CWPPRA process. Without
these personal connections and commitments, some said, institutions
would not be able to effectively coordinate activities.
Institutional Alternatives
Several suggestions were made for improving the CWPPRA structure
in accordance with goals of the ecosystem approach. The CWPPRAs
restoration goals were perceived to be in potential conflict with
the Corps goal of flood and navigational control. Therefore, leadership
of the CWPPRA process by the Corps was seen as a potential conflict
of interest, and a more neutral leadership was called for. Alternatively,
the Corps should accept ownership of the CWPPRA plan and process.
But no specific examples of task forces with neutral leadership
were offered. Special commissions (such as the W. Alton Jones
Panel on scientific issues pertaining to wetland loss, or the
Jack Ward Thomas Interagency Committee on strategies for protecting
the northern spotted owl) were widely acknowledged for their invaluable
service in resolving interagency conflicts on scientific issues.
But these were not considered good examples of commissions designed
for planning and managing ecosystems.
It was also suggested that architects of ecosystem planning should
have the perspective and training of a planner, landscape ecologist,
hydrologist, or geographer, professions that provide the ability
to see the larger picture. Experts in these areas are viewed as
unencumbered by special interests. Through its basinwide planning
efforts, the CWPPRA Task Force has made good progress toward establishing
a broader vision. Its chief disadvantage appears to be its perceived
lack of independence (by virtue of its domination by federal agencies).
A nonvested leadership of restoration efforts would be more effective.
One scientist whose involvement in marsh management issues spanned
more than 40 years mentioned failure of institutional response
as the reason for the delay of more than 30 years in acting on
1969 data showing dramatic wetland losses in Louisiana. Institutional
inaction could be overcome, it was suggested, by uniting various
agency regulatory functions under a single agency (which should
not be the Corps).
One expert with international experience in marine and coastal
environmental management suggested that keeping the CWPPRA Task
Force involved in all aspects of CWPPRA implementation was a recipe
for failure. He suggested a pyramidal structure for the ecosystem
approach: planning should involve the largest number of participants,
with fewer involved in project selection, fewer still in implementation,
and the smallest number in implementation at the local level.
This idea was echoed by many survey participants.
Interviewees emphasized the need for a good vision statement at
the outset of the restoration process (as exemplified by the CWPPRA),
followed by willingness to entrust responsibilities to a single
lead. Several examples were offered of "ecosystem approach
success stories" elsewhere in the world, including two efforts
in Australia, one to develop a multiple-use zoning plan for the
2,000-mile Australian barrier reef, and the other to devise a
long-term (50- to 100-year) timber plan for Australias forests.
LEGAL ISSUES
The CWPPRA is the primary federal legal vehicle for facilitating
a broad-based approach to wetland restoration in Coastal Louisiana.
But despite the interagency approach to restoration envisioned
under the CWPPRA, impediments to a purely ecosystem approach remain.
The primary obstacle to the ecosystem approach appears to be the
Federal Advisory Committee Act, although other impediments were
named as well in interviews conducted by the survey team, including
the CWPPRA itself.
The CWPPRA
The CWPPRA process was criticized for several reasons, including
its narrow approach, lack of continuous leadership, insufficient
inclusion of state and other interests, and planning constraints.
Project-driven approach. One complaint often heard is that the
CWPPRA is project-driven and therefore fails to take an ecosystem
approach to coastal restoration. The CWPPRA requires the Task
Force to submit yearly priority lists that usually contain discrete
restoration projects developed by federal agencies, the state
of Louisiana, or private landowners. Several commentators identified
the need for a basinwide master plan to coordinate all federal
and state restoration projects within the basin, including projects
outside the CWPPRA process. Other interviewees noted that CWPPRA
projects are often "bandaids" used to justify continued
funding under the CWPPRA, even though they will not solve the
overall problem of coastal deterioration in Louisiana.
Lack of continuous leadership. Under the CWPPRA, the Corps District
Engineer in New Orleans serves as Task Force Chair. Several interviewees
said that the primary problem with this is lack of continuity.
Because District Engineers rotate every 2-3 years, the Task Force
Chair must be constantly reeducated. As a result, the role of
the Corps in the CWPPRA process is largely defined by midlevel
civilian Corps employees-although interviewees did not characterize
this as either positive or negative.
Insufficient state representation. A complaint often heard from
state officials and the public was that the state has no vote
on the Task Force in allocating funding-although by virtue of
its cost-share requirement, it exerts considerable influence on
the process. This provision was not written into the CWPPRA by
Congress, but rather mandated by President Bush in his Statement
on Signing the Bill on Wetland and Coastal Inland Waters Protection
and Restoration (November 29, 1990), in which he instructed the
Task Force to "promulgate its priorities list . . . by
a majority of those Task Force members who are present and voting,
and to consider the state official to be a nonvoting member of
the Task Force for this purpose." The President justified
this decision with the argument that the funding decisions made
by the Task Force are "an exercise of significant authority
that must be undertaken by an officer of the United States, appointed
in accordance with the Appointments Clause" of the United
States Constitution, Article II, § 2, cl. 2.
Some state representatives also called for more than one state
representative on the Task Force. However, legislation specifically
enacting the CWPPRA states that the Governor of Louisiana shall
serve as state representative on the CWPPRA Task Force.
Insufficient representation of socioeconomic interests. A few
commentators called for adding a member to the Task Force to represent
the socioeconomic interests of people affected by coastline erosion
and proposed restoration efforts. As one interviewee noted, "People
are a resource that needs to be considered under the CWPPRA,"
just as other resources (such as land, vegetation, and wildlife)
are considered.
Planning constraints. The authorizing legislation enacting the
CWPPRA contains built-in planning constraints. Although these
requirements have facilitated communications and coordination,
they also affect the character of projects identified as priority,
their ultimate benefit in the grand scheme of coastal restoration,
the time in which projects must be identified and analyzed, and
the level of funding available for plan formulation and development.
Some interviewees remarked that the most significant constraints
are deadlines for submitting priority project lists and the Restoration
Plan, and limitations on planning funds. The result is a dominance
of small projects in the Restoration Plan. Under the CWPPRA, priority
project lists must be submitted to Congress no later than November
28 of each year for 5 years. Three such priority lists have been
submitted, containing 46 projects, and the Restoration Plan was
submitted on November 28, 1993. Funding for the preparation of
plans is not to exceed $5 million annually (although Task
Force members did not identify this as a problem).
Section 404 Regulatory Program
There were a number of complaints about the Clean Water Acts section
404 program regulating the discharge of dredged or fill material
into waters of the United States. Some complaints were merely
general criticisms of the regulatory program, but others offered
insight into potential barriers to the ecosystem approach. Although
only 2-3 percent of wetland loss in Coastal Louisiana is due to
fill, even this small percentage can be significant, given the
high rate of wetland loss.
Lack of timeliness and consistency. Many commentators voiced the
criticism that the section 404 regulatory permitting process takes
too long, and they stressed the need for federal agencies to speak
with one voice regarding permit applications. Under its section
404 authority, the Corps affords other federal agencies (such
as EPA, the National Marine Fisheries Service, and Fish and Wildlife
Service) the opportunity to comment on permit applications. Although
the process of ensuring adequate coordination with other federal
agencies takes time, it provides meaningful interagency input
into the decision-making process, allowing the Corps to consider
the effects of a permit applicants proposed activities on a wide
variety of resources. Critics of the program urged federal agencies
to submit comments on permit applications in a timely manner,
and to work with the applicant to help achieve permit objectives,
rather than "just saying no."
Mitigation sequencing. A local representative called on the Corps
and EPA to eliminate the requirement for mitigation sequencing.
Mitigation sequencing is a national policy broadly embodied in
National Environmental Policy Act and in a Memorandum of Agreement
between the Army and EPA on Clean Water Act section 404(b)(1)
guidelines. The Memorandum provides that in reaching permit decisions,
the Corps and EPA must follow a process of mitigation sequencing
to determine appropriate and practicable measures to offset unavoidable
impacts. This process entails a sequence of three requirements:
(1) avoidance of environmentally damaging actions if practicable
in terms of cost, existing technology, and logistics; (2) minimization
of adverse environmental impacts that are unavoidable; and (3) compensation
for any remaining unavoidable adverse impacts after all appropriate
and practicable minimization has been required. Stressing Louisianas
unique nature, the parish representative noted that because wetlands
are so widespread in Louisiana, compensation is sometimes better
than avoidance because it does not unduly hinder development.
However, this view is not shared by all.
Double standard on permitting. Parish representatives and landowners
charged that federal permitting agencies are more amenable to
restoration projects sponsored by the state or other federal agencies
than to projects proposed by local governments and private landowners.
This perceived double standard results in a smooth permitting
process for state and federal projects, whereas local governments
and landowners are unfairly confronted with obstacles.
Delegation of permitting authority to the state. The state of
Louisiana (in particular the Louisiana Department of Natural Resources)
has expressed a desire to assume authority for administering the
section 404 regulatory program. According to several interviewees,
the state is better able than federal agencies to address socioeconomic
considerations. EPA has provided grant assistance to the state
of Louisiana to explore the feasibility of a state-run section
404 program, and the Louisiana Department of Natural Resources
has asked local universities to study this issue. However, under
section 404(G) of the Clean Water Act, opportunities for the state
to address socioeconomic considerations in permitting actions
would be limited to nontidal wetlands (waters not influenced by
tidal actions). The state would therefore have little influence
on CWPPRA-related wetland permitting. However, the state no longer
wishes to assume section 404 authority.
National Environmental Policy Act
The National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321
et seq., requires federal agencies to consider the environmental
effects of proposed major federal actions. If the proposed action
will have a significant impact on the environment, the federal
agency must prepare an environmental impact statement assessing
that impact and addressing alternatives. Under NEPA, the public
must be given sufficient time to comment on the environmental
impact statement.
In Coastal Louisiana, the Corps completed a programmatic environmental
impact statement on the Restoration Plan prior to its submission
to Congress. Most interviewees said they had sufficient time to
comment on the environmental impact statement, and that they thought
their comments were given adequate consideration. As CWPPRA projects
are developed, the agency in charge of each project may be required
to prepare an environmental assessment or an environmental impact
statement, depending on the projects environmental impact. This
requirement could delay project completion, because both environmental
assessments and environmental impact statements can be costly
and time-consuming.
Federal Advisory Committee Act
The Federal Advisory Committee Act (FACA), 5 U.S.C. App.
2, was identified as the principal federal legal obstacle to an
ecosystem approach to the restoration of Coastal Louisiana, primarily
because it limits opportunities for meaningful public involvement
and scientific input into the management and decision-making process.
The FACA imposes a number of requirements on committees or similar
groups established or utilized by the President or by federal
agencies for the purpose of obtaining advice or recommendations
(Public Citizen v. United States Department of Justice, 491 U.S.
440 (1989)). In enacting FACA, Congress hoped to "expose
the advisory process to public scrutiny and curb abuses of the
advisory committee process by public interest groups" (Center
for Auto Safety v. Federal Highway Administration, 1990 U.S. Dist.
LEXIS 13733 (1990)). A committee is more likely to be characterized
as an advisory committee subject to FACA if it is established
or funded by the federal government, if the federal government
sets the agenda or appoints its members, if it has members that
are not federal employees, or if it gives advice or recommendations
about specific federal decisions.
Under FACA, an advisory committee must be organized under a charter,
balance its membership, post notification of its meetings in the
Federal Register, hold open meetings, take minutes of meetings,
and (upon request) provide transcripts of meetings (see 5 U.S.C.
App. 2, §§ 5 and 9-10).
A Citizen Participation Group established by the CWPPRA Task Force
consists mainly of nonfederal interest groups. Designed to provide
recommendations to the Task Force (which contains federal agencies),
the Citizen Participation Group is subject to FACA requirements.
Therefore, it has languished, no longer used to solicit ideas
and recommendations, as originally intended. Many interviewees
deplored the ensuing lack of public involvement in the CWPPRA
process and insisted that for the CWPPRA to work, it needs the
support of the people.
Louisianas Sunshine Law could similarly hinder the states ability
to solicit advice and recommendations from the public.
Federal Programs That Encourage Urban Development
Some federal programs contribute to urban sprawl in Coastal Louisiana,
to the detriment of wetland preservation. The U.S. Department
of Housing and Urban Development provides assistance for low-income
housing mortgage insurance for homes. The Veterans Administration
also provides mortgage insurance. The National Flood Insurance
Act, 42 U.S.C. §§ 4000 et seq., through the National
Flood Insurance Program, offers flood insurance for private homeowners
and other landowners who develop lands in coastal areas (provided
local communities adopt land use and control measures to minimize
losses due to flooding).
These programs and others have encouraged urban development in
Coastal Louisiana. Following floods, the federal government has
then been called upon to expend large sums of money on disaster
relief and to meet flood insurance claims. Moreover, the public
has appealed for expanded federal hurricane protection to enclose
former wetlands converted to urban development.
One suggestion offered for alleviating problems caused by urban
development is to enforce Floodplain Management and Wetland Protection
Executive Orders. These executive orders direct federal agencies
to avoid (to the extent possible) the adverse effects of occupying
and modifying floodplains and wetlands. A second suggestion is
to deny federal subsidies to developments in floodplains and other
wetland areas.
Federal Programs That Affect Agricultural Development
Several federal tax incentives and USDA programs have encouraged
conversion of wetlands to croplands in Coastal Louisiana. Under
the Internal Revenue Code, costs associated with wetland alteration
and development are tax deductible as business expenditures. Programs
sponsored by USDA that contribute to wetland loss include disaster
payments for crop losses, low-interest loans from the Farmers
Home Administration, and price supports for rice, soybeans, and
other crops.
Endangered Species Act
The Endangered Species Act (ESA), 16 U.S.C. §§ 1531
et seq., requires federal agencies to take steps to protect
species listed under the Act as threatened or endangered, and
to preserve their habitats as well. Recently, critical black bear
habitat in Coastal Louisiana was proposed for listing. Local residents
charged that the ESA process failed to provide sufficient communication
with the public prior to listing, resulting in misperceptions
about the implications of the listing among farmers and landowners
in Louisiana. State officials suggested that prior to any listing,
the Department of the Interior should meet with state and local
representatives to explain its ramifications and to say who might
be affected. If such meetings took place prior to listing in the
Federal Register, they would serve to minimize possible misperceptions.
However, bear habitat does not appear to impede the restoration
effort in any way.
A second criticism of federal efforts to protect endangered species
arose in connection with National Marine Fisheries Service measures
to protect sea turtles. A regulation finalized in December 1992
requires shrimp trawlers to comply with sea turtle conservation
measures in all areas throughout the year, including use of turtle
excluder devices or, in certain circumstances, limited tow times.
Turtle excluder devices are designed to prevent sea turtles from
entering shrimpers trawl nets. One local representative said that
because there are no sea turtles off the coast of Louisiana, these
requirements should not apply to Louisiana shrimpers, especially
because they are seriously damaging Louisianas shrimping industry.
The representative offered this instance to show that not all
regulations should be codified on a national level, and that agencies
should be flexible, delegating decision making to the lowest levels.
Pipeline Safety
For safety reasons, federal law requires burial of pipelines that
lie offshore or cross navigable waters. Under Title 49 U.S.C.
App. § 1672(h)(4), the Secretary of Transportation is required
to establish regulations requiring operators of offshore pipeline
facilities, and of any other pipeline facility posing a hazard
to navigation or to public safety because it crosses under, over,
or through navigable waters, to bury the pipelines at issue. The
deadline for compliance is 6 months after the condition of the
pipeline facility is reported to the Secretary of Transportation,
although the deadline can be extended to ensure compliance. This
law was criticized for failing to take into account or to provide
a mechanism for assessing potential environmental harm from burying
pipelines.
State Law Issues
The major obstacle to CWPPRA projects is the state land rights
issue. Several CWPPRA projects that are ready to be implemented
are currently being held up due to issues involving land rights
and public access. Private landowners say that lands upon which
CWPPRA projects are constructed with federal or state money would
be legally open to public access, and they object to public access
because of potential liability issues, such as those stemming
from injuries to the public that might occur on these lands.
Another state land rights issue involves ownership of lands built
up by accretion. Many interviewees noted that when land erodes,
ownership of the water bottom reverts to the state. But the reverse
is not the case, according to the state: when land is subsequently
built up as a result of a restoration project, ownership remains
with the state rather than reverting back to the private landowner.
Private landowners dispute this rationale. Land rights issues,
including oyster leases, are currently being addressed by the
state as part of a major revision of state policies and activities
related to restoration.
Oyster leases also pose a problem for restoration projects on
state and private land. When fresh marshes erode and brackish
water infiltrates the marsh, the area becomes suitable oyster
habitat. The state and many private landowners have leased such
lands to oyster growers. But as the marshes are restored, oyster
leaseholders will lose their livelihood and deserve to be compensated
for their loss, according to many interviewees. Some pointed out,
however, that oyster leases in the more interior areas are often
speculative, with little expectation of profitable oyster harvesting.
Anticipation of profits from compensation, however, might be great.
Legal Alternatives
Interviewees had two main suggestions for improving the legal
framework for future ecosystem approach initiatives:
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PUBLIC PARTICIPATION
The importance of continuous public involvement beginning early
in the restoration process was a predominant theme of discussions
with federal, state, local, and nongovernment stakeholders in
Coastal Louisiana. Stakeholders also pointed to the need for better
coordination and communication among the federal agencies involved
in the CWPPRA as a prerequisite to good two-way communication
with the public.
Background
As lead Task Force agency, the Corps has overall responsibility
for public involvement, in coordination with other federal agencies
and the state of Louisiana. Many public involvement activities
have been carried out since passage of the CWPPRA, including brainstorming
sessions that resulted in priority project lists of several hundred
possible projects, and a series of public scoping, basin planning,
and Task Force meetings.
Although not required under the CWPPRA, a Citizen Participation
Group was convened to advise the Task Force. The group comprised
16 members representing landowners, industry, agriculture, environmental
groups, public advocacy groups, and commercial and recreational
fishermen. The Citizen Participation Group received briefings
on first-priority list projects (table 2a) and on screening methods
for projects; the public also had the opportunity to review the
draft project lists. After deliberating on the projects, the Citizen
Participation Group responded to the Task Force.
Although very active at first, the Citizen Participation Group
has since become largely inactive, due to conflicts with Federal
Advisory Committee Act requirements and other factors. Currently,
it functions as a stand-alone committee, without strong links
to the Task Force or federal agencies.
The Task Force has also established the Wetlands Assessment Group,
the Monitoring Group, and the Research Committee. The first two
groups consist of one member from each Task Force agency. The
Research Committee was established under the auspices of the Louisiana
Universities Marine Consortium, and contracts with the Corps to
provide additional scientific input to the CWPPRA process. The
Committee is composed primarily of academic scientists.
Active coalitions and organizations involved with the CWPPRA include
Save Our Wetlands, the Coalition to Restore Coastal Louisiana,
and the Coastal Parishes Coalition. The latter was founded in
1992 by local governments, which felt out of the loop and wanted
to express their concerns to the agencies in a concerted voice.
Beginning on January 11, 1991, about 30 public meetings were held
around the state to provide input into the 3-year process of devising
the Restoration Plan. Other initiatives and programs, both governmental
and nongovernmental, have contributed to grassroots efforts in
Coastal Louisiana. As a result, there is a good deal of awareness
of environmental issues on the part of the average citizen. Citizens
are united behind the belief that the "no-action alternative
means we all lose." Although such initiatives as the Gulf
of Mexico Program and the National Estuary Program have had little
funding, they have brought citizens together in grassroots planning
and futuring exercises.
Interviewee Comments
Some interviewees remarked that because the CWPPRA "had come
from the people," they had expected the public to have more
of a voice in the process. The CWPPRA process is often perceived
to be run from the top down rather than from the bottom up. According
to many, no attempt was made to develop an overall vision for
each of the nine basins before the Task Force went directly to
planning projects for the long-term Restoration Plan. Partly due
to the very short timeframes for developing priority project lists
for each year, many projects seem disjointed. Some also noted
that the CWPPRA is really designed for small projects, not large-scale
ones.
In some cases, projects with much lower priority for the public
were chosen for funding. According to one interviewee, at the
Houma public meeting, people rejected the proposed project in
favor of other, much more critical ones. Many CWPPRA projects
do not seem to conform to state and local goals, in spite of the
project selection criterion that a project "have public support."
However, it was pointed out that the Task Force has a legally
mandated responsibility to select cost-effective projects; in
some cases, projects with strong local support may rank very low
in terms of cost-effectiveness.
The CWPPRA organization. Many interviewees voiced frustration
with the cumbersome CWPPRA structure, and with the extra layer
of bureaucracy that has been added. Several complained that there
were too many places to go for project approval, and that they
knew of no single repository of information or authority. By contrast,
they praised NOAAs Coastal Zone Management Program for allowing
the state to retain authority on permitting and other matters.
Many interviewees complained of a lack of interagency coordination:
the different agency mandates, they said, can result in agencies
working at cross-purposes. This lack of coordination seems to
be a particular problem in the implementation and monitoring phases.
Little or no information gets out to stakeholders and the public
after the planning phase.
Some interviewees noted the lack of a clear articulation of federal
procedure-they wanted to be told upfront which agency they needed
to work with. According to some, the CWPPRA works to maintain
the status quo: it avoids upsetting the missions of each agency,
even when things would then be done better. Others see a federal
presence as positive, providing the restoration process with the
power of federal law and the authority to arbitrate among competing
interests, to advance national goals, and to curb any corrupt
influences in the State. Some federal interviewees said that the
public does not realize the enormity of the restoration task,
and that producing a Restoration Plan for nine river basins was
a considerable accomplishment.
One interviewee suggested an alternative to the current CWPPRA
organization and process: all stakeholders should get together
at the very beginning of the process, decide on a process, trim
the organization as work progresses to keep it from growing cumbersome,
and finally delegate the lead on implementation to a small committee
or a single agency.
Human dimensions information. Issues and values of primary public
concern in restoration efforts are usually those with human dimensions;
yet human dimensions information has been virtually absent from
the decision-making process. Social scientists and appropriate
generalists (such as geographers and landscape architects) were
not brought into CWPPRA science and technical work groups, or
into the Task Force. Public involvement has focused on input into
planning and process, not on collecting human dimensions information
from the public. As a result, the environmental impact statement
for the Restoration Plan has not considered navigation issues,
economic displacement, and other critical factors in analyzing
possible alternatives. Governments failure to compensate for land
lost to the tax base has a substantial impact on local communities.
Failure to take this impact into account greatly concerned some
of the parish representatives interviewed.
Federal agencies were called insensitive by some for condemning
marsh management as a real tool, without realizing the extent
to which it is imbedded in Coastal Louisiana culture. Landowners
use marsh management techniques to protect investments and limit
risk, a human dimensions concern that should be considered. In
addition, the public expects to have free access to lands where
federal dollars are spent on projects, such as lands of the Louisiana
Land and Exploration Corporation.
Agencies were suspected of aversion to the risk of incorporating
human dimensions information and public opinion into what should
be "application of the best science available." Agencies,
some interviewees felt, suspected a hidden agenda on the part
of private industry, and were therefore unresponsive to academics
and private industry representatives, despite the cutting-edge
ideas they might have to offer. Agencies were also charged with
relying too much on cost-benefit analysis in the selection of
projects, and with aversion to using other valuation methods.
Some federal and nongovernmental organization (NGO) interviewees
said that scientists seemed preoccupied with science and seemingly
unconcerned about human dimensions problems or agency limitations.
They raised questions about what the appropriate science is for
addressing management issues.
Technology exists to save Coastal Louisiana, in the opinion of
some. But with 80 percent of Coastal Louisiana in private hands,
problems with land title, private property rights, liability issues,
and other potential impediments to public acceptance of restoration
measures should be resolved before technology implementation can
succeed.
Public education. The CWPPRA has had a strong orientation toward
project implementation, with no funds authorized for public education.
According to one interviewee, the La Branch project (the first
completed under the CWPPRA) has no interpretive materials for
the public. One interviewee said that public involvement has been
largely limited to inviting the public to project dedication ceremonies.
According to many interviewees, community relations and public
education efforts have not been good. One interviewee observed
that the perception on the street is that nothing has come of
all the CWPPRA dollars spent, and that federal agencies are taking
over what is largely a state responsibility, usurping power from
the citizens. Some in the public reportedly believe that agencies
like the National Marine Fisheries Service would like to see more
wetlands lost to open water in order to extend their jurisdiction.
Several interviewees mentioned that there was little or no public
education prior to public meetings, and that this made it difficult
for the public to participate in them. It seems that the concept
of tradeoffs has not been adequately explained to the public:
the policy of preventing net wetland loss may have created the
public expectation that agencies can hold onto every existing
acre of wetland. It should be explained that under the policy,
some wetlands will be lost, but that accretion in other areas
will make up for the loss. It is also necessary to communicate
such important concepts as constant change and uncertainty. There
is no way to freeze current conditions, to predict with great
certainty even using very sophisticated computer models, or to
recreate exactly what people remember as Coastal Louisiana.
The Marsh Management Workshop, held in mid-August 1994, was cited
by many interviewees as an extremely productive meeting of private
citizens with state and federal representatives. People were impressed
that top EPA officials showed up at the meeting, and that EPA
seemed genuinely interested in improving the situation in Coastal
Louisiana. The workshop seemed to change somewhat the public perception
that federal agencies firmly oppose marsh management, a technique
long used by landowners in Coastal Louisiana. The National Estuary
Program was also praised by several interviewees for its outstanding
public education components.
Fairness. Public involvement efforts were criticized by some local
government and NGO interviewees as inadequate and unfair. Others,
special interest groups that seemed to be key stakeholders with
the right contacts and experience in getting information, expressed
more satisfaction with the public involvement process.
According to some, the public sees a double standard: federal
agencies can get away with practices forbidden to state and private
interests. For example, according to one interviewee, the Corps
can get categorical exclusions for some of its projects, but landowners
may have to wait years to get their projects permitted.
Communication. Communication problems seem to have plagued CWPPRA
efforts from the beginning, and there seems to be no overall plan
for communicating with the public. Some who had wanted to attend
Task Force meetings did not know until the evening before where
and when the meetings would be. One major stakeholder said that
all her agency got was "a notice in the Federal Register."
A few interviewees observed that the public meetings they attended
were almost entirely informational (consisting of slide shows,
presentations by planners, and similar activities), with little
time for exchange of views. As for interagency communication,
some interviewees said that the CWPPRA has gotten some agencies
together for the first time, and that although there are problems,
the agencies have made real headway in working together. Purely
state law issues were brought up for the first time, as well.
Accountability. The problem of government failure to respond adequately
to public concerns was mentioned by a few interviewees. One asked
whether all the data gathered from the public during the formation
of the no-net-loss policy had been forwarded to the new Clinton
administration. Others said that agencies seemed to disappear
for periods of time, failing to report back to the public on how
input was used in making a decision, or even what the decision
was. One interviewee called for more followup efforts in communicating
with the public, and for better display of a participatory attitude
encouraging the public to "keep working with us."
Access. Several interviewees mentioned the inconvenience of meeting
locations, saying that they had to drive great distances to be
meaningfully involved in Task Force or Citizen Participation Group
meetings. One interviewee observed that attendance is a problem
at regional meetings, and that the only way to get to the public
is to go to locations where the public is present.
The CWPPRA agencies appear to have done a good job of identifying
and contacting stakeholders. In some areas, however, the 30 public
meetings held during the restoration planning process were insufficient,
given the complexity of the issues and the high level of interest
on the part of landowners. Public involvement efforts should be
resumed, and at a high level. Tribal rights might become a bigger
issue, particularly if the Department of the Interior decides
to officially recognize the Houmas as an Indian tribe.
Some interviewees, complaining of having to wade through huge
documents that they did not understand, called for good summary
documents. Scientists, they said, "dont talk in plain English,"
and sometimes appear arrogant at public meetings. There is the
added frustration of not having expected outcomes explained early
enough in the process, at least not in a way that average citizens
can understand.
Some scientists complained about being put off by the agencies,
which told them to "go away, we havent started monitoring
yet." One scientist complained about the narrow scope of
feasibility studies and the monitoring program, saying that they
should go beyond the project level to encompass the entire basin
or ecoregion. According to some, scientists did not support the
CWPPRA because, in their opinion, many priority list projects
that the public helped identify did not make ecological sense.
The Federal Advisory Committee Act (FACA) was mentioned repeatedly
as a real obstacle to good public involvement. After getting off
to a good start, the Citizen Participation Group had to be abandoned
because of FACA constraints; citizens have come to the conclusion
that it is no use coming to meetings or trying to advise federal
agencies, because their input will not be used. Some federal interviewees
were equally frustrated, knowing that many public involvement
activities (such as charettes, Delphi techniques, regular meetings
with stakeholders, and others) run a real risk of violating FACA.
Timeliness. Private property issues are particularly hot in Louisiana.
Several interviewees complained that federal agencies failed to
approach landowners early in the process to get their opinions
or to obtain specific information, such as where access to their
holdings is needed for crude oil extraction. According to many
interviewees, agencies tended to draw up their plans for projects,
then go to landowners for rubberstamping. One interviewee said
that if landowners had been included earlier in the process, some
of the infeasible projects would not have made the list.
Some complained that the process is too slow, and that agencies
are not responding quickly enough to the loss of 25 square miles
of coastline each year. One interviewee said that "as we
drive from the Task Force meeting in New Orleans back to Houma,
we see the water lapping at the highway."
The "can-do" attitude and antiresearch bias of some
federal and state agencies were brought up as real problems. Already
treated with suspicion by some government stakeholders, scientists
were brought in too late in the process, when frustration was
already high.
Leveling the playing field. Some interviewees remarked that they
did not have the background to participate fully in the restoration
process, and that some kind of leveling was needed. They simply
felt overwhelmed by the "mega-agencies" and their operations,
and by the whole concept of the ecosystem approach. The right
people, they said, were needed around the table to discuss one
or two issues-but not a hundred different issues. A few interviewees
said that "basin" or "watershed management"
would be a much easier term for the public to deal with than "ecosystem
management."
Some interviewees said that the level of public involvement was
fine, but that corrective mechanisms were needed to prevent recurring
mistakes. Some parishes and interests are very powerful and well
organized, they said, while others barely function. One key stakeholder
noted that the public can get involved if it wants to, although
it takes the patience to attend meetings and get information,
and also strong advocacy skills.
The NRCS was praised by many interviewees as a federal agency
that provides the correct balance of exercising federal authority
and promoting grassroots leadership. The Coastal Zone Management
Program was also praised for keeping power at the state level
through the establishment of a state commission with permitting
authority.
Public Participation Alternatives
Based on their comments and concerns, interviewees offered the
following suggestions for improving public participation in the
CWPPRA process:
|
× Use facilitated negotiation
and consensus-building techniques to build upon current efforts
to develop visions for each basin and to resolve conflicts among
various interests. |
SCIENCE AND INFORMATION
The role of science in defining problems, assessing options, and
designing solutions has been exceptionally prominent in Louisiana.
Scientific data on land loss, effectively presented, provided
the common focus that led to the CWPPRA. Ecological restoration
science and techniques will be among the final determinants of
CWPPRA success. Scientific assessments have made several key contributions
to the CWPPRA process, and an admirable commitment to short- and
long-term monitoring has been made. The public, too, appears well
informed on the main scientific issues.
The prominence of science in the CWPPRA process has led to close
scrutiny of its role and to substantial debate surrounding it,
among both scientists and nonscientists. Debate is not about whether
the CWPPRA process uses (or should use) science, but rather about
how much, how well, and specifically where it utilizes (or should
utilize) science and scientists. Among academicians, agency scientists,
and many others, our interviews revealed intense interest and
strong opinions about the science that is (or should be) involved
in CWPPRA decisions. Opinions vary on the sufficiency and certainty
of the scientific basis for some actions. Many respondents voiced
the need for more effective communication between scientists and
managers, more effective involvement of independent scientists,
and a need for research and monitoring support to help evaluate
restoration project effectiveness.
The survey team attempted to determine prevailing opinions on
the role of science, scientific quality and gaps in the science
base, and the effectiveness of information management and flow.
We used interviews as our main source of information, and although
we briefly reviewed several of the better-known scientific reports
and assessments, we did not conduct a comprehensive literature
review. Findings are summarized below under six headings: the
state of scientific understanding; assessments; the role of science
in decision making; monitoring; the state of information systems;
and how to improve science and information management.
State of the Science
Opinions on the status of scientific understanding varied widely,
often aligning to some degree with the profession of the respondent.
For example, many nonscientists appeared to be disinterested in
research, considering it unnecessary because there was sufficient
scientific basis for action. For their part, some academic scientists
deplored a perceived reluctance to fund research that would answer
basic, still-unresolved questions. The bulk of our interviews
seemed to indicate that there is enough understanding of the ecosystems
processes and problems, as well as their causes and potential
solutions, to proceed with an adaptive management approach that
accepts the need for midcourse corrections. Despite many pleas
for research addressing key gaps in understanding, no one suggested
delaying action until we have "enough" science. The
"no-action" alternative is clearly inappropriate.
Under closer scrutiny, some uncertainty does appear in many areas,
including ecosystem components and processes, ecosystem problems,
possible causes of the problems, and restoration options.
Ecosystem components and processes. Some components and processes
of the ecosystem are better understood than others. The basic
ecosystem characteristics and functions, including delta dynamics
and salt, brackish, and fresh tidal marsh extent, patterns, and
functions, are well understood overall. Individual basins, however,
were cited as unique by some scientists, who argued that ecological
processes and predicted impacts in one basin may not translate
effectively to another. For example, the degree to which different
wetland types require mineral sediment accretion and organic soil
formation, and in what proportion, is not entirely resolved.
Ecosystem problems. Land loss is well documented, although studies
of land loss rates by the Corps and Fish and Wildlife Service
arrived at different conclusions (25 and 35 square miles
per year, respectively). However, all agree on the land loss trend.
Wetland alteration, mainly consisting of saltwater intrusion and
attendant shifts in vegetational composition in formerly fresh
marshes, is not well documented qualitatively or quantitatively,
partly because this impact is not as amenable to rapid assessment
through remote sensing techniques (as is land loss). The dynamics
of fresh and brackish vegetation communities under shifting salinity
regimes and competition are not entirely understood.
Causes of ecosystem problems. The most prominent problems (land
loss and wetland hydrology/salinity alteration) are largely due
to multiple causes. Causes are well known, but relative contributions
to the total effect are somewhat uncertain. There is strong evidence
that the loss problem is linked much more to subsidence without
sediment replenishment than to erosion, filling, or draining.
Oil and gas withdrawal may increase subsidence rates near shallow
oil and gas fields, but there is some debate as to whether the
effects are far reaching. Sea level rise relative to subsidence
could be a significant factor if episodic, but this is untested.
Delta and channel characteristics have a major influence on sediment
availability and fate. Levees physically prevent overbank flooding
that might replenish sediments in many areas. The Mississippi
delta is a birdfoot type, with deep channels prone to shunting
sediment loads directly into the gulf instead of depositing them
across a broad fan. Curtailment of riverine sediment supply to
the wetlands presents the dominant long-range threat to their
survival. There appears to be a growing consensus that reestablishing
flow and sediment distribution by the Mississippi River delta
channels must be a major part of the solution.
Restoration options. Predicting the results of specific restoration
techniques appears less well understood and deserves more study.
This is particularly critical to a successful ecosystem approach
in Louisiana: among the seven survey sites discussed in this volume,
the Louisiana coast is uniquely dependent upon successful ecological
restoration rather than protection and management. In this and
other areas of some uncertainty, gaps in understanding are for
the most part already identified and can be addressed through
specific, well-focused research projects.
Valuation of the different components and functions of an ecosystem
is often difficult, and there is little consensus on methods.
Values related to ecological sustainability are poorly represented
in traditional economic analysis methods. Quantifying wetland
values was seen as particularly challenging. The Task Force uses
the Wetland Values Assessment to evaluate CWPPRA proposals and
projects in terms of average annual habitat units created. However,
Boesch and others (1994) found the Wetland Values Assessment to
be a very restricted assessment method that discounts many wetland
attributes and functions beyond fish and wildlife habitat. In
general, more comprehensive valuation methods (including consideration
of economic and social concerns) are needed to fully represent
the Louisiana coastal ecosystem in order to improve the CWPPRA
process and, in particular, to ensure that its project priority-setting
supports a long-term, sustainable vision for the Louisiana coastal
ecosystem.
Finally, the restoration planning process could be improved by
gaining consensus on a set of indicators of ecosystem health.
The immediacy of wetland loss has so dominated the CWPPRA process
that reducing marshland loss rates appears to be the only indicator
of success-perhaps justifiably so, for now. However, other potentially
appropriate indicators could include demographic trends, sustainable
resource harvests, economic measures reflecting recreational use,
various physical, biological, and chemical measures of health
in the river and gulf, and other diverse but highly relevant aspects
of Louisiana coastal ecology and culture. Whether under the CWPPRA
or a broader effort to implement the ecosystem approach, a more
comprehensive suite of indicators could help define and guide
the overall vision of the future Louisiana coastal ecosystem.
Assessments
The term "assessment" is subject to different interpretations;
we considered an assessment any study of broad scope that translates
scientific information into policy-relevant findings and actions.
At least three different types of assessments have played very
important roles in Louisiana. The earliest and most important
assessments documented coastal land loss rates, inspiring decisive
action in the form of the CWPPRA. A second type of assessment
includes the several restoration planning and feasibility studies
that assess and help assign priority to different management options.
A third type of assessment used in Louisiana examines the environmental
management process, evaluating its scientific soundness and results.
Several assessments and planning studies have been completed.
The 1993 Restoration Plan developed by the Task Force under the
CWPPRA provides a basis for all restoration projects funded by
the CWPPRA. The "Scientific Assessment of Coastal Wetland
Loss, Restoration, and Management in Louisiana" (Boesch and
others 1994) was sponsored by private foundation funding and compiled
by a panel of environmental scientists experienced in studying
the Louisiana coast, but without active involvement in the research
or management activities underway in Louisiana. A primary purpose
of this assessment, published as a special issue of the "Journal
of Coastal Research," was to review and evaluate the Restoration
Plan and its related monitoring strategy. Many more specific assessments
have been completed, such as the Atchafalaya Feasibility Study
and the Mississippi River Gulf Outlet Bank Evaluation Study. The
CWPPRA Task Force also assesses individual restoration proposals
for priority ranking. The Governors Office (1994) has very recently
issued an economic and environmental blueprint for Coastal Louisiana.
This document may provide the broader vision many interviewees
described as insufficient in the CWPPRA process, but it appeared
to be too new for many interviewees to express their opinions
on it.
The Boesch assessment, as an independent, scientific review, contains
several important insights on where improvements can be made to
the Restoration Plan. One of this assessments most valuable contributions
was to issue an unbiased, expert judgment on scientific areas
where consensus prevailed and on those where uncertainty was significant.
Based on its evaluation, the independent assessment panel offered
many suggestions. The assessment indicates that the Restoration
Plan, and the CWPPRA in general, are oriented toward local and
basinwide scales, and need a stronger, clearer vision of overall
ecosystem health to drive individual project decisions and priorities.
Many scientists, both agency and private, echoed this opinion
in our interviews.
Role of Science in Decision Making
Scientific data have been very influential in many management
actions concerning the Louisiana coast. But the importance of
science in decision making over the lifetime of the CWPPRA has
received mixed reviews. Competition between government and nongovernment
scientists seems evident, with nonfederal scientists pointing
to the continued need for a CWPPRA mechanism to engage the independent
scientific community in a comprehensive way.
Many scientists expressed dissatisfaction with the current level
of influence that scientific information has on the CWPPRA process.
They cited, for example, limited peer review opportunities, deficiencies
in the role of scientists in project priority ranking, inadequate
monitoring protocols, and the absence of a unifying, scientifically
based vision for a sustainable coastal ecosystem and its management.
Some renowned wetland scientists were reportedly alienated by
the CWPPRA due to the absence of opportunities for meaningful
involvement. Others, however, pointed with pride of accomplishment
to the influence of academic scientists on early CWPPRA decisions
and activities. This suggests, at least in part, that the role
of scientists with different affiliations in the CWPPRA process,
as well as the role of scientific information itself, are both
somewhat controversial. It appears that better collaboration among
agency scientists, academic scientists, and consultants could
address both problems, fully exploiting the range of possible
contributions from the scientific community at large.
Monitoring
Monitoring is widely recognized as an integral part of identifying
the Louisiana coastal ecosystems problems and planning, and of
tracking the ecosystems restoration. Retrospective monitoring
of time series of historical aerial photographs and land loss
rate calculations using geographic information systems were instrumental
in the passage and funding of the CWPPRA. The CWPPRA now requires
monitoring on a site-specific scale as part of each restoration
project, with about 5-7 percent of the project budget devoted
to this requirement. Many managers and scientists, and the law
itself, support the idea that monitoring the Louisiana coastal
ecosystem should be a commitment with a timeframe of decades to
be effective.
Despite consensus on the necessity of monitoring, there are differences
of opinion on how monitoring should be carried out. Although most
scientists agreed that project-specific monitoring is appropriate,
some indicated the need for a coastwide monitoring design to track
and guide system recovery on a broader scale. However, costs of
such a monitoring approach, it was pointed out, would likely be
considerable. Opportunities for cost-effective collaboration on
large-scale monitoring may be possible if existing federal monitoring
programs, such as the USDAs National Resources Inventory, NOAAs
Coastal Change Analysis Program, or EPAs Environmental Monitoring
and Assessment Program, will cooperate with the CWPPRA Task Force
and the state.
It was clear that federal and state agencies predominate in carrying
out monitoring under the CWPPRA. Although centralized design and
oversight is appropriate, the CWPPRA may not be using university
programs and volunteer citizens monitoring potential to full advantage.
The major concerns have been quality control and maintaining consistency
and institutional memory over the 20-year time frame of CWPPRAs
monitoring plans. Although these are valid concerns, they are
not insurmountable. Simple monitoring protocols, training, and
quality assurance audits may be sufficient to enable the development
of a useful volunteer monitoring component. Through negotiations
with academic institutions, long-term agreements can be designed
that will not only foster supervised involvement of graduates
and undergraduates in the monitoring process, but also train a
generation of monitoring professionals capable of staffing agencies
and organizations involved in implementing the CWPPRA.
Whether on site-specific, basinwide, or coastwide scales, monitoring
is crucial to adaptive managements ability to make midcourse corrections.
The most valuable monitoring is clearly and explicitly linked
to the primary objectives of the overall management effort, as
well as to that of the project at hand. For example, one of the
most important needs for CWPPRA monitoring is to closely track
the rates of marshland accretion attributable to each restoration
technique. Several interviewees called for improving the CWPPRA
process through clearer expression of its overall objectives,
and through strengthening the monitoring component and its linkage
to these objectives. For example, marsh management practices differ,
depending on management or use objectives for the habitat: managing
wetlands for waterfowl may be very different than managing wetlands
for other purposes, such as maximum biodiversity.
Information Systems
Information management and data base issues appear to be secondary
to science issues. However, to the extent that information transfer,
data sharing, and communications are also information management
issues, they are critical to the CWPPRAs success and show room
for improvement.
Although there are many types of data bases and data management
systems, the nature of the Louisiana coasts problem is uniquely
suited to spatial data bases, and specifically geographic information
systems. Remote sensing and geographic-information-system-based
techniques for measuring land loss and change have been critically
important in documenting the magnitude and rate of coastal land
loss. Projections of possible coastal scenarios are effectively
developed and communicated to a broad audience through geographic
information systems. Spatial data bases are appropriate for tracking
the multiple project sites of the CWPPRA, individually and collectively.
Measuring and documenting land restoration will continue to involve
remote sensing and use of geographic information systems during
the recovery process. Geographic information systems, however,
remain data-limited and do not serve all purposes equally well;
for example, the salinity gradients that are important to fresh
and brackish marsh restoration have not yet been represented well
using geographic information systems.
The most outstanding geographic information system data holdings,
hardware capacity, and expertise are in four locations: the National
Biological Services Southern Science Center in Lafayette, Louisiana;
the Louisiana Department of Natural Resources in Baton Rouge;
Louisiana State University; and the Corps New Orleans District
Office. Many other participants have smaller systems, but the
proliferation of geographic information system technology can
be expected to involve more and more stakeholders in the development
and exchange of geographic information system data on the coastal
zone.
There is typically room for improvement in technical information
transfer in any large science-based program. The public and interested
managers who are not scientists are often isolated from key scientific
information, either through the complexity of information systems
design or the absence of translations into common English. There
is considerable interest in scientific information concerning
the Louisiana coastal ecosystem, and a premium should be placed
on developing user-friendly modules for the CWPPRAs major data
centers. Effective public information access can be achieved through
hotlines, computer bulletin boards, newsletters, videos, and PC-based
interactive programs. The benefits may be measured in terms of
grassroots support and easier communications between managers
and scientists concerning key CWPPRA decisions.
Science and Information Alternatives
Interviewees had the following suggestions for improving science
and information to facilitate the CWPPRA process:
|
OBSERVATIONS AND RECOMMENDATIONS
After careful deliberation on the results of its study on the
ecosystem approach activities in Coastal Louisiana, the survey
team has chosen the following as its most important observations
and recommendations. Some pertain specifically to the CWPPRA,
but many draw from what was learned in Louisiana to address the
ecosystem approach in general.
Program Support
|
The Great Lakes basin is one of seven ecosystems identified by
the Interagency Ecosystem Management Task Force for study of activities
to implement the ecosystem approach. The Great Lakes ecosystem
is an excellent choice, partly because it comprises an enormous
geographic area, encompassing subsystems on multiple scales-basinwide,
lakewide, and local. The multiple scales and the numerous problems
on the Great Lakes have generated interest on multiple levels-from
governments, institutions, and citizens. Perhaps most importantly,
the Great Lakes community has been promoting an ecosystem approach
to managing environmental problems at multiple scales since the
1970s, when the United States and Canada signed the Great Lakes
Water Quality Agreement governing Great Lakes protection and restoration
activities. This agreement serves as a model for other efforts
to implement the ecosystem approach.
An interagency survey team appointed by the Interagency Ecosystem
Management Task Force performed this study, based on several information
sources: interviews conducted in Chicago, Illinois, and Ann Arbor,
Michigan; telephone interviews; and written materials provided
by federal and state officials, and by representatives of tribal
organizations, nongovernmental organizations (NGOs), academia,
industry, and the International Joint Commission. This study reflects
what survey participants said, or what was stated in materials
provided by them. It does not reflect the views or legal position
of the team, except where explicitly stated.
Most participants in this case study emphasized that their idea
of the ecosystem approach is based on a place-based approach.
It focuses on problems locally-where people have pride of ownership
of their ecosystem-and is built on public participation. Interviewees
stressed the need for a bottom-up approach to ecosystem management:
they want guidance and support from the federal government, not
direction. Specifically, what they want from the federal government
is sustained commitment, technical assistance, smooth interagency
coordination, and policies that are consistent with local goals.
BACKGROUND
Although a good ecosystem approach is based on a bottom-up approach,
early efforts were facilitated at high levels. One forum for basinwide
discussion was already established under the International Joint
Commission, established by the Boundary Waters Treaty of 1909,
which is responsible for overseeing U.S. and Canadian efforts
under the Great Lakes Water Quality Agreement of 1978, as amended
by protocol in 1987. This agreement calls for efforts at multiple
scales-for example, Lakewide Management Plans for whole-lake problems
and Remedial Action Plans for specific concerns. Other discussion
forums, such as the Great Lakes Fishery Commissions Lake Committee
structure, have come to play increasingly important roles in the
basin. Another major element in fostering an ecosystem approach
was the science base established by research programs already
underway. A third factor was the publics focus on the endangered
resource. The Great Lakes were threatened by many highly visible
crises, including fish kills, eutrophication of Lake Erie, the
burning Cuyahoga River, and introduced species. In contrast to
other ecosystems, restoration efforts were not initiated primarily
in response to litigation.
Even though the ecosystem approach in the Great Lakes is a success
story and model for similar efforts elsewhere, many barriers remain
to frustrate its implementation, including: knowledge gaps with
respect to species, population, community, and guild interactions
within the Great Lakes basin; failure to integrate basinwide planning
efforts from a multidisciplinary and multi-interest perspective:
a complex binational web of lack of coordinated budgeting and
planning on an ecosystems basis among agencies; fiscal allocations
based on governmental appropriation cycles that are years to decades
shorter than the time scale of problems being addressed; agency
obligations to commit personnel and other resources to existing
programs; lack of agency personnel resources and commitment to
provide expertise and support; and national policies that are
inconsistent with ecosystem goals and objectives.
Great Lakes Ecosystem
With an area of 95,000 square miles, the Great Lakes system is
the worlds largest body of surface freshwater. Reaching far into
the continent, this natural resource has long supported essential
habitats for many of North Americas plant and animal species.
Multitudes of birds pass through the Great Lakes on their seasonal
migrations. The Great Lakes yield a rich bounty to fishermen.
Thirty-five million people live in the Great Lakes basin, and
millions of Americans and Canadians rely on the Great Lakes for
drinking water, economic vitality, and recreation. Many U.S. and
Canadian industries rely on them as an important commercial waterway.
In many ways, the five Great Lakes can be considered freshwater
seas. They contain about 18 percent of the worlds surface
freshwater and 95 percent of the surface freshwater of the
United States. The Great Lakes basin includes parts of eight states
and the Province of Ontario (figure 1) and a variety of ecoregions
(figure 2).
The northern part of the region is heavily forested, particularly
by conifers. The soil is generally thin and acidic, covering an
ancient bedrock called the Laurentian Shield. Principal industries
are timber, mining, and hydroelectric power. In the south, soils
are deeper and fertile, the temperatures are warmer, and the population
is much denser. Vast wetlands and deciduous forests have generally
been replaced by agricultural, industrial, and residential landscapes.
Lake Superior has the largest surface area of any freshwater lake
in the world. It is the third largest in volume, trailing only
the immensely deep Lake Baikal in Siberia and Lake Tanganyika
in Africa.
*****
Figure 1.-The Great Lakes basin covers parts of eight states and
the Province of Ontario and is home to 35 million people. It contains
187 percent of the worlds surface freshwater and 95 percent of
the surface freshwater of the United States.
*****
Lake Superior holds just over one-half of the water of the entire
Great Lakes system. Lake Michigan is the only Great Lake completely
within the United States. Lake Huron, the second largest in surface
area, is slightly larger than Lake Michigan. Lake Erie is the
southernmost of the Great Lakes. Its waters are the warmest in
summer and most productive biologically, supporting abundant fisheries.
Eries watershed is the most agricultural, most urban, and least
forested of all the lakes. Lake Ontario has the smallest surface
area, but contains more than three times Lake Eries water volume.
The Canadian population within Lake Ontarios watershed is about
twice that of the comparable U.S. population, and has increased
significantly during the 1970s and 1980s. Canadas largest industrial
region lies along the western and northwestern shores of Lake
Ontario.
An important characteristic of the Great Lakes is their clarity.
Before Europeans began to settle the region around 1800, the Great
Lakes contained little phosphorus, were rich in oxygen, and were
very clear except in shallow waters. These conditions existed
because the shorelines were rimmed by forests and wetlands, allowing
little nutrient runoff to stimulate production of floating algae.
Excessive nutrient loading results in excessive algal growth and
can cause rapid eutrophication of a lake. Despite todays level
of development, most of Lakes Superior and Huron remain very clear,
as do parts of the northern basin of Lake Michigan. Lakes Erie
and Ontario, as well as Saginaw Bay in Lake Huron and Green Bay
in Lake Michigan, were subjected to rapid eutrophication.
*****
Figure 2.-The multiple ecoregions in the Great Lakes basin support
essential habitats for many of North Americas plant, fish, and
animal species.
*****
At the onset of the 20th century, the watershed had a population
of slightly more than 10 million. As of the 1986 census, the region
had 35 million residents-27.5 million U.S. citizens and 7.5
million Canadians. The Lake Superior and Lake Huron watersheds
are sparsely inhabited. The southern and southwestern shore of
Lake Michigan, the Canadian shore of Lake Ontario, and the U.S.
side of Lake Erie are heavily populated. The third and sixth most
populated U.S. metropolitan areas (Chicago and Detroit) and the
largest Canadian metropolitan area (Toronto) are near the lakes.
Native American tribes also reside in the region, with 5 reservations
bordering the Great Lakes on the U.S. side and 14 on the Canadian
side.
Nonindigenous nuisance species, such as the sea lamprey, zebra
mussel, ruffe, spiny water flea, purple loosestrife, and Phragmites,
continue to threaten the indigenous living resources in the Great
Lakes. In addition to the threats that nonindigenous nuisance
species pose, water level regulations, channelization, hydropower
dams, shoreline structures, and filled wetlands challenge indigenous
species at various stages in their life cycles.
Perspectives on a Great Lakes Ecosystem Approach
The living resources in the Great Lakes must be carefully managed
to ensure maximum public benefit while guaranteeing their perpetuation.
The goals and objectives of the international cooperative efforts
between the United States and Canada will be realized as the health
of fish and wildlife resources improves. Restoration goals for
the Great Lakes basin will be met when viable and productive stocks
of indigenous and other desired fish species are available, bald
eagles successfully reproduce and inhabit shorelines, mink and
otter reinhabit suitable shorelines throughout the basin, chemical
and other stress-induced deformities in fish and wildlife are
reduced to normal background levels, and fish and wildlife can
be consumed with little or no risk to human health.
The complexity of the Great Lakes ecosystem is matched by the
complexity of the institutional framework in place for Great Lakes
management. The Great Lakes system is managed at many levels,
from municipalities to national governments: two federal governments,
eight states, Native American tribes, and two provinces share
responsibility in the system, along with municipalities, county
boards, and regional and international bodies such as the Great
Lakes Fishery Commission, Great Lakes Commission, and International
Joint Commission. Adding to this management complexity is the
diversity of interests represented by research institutes, universities,
citizen groups, businesses, and private individuals within the
Great Lakes basin.
Adoption of an ecosystem perspective in the stewardship and rehabilitation
of Great Lakes resources is widely recognized as crucial for the
future of the system. Current resource assessments and research
and management tools alone are inadequate to evaluate changes
in large, complex ecosystems. New tools must be developed as an
outgrowth of partnership efforts to identify ecosystem impairments,
focus rehabilitation efforts, adaptively manage resources, and
monitor results.
Restoration of the Great Lakes is a complex process requiring
the cooperation of local, city, county, state, provincial, Native
American tribal, and federal agencies in addition to many conservation
and public interest groups. Within a governmental agency, there
can often be dramatic differences in how the resource management
and environmental sections within the agency approach Great Lakes
issues. In the future, environmental, fish, and wildlife managers
must overcome substantial challenges. Differences in mandate,
perception of priorities, and style of management create major
institutional impediments to systematic and comprehensive coordination
of ecosystem management. Many of the current problems are, in
fact, the unintended consequences of uncoordinated management
of water quality, fisheries, shipping, and human developments
in the Great Lakes basin. Concepts of responsible resource use
and management and biological conservation should not be at odds,
but should be integrated via partnerships to meet future needs.
Information exchange and cross-program forums should be established
to encourage management and environmental policies to be endorsed
as one.
Although coordination of water quality and fish and wildlife management
is necessary for progress in implementing ecosystem management,
it is not sufficient. Water quality and fish and wildlife management
issues are themselves imbedded in a hierarchy of other management
decision-making and social and economic developments. It is important
to recognize that a systematic and comprehensive approach to the
restoration of the ecosystems of the Great Lakes requires joining
ecological restoration and human development at spatial and temporal
scales that are beyond human experience. The integrity of the
Great Lakes ecosystems is affected by activities far outside the
basin.
Economy
During the past 300 years, various industries have boomed in the
Great Lakes region. Fur trapping thrived from the last half of
the 17th century until the early 19th century. The Great Lakes
and St. Lawrence River were a pathway to the Atlantic coast for
canoes laden with animal pelts destined for customers in Europe.
Many early settlements were fur-trading posts, including Chicago,
Detroit, Duluth, and Green Bay.
As the beaver fur industry declined with the animals population,
early settlers began harvesting trees on a large scale. Commercial
logging began in the 1830s with the advent of steamships and the
opening of the Erie Canal, which provided access to eastern markets.
The heyday of lumbering was from 1850 to 1900.
The Great Lakes lumber industry ran out of trees early in the
20th century. Because climate and soils of the North Woods and
the Laurentian Shield generally are not conducive to farming,
little of the cleared forest was converted to agriculture. Gradually
the forests returned to much of their former domain in the northern
half of the region, although the trees are much younger and smaller
than their predecessors. Today, these woods are harvested for
paper. The paper industry, which started in the 1860s, is still
important in both the United States and Canada.
The mining industry grew concurrently with the lumber industry
and remains important today. In 1845, rich iron ore was found
in the Marquette Range of Michigans upper peninsula. Additional
iron ranges were later discovered in Minnesota and Wisconsin.
In 1855, completion of the Sault Canal opened Lake Superior to
shipping of iron ore and permitted these ranges to be mined. Iron
ore from the mineral-rich Lake Superior watershed helped to make
the Great Lakes region a center of iron making, steel making,
and heavy manufacturing.
Oil became another significant industry. The worlds first oil
was tapped in the northwestern Pennsylvania town of Titusville
in 1859. Oil was later found in three locations: Midland, Michigan;
Toledo, Ohio; and northeast of Lake St. Clair.
The automotive industry, born in the Michigan triangle bounded
by Lansing, Flint, and Detroit, supplanted the carriage industry
that once thrived there. Detroits population soared almost 400 percent
between 1890 and 1920. Industries associated with the automotive
business, such as tool and die making, machining, aluminum, and
rubber were drawn to the area. Proximity to the steel industry
attracted appliance and agricultural equipment manufacturers.
Proximity to industrial customers and brine wells in southeastern
Michigan attracted chemical manufacturers.
During the 1970s and early 1980s, foreign competition and rising
energy costs caused profit and job losses in Great Lakes heavy
industries, especially in the United States. Demand increased
for fuel-efficient cars made of lighter materials, such as plastics
and aluminum, as alternatives to steel. During the 1970s, Detroit
lost 20 percent of its residents. In the early 1980s, about 1
million manufacturing jobs disappeared in five Great Lakes states.
However, heavy industries such as mining, steel, machine, tools,
and cars remain important. Today, manufacturing is still the economic
mainstay in most Great Lakes states and Ontario.
Agriculture is another productive element in the regional economy.
During the 19th century, cheap land, ample top soil, flat terrain,
and railroads that brought crops to distant markets contributed
to extraordinary agricultural productivity in the American Midwest.
Agricultural output within the U.S. Great Lakes watershed has
increased during the last 40 years, although farm acreage has
actually decreased by one-third. Cropland accounts for 18 percent
of the land in the U.S. counties of the watershed, predominantly
in the south. Corn is the largest crop (42 percent of farm acreage),
followed by soybeans (24 percent) and small grains, especially
wheat (17 percent). Dairy products, fruits, vegetables, and
tobacco are also farmed.
The Great Lakes are a source of drinking water to millions. Industries
use water to make products and for cooling in manufacturing processes.
Some rivers are harnessed to generate electricity; up to one-half
of the Niagara Rivers natural flow is diverted for this purpose.
Another large element of the Great Lakes economy is recreation,
including sightseeing, fishing, boating, camping, and hiking.
The Great Lakes sustain both sport and commercial fisheries, although
recreational fishing is more important today. As the value of
recreational fishing has increased, some jurisdictions have established
policies that favor it. The U.S. Fish and Wildlife Service recently
reported that participants in the fishing industry in the U.S.
portion of the Great Lakes generate about $2.22 billion in sales
to local businesses and that the industry represents $4.4 billion
in annual economic activity. About 75,000 jobs are supported by
sport fisheries, and commercial fisheries provide an additional
9,000 jobs and $270 million annually. A small portion
of the commercial harvest is taken by tribal fisheries that operate
pursuant to treaties dating from 1836 and 1842 (see the "Great
Lakes Fishery Resources Restoration Study: Report to Congress,"
U.S. Fish and Wildlife Service 1995).
Historically, the Great Lakes have provided many economic benefits
to citizens. The regional economy depends on a healthy natural
environment. When the Great Lakes ecosystem has not been considered,
economic disruptions have occurred; and when environmental values
have been fostered and maintained, the economy has sustained the
region over many years.
Environment
The Great Lakes support a rich diversity of birds and other wildlife.
Among the most biologically productive areas are Green Bay, Saginaw
Bay, western Lake Erie, St. Marys rapids, and the St. Clair
delta.
Fish species of special interest include lake trout, lake sturgeon,
lake whitefish, walleye, Pacific salmon, and landlocked Atlantic
salmon and their forage. Native mussels are being seriously impacted
by zebra mussels and are in danger of extirpation from the Great
Lakes basin. The basin provides critical breeding, feeding, and
resting areas as well as migration corridors for waterfowl, colonial
nesting birds, nongame birds, and many other species of migratory
birds. Thirty-one species of migratory nongame birds of management
concern to the U.S. Fish and Wildlife Service are found in the
Great Lakes ecosystem.
A recent survey of biological diversity in the basin identified
130 globally rare or endangered plant and animal species or ecological
communities. The bald eagle, peregrine falcon, piping plover,
Mitchells satyr blue butterfly, Indiana bat, gray wolf, lake sturgeon,
deepwater sculpin, and pugnose shiner are a few of the many threatened,
endangered, and candidate species that inhabit the Great Lakes
ecosystem.
An estimated three million waterfowl, following the Atlantic and
Mississippi flyways, migrate through the Great Lakes each year,
relying on the lakes for food and shelter. Native animals include
deer, fox, moose, wolves, and fur-bearing mammals such as beaver,
mink, and muskrat. These animals fueled the early development
of the region by European settlers.
By the start of the 20th century, the combined effects of pollution,
harvest, and habitat change had devastated many of the prolific
animal populations. Over the past 30 years, there have been
encouraging ecological successes in the region: excessive algae
in Lake Erie have been abated, the detrimental effects of sea
lamprey predation on fish populations have been diminished, and
oxygen has been restored to the waters. Although certain toxic
contaminant levels have declined substantially in some fish and
wildlife species, many species remain affected by persistent historical
and newly discovered toxic contaminants.
Its long retention time makes the Great Lakes ecosystem especially
sensitive to environmental stresses. The Great Lakes food web
remains contaminated by various bioaccumulative toxic substances
that have reached unacceptable levels in some fish and wildlife.
Today, these levels are much lower than in the early 1970s, but
public health advisories on fish consumption are still issued.
Problems persist throughout the food web, as evidenced in toxic
contaminants found in fish and wildlife predators, such as lake
trout, mink, and bald eagles. Locations such as harbors and rivers
with highly contaminated bottom sediments still have problems.
Generally, contaminant levels are highest in Lakes Michigan and
Ontario, although these lakes have also showed the greatest declines
in contaminant levels during the past two decades.
More than 130 nonindigenous species have been introduced into
the Great Lakes since 1800, nearly one-third carried by ships.
Some introduced species have profoundly affected native species.
A recent troublesome invader, the zebra mussel, probably
entered the Great Lakes in ballast water discharged from an ocean-going
vessel. The full impacts of the mussel are not yet known, but
economic and environmental costs are expected to be significant.
A prolific breeder, it devours microscopic plants at the foundation
of the food web and may create a food shortage for grazing fish.
Ultimately, this would threaten predator fishes, such as walleye,
salmon, and lake trout. River ruff, spiny water flea, quagga mussel,
tubenose goby, and roundnose goby are other recent invaders. The
river ruffe has recently been documented in the waters of Lake
Huron and is expected to rapidly expand its range, possibly even
if immediate and decisive actions are taken to contain it.
The increased introduction of foreign species over the last 30
years is largely due to greater transoceanic shipping traffic
on the Great Lakes since completion of the St. Lawrence Seaway
in 1959. These species have made their way up canals into the
Great Lakes. Species formerly barred by Niagara Falls were able
to enter after the Welland Canal was completed or enlarged. Fish
are among the most common of the introduced species, but plants
represent about 45 percent of introduced species and algae 18
percent.
Some species have been introduced intentionally, such as carp,
brown trout, and a variety of Pacific salmon. Since the 1960s,
salmon have been regularly stocked by the Great Lakes states and
the Province of Ontario to provide recreational fishing and another
predator to control smelt and alewife, which are also introduced
species. Salmon provide an alternative to diminished lake trout
for sport fishing.
Population levels of many native fish species are lower than they
were two centuries ago. Damage to once richly abundant native
fish populations has been profound. Lake herring was once the
predominant commercial species. Sturgeon exceeded 6 feet
in length and weighed more than 100 pounds. Today, sturgeon
and lake herring populations are greatly depleted. Hatchery-reared
lake trout are stocked to maintain ecological balance and to sustain
sport and commercial fisheries. Stocked, nonindigenous Pacific
salmon are the most abundant top predators, except in western
Lake Erie, where the top predator is walleye.
The demand for harvestable fishery resources offers an increasingly
difficult challenge. Historically, large numbers of lake trout,
lake whitefish, lake herring, walleye, blue pike, lake sturgeon,
yellow perch, and other fish populated the Great Lakes and supported
a major commercial fishing industry. In Lake Ontario, Atlantic
salmon were gone by 1900 and sturgeon were severely depleted.
Populations of commercially valuable fish further declined precipitously
during the 1950s and 1960s due to a combination of factors, including
overfishing, sea lamprey predation, competition with nonindigenous
nuisance species, and pollution. Resource management agencies
throughout the Great Lakes region responded by implementing aggressive
long-term programs designed to restore the fisheries, including
the introduction of nonindigenous hatchery-reared salmon, the
stocking of lake trout, and the control of sea lamprey. Adequate
and consistent funding is critical to the successful implementation
of these programs.
Bottom sediments that hold chemicals such as PCBs and DDT are
probably the principal cause of the continuing contamination of
fish and wildlife. The transfer of sediment-bound contaminants
to the base of the food web happens when bottom-dwelling organisms
accumulate contaminants, and when phytoplankton absorbs contaminants
that are resuspended. These sediments are toxic to bottom-dwelling
organisms, killing them or impairing their normal functions. Sublethal
effects associated with contaminated sediments include tumors
in bottom fish and bioaccumulation of persistent toxic chemicals
up the food chain.
The transport of contaminants by air is a major problem for the
Great Lakes. The aerial transport of contaminants has introduced
pollutants to the Great Lakes that did not originate there. For
example, 76 to 89 percent of PCB loadings to Lake Superior
are estimated to come from air pollution. Even small amounts of
pollutants that bioaccumulate can result in significant pollutant
burdens in fish. The aerial introduction of contaminants has also
complicated the selection of "pristine" sites as reference
sites for scientific research.
Many of the wetlands of the Great Lakes watershed have been lost
during the last two centuries. The most extensive losses happened
in the 19th and early 20th centuries when many wetlands were drained
for agricultural use. Remaining wetlands continue to be threatened
by construction, harbor and marina development, waste disposal,
and mining of sand. Ground water consumption has diminished recharge
of certain wetlands. There are also indications that wetlands
have been disrupted by nonnative plants, such as purple loosestrife,
and by fish, such as carp.
By the late 1960s, various areas of the Great Lakes experienced
thick algal blooms that imparted unpleasant odors and taste to
the water and depleted dissolved oxygen. These eutrophic conditions
were most pronounced in Lake Erie, which is the shallowest, warmest,
and biologically most productive lake, and the one most susceptible
to nuisance levels of algae. Lake Erie has also been vulnerable
because it receives more effluents from sewage treatment plants
and sediment from farmland in its watershed. Both effluents and
sediments carry phosphorus to the lake, altering its chemistry
and creating algal blooms.
During the last two decades, the United States and Canada have
reduced phosphorus levels across the Great Lakes by more than
50 percent. Lake Eries improvement has been visible and dramatic.
The Great Lakes states and Canada have passed laws banning or
limiting phosphorus content in household detergents, constructed
more effective municipal sewage treatment plants, and reduced
phosphorus from agricultural runoff. Phosphorus levels have also
declined in Saginaw Bay and Green Bay, where eutrophication was
a problem.
Over the last 25 years, there have been various efforts to address
the pollution problems of the Great Lakes. Responsibility for
correcting pollution of the Great Lakes rests with an alliance
of federal, state, tribal, and local agencies, as well as NGOs
and industry. This effort emphasizes prevention, restoration,
and remediation. It fosters public involvement and stewardship
and pursues innovative solutions, including public-private partnerships.
Much of the success in resolving pollution problems is the result
of bilateral agreements between the United States and Canada,
in particular the Great Lakes Water Quality Agreements of 1972
and 1978, and the 1987 protocol that amended the 1978 agreement.
Other influential documents go back to the 1909 Boundary Waters
Treaty. Since the 1987 protocol, the United States and Canada
have undertaken actions to reach the goals of the 1978 agreement.
The Binational Executive Committee was created to identify binational
products and priorities required to implement the agreement, to
assign responsibilities, and to track the progress of binational
remediation activities. In the United States, the Great Lakes
Critical Programs Act of 1990, the Great Lakes Fish and Wildlife
Restoration Act of 1990, and the Clean Air Act Amendments of 1990
have imposed specific requirements on U.S. parties, including
several statutory deadlines. In addition, the National Pollution
Discharge Elimination System and the construction grants program
under the Clean Water Act have significantly contributed to improving
the quality of Great Lakes waters.
Two processes for targeting ecological problems on a geographic
basis are Remedial Action Plans for Areas of Concern and Lakewide
Management Plans. Including 5 shared with Canada, the United
States has 31 Areas of Concern in some of the most ecologically
degraded areas around the lakes-usually harbors or river stretches.
The Lake Committee structure, supported by the Great Lakes Fishery
Commission, is the predominant process for identifying fisheries-related
ecosystem problems within the Great Lakes basin.
The Lakewide Management Plan process has the advantage of focusing
at the level of the lakes rather than at jurisdictional levels,
and this level of coordination is probably the best approach.
Both the Lakewide Management Plans and the Lake Committees are
striving to put the ecosystem approach into practice. A better
understanding of the interrelationships between fisheries communities
and water quality management is necessary in order to achieve
a more integrated approach. Neither process can afford to work
in isolation from the other, and both are generally beginning
to work together at an informal level that has been slowly evolving
and is best represented in Lake Superior.
The Remedial Action Plan process defines ecological problems,
identifies appropriate solutions, and measures progress toward
ecological goals. States, enlisting grassroots collaboration from
local communities, develop and implement the Remedial Action Plans.
These Plans are models of an ecosystem-based, multimedia approach
to addressing impaired uses. They exemplify grassroots environmental
democracy, stressing empowerment of the affected public within
Areas of Concern. States approach Remedial Action Plans in differing
ways. Some practice hands-on involvement, while others delegate
much of the decision making to local groups or agencies within
the Area of Concern. The complementary application of federal
statutes and authorities, in addition to technical and financial
support at this ecosystem level, is often necessary to attain
goals in these areas.
The most successful Remedial Action Plans are those that are community-driven,
with active federal, state, and local involvement. The affected
community, which is closest to and most directly affected by the
resource, is empowered to create and implement a future vision
for the Area of Concern.
Integrating the activities of all the subbasin projects on a given
lake, where necessary, is the responsibility of the Lakewide Management
Committee. These committees, consisting of binational managers
of federal, state, provincial, tribal, and nongovernmental agencies,
currently address lakewide problems through the Lakewide Management
Plan process. The situation is slightly different on Lake Michigan,
where committee representatives are all U.S. citizens. The focus
of each lakes Lakewide Management Plan is slightly different.
Lakewide Management Plans are not yet developed for all five lakes.
The goal of Lakewide Management Plans is to restore and protect
beneficial uses of the Great Lakes from both existing and potential
impairments. Each Plan must address and manage a whole lake, considering
critical pollutant loadings and other stressors in addressing
beneficial-use impairments. It is clear that the Lakewide Management
Plan must be closely related to the various Remedial Action Plans,
the "Joint Strategic Plan for Management of Great Lakes Fisheries"
(Great Lakes Fishery Commission, 1980), the Fish Community Goals
and Objectives for each lake, and other subbasin activities on
a particular lake. Coordinating activities (such as monitoring,
sampling, biological inventories, and sharing of data) mutually
benefits each of these programs.
The Lakewide Management Plans markedly increase the scale and
complexity of carrying out the ecosystem approach. Vehicles for
public input exist for all current lakewide planning efforts.
For some Lakewide Management Plans, there are standing public
forums of representatives selected from identified nongovernmental
stakeholder groups (such as industry groups and environmental
organizations), which act as a two-way conduit of information
for the Lake Management Committee. The forums poll their constituencies,
gauge their reactions, and inform the Lake Management Committee.
Most importantly, the forums seek to articulate the publics shared
vision for the lake, which-as with the Remedial Action Plans-is
generated by the group that will be directly affected by the decisions
made. For Lakewide Management Plans without standing public forums,
lakewide networks of existing committees fill the role. The desired
result is active and timely public input on a lake-by-lake basis.
Present Situation
Two federal governments, eight U.S. states, two Canadian provinces,
numerous regional agencies, thousands of substate/provincial governments,
many Native American authorities/First Nations, and a multitude
of other governmental entities have some legal authority for matters
pertaining to the Great Lakes/St. Lawrence ecosystem. The
complexity and sophistication of the "institutional ecosystem"
for the regions governance have garnered global recognition. Cooperative
and collaborative relations among these jurisdictions, in partnership
with business and industry, citizen organizations, and all other
basin interests, are needed if ecosystem integrity is to be achieved
and maintained.
The ecosystem approach extends back at least to 1978, when the
Great Lakes Science Advisory Board, in its report "The Ecosystem
Approach," recommended to the International Joint Commission
that such an approach be used for problem identification, research,
and management in the Great Lakes basin.
An ecosystem approach to management is embraced by many public
sector, nongovernmental, and citizen-based institutions in the
Great Lakes basin because it is based on recognition that environmental
and economic attributes of the area are fundamentally linked and
interdependent, as are goals for environmental protection and
economic development. It is also based on recognition that sustainable
development for the Great Lakes depends on managing resources
as dynamic, interdependent communities and ecosystems, rather
than as separate, distinct elements. Practicing the ecosystem
approach means that all partners-government and private sector
alike-understand the implications of their actions and strive
to avoid unintended adverse consequences.
An ecosystem approach to management, involving rehabilitation
and protection for ecological processes and resources of the Great
Lakes, has been perceived as needed by the diverse governmental,
organizational, and private interests within the basin. Over the
past few decades, these interests have independently evolved processes
for identifying and addressing problems. These processes are now
beginning to be integrated into an ecosystem approach, which is
based on the understanding that human activities, natural resources,
and ecological processes are related parts of a unified whole.
The chemical, physical, and biological integrity of the Great
Lakes basin ecosystem can be achieved by understanding, respecting,
rehabilitating, and protecting the total environment and by identifying
and maintaining diverse plant and animal populations and their
habitats.
BUDGET ISSUES
Survey participants focused on three main budget issues affecting
the ecosystem approach in the Great Lakes basin-coordination,
flexibility, and funding levels.
Coordination
Participants were consistent and clear in their message that federal
agencies exhibit a lack of coordination in program strategies
and budgeting. They expressed an urgent need for interagency approaches
to budgeting. Because each agency has its own mission and agenda,
there has been lack of cohesion in program implementation from
an ecosystem perspective. If program activities are coordinated
across agencies, the concomitant budgetary actions supporting
them must be well coordinated to ensure that "the left hand
knows what the right hand is doing." Participants maintained
that a coordinated approach would enable ecosystem managers to
"leave their agency hats at the door" when deciding
how to spend dollars.
Another recommendation from many survey respondents was to develop
legal authorities that would permit agencies to share funds. Fund
sharing is not widely practiced due to complicated budget procedures
within each agency. Because activities to implement the ecosystem
approach are functionally crosscutting, many different federal
agencies must be involved in field activities, making coordination
of budget activities essential. Respondents felt that agencies
should be more willing to coordinate activities and the necessary
budgeting.
As an ecosystem, the Great Lakes region is unique in how it relates
to Congress in terms of its budgetary needs. Congress is informed
by the Northeast-Midwest Institute (an NGO) on a wide variety
of issues related to the Great Lakes-including natural resource
management and budgetary needs. Accordingly, Congress gets a coherent
and crosscutting analysis of ecosystem approach imperatives. However,
this broad-based approach breaks down when federal agency budgets
are developed in isolation from each other, and when these budgets
are reviewed piecemeal by different examiners at the Office of
Management and Budget and by congressional committees. Several
respondents felt that this process gives the Office of Management
and Budget an incomplete understanding of the Great Lakes region
(and other ecosystems).
Flexibility
Inflexible federal budgetary rules and regulations were a major
concern to those surveyed. Several interviewees felt that protocols
and processes have overwhelmed on-the-ground actions and have
severely hampered program execution. Nearly all those questioned
felt the rules should be simplified to better serve the involved
stakeholders.
Recommendations to increase flexibility included: switching to
a 2-year budget cycle; providing real incentives to save dollars
without jeopardizing the amount of future allocations; and ensuring
that carryover funds stay with the unit that created the carryover.
Another idea presented to the survey team was to increase the
ability of federal agencies to give direct grants to NGOs. Some
agencies, such as the U.S. Department of Agriculture Forest Service,
have direct grant authority through such vehicles as the Forest
Services Challenge Cost-Share Program. Eliminating the middleman
(that is, state governments) would permit greater flexibility
and shorten the timeline for grant delivery.
Allowing creativity in the budgeting process was also suggested.
In some cases, settlements in legal disputes were hampered by
restrictions on how dollars could be awarded or spent. Some respondents
felt that more flexibility would allow more creative solutions
to litigation, reducing litigation fees and presenting win-win
solutions to both sides. The survey team concurs.
Funding Levels
Specific numbers for the Presidents fiscal year (FY) 1995 budget
include about $280 million across agencies for key national programs
that benefit the Great Lakes ecosystems, such as the Clean Water
Act section 319 program, and the national Coastal Zone Management
Act (not including agricultural and drinking water programs or
the State Revolving Loan Fund for sewage treatment construction)-an
increase of 3.4 percent over FY 1994. Programs benefiting Great
Lakes environmental concerns, including the Environmental Protection
Agencys (EPAs) Great Lakes National Program Office, the Great
Lakes Fishery Commission, and the International Joint Commission,
totaled about $44 million (a decrease of $6.6 million over
1994).
The Northeast-Midwest Institute issued funding priorities for
the Great Lakes that stressed: increased funding for state nonpoint
source pollution control grants under section 319 of the Clean
Water Act; more funding for exotic species management, including
work on zebra mussel and sea lamprey; added funding for the ecosystems
programs of EPAs Great Lakes National Program Office to support
work in remediation of contaminated sediments, monitoring toxic
loadings by air, water mass-balance modeling, and technical assistance
to Remedial Action Plan planning committees; more research, especially
on the effects of consuming contaminated fish on human health;
a new effort focused on sustainable development in cities around
the Great Lakes (including "brownfield" locations);
new funds to develop integrated pest management techniques for
sea lamprey control; new funds to adopt a basinwide ecosystem
approach, particularly regarding soil erosion and sediment control;
and more funds to promote integrated research coordination.
Inadequate funding was a common thread in the survey, although
the survey team conveyed the message that this was not the focus
of its work. However, we feel it is our responsibility as a team
to report that chronically low funding remains an important issue
to many interviewees. This is especially critical, in their minds,
because of the long-term problems in the Great Lakes ecosystem.
Some of the waters in Lake Superior, for example, take 199 years
or more to cycle through to the Atlantic Ocean. Quick improvements
that coincide with political agendas are not possible. Interviewees
maintained that interested parties, including Congress, must devote
long-term attention to ensuring environmental improvement in the
Great Lakes. The survey team wholeheartedly agrees.
Sudden cutoff of funds was also cited as a problem. Ecosystem
restoration projects need ample lead time, and they are implemented
over several or many years. Continued commitment by federal agencies
to these projects for periods longer than the annual budget cycle
is essential to a successful ecosystem approach.
Respondents also pointed out that large amounts of money were
not always needed to fully implement programs-only the seed money
to get them started. This coincides with the view that the federal
government should play a catalytic role at the local level, steering
the boat rather than rowing it.
INSTITUTIONAL ISSUES
The ecosystem approach was formally recognized as a goal in the
Great Lakes region in the 1987 amendments to the Great Lakes Water
Quality Agreement. The Great Lakes region has a rich and multilevel
institutional structure (or "institutional ecology")
that has developed around the Great Lakes Water Quality Agreement
and other basinwide agreements, such as the Boundary Waters Treaty
of 1909 and the Great Lakes Fishery Compact of 1956. In general,
those surveyed felt that there is no need to develop new institutions;
instead, commitments to existing institutions (in terms of both
participation and financial support) should be renewed to make
them work better.
Existing Institutions
The two primary binational institutions are the United States-Canada
International Joint Commission and the Great Lakes Fishery Commission.
The International Joint Commission was established by the Boundary
Waters Treaty of 1909; among other responsibilities, it facilitates
cooperation on issues related to air and water pollution and to
regulation of water levels and flows. The Great Lakes Fishery
Commission was established in 1955 pursuant to the United States-Canada
Convention on Great Lakes Fisheries, partly as a response to declining
fishery stocks in the region.
On the governmental level, several U.S. agencies, the Canadian
Provinces of Ontario and Quebec, and many counties and municipalities
have jurisdictions in the Great Lakes basin. There are several
regional mechanisms for management and coordination, including:
the Great Lakes Commission, which was created by compact among
the eight Great Lakes basin states in 1955; the Council of Great
Lakes Governors, a nonprofit entity formalized in 1982; the Council
of Great Lakes Research Managers; and the International Association
for Great Lakes Research.
Environmental issues in the region are nested at multiple scales,
from basinwide and lakewide problems to contamination problems
in harbors. The institutions and management structures that address
these problems also address the several geographic levels of ecosystems,
nested within one another. A basinwide perspective is provided
by the Great Lakes Water Quality Agreement, supported by the International
Joint Commission; the Commission makes recommendations every 2 years,
and tracks implementation of recommendations approved by the governments.
The Lakewide Management Plans established under the Great Lakes
Water Quality Agreement serve as vehicles to integrate subbasin
activities and to coordinate priority setting. The goal of Lakewide
Management Plans is to restore beneficial use impairments as listed
in the Great Lakes Water Quality Agreement. On a local level,
Remedial Action Plans for 43 Areas of Concern identified by the
Canadian and U.S. governments are being developed in coordination
with citizens and other stakeholder groups. Remedial Action Plans
specify remediation of toxics, but many Plans are considering
toxics within an ecosystem approach. For example, while the Area
of Concern may be limited geographically (such as the one encompassing
southern Green Bay), many Remedial Action Plans assess activities
within the watersheds around the Area of Concern for remediation.
Interviewees said that the Remedial Action Plan process has been
a model cooperative management and decision-making process in
which governments, user groups, and organizations came together
to set common goals.
Other institutions active in the region include the Council of
Great Lakes Industry and Great Lakes United (a coalition of citizens
and environmental groups).
Although most participants felt that there is no need for new
institutional infrastructure, there are several proposed new coordinating
mechanisms. In some cases, these new mechanisms have been developed
out of frustration with existing institutions; they may or may
not address the problems of those institutions.
Participants Observations and Recommendations
The Great Lakes Water Quality Agreement has been an important
organizing principle and tool for driving policy. The Agreements
implementation was strengthened through the Great Lakes Critical
Programs Act (section 118 of the Clean Water Act Amendments),
which made certain obligations under the agreement legally binding
as a matter of U.S. domestic law.
Federal agencies should consider local and regional goals and
priorities in their planning mechanisms and activities. The goals
of the Lakewide Management Plans and Remedial Action Plans could
be implemented more easily, according to interviewees, if federal
activities were consistent with and supported locally developed
plans as much as possible. Participants felt that Lakewide Management
Plans and Remedial Action Plans are good for identifying priorities
and common goals for local and regional areas; however, they were
concerned that mechanisms for transmitting these goals and priorities
into state and federal actions were weak. Acknowledging that federal
regulations are sometimes designed to implement nationwide policy
goals, interviewees felt that if regional or local and federal
planners recognized each others goals, areas of conflict could
be more easily resolved.
Some common goals to be recognized are the 14 beneficial
use impairments (a degradation in physical, chemical, or biological
quality resulting in such actions as beach closings, fish and
wildlife consumption restrictions, and so forth) identified in
the Great Lakes Water Quality Agreement with the goal of restoring
impaired uses. Individual Lakewide Management Plans and Remedial
Action Plans set environmental quality goals for these uses that
should be recognized by federal programs.
Institutions should foster connections with place, including setting
up public/stakeholder participation mechanisms to take advantage
of local interests. Participants emphasized that the ecosystem
approach can amount to little more than abstract issues and concepts
unless tied to the concrete needs of a particular place. Regional
programs, interagency budget coordination within regions, legislation
designed for regions, federal interagency coordination offices,
and mechanisms for incorporating public participation and using
grassroots energy were cited as ways of encouraging a place-based
focus. Several interviewees indicated that those living in the
Great Lakes region, including its managers, scientists, citizens,
industries, and other stakeholders, are closest to the resource
and have a vested interest in maintaining it. They contended that
local participants should be empowered to make decisions and implement
solutions; this can be achieved if federal agencies cede some
goal-setting authority, recognize regional goals, and share responsibility
to achieve them with the region.
An impediment to place-oriented mentality is that national programs
are scattered all over the country, disconnecting local and regional
problems from the Washington, DC, offices that manage those programs.
Several participants felt that the program-oriented mentality
of federal agencies must change to a place-oriented mentality:
programs must be aligned with the ecosystem goals of particular
places.
Interagency decision making and priority setting is needed, and
may require building coalitions among agencies to address common
problems. Agencies should establish common goals and priorities
for a region that recognize local and regional priorities. One
federal representative saw federal acknowledgment of common agency
goals (such as those determined in Lakewide Management Plans or
Remedial Action Plans) as a way to improve agency budget development,
program execution, and accountability. The representative pointed
out that after agencies have signed onto a goal, it can be used
to set performance measures and establish accountability. Moreover,
to the extent that the public is involved in establishing goals
based on local or regional priorities (such as those incorporated
into Lakewide Management Plans and Remedial Action Plans), these
goals are what citizens want their tax dollars to be spent on.
Interviewees recommended finding ways of using resources to address
common goals and programs. The Lake Michigan Enhanced Monitoring
Program (part of the Lake Michigan Lakewide Management Plan) was
cited as a successful example in which several state and federal
agencies share responsibilities for monitoring different variables
or regions of the Lake. In this case, funds are not actually pooled;
instead, agencies have agreed to fund and implement monitoring
activities related to their missions and programs. EPA also funds
other agencies monitoring activities specifically related to this
program.
However, a number of participants both within and outside the
federal government felt frustrated that agency representatives
at the working level cannot commit to involvement on behalf of
their agencies. Goals should be acknowledged at all agency levels
so that they get appropriate budget and policy support. Better
coordination could also be achieved in the many federal programs
designed to fund activities within states. For example, it was
suggested that states might obtain federal matching funds and
directing them toward common goals, regardless of whether the
federal fund programs are themselves coordinated.
The Upper Mississippi River Plan and its implementation by the
Upper Mississippi Basin Commission were cited as a model of successful
agency goal coordination. This effort involved the U.S. Army Corps
of Engineers, U.S. Fish and Wildlife Service, National Park Service,
and several states. For other examples of organization on an ecosystem
basis, refer to the Recommendations section of the "Great
Lakes Fishery Resources Restoration Study: Report to Congress"
(U.S. Fish and Wildlife Service 1995).
Implementation of programs should be flexible. Many participants
felt that agencies are motivated more by rules than by missions,
and should become more flexible in addressing goals of environmental
quality, rather than insisting on strict observance of rules.
Areas where flexibility is needed to achieve goals in the most
cost-effective manner include:
More realistic performance and progress indicators that focus
on environmental outcomes are needed. Participants suggested that
performance measures should be based on ecosystem goals, not on
numbers of permits issued, publications, or meetings held. They
also recommended including ecological factors in economic indicators.
The Lake Superior Lakewide Management Plan work team and some
Remedial Action Plans are developing environmental indicators
appropriate for their ecosystems, based on stakeholder goals of
environmental quality. Although most participants were not yet
familiar with the 1993 Government Performance and Results Act,
they offered milestones and benchmarks developed for Lakewide
Management Plans and Remedial Action Plans as examples of performance
indicators for environmental quality programs. Milestones and
benchmarks included: government management actions; remedial and
preventive actions by sources; changes in discharge quality; reduced
contaminant loadings; changes in ambient air/water/sediment loadings;
biological recovery and use restoration; number of people participating
in each Remedial Action Plan process; and requests for input to
other programs. Although interviewees recognized that some indicators
are necessarily qualitative, they felt that quantitative measures
should be determined as much as possible.
Survey participants called for incentives for employees and managers
to work with other agencies and stakeholders, to manage adaptively,
and to be innovative. Interviewees suggested that agencies might
require interactions with other agencies and stakeholders, and
might explicitly include nontraditional activities in performance
plans (such as involvement in a public participation or interagency
activity, or participation in management conferences by scientists).
Many participants saw a need for a better reward system for federal
and state agency employees engaged in ecosystem efforts. If time
spent on ecosystem-based approaches were treated as equal to that
spent on other programs, employees could be rewarded. This would
require that managers-from the first line supervisor to the top
of the chain of command-acknowledge and value ecosystem-oriented
efforts. Rewards should go beyond standard cash bonuses to include
increased funding for successful programs, and public recognition
for the employee or manager.
New processes of conflict resolution are needed. The active participation
of many stakeholders in planning processes in the Great Lakes
region means that many conflicts can be resolved during discussions.
Some interviewees said that federal recognition of regional and
local goals should help to limit conflicts, allowing parties to
work toward each others goals instead of against them.
Participants in the Green Bay Remedial Action Plan said that the
goal-setting process they undertook avoided conflicts and litigation
in determining how to limit sewage discharges. Discharge limits
to achieve desired water quality goals (in this case, biological
oxygen demand) were set by consensus among industries on the Lower
Fox River, not by litigation.
A framework for the ecosystem approach has evolved. Several participants
emphasized that although the ecosystem approach is an evolving
process, a general framework has emerged. An academic researcher
who is involved in regional and Remedial Action Plan processes
outlined 10 steps for planning rehabilitation of large aquatic
ecosystems. Steps 1-6 are diagnostic tasks; steps 7-10 involve
the framing of solutions (including taking no action) by considering
desired alternative states for the ecosystem. Echoed and supplemented
by many others, the 10 steps are as follows:
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A process for evaluating progress is being developed by some Remedial
Action Plans and Lakewide Management Plans, based on International
Joint Commission guidance on listing and delisting areas for the
14 beneficial use impairments identified in the Great Lakes Water
Quality Agreement. Quantitative objectives and targets are established
by some Remedial Action Plans to evaluate their progress in addressing
these guidelines for use restorations. Following are examples
for two use impairments:
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Example 1:
Use impairment: Restrictions on fish and wildlife consumption.
Listing/delisting guideline: Whether or not contaminant levels
in fish or wildlife populations exceed current standards, or when
public health advisories for human consumption are in effect.
Quantitative objectives or targets: A short-term target is based
on the U.S. Food and Drug Administration Action Level of 2 mg/kg
PCBs in the edible portion of fish; a long-term target of 0.05 mg/kg
in fish tissue was established to protect human health through
Rule 57 of the Michigan Water Quality Standards.
Example 2:
Use impairment: Eutrophication or undesirable algae.
Listing/delisting guideline: Whether or not there are persistent
water quality problems attributed to anthropogenic eutrophication.
Quantitative objectives or targets: In Saginaw Bay, modeling of
phosphorus loading has led to establishment of a 15 mg/L total
phosphorus target for the inner bay. This corresponds to a loading
target of 440 tons/year. Land use or sewage treatment decisions
can be made based on this target. |
LEGAL ISSUES
Survey participants did not raise legal issues when discussing
ecosystem-oriented efforts in the Great Lakes basin. Instead,
they focused on the various institutions and interpersonal relationships
that emerged over the years, rather than on specific litigation-forcing
events. These institutions and relationships have provided what
many interviewees described as a much-needed forum for bringing
federal and nonfederal agencies, NGOs, and people together. These
forums, in turn, appear to have focused efforts on ecosystems
rather than on any single-media concerns driven by a particular
federal regulatory program.
Clearly, no single federal statute drives the ecosystem process
now underway in the Great Lakes region. Instead, as one participant
observed, there is a rich mix of institutional arrangements structured
around statutes specifically addressing the region, and there
are the general federal regulatory programs that apply to activities
in the region as well. Regional activities are governed by a mixture
of international agreements, interstate compacts, federal and
state legislation, and treaties with Native Americans. This umbrella
of arrangements and programs appears to have garnered a consensus
among participants that sufficient regulatory regimes are in place,
if all the statutes are looked to as tools in problem solving.
Indeed, an August 1994 report by the Northeast-Midwest Institute,
"Progress in Great Lakes Environmental Protection: Priorities
for the Fiscal 1995-1996 Federal Budgets," noted that "congressionally
authorized programs such as the Pollution Prevention Act, the
Nonpoint Source Pollution Control Program (section 319) of
the Clean Water Act, the Great Lakes Critical Programs Act, the
Great Lakes Fish and Wildlife Restoration Act, and the Nonindigenous
Aquatic Nuisance Prevention and Control Act provide a comprehensive
blueprint for the federal government to build effective partnerships
with state and local efforts to address these pressing environmental
priorities."
Interviewees generally refrained from critical comments on the
effect of existing federal regulatory programs in implementing
an ecosystem approach. The notable exception is the amalgamation
of legal constraints now governing the budget process. However,
participants did voice concerns about the Freedom of Information
Act and Federal Advisory Committee Act. Additionally, several
participants felt that the lack of any express congressional mandate
for federal agencies to participate in coordinated efforts limits
the time federal employees can commit to those efforts.
Specific Great Lakes Authorities
A variety of legal authorities that specifically address the Great
Lakes region have assisted an ecosystem-based approach through
interagency and governmental-nongovernmental coordination. In
particular, the Boundary Waters Treaty of 1909 led to the establishment
of the International Joint Commission between Canada and the United
States. The U.S. and Canadian governments, in turn, entered into
Great Lakes Water Quality Agreements in 1972 and 1978, and amended
the 1978 Agreement in 1983 and 1987. The purpose of the Agreement
"is to restore and maintain the chemical, physical, and biological
integrity of the waters of the Great Lakes Basin Ecosystem,"
a formulation that parallels Clean Water Act language. In 1990,
Congress passed the Great Lakes Critical Programs Act, which for
the first time created enforceable statutory deadlines for key
requirements of the Great Lakes Water Quality Agreement. According
to various representatives, these agreements were instrumental
in establishing a foundation for implementing an ecosystem approach
in the Great Lakes region. A representative from the International
Joint Commission noted that the Commission had been following
an ecosystem approach since approximately 1978. The 1987 Great
Lakes Water Quality Agreement expressly endorsed a coordinated
and cooperative effort to protect and restore the Great Lakes
ecosystem. Congress sanctioned these agreements in section 118
of the Clean Water Act.
In addition to the International Joint Commission, institutions
concerned with Great Lakes water quality include the Great Lakes
Fishery Commission, established by the Convention on Great Lakes
Fisheries between the United States and Canada in 1954, and the
congressionally ratified interstate compact among the eight Great
Lakes basin states establishing the Great Lakes Commission.* For
the most part, the Great Lakes Fishery Commission focuses on controlling
sea lamprey and assisting in coordinated research efforts for
the restoration of fishery resources.** The Great Lakes Commission
embraces five general areas of responsibility:
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In addition to the various Clean Water Act provisions that address
the Great Lakes ecosystem, several federal statutes have furthered
an ecosystem approach. The Great Lakes Fish and Wildlife Restoration
Act of 1990 authorized a comprehensive Great Lakes Fishery Resources
Restoration Study and sought proposals for implementing recommendations
from the study. It also sought to assist various entities by encouraging
cooperative conservation, restoration, and management of the fish
and wildlife resources and their habitats in the Great Lakes region.
The Act also established a centrally located Fish and Wildlife
Service Great Lakes Coordination Office and two other Great Lakes
Coordination Offices. Other relevant statutes include the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 and the Great
Lakes Critical Programs Act of 1990.
Mandates
Congressional mandates, or the lack thereof, was a common theme
in survey interviews. The perceived lack of any congressionally
mandated commitment toward an ecosystem approach was viewed by
some as a potential impediment to ecosystem efforts. Many federal
agency employees engage in coordinated ecosystem-based efforts
with little or no reward, out of personal and professional interest.
For instance, they squeeze in the time for intra- and interagency
meetings, when distance and/or their travel budget allows. However,
when the pressure of other programs becomes too great, they must-albeit
reluctantly-choose to devote their limited time to specific, congressionally
mandated programs. The unstated belief was that an express congressional
mandate might allow these employees to continue their ecosystem-based
efforts without fear of recrimination.*
Conversely, one survey participant noted that certain deadlines
in existing congressional mandates can adversely affect an ecosystem-based
approach. The Great Lakes Critical Programs Act, according to
this participant, is a good example of the problem. In that case,
Congress imposed severe deadlines for completion of the Lake Michigan
Lakewide Management Plan** and certain Remedial Action Plans.
Considerable effort went into meeting the artificial deadline,
yet the goal, in the long run, was simply to complete the Plan,
regardless of how well it was prepared. This fostered the attitude
that "if we dont have time to do it right, then get it done
and just do it over," which this participant considered bad
policy and potentially disruptive. Such deadlines ignore the nature
of the project: these projects are iterative, involve public participation,
and are dependent upon scientific judgments. The process must
be adaptive, and artificial deadlines hinder rather than help.
One federal participant noted that officials previously have been
motivated too often by laws and regulations. Now we need to ask
different and new questions about priorities and how we measure
progress, although such questions and priority establishment may
not fit neatly into the legal boxes constructed by various regulatory
programs. We must view our laws and regulations as important tools
for achieving broader ecosystem goals. Similarly, a nonfederal
representative commented that the federal government is preoccupied
by laws, tending to forget the local people and the needs of the
ecosystem.
Primary Legal Issues
Survey participants mentioned specific laws or programs affecting
the ecosystem approach in the Great Lakes basin, including the
Comprehensive Environmental Response, Compensation, and Liability
Act, the Clean Water Act, the Endangered Species Act, and the
Toxic Substances Control Act.
Natural Resources Damage Assessments. The Natural Resources Damage
Assessment process embraces an ecosystem approach to management.
In accordance with the Comprehensive Environmental Response, Compensation,
and Liability Act, the Oil Pollution Act of 1990, and the Clean
Water Act, the Natural Resources Damage Assessment process can
be undertaken when there is a release of hazardous substances
or a discharge of oil. The assessment can be conducted by tribal,
state, or federal agencies with trustee responsibilities for affected
natural resources, sometimes with a lead trustee coordinating
the efforts of cotrustees. Natural resources can include fish,
wildlife, biota, habitat, sediments, soils, surface water, ground
water, and air. Trustees have responsibilities for resources in
their jurisdiction or management control, and can recover damages
for costs of restoration, as well as for injury, loss, or destruction
of natural resources resulting from the discharge. The restoration
process does not focus on a single medium, but entails a cooperative
effort to address all natural resources.
Federal interviewees, among others, observed that the Natural
Resources Damage Assessment process is an opportunity for input
from all parties and is on the cutting edge of multidisciplinary
efforts. It also addresses tough questions about responsibility
for damages.
Some state and industry representatives disagreed, maintaining
that the Natural Resources Damage Assessment process hampers cooperative
efforts. They cited Wisconsin as an example, where the Fish and
Wildlife Service is conducting an assessment in the Fox River
Area of Concern. Both the state and industry were concerned that
the assessment process retarded their efforts to develop a cooperative
solution to the contaminant problem in the Fox River Area of Concern.
But federal commentators pointed out that the state/industry voluntary
project, if implemented, may not address the extent of contamination
in the entire river or in Green Bay, and may not deal with remediation,
restoration, and compensation as set forth in the Natural Resources
Damage Assessment process under the Comprehensive Environmental
Response, Compensation, and Liability Act.
Comprehensive Environmental Response, Compensation, and Liability
Act. Interviewees raised three issues concerning the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA).
One state representative observed that because proposed Superfund
cleanups do not adequately consider the needs of the place or
ecosystem, they may leave too many contaminants in place, making
it "tougher to come in later and clean up the rest."
An ancillary concern expressed by both an NGO and a state representative
involved the need for more flexibility in developing settlements
under CERCLA, although no specifics could be provided.*
One representative commented that CERCLAs liability structure
may adversely affect remediation efforts in urban areas. Prospective
buyers fearful of CERCLA liability often look for "greenfield"
sites, rather than contaminated "brownfield" sites.
Reinvestment in "brownfield" sites, which often are
located in poor and minority communities, is consequently constrained.
This participant felt that environmental health is connected with
economic health, and that because CERCLAs liability structure
can discourage peoples willingness to buy in affected areas, it
indirectly affects ecosystem efforts in those areas. In light
of these concerns, and as part of a national Brownfields Economic
Development Initiative developed by EPA, Region 5 of EPA
is developing a proposed "Brownfields Strategy" to encourage
redevelopment of abandoned and unused urban sites. This strategy
relies on four basic principles that include encouraging participation
in state voluntary cleanup efforts and developing partnerships
with Region 5 states, local governments, and key external
stakeholders.
Clean Water Act. The point source and nonpoint source programs
under the Clean Water Act have played a major role in ecosystem-based
efforts in the Great Lakes basin, and are responsible for much
of the improved environmental health of the area. These programs,
moreover, are supplemented by additional pollution control efforts
in the basin, such as the International Joint Commissions zero-discharge
recommendation for Lake Superior. Aside from observing that these
programs are important and must continue to be funded, participants
had very little to say about the Clean Water Act. One participant
contended that contamination today is not generally caused by
noncompliance with the Clean Water Act, except in northwestern
Indiana.*
One participant stated that the Clean Water Act section 208
program had failed because it was disconnected with local needs
and did not conform to a watershed approach, which is necessarily
place-based. While others supported a watershed approach, some
representatives commented that a focus on "surface watershed"
may be too narrow, because it could exclude sediment transport
and acid deposition.
Endangered Species Act. One survey participant was frustrated
with the decline of species not yet protected by the Endangered
Species Act, whether as listed or candidate species. But according
to this interviewee, due to limited resources and budget constraints,
there is little that can be done; available money and resources
must be spent on activities that take higher priority.** This
participant maintained that when species are on the way to endangered
or threatened status, by the time they are finally listed, efforts
to protect them and to help them recover are more costly and less
effective.
Toxic Substances Control Act. Some participants were frustrated
that the Toxic Substances Control Act (TSCA) is not used more
effectively as a tool for an ecosystem-based approach. Persistent
toxic substances continue to enter the Great Lakes ecosystem,
affecting the environment and ultimately human health. Although
the TSCA provides the legal authority to assist in controlling
toxic substance discharges into the Great Lakes, interviewees
said that it has not been utilized fully to implement the Great
Lakes Water Quality Agreement goal of virtual elimination of discharges
of any or all persistent toxic substances. According to one report,
"though TSCA has been used to prevent the entry into U.S.
commerce of many new substances, the Act has not been used to
control any existing substance other than PCB, which was mandated
under Section 6(e)."
It was suggested that the Acts effectiveness may be limited because
of its language. Pursuant to section 6 of TSCA, "if the Administrator
finds that there is a reasonable basis to conclude that the manufacture,
processing, distribution in commerce, use, or disposal of a chemical
substance or mixture, or that any combination of such activities,
presents or will present an unreasonable risk of injury to health
or the environment," then the Administrator shall prohibit
or regulate those activities. To prohibit or regulate these activities,
however, the Administrator must use the "least burdensome
requirements." One interviewee felt that this requirement
limits the ability to regulate existing persistent toxic substances
under TSCA.
Unlikely partners in hydroelectric relicensing. A governmental
representative emphasized that an ecosystem-based approach requires
working with "unlikely partners" (a point reiterated
by an NGO representative), possibly in nontraditional settings.
One example involved relicensing of 11 Consumers Power hydroelectric
projects in Michigan. There, federal and state agencies and conservation
groups worked with Consumers Power to put together a settlement
addressing "virtually all resources" in the affected
three river systems (AuSable, Manistee, and Muskegon). A settlement
was worked out in Michigan by the parties and then provided to
the Federal Energy Regulatory Commission for inclusion in conditions
of Consumers Powers hydroelectric licenses.
Miscellaneous Legal Tools
Other federal statutory programs governing activities in the Great
Lakes region were mentioned as tools for implementing the ecosystem
approach. Unfortunately, aside from generalities, survey participants
could not provide any instances when these programs either facilitated
or hindered an ecosystem approach. These programs include the
Army Corps of Engineers section 404 program under the Clean Water
Act,* the Coastal Barrier Resources Act, the Coastal Zone Management
Act, the Anadromous Fish Conservation Act of 1985, the Estuary
Protection Act, the Migratory Bird Treaty Act, and the Lacey Act.
Additionally, various representatives mentioned their scientific
efforts to relate acid deposition, an important aspect of a holistic
view of the basin, to water, fish, and wildlife resource issues,
but no opinions were expressed on the nature of the Clean Air
Act program.
Public Participation and Open Information
Several survey participants discussed federal statutes-including
the Federal Advisory Committee Act, National Environmental Policy
Act, and Freedom of Information Act-that may hinder or aid public
involvement in efforts to implement the ecosystem approach, or
that constrain the open sharing of natural resource information
that is key to an ecosystem approach.
Federal Advisory Committee Act. Various participants commented
that the Federal Advisory Committee Act presents a potential barrier
to an effective ecosystem approach, because it may hinder involvement
by nonfederal officials. This is particularly true in the Great
Lakes region, where a variety of institutional forums exist and
where new forums for public participation are being considered.
However, no interviewees provided specific instances when the
Federal Advisory Committee Act has obstructed their efforts.
National Environmental Policy Act. One federal agency official
emphasized that the National Environmental Policy Act allows for
public input. But others expressed concern that the Act calls
for public input only when a federal agency has proposed some
action; it does not provide a forum for public input into the
process of assessing what proposals to consider.
Freedom of Information Act. Several representatives stated that
an ecosystem approach requires a well-distributed data base without
specific agency ownership. However, both a nongovernmental and
a federal representative noted that the Freedom of Information
Act can hamper attempts to facilitate such sharing of scientific
tests. The Act allows private parties to obtain scientific data
that could be used adversely in making development decisions or
altering aspects of a sensitive ecosystem in advance of any application
to a governmental body.
This problem currently affects, for example, the Natural Heritage
program established by The Nature Conservancy in partnership with
state and provincial governments. This program assembles various
inventories of biological resources, supplements them with additional
surveys, and then analyzes the data. But if this data is then
given to EPA, it can become subject to the Freedom of Information
Act and provided to developers and others in advance of development
activities. Someone with this information might alter environmentally
sensitive areas in advance of any activity requiring state and/or
federal approval. Accordingly, EPA has not purchased the data
yet and apparently is now performing an advance confidentiality
data assessment to determine the confidentiality of the data.
Bottom-Up Ecosystem Approach
The array of ecosystem efforts in the Great Lakes basin was driven
not by any regulatory structure, but rather by place-based needs
and by the institutions that developed to address those needs.
These institutions, in turn, provided an arena for Canada, federal
and state agencies, NGOs, and private parties to discuss and respond
to constantly evolving problems in the Great Lakes ecosystem.
Although Congress responded to the concerns that emerged from
this region by ratifying interstate compacts, statutorily engrafting
elements of the Great Lakes Water Quality Agreement, and enacting
specific measures to foster research and control problems identified
in the region, actual ecosystem approaches were crafted by the
participants themselves. No single statute or lawsuit can be credited
with initiating the ecosystem approaches described for the Great
Lakes basin.
This may explain why survey participants did not view the ecosystem
approach as a regulatory concept driven by concern for a single
medium (such as air, water, or pesticides), but rather as a process
that necessarily leads to resource management from a holistic
perspective. According to almost all participants, the ecosystem
approach should be based on an approach that considers the needs
of a particular ecosystem-a definite place-rather than focusing
on single media issues.
PUBLIC PARTICIPATION
For more than 15 years, the Great Lakes have been considered an
ecosystem and have enjoyed the support of a wide array of agencies,
organizations, and individuals. Over the years, this coalition
has formed work groups and task forces to determine the health
of the Great Lakes ecosystem and the status of its biological
and physical features. The public has helped to identify problem
areas and possible solutions for improving the health of the Great
Lakes ecosystem.
Federal and state agencies identified a variety of ways to encourage
public participation: involving the public in the decision-making
process; sharing information with the public; and educating the
public. Questionnaires, public meetings, roundtable discussions,
speaking engagements, news releases, computerized networks and
tours of project areas are used to get public input. Multimedia
approaches have often been found to be very effective in informing
the public and getting feedback on issues related to Great Lakes
resources.
Federal Involvement
There is considerable federal involvement in efforts to solicit
public participation in ecosystem approaches to the Great Lakes
basin. Agencies active in the region include EPA, the Fish and
Wildlife Service (part of the U.S. Department of the Interior),
the Forest Service, the National Oceanic and Atmospheric Administration
(NOAA, part of the U.S. Department of Commerce), and the National
Park Service (also part of the Interior Department).
Environmental Protection Agency. EPA has obtained input from the
public through surveys, listening sessions, news releases, and
other means of involving the public in resolving problems and
determining outcomes. Both Lakewide Management Plan and Remedial
Action Plan processes stress public participation. Moreover, public
forums have been created and are supported by EPA and the states
for each of the active Lakewide Management Plans and for each
Area of Concern. Finally, EPA supports education programs through
grants as well as specific activities related to its research
vessel.
Fish and Wildlife Service. The Fish and Wildlife Service uses
multimedia approaches to inform the public of proposed actions.
The various agency offices located around the Great Lakes hold
periodic public meetings, usually in conjunction with other federal
and state agencies. Brochures and other written materials are
often provided to attendees. Public notices requesting formal
responses are published in the Federal Register. In addition,
the agency develops special videos and short films for public
education and outreach.
Forest Service. The Forest Service has joined the National Park
Service and other federal agencies in a series of meetings with
nonfederal groups and the public to discuss common concerns in
the region. The Forest Service has also used traditional methods
of informing the public through news releases, Federal Register
notices, and speaking engagements.
National Oceanic and Atmospheric Administration. NOAAs National
Sea Grant Program funds Sea Grant Advisory Service Agents at universities
in all the Great Lakes states, except Pennsylvania. These agents
provide a wealth of information to citizens, industry, state agencies,
tribal groups, and other organizations. Citizens serve on advisory
committees. The Great Lakes Environmental Research Laboratory
participates in these outreach activities and works closely with
public schools in mentoring and advising on science curricula,
and related activities.
National Park Service. In 1985, the Midwest Region of the National
Park Service, in cooperation with other federal agencies, began
sponsoring a series of meetings with nonfederal groups and the
public. The purpose of these meetings has been to gather together
people and agencies with mutual interests to discuss their common
concerns. The National Park Service also holds public meetings
to find out how the public feels about operations on the national
parks. Scoping sessions are held with NGO representatives to solicit
similar input. Representatives from NGOs, Great Lakes states,
and local governments serve on advisory boards for the agency.
State Involvement
Representatives from several state agencies made observations
and offered suggestions during meetings with the team, including
the following:
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Nongovernmental Involvement
Nongovernmental organizations that play a role in developing ecosystem
approaches to the Great Lakes basin include environmental organizations,
universities, industry, and tribal natural resource organizations.
Many national, regional, state, and local NGOs participate in
ecosystem activities, and some fund research and other activities
on the Great Lakes. For example, the National Wildlife Federation
cited several studies funded on its own initiative.
Observations from this diverse group were as varied as one might
expect. Comments and suggestions included the following:
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Participants Suggestions
Comments and suggestions from interviewees on public participation
in the ecosystem approach in the Great Lakes basin included the
following:
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In summary, members of the public feel a close relationship to
the resources of the Great Lakes basin. They recognize a declining
resource that needs attention, and feel that too many issues are
not addressed by federal and state agencies. Due to their interest
in the resource and to low government funding, some organizations
have chosen to fund projects that will answer their questions.
Some survey participants thought that public participation needs
to be improved. Some felt that federal laws hinder meaningful
public input, particularly the Federal Advisory Committee Act
and the National Environmental Policy Act. Others have had to
use the Freedom of Information Act to get information on specific
governmental decisions and actions.
SCIENCE AND INFORMATION
According to interviewees, a scientific understanding of how the
system works is essential to the ecosystem approach. Sustained,
continuous scientific analysis is important for long-term solutions.
Furthermore, a commitment to monitoring and assessment is fundamental
to the success of this approach. For example, the Green Bay ecosystem
approach has facilitated long-term research and monitoring oriented
toward management objectives, as well as to collaboration of multiple
agencies in the Green Bay Mass Balance Study.
It was also emphasized that the ecosystem approach must be a multiple-scale
effort that addresses all media (including air, soils, and water).
Several interviewees asserted that each location had a different
ecosystem, with its own set of problems and factors, and that
different stressors must be recognized at different locations.
Another participant put it this way: efforts must focus on a particular
set of stressors and on interactions among them.
The Great Lakes scientific community, especially through the International
Joint Commission, has advocated an ecosystem approach for more
than 15 years; several reports on the subject date back as
far as 1978. The research community is large and diverse: there
are more than 300 organizations doing research on the Great Lakes,
with more than 900 projects recently catalogued.
Gaps and Limitations
In general, survey participants said they got their science and
information from multiple sources. One state agency said it got
scientific input by convening a panel of experts. Tribes in particular
need research and expertise from the federal government. Like
others, they get science from various sources. Although interviewees
said that science and information are essential, no one indicated
that current lack of data or science was a major stumbling block
to the ecosystem approach.
Nevertheless, interviewees described several science and information
gaps and limitations. Two types of scientific information were
said to be important: ecological patterns and ecological processes.
Linked to the first was recognition of the need for landscape-level,
geographically organized information that is linked through models
to ecological, social, and economic factors. Another theme was
the need for information to be shared and accessible. One participant
warned that the ecosystem approach is information-intensive-more
intensive than community- or population-level information. Several
interviewees emphasized the need to be able to measure progress
(and success).
A number of assertions were made about data, data quality, and
data sharing. Most interviewees organizations collect data, but
are starting to realize the need for data from other sources.
Participants felt that data collected by volunteers can be useful,
although it must be carefully evaluated for quality and accuracy.
Still, they also felt a need to understand the limitations of
data they did not collect themselves or that was collected for
purposes other than their own.
Some said that there is duplicated data collection among various
federal agencies. Many agreed that, no matter what the source,
data bases (that is, data sets) must be standardized and shareable.
Other interviewees felt that there are too many sets of information
owned by single entities-all of the stakeholders involved in an
ecosystem, they maintained, should have a common set of information
with compatible data sets.
The Great Lakes community is a model for other ecosystems in terms
of data sharing and accessibility. The Great Lakes Information
Network links data, information, and individuals in the region
using the Internet. Linked information providers include the Great
Lakes Commission, Great Lakes Environmental Research Laboratory/NOAA,
Federal Reserve Bank of Chicago, Army Corps of Engineers, U.S.
Geological Survey, Great Lakes Protection Fund, EPA Great Lakes
National Program Office, Great Lakes Sea Grant Network, Michigan
State University, Great Lakes Research Consortium at State University
of New York at Syracuse, Canadian Center for Inland Waters, and
Universities Council on Water Resources. Subjects include: the
environment and natural resources; commerce, industry, and the
economy; policy and legislation; human health; and education.
Available are fact sheets, calendars and current events, newsletters,
directories and bibliographies, and draft documents for review.
Interaction of Scientists With Managers and the Public
Several survey participants stated that science is not linked
strongly enough to management. Many felt that research projects
intended to be useful to managers must be designed with management
objectives in mind.
Some participants felt that scientists write only for other scientists,
and that they must learn to write for the public as well.
OBSERVATIONS AND RECOMMENDATIONS
Based on interviews and materials collected in the Great Lakes
basin, and after careful consideration, the survey team developed
a series of observations about the ecosystem approach, and recommendations
for its continued development in the Great Lakes ecosystem and
its broader application across the nation.
Observations
After studying and discussing ecosystem approaches in the Great
Lakes basin, the survey team drew the following conclusions:
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Recommendations
After careful deliberation based on observing ecosystem approaches
in the Great Lakes basin, the survey team makes the following
recommendations for federal agencies:
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The Pacific Northwest forests are one of seven ecosystems chosen
for further study by the Interagency Ecosystem Management Task
Force. In August 1994, a survey team traveled to Oregon and Washington
to interview federal, state, and tribal parties. The team focused
on the management of federal forest lands within the ecosystem,
because those lands were the subject of an interagency effort
based on a forest management plan jointly adopted by the Secretaries
of Agriculture and the Interior. The team did not review the relationship
of the Administrations Forest Plan to private land management
issues: the ecosystem-based management strategy for the Pacific
Northwest is limited to federal lands and does not prescribe management
practices for private lands. The survey team consisted of Bob
Szaro, Diane Gelburd, and Susan Huke from the U.S. Department
of Agriculture (USDA); Jim Pipkin, Don Knowles, and Harvey Doerksen
from the U.S. Department of the Interior; and Louise Milkman from
the U.S. Department of Justice.
From August 16 through 19, the team met with representatives from
the USDA Forest Service, Bureau of Land Management, U.S. Fish
and Wildlife Service, Bureau of Indian Affairs, National Park
Service, National Marine Fisheries Service, and Environmental
Protection Agency; staff in the Office of Forestry and Economic
Development and Regional Ecosystem Office; state officials from
California and Oregon; and three tribal representatives.
The team also met or talked with George Frampton, Assistant Secretary
of the Interior for Fish and Wildlife and Parks; Jack Ward Thomas,
Director of the Forest Service; and Mike Dombeck, Acting Director
of the Bureau of Land Management.
It should be noted at the outset that this survey was limited
by pending litigation. In view of the numerous lawsuits that were
challenging the Clinton administrations Forest Plan at the time
of the interviews, it was deemed inappropriate to meet with any
of the private parties or counties involved in the litigation.
Even with federal officials, it was not considered appropriate
to discuss issues under litigation. For example, the team did
not pursue questions related to the scientific analysis underlying
the Administrations decision on the Forest Plan or the decisions
compliance with all relevant statutes and regulations.
BACKGROUND
The Pacific Northwest forest ecosystem refers generally to the
extensive forests that are now considered to be the range of the
northern spotted owl (figure 1). The ecosystem extends from the
coast to the crest of the Cascade Mountains (including a portion
of the east side of the Cascades), from southern British Columbia
into northern California almost to the San Francisco Bay. With
the exception of the Puget Sound and the Willamette Valley in
Oregon, the region is mostly mountainous. Figure 2 shows physiographic
provinces within the range of the northern spotted owl.
The Historic Ecosystem
Throughout much of the region, wildfire and Native American use
of fire played a major role in shaping the forests. Intensive
timber harvesting since World War II and intensive fire suppression
efforts over the past 60 years have caused several changes in
forest characteristics, such as increases in fragmentation and
fuel materials, and changes in species mix.
Vegetation is generally of a mixed conifer forest type, but varies
among physiographic provinces. In the Olympic Peninsula area,
there are coniferous rain forests on the western slopes of the
Olympic Mountains and relatively dry Douglas-fir forests in the
rain shadow on the eastern slopes.
There are lowlands, including coniferous forests, deciduous forests,
and native prairie grasslands, throughout the Puget Sound and
southwestern Washington. The northern portions of the Cascades
region are characterized by Douglas-fir and western hemlock at
lower elevations, and mountain hemlock and silver fir at higher
elevations. To the south in Oregon, Douglas-fir and western hemlock
give way to mixed conifer forests of Douglas-fir, grand fir, and
incense cedar. In California, the forests are dominated by mixed
conifers or ponderosa pine. The Coast Range Mountains are dominated
by Douglas-fir, western hemlock, and western redcedar in the north;
redwood forests and mixed forests of Douglas-fir and hardwoods
dominate the southern portion.
This ecosystem is characterized by relatively higher precipitation
than the area immediately east of the Cascade divide. Precipitation
is generally in the form of winter storms. The higher elevations
receive mostly snow, whereas lower elevations get rain. Condensation
drip is an important source of moisture at middle elevations and
in the coastal provinces. Precipitation increases over coastal
mountains and the Cascade Range, and decreases sharply in the
lee of the higher terrain. The southern part of the region has
a typical Mediterranean climate of mild, wet winters with warm,
dry summers, whereas the northernmost area has a much wetter climate
and cooler summers.
There are thousands of miles of rivers and streams within the
ecosystem. They include large systems such as the Columbia, Skagit,
Rogue, and Klamath Rivers; small headwater streams originating
from glaciers in the Cascade Range; coastal streams influenced
by rain; many lakes and ponds; and wetlands associated with rivers,
streams, lakes, ponds, seeps, and springs. Aquatic conditions
in the Pacific Northwest provide suitable habitat for salmonids,
particularly anadromous salmonids, which are present throughout
the ecosystem.
Historic Forest Practices
Timber harvesting in the extensive forests of the Pacific Northwest
began in the 1800s, when the first non-Indian immigrants began
to settle and farm the interior valleys of western Oregon and
the Puget Sound region. Initially, the forests that covered much
of the landscape were viewed as an impediment to progress. They
were systematically cleared to make way for agriculture.
In the late 1800s and early 1900s, timber extraction for commercial
purposes began to increase. Lumber camps sprang up in the region,
especially in areas accessible by river or railroad. Lowland areas
close to population centers were logged first, then less accessible
areas in more mountainous terrain. Logging in these early years
frequently consisted of a clearcut and burn approach in which
noncommercial species and many small-diameter trees were wasted.
There was little or no attention to replanting after harvest.
Shortly after World War II, with increased demand for housing,
the invention of the gas-powered chain saw, and improvements in
transportation, logging began in earnest on federal lands in the
Pacific Northwest. Gradually, methods of forest management were
adopted on most federal and private lands that included clearcutting,
removal of logs and snags, slash burning, thinning, and planting
of single-species stands on cutover areas. It was assumed that
forests managed in this manner could be cut and regrown in relatively
short intervals of perhaps 40-80 years without negatively affecting
other resources, such as water quality, fish, soils, or terrestrial
animals.
The emphasis on timber production is exemplified by the Oregon
and California (O&C) Lands Act of 1937 (43 U.S.C. §§ 1181a
et seq.). This Act covers Bureau of Land Management timber management
on revested O&C Railroad grant lands and reconveyed Coos Bay
Wagon Road grant lands in western Oregon. The Act specifies that
lands "classified as timberlands, and power-site lands valuable
for timber, shall be managed . . . for permanent forest production,
and the timber thereon shall be sold, cut and removed in conformity
with the principle of sustained yield for the purpose of providing
a permanent source of timber supply, protecting watersheds, regulating
stream flow, and contributing to the economic stability of local
communities and industries, and providing recreational facilities."
Furthermore, the O&C Lands Act and the National Forest Management
Act of 1976, 16 U.S.C. §§ 1604 et seq., create
both a strong interdependency between local governments and the
two primary federal land management agencies, the Bureau of Land
Management and the Forest Service, and an incentive to harvest
timber. Counties in which any part of the O&C lands are located
receive 50 percent of the revenues generated by those lands.
Counties receive 25 percent of revenues generated from Forest
Service lands.
After more than a century of logging and fire control, the Pacific
Northwest forests are now a highly fragmented mosaic of recent
clearcuts, thinned stands, and young plantations interspersed
with uncut natural stands. The remaining natural stands
*****
Figure 1.-Range of the northern spotted owl in the United States.
Boundaries of national forests within the owls range are shown.
Figure 2.-Physiographic provinces within the range of the northern
spotted owl.
*****
range from forests that are at least 1,000 years old to relatively
young, even-aged stands that have regenerated naturally after
wildfires. Because wildfires and windstorms often kill only part
of natural stands, they are frequently characterized by uneven-aged
mixtures of trees that survived catastrophes and younger trees
that filled in the understory afterwards.
Stands that still have many old trees in the overstory are usually
referred to as "old growth" or "ancient forests."
Where there are only scattered individuals or patches of large
old trees and a majority of young or mature trees, the stands
are referred to as "mixed age" or even "young."
Mixed-age stands are particularly common in areas such as the
Oregon Coast Range, where there were extensive fires in the 1800s.
Mixed-age stands defy categorization according to the significant
attributes of either "old growth" or "young"
forests. These mixed-age stands have been the center of the debate
over how much "old growth" or "ancient forest"
is left in the Pacific Northwest.
Modification of Management
Changes in public perceptions of and expectations for federal
land management in the Pacific Northwest and elsewhere have led
to gradually increased protection of unique ecosystems and species,
increased concern for riparian areas, and experimentation with
methods of "new forestry" that are designed to produce
timber while retaining some of the structural features found in
old forests, thereby more closely imitating natural disturbance
regimes. Prior efforts to ensure permanent forest production levels
assumed that sustainable forest harvest levels would sustain all
forest processes and functions. These changes have decreased the
volume of timber sold on federal lands, and have generated considerable
public controversy.
As studies on the ecology of late-successional, or old-growth,
forests began to proliferate in the 1970s and 1980s, it became
apparent that forest management based primarily on high-yield,
short-rotation forestry would not adequately protect the considerable
biodiversity that was present in those forests and their associated
aquatic ecosystems. Furthermore, new legislation, particularly
the National Environmental Policy Act of 1969, 42 U.S.C.
§§ 4231 et seq., the Endangered Species Act of
1973, 16 U.S.C. §§ 1531 et seq., and the species
viability requirements under the National Forest Management Act
of 1976 focused attention on the ecological implications of timber
harvest practices.
Ultimately, the issue focused on the need to retain the old-growth
forest ecosystem in the Pacific Northwest, and on methods for
preserving it. Much of the public debate centered on threatened
and endangered species, most notably the northern spotted owl
as an indicator species for this ecosystem. Subsequent listings
of the marbled murrelet and certain runs of salmon have highlighted
the fate of specific species in the region.
Modification of timber management on federal lands in response
to apparent declines of the northern spotted owl had already begun
in the early 1980s, even before the owl was listed as threatened.
For example, on September 26, 1983, the Bureau of Land Management
and the Oregon Department of Fish and Wildlife signed an agreement
for "Spotted Owl Habitat Management on Bureau of Land Management
Lands in Western Oregon" that stipulated the Bureaus obligation
to manage certain sites designated as spotted owl habitat for
a 5-year period and to maintain a population of 90 pairs. The
Bureau of Land Management and Oregon Department of Fish and Wildlife
were to cooperate on the development of habitat management plans
for these sites, which came to be known as spotted owl management
areas. By 1987, approximately 110 spotted owl management areas
were being monitored. On December 22, 1987, the parties extended
their agreement for 3 years.
In October 1989, the Interagency Scientific Committee to Address
the Conservation of the Northern Spotted Owl was established by
an interagency agreement between the Forest Service, Bureau of
Land Management, Fish and Wildlife Service, and National Park
Service. Its charter was subsequently incorporated into section
318 of the Department of the Interior and Related Agencies Appropriations
Act for Fiscal Year 1990
(P.L. 101-121), which required the Interagency Scientific Committee
to develop a scientifically credible conservation strategy for
the owl. The six-member committee was chaired by Jack Ward Thomas,
who was then Chief Research Wildlife Biologist at the Forest Services
Pacific Northwest Research Station in La Grande, Oregon. He was
assisted by advisors from states, interest groups, and federal
agencies.
The Interagency Scientific Committees report (commonly called the "Thomas Report" or the "ISC Report"), which was published on April 2, 1990, recommended a strategy that included establishing reserves known as habitat conservation areas. These areas, which were interspersed among other lands referred to as the forest matrix, were designed to support multiple owl pairs, and to provide a basis for future dispersal and nesting. The Interagency Scientific Committee established standards and guides for the distribution, location, size, spacing, and quality of habitat conservation area lands and connectivity between them.
On June 26, 1990, the Fish and Wildlife Service listed the northern
spotted owl as threatened throughout its range, effective July
23, 1990. On January 15, 1992, 6.9 million acres of federally
owned land were designated by the agency as critical habitat for
the owl. Deleted from earlier proposed critical habitats were
state and federal acreage where the economic impacts of designation
outweighed the potential benefits to the owl.
The Forest Service committed itself to managing its lands in a
manner "not inconsistent with" the Interagency Scientific
Committee strategy. In lieu of following the Committee plan, the
Bureau of Land Management used the so-called Jamison strategy
in proposing timber sales, under which the Bureau would offer
reduced levels of timber sales (reduced from the annual allowable
harvest based on the agencys 10-year harvest plan) in both fiscal
years (FY) 1991 and 1992, offer no timber sales in habitat conservation
areas or in spotted owl management areas delineated under the
agreement with Oregon, and consider the Interagency Scientific
Committees standard for dispersal habitat where possible. In addition,
the Bureau proposed to increase efforts, in cooperation with other
agencies, to study the owl and its needs as well as associated
topics in silviculture management. It also proposed to include
a management option emphasizing owl and habitat protection that
incorporated the Interagency Scientific Committees recommendations
as an alternative for analysis in the planning process, leading
to new resource management plans.
The Fish and Wildlife Service, in its final biological opinion
on the FY 1990 Bureau of Land Management timber sales program,
concluded that 52 of the proposed 174 sales were likely to
jeopardize the existence of the northern spotted owl, partly because
the Bureau did not agree to strictly follow Interagency Scientific
Committee guidance in many areas. The Bureau modified eight of
the sales to remove jeopardy, but sought exemption from section
7 of the Endangered Species Act to permit it to hold timber sales
on the remaining 44 tracts in its FY 1991 timber sales program.
In its meeting of May 14, 1992, the Endangered Species Committee
exempted 13 of the 44 sales and denied exemptions for the other
31. Nevertheless, the sales were the subject of litigation and
the 13 exempted tracts were not offered for sale. Early in the
Clinton administration, Interior Secretary Babbitt withdrew the
Bureaus request for exemption, rendering moot the Endangered Species
Committees decision.
In February 1991, then-Secretary of the Interior Lujan appointed
an interdisciplinary Northern Spotted Owl Recovery Team with expertise
in biology, forestry, silviculture, and economics. The team included
federal employees from several agencies, academic scientists,
and representatives from the Governors offices in California,
Oregon, and Washington. The recovery team held monthly open public
meetings from March to September 1991, then met in closed
session to develop final options and recommendations in the form
of a draft recovery plan. Significantly, the draft plan included
an appendix devoted to analyzing the effects of recovery efforts
on all known plants and animals associated with late successional
old growth ecosystems. This represented an initial step away from
species-by-species correction efforts. The draft plan was released
for public review in January 1992, and public hearings were
held throughout the three states during the spring of 1992.
The proposed final recovery plan was presented to Secretary Lujan
in the final days of the Bush administration, but action was deferred
to the Clinton administration. To date, no action has been taken
to accept the plan as final.
Shortly after the recovery team was convened, the House Agriculture,
Interior, and Merchant Marine and Fisheries Committee and relevant
subcommittees formed the Scientific Panel on Late Successional
Forest Ecosystems and assigned it the following tasks: to identify,
map, and classify ecologically significant old growth forests
on federal lands; to develop management options for lands outside
of reserves; to develop alternatives for protecting old growth;
and to quantify the effect on sustainable harvest levels of each
reserve system. This effort specifically targeted the sustainability
of late successional old growth ecosystems, in contrast to species-driven
efforts. Referred to as the "Gang of Four," the panel
of experts consisted of K. Norman Johnson of Oregon State University,
Jerry F. Franklin of the University of Washington, Jack Ward Thomas
of the Forest Service, and John Gordon, Dean of the Forestry School
of Yale University. The panel submitted its report to Congress
on October 8, 1991, but there has been no congressional action
on it.
Federal agency actions pertaining to Pacific Northwest forests
have been the subject of constant litigation since the 1980s.
An injunction against the Forest Service following the Endangered
Species Committee decision to allow the 13 sales to proceed led
to creation of yet another scientific group, the Scientific Analysis
Team. This team evaluated the effect of the Interagency Scientific
Committee strategy on all forest species known to occur in the
range of the northern spotted owl to ensure that liability requirements
under the National Forest Management Act were not knowingly violated.
This represented another step away from single-species protection
of the northern spotted owl and toward more multiple-resource
management of the ecosystem. The Forest Services attempt to implement
Interagency Scientific Committees recommendations was stopped
by Judge William L. Dwyer based on the following determinations:
the 1992 Final Environmental Impact Statement on Management for
the Northern Spotted Owl in the National Forests violated the
National Environmental Policy Act; the Forest Service did not
address whether its adoption of the Interagency Scientific Committees
conservation strategy would cause extirpation of any of 32 species
identified in the final environmental impact statement as closely
associated with late-successional or old-growth forests, in addition
to its consideration of the owl; and the Forest Service had not
analyzed the effects of the Interagency Scientific Committees
strategy on the 13 Bureau of Land Management sales exempted by
the Endangered Species Committee.
The Scientific Analysis Team, led by Jack Ward Thomas, was composed
primarily of Forest Service personnel, with only 1 of its 10 members
from another agency (the Fish and Wildlife Service). The 13 experts
recruited by the team to assist in its work were all from the
Forest Service. The teams report, completed in March 1993, was
later used as a significant resource document by the Forest Ecosystem
Management Assessment Team and as an appendix to the draft supplemental
environmental impact statement that accompanied the Administrations
Forest Plan.
Protecting Regional Economies
At the same time that agencies were taking actions to adjust to
the new demands of public opinion, to satisfy their legal obligations,
and to meet the needs of listed endangered species (particularly
those of the northern spotted owl), there were other actions to
mitigate economic losses incurred from reduced timber harvests.
The Federal Timber Contract Payment Modification Act of 1984 (P.L.
98-478) was intended to address financial problems in the timber
industry. Timber purchasers had submitted high bids for contracts
in the late 1970s, based on their belief that housing starts would
remain high, demand for forest products would increase, and inflation
would continue. But timber prices dropped drastically, forcing
holders of those contracts to absorb major losses. The "Buy-Out
Act" allowed purchasers to pay fees in lieu of carrying out
their contracts. In 1988, purchasers who still held contracts
but had been unable to take advantage of the Buy-Out Act were
allowed to defer certain portions of payments for harvested timber
under certain circumstances.
In response to judicial prohibitions on timber harvesting and
a policy stalemate, section 318 of the U.S. Department of the
Interior Appropriations Act (P.L. 101-121) required the Bureau
of Land Management and Forest Service to offer an aggregate total
of 1.9 billion board feet for sale in FY 1989 and 1990, a reduction
from approximately 3 billion board feet. It also required
the Bureau and Forest Service to consider the recommendations
made by the Interagency Scientific Committee.
For FY 1991, 1992, and 1993, Congress passed "safety net"
legislation (P.L. 101-512, 102-154, and 102-381) to protect O&C
counties from declining revenues due to reduced timber harvest.
The legislation provided that revenues to those counties in FY
1991 would not be less than 90 percent of the average annual
payment made to them from O&C receipts during a 3-year baseline
period (FY 1988-1990); for 1992 and 1993, the average of the 5-year
baseline period of FY 1986-1990 was used. In both cases, the years
used for averages were ones in which there had been particularly
high payments to the counties. The Omnibus Budget Reconciliation
Act of 1993 (P.L. 103-66) gives a new payment calculation
for FY 1994-2003 for O&C timber receipt sharing. The
payments for FY 1994-1998 will be equal to the applicable
percentage multiplied by the average of the revenues to each county
during FY 1986-1990. In FY 1999-2003, payments will
be the greater of the amount calculated by the new formula or
the amount calculated under the old 50-percent formula.
Concurrently, both the Forest Service and Bureau of Land Management
were mired in litigation. By the early 1990s, most federal agencies
were prohibited from offering additional timber sales west of
the Cascades. A White House press release on September 14, 1994,
during the Bush administration, echoed the increasing frustrations
of the Pacific Northwest region:
Environmental organizations have filed eleven lawsuits seeking
to lock up our public forest lands and opposing Administration
efforts to implement spotted owl management plans. These lawsuits
exploit the conflicting mandates of laws passed by Congress governing
the management of our federal forest lands. Laws such as National
Environmental Policy Act, National Forest Management Act, and
Endangered Species Act were passed by Congress without any review
of how these statutes, each with their own particular congressional
mandate, work together.
This avalanche of litigation regarding forest management, heard
by judges who have gone far beyond simply interpreting the statutes,
and a Congress that has failed to pass legislation necessary to
appropriately change the law, has resulted in stopping the federal
timber harvest program in the Northwest. As a result, hundreds
of mills have been shut down, and thousands of timber workers
have been thrown out of work, reducing critical federal timber
harvest revenues to local communities for schools and other services.
Current Situation
On April 2, 1993, consistent with his campaign pledge, President
Clinton convened the Forest Conference in Portland, Oregon, to
address the human and environmental needs served by federal forests
of the Pacific Northwest and northern California. The President,
Vice-President, and many Cabinet members spent an entire day listening
to all points of view and collecting information.
President Clinton directed his Cabinet to craft a balanced, comprehensive,
long-term policy for the management of over 24 million acres of
public land. The President directed that the plan meet the following
five principles:
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1. Where sound management policies can preserve the health of
forest lands, sales should go forward. Where this requirement
cannot be met, we must do our best to offer new economic opportunities
for year-round, high-wage, high-skill jobs. |
An interagency, interdisciplinary team of expert scientists, economists,
sociologists, and others was assembled and led by Jack Ward Thomas.
After 3 months of intensive work, which included review and
evaluation of all fully developed proposals for management of
federal forests within the range of the northern spotted owl,
this Forest Ecosystem Management Assessment Team produced a detailed
assessment of 10 options. A second team developed options for
dealing with economic dislocation that could result from reduced
timber harvests, while a third team reported on the required interagency
coordination for implementation of an ecosystem-based approach
to forest management.
On July 1, 1993, President Clinton announced his proposed "Forest
Plan for a Sustainable Economy and a Sustainable Environment,"
containing comprehensive strategies for forest management, economic
development, and agency coordination. The Administrations Forest
Plan provides:
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The forest management strategy was analyzed in a draft
supplemental environmental impact statement issued in July 1993.
More than 100,000 comments were received during the 3-month
public comment period. The final environmental impact statement
was made available to the public in February 1994.
There have been several actions aimed at implementing the preferred
alternative (Alternative 9) of the final environmental impact
statement. In a Record of Decision, the Secretaries of Agriculture
and the Interior jointly amended the planning documents of 19
national forests and 7 Bureau of Land Management districts.
This comprehensive strategy for an ecosystem approach to common
administration of lands in the Pacific Northwest has extensive
standards and guidelines, including land allocations. About 30
percent of the lands of these two agencies have been set aside
by Act of Congress. Under the plan, the remaining 70 percent
are allocated as follows: late-successional reserves (30 percent);
adaptive management areas (6 percent); managed late-successional
areas (1 percent); administratively withdrawn areas (6 percent);
riparian reserves (11 percent); and matrix (16 percent).
Although certain thinning and salvage activities would be allowed
in the reserves, programmed timber harvest could be conducted
only in the 22 percent designated as matrix or adaptive management
areas (rather than in the full 70 percent formerly available
for harvesting), and only in compliance with standards and guidelines
designed to achieve conservation objectives.
The implementation of this decision calls for a high level of
coordination and cooperation among agencies in the long term.
A Memorandum of Understanding for Forest Ecosystem Management,
agreed to by the White House Office on Environmental Policy, the
Departments of the Interior, Agriculture, and Commerce, and the
Environmental Protection Agency (EPA), established a formal procedure
for interagency coordination for an initial 5-year period. The
memorandum also created several coordinating groups, including
the Interagency Steering Committee, Regional Interagency Executive
Committee, and Regional Ecosystem Office.
The Interagency Steering Committee establishes overall policies
governing the prompt, coordinated, and effective implementation
of the Forest Plan by all relevant federal agencies, and addresses
and resolves issues referred by the Regional Interagency Executive
Committee. The Interagency Steering Committee has representatives
from the offices of the Secretary of the Interior, Secretary of
Agriculture, Administrator of EPA, and Under Secretary of Commerce
for Oceans and Atmosphere, and is led by the chair of the Council
on Environmental Quality. A White House-appointed representative
from the Committee serves as interagency coordinator to provide
general oversight and guidance of regional activities.
The Regional Interagency Executive Committee (RIEC) consists of
the Pacific Northwest regional heads of the Forest Service, Bureau
of Land Management, Fish and Wildlife Service, National Marine
Fisheries Service, National Park Service, Bureau of Indian Affairs,
and EPA. In addition, the RIEC receives public advice from the
Intergovernmental Advisory Committee, with representatives from
the agencies on the RIEC itself, three tribal representatives,
and representatives from research arms of the Forest Service,
National Biological Service, and Natural Resources Conservation
Service, and from the states of Washington, Oregon, and California,
and affected counties. The RIEC is the senior regional entity
charged with assuring the prompt, coordinated, and successful
implementation of the standards and guidelines outlined in the
Record of Decision adopted by the Secretaries of Agriculture and
the Interior. The RIEC also implements the directives of the Interagency
Steering Committee, reports regularly on implementation progress,
and refers issues relating to the policies or procedures for implementing
the standards and guidelines to the Interagency Steering Committee.
Its policy and planning decisions and recommendations are made
collaboratively. Individual land management and consultation agencies
retain the decision-making authority vested in them by statute.
The Regional Ecosystem Office provides staff support to expedite
RIEC decision making and prompt interagency issue resolution for
implementation of standards and guidelines. This Office, which
reports to the RIEC, develops, evaluates, and resolves consistency
and implementation issues related to specific topics. The Office
also evaluates major modifications that emerge from the adaptive
management process and coordinates the formulation and implementation
of data standards. It does not have decision-making authority,
but makes recommendations to the RIEC. In late September 1994,
a new executive director of the Office was appointed.
A Research and Monitoring Committee, composed of full-time scientists
in the Regional Ecosystem Office and a standing group of agency
liaison officers, makes recommendations to the RIEC on implementation
of standards and guidelines through monitoring and research plans.
The Interorganizational Resource Information Coordinating Council
is charged with addressing technical and policy issues and recommendations
for the utilization of resource information, intergovernmental
communications and data sharing, public access, data standards,
data compatibility, geographic information systems, and related
technologies.
Province-level teams comprised of representatives from federal
agencies provide or coordinate analyses at the province level
as the basis for amendments to forest and district plans. These
teams also prepare monitoring reports for provinces. Advisory
committees to each province-level team include representatives
from states, tribes, affected counties, the timber industry, and
environmental groups, as well as hunters, fishermen, and others.
On December 21, 1994, in his "Order on Motions for Summary
Judgment Re: 1994 Forest Plan" (Seattle Audubon Society et
al. v. James Lyons et al.), Judge William L. Dwyer ruled
that the federal agencies were acting within the bounds of the
law in implementing the Forest Plan. The judge noted that for
the first time in several years, the forests that provide habitat
for the northern spotted owl will be managed by the responsible
agencies under a plan found lawful by the courts. In particular,
the judge noted that agencies had previously operated independently
and sometimes in conflict, and that "there is no way the
agencies could comply with the environmental laws without planning
on an ecosystem basis," given the current condition of the
forests.
BUDGET ISSUES
The funds allocated by federal agencies to implement the Forest
Plan are focused on two objectives: an ecosystem approach to forest
management; and economic adjustment and community assistance.
During the case study interviews, budget-related discussions focused
on activities to implement a forest ecosystem approach and the
management of priority setting and funding of interagency offices
and activities. Interviewees remarked on the lack of management
flexibility under current budget structures and processes, as
well as on the difficulties associated with implementing ecosystem-based
management during a period of stable or decreasing budgets and
agency downsizing. Whereas expenditures for some activities with
well-defined outputs (such as stream restoration, stocking fish,
and production of elk habitat) have well-established constituencies,
equally effective constituencies need to be developed for ecosystem-based
management initiatives, for which there are less well-defined,
longer term outputs and a lower level of goods and services. Furthermore,
there is an increased need to coordinate agency budgets for on-the-ground
activities involving multiple agencies, such as Endangered Species
Act section 7 consultations on stream restoration or timber sale
projects. Multiagency budget coordination is difficult, because
different agencies have different reviewers from the Office of
Management and Budget and from the different appropriation subcommittees
that fund the major federal agencies that manage federal lands
in the Pacific Northwest.
Current Budget Agreements
Current budget agreements include interagency Memoranda of Understanding
for economic adjustment and community assistance and for the forest
ecosystem approach pursuant to the Administrations Forest Plan.
Although these Memoranda provide a degree of funding for the interagency
ecosystem approach in the Pacific Northwest, constraints to effective
interagency funding remain.
Economic adjustment and community assistance and objectives. An
Interagency Memorandum of Understanding for Economic Adjustment
and Community Assistance was signed by the Secretaries of the
Interior, Agriculture, Commerce, Labor, and Housing and Urban
Development; the Administrator of EPA; the Deputy Director of
the Office of Management and Budget; the Administrator of the
Small Business Administration; the Assistant to the President
for Economic Policy; the Assistant to the President for Domestic
Policy; and the Director of the Office on Environmental Policy.
The Memorandum committed funding to the community assistance program
in the Pacific Northwest forest ecosystem.
The Forest Plan identified more than $270 million in new funding
for FY 1994-$1.2 billion over 5 years. It was estimated that
the Plan would directly affect approximately 6,000 jobs in 1994,
create more than 8,000 jobs, and fund 5,400 additional retraining
opportunities. Key elements of the Administrations Forest Plan
for FY 1994 included:
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Memorandum of Understanding for Forest Ecosystem Management. The
Memorandum of Understanding for Forest Ecosystem Management, which
was signed by the Director of the White House Office on Environmental
Policy, the Secretaries of the Interior and Agriculture, the Administrator
of EPA, and the Under Secretary of Commerce for Oceans and Atmosphere,
established a framework for coordination of the ecosystem approach.
This agreement did not commit funds. However, a cross-agency budget
of $156.7 million was developed to support forest the ecosystem
approach for FY 1995. Budgetary partners included the Bureau of
Land Management, Forest Service, Fish and Wildlife Service, Bureau
of Indian Affairs, National Park Service, National Marine Fisheries
Service, and EPA.
Constraints
Agencies have found it difficult to set goals in an interagency
fashion, then to follow through with the dollars needed to reach
the goals. Many federal agency representatives consider the general
lack of budget flexibility a key constraint. Some agencies have
more restrictions than others. Agency budget systems are usually
structured to track expenditures by counting outputs. For example,
it is easier to measure the volume of timber sold and miles of
boundary line surveyed than it is to measure the water quality
improvement in a watershed. Ecosystem-based management goals and
objectives are not yet well-defined in the traditional financial
benchmarks of counting and measuring. It has been difficult to
pinpoint the costs and benefits of implementing certain aspects
of the plan.
In addition, some interviewees felt that the FY 1994 appropriations
language in the Administrations Forest Plan was much more restrictive
for the Forest Service than it was for the Bureau of Land Management.
In the Conference Report for H.R. 2520, "Making Appropriations
for the Department of the Interior and Related Agencies for the
Fiscal Year Ending September 30, 1994" (House Report 103-299,
pages H8035-56), the conferees agreed that the Bureau could
reprogram up to $17.3 million in funds from the O&C grant
lands account for watershed assessment and restoration, without
further restrictions. But Amendment No. 71 of the Conference
Report provided much more explicit instructions on how Forest
Service funds were to be transferred and used: for example, securing
key watersheds was specified as first priority; and rehabilitation
projects were to be undertaken only after watershed inventory
and analysis were complete.
Many agency representatives noted the problems they had reorienting
budgets in the middle of the year, or when new priority workloads
surfaced. For example, EPA, the National Marine Fisheries Service,
and the Fish and Wildlife Service have funding and workload problems
due to their budget calculations based on permit, enforcement,
and other requirements not directly related to ecosystem restoration.
They cannot easily redirect staff away from these permit and enforcement
responsibilities; EPAs budget in particular is driven by individual
resource concerns, such as water, air, enforcement, waste, and
research. It is difficult for these agencies to work on a geographic
basis, which further complicates their participation in many assessment,
planning, and implementation activities.
In addition, funding sources for research activities in the Pacific
Northwest are disparate and uncoordinated. The Forest Service,
National Biological Service, and EPA have several relatively autonomous
internal organizations, each with its own ongoing research priorities.
Coordination of research funding and priorities within any one
agency is difficult; across multiple agencies, it is much more
complicated. This is partly due to the long-term nature of some
of the research needed for sound ecosystem-based management. Stopping
and starting research projects is often inefficient and causes
the loss of valuable long-term projects. In addition, research
and monitoring protocols are not fully developed for some ecosystem
functions, because the functions are not fully described or understood.
Some agencies (such as the National Park Service, Fish and Wildlife
Service, Bureau of Indian Affairs, and National Resources Conservation
Service) wanted to participate more in the ecosystem effort, but
were limited due to small budgets and staff. Some agencies felt
that involvement without direct financial authorization and support
posed a problem.
Tribal representatives felt hampered because limited funds did
not allow as much participation as they wished in view of the
many working groups and committees. Budget constraints included
staff time, expert consultants, geographic information systems
and information management capabilities, and travel to meetings.
Federal Agency Coordination and Support
Each agency that signed the Memorandum of Understanding provides
at least one full-time person and pays certain expenses of the
Regional Ecosystem Office. Moreover, the U.S. Army Corps of Engineers
has agreed to equal participation in this interagency forum. The
three major federal research agencies (the EPA, National Biological
Service, and Forest Service) also provide staffing support to
the Regional Ecosystem Office. The Regional Interagency Executive
Committee has authorized a state and a tribal position in the
Regional Ecosystem Office, but neither the states nor the tribes
have committed funding to this effort.
Interviewee Comments
Interviewees offered the following observations:
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INSTITUTIONAL ISSUES
This case study provided an opportunity to review the Administrations
approach to ecosystem-based management in an area where interagency
and intergovernmental relationships had been strained the most,
and where the constant cycle of litigation meant that regional
decision makers were under constant pressure and scrutiny. Furthermore,
this is the only instance in which the President, Vice-President,
and several Cabinet officers have directly participated.
The Pacific Northwest forests have, in combination, more agencies,
more litigation history, more individual species assessments (more
than 1,100), and more land area involved (50 million acres)
than any other ecosystem surveyed. The scale of the landscape
and other factors further complicate the development of a consensus-based
approach. Moreover, a protracted history of interagency disagreements,
including political and legal battles highlighted by media attention,
have made it difficult to develop effective working relationships.
The Administrations Pacific Northwest Forest Plan is intended
to be a comprehensive approach to institutional concerns, including
those of a policy and programmatic nature. The Plan explicitly
recognizes that its success depends upon effective communication
and coordination among various federal, state, tribal, and local
entities, as well as the private sector. These demands are already
rigorous and will increase as specific policies, strategies, and
on-the-ground management actions are developed and implemented.
Accordingly, some of the most noteworthy accomplishments in the
initial Plan implementation are the establishment of:
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Shared Vision
Of all the issues covered in the interviews, the development of
a shared vision of the future was mentioned most frequently as
an essential ingredient to the success of ecosystem-based management.
Prior to development of the Presidents plan, there were many visions
of the future, each competing for primacy. These visions reflected
the influence of a variety of factors, each based on different
perspectives. First, each agencys authorizing legislation set
forth explicit mandates and missions (such as the Oregon and California
Lands Act for the Bureau of Land Management, the Multiple Use
and Sustained Yield Act and National Forest Management Act for
the Forest Service, the Endangered Species Act for the Fish and
Wildlife Service and National Marine Fisheries Service, and the
Clean Water Act for EPA). These in turn provide the bases for
the diverse, unique "corporate cultures" in each of
the agencies, that is reflected in how agency personnel identify
themselves. Although unique agency cultures are beneficial in
many respects, they often result in inconsistent management approaches
that lead to conflict, confrontation, chaos, and public confusion.
Furthermore, personal experience and training influenced how the
region was viewed previously. Experts from different disciplines
can look at the same plot of ground and see substantially different
features. Indeed, each has a different understanding of what constitutes
"sustainability." In the absence of an explicit, publicly
developed shared vision for the ecosystem, there have been conflicts
over the existing hierarchy of multiple uses. The long-term emphasis
on commodity production, reinforced by devices such as timber
volume targets, ingrained management practices tailored to timber
production, and lack of overall incentives for a broader vision,
did not reflect the publics increasing concern about the protection
of the environment and species. The remedy was not to discard
the management philosophy of multiple use, but to reorder and
reinvigorate it to mirror new realities.
The development of a shared vision has been impeded by other factors.
The increasing amount, sophistication, and evolving nature of
information relevant to managing affected ecosystems have challenged
agency capabilities. These factors have further complicated the
already complex and process-dependent nature of agency land use
planning.
Taken as a whole, these factors created an incomplete, inconsistent,
and fragmented perspective that was infeasible to implement. Any
effort to choose among these competing visions was bound to fail,
since it would ignore various key components of a successful total
ecosystem approach.
The Administrations Forest Plan addressed this problem in a comprehensive
manner with its three main elements: an ecosystem-based management
plan for the 25 million acres of federal land in the region; an
economic assistance plan; and a blueprint for improved agency
coordination. The land management aspects of the Plan were developed
through the public notice and comment process under the National
Environmental Protection Act. The framework for a shared vision
and an adaptive management process has been prescribed as the
course for future change.
Despite the shared vision, many interviewees still had numerous
implementation questions. The development of the Forest Plan represents
the first and most essential step, but there is still much to
be done. The options developed for Presidential review were, of
necessity, not site-specific plans, but rather broad frameworks.
Furthermore, most of the options were developed and assessed by
a team primarily composed of scientists, not people experienced
in translating concepts into on-the-ground actions. As implementation
by managers and field staff proceeds, a substantial effort is
required to assure that standards and guidelines are interpreted
into consistent, workable direction for field personnel in a timely
manner, and that site-specific information is appropriately reflected
in implementation actions.
It is apparent that a key test of ecosystem-based management in
the Pacific Northwest will be to maintain the values of the plan
as it is translated into explicit on-the-ground actions. This
will determine whether the Presidents vision can be implemented
as the shared vision for federal managers in the Pacific Northwest.
Federal Agency Processes
Each federal agency is subject to varied statutory and regulatory
requirements, although some mandates (such as the National Environmental
Policy Act) apply to all agencies. These requirements influence
major federal agency processes, some of which are discussed below.
Forest Service planning. The Forest Service manages 19.4 million
acres within the range of the northern spotted owl. Under the
National Forest Management Act, the agency is required to develop
10-year plans for its national forests. National forests with
approved forest plans within the range of the spotted owl include
the Gifford Pinchot, Mount Baker-Snoqualmie, Mount Hood, Olympic,
Rogue River, Siuslaw, Siskiyou, Umpqua, and Willamette. National
Forests with approved plans partially within the range include
the Deschutes, Okanogan, Wenatchee, Winema, Lassen, and Modoc.
National forests without current plans within the spotted owls
range are the Klamath, Shasta-Trinity, Mendocino, and Six Rivers.
Bureau of Land Management resource management planning. The Bureau
of Land Management manages 2.7 million acres within the range
of the northern spotted owl. Under the Federal Land Management
and Policy Act, the Bureau is required to develop 10-year plans
for these lands. Bureau lands within the range of the owl that
have approved resource management plans include the Redding Resource
Area, the Arcata Resource Area, and the King Range National Conservation
Area, all within the Ukiah District of California. Bureau districts
without approved resource management plans are the Coos Bay, Eugene,
Medford, Roseburg, and Salem Districts, and the Klamath Resource
Area of the Lakeview District. Draft resource management plans
were published in the fall of 1992 for these districts; final
plans were released in the fall of 1994, and will comply
with the Forest Plan. Under the National Environmental Policy
Act, these plans must go through a public notice and comment process.
Fish and Wildlife Service/National Marine Fisheries Service consultation.
Under section 7 of the Endangered Species Act, agencies must consult
with the Fish and Wildlife Service and/or National Marine Fisheries
Service to determine whether their actions will jeopardize listed
species. Currently, consultation may occur regarding actions as
discrete as individual construction projects, or may encompass
broader actions such as combining timber sales or management plans.
Constraints
Interviewees raised several issues regarding the land management
planning and consultation processes, and their relationships to
each other. They also noted challenges to interagency coordination,
work force development, adaptive management, and data coordination.
These clearly illustrate the complexities associated with the
transition to an ecosystem-based approach.
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× The Bureau of Land Management
and Forest Service not only have different management outlooks
and operating practices, but also use different terminologies,
data standards, and data bases. These longstanding differences
affect the field levels at which on-the-ground activities are
managed, and even inhibit coordination on adjacent or commingled
agency lands. |
LEGAL ISSUES
Several land management statutes and related mandates apply to
the Pacific Northwest forests. The National Environmental Policy
Act, with its emphasis on comprehensive analyses of the effects
of federal activities on the environment, and the National Forest
Management Act, with its provisions for multiple use, assist the
ecosystem approach by allowing the government to consider a broad
range of interests when it plans the management of natural resources,
and by granting substantial flexibility in land management decisions.
Perhaps because of the wide range of choices they allow, the statutes
have been the basis for challenges to the Forest Plans approach
and results. In some instances, citizen plaintiffs and industry
plaintiffs have used identical provisions of National Environmental
Policy Act and National Forest Management Act to argue for opposing
results.
National Forest Management Act
The National Forest Management Act (NFMA) requires the Forest
Service to develop a plan for the management of each national
forest. Each plan must comply with the Multiple Use and Sustained
Yield Act of 1960 (16 U.S.C. §§ 528 et seq.) and
"provide for multiple use and sustained yield of the products
and services" of the forest, including outdoor recreation,
range, timber, watershed, wildlife and fish, and wilderness resources.
Allowable sale quantity and sustained yield must be determined
for each national forest. Planning regulations promulgated pursuant
to NFMA call for the Forest Service to (among other things) "maintain
viable populations of existing native and desired non-native vertebrate
species in the planning area" (36 CFR § 219.19). Plans
for each of the 19 national forests encompassed by the Administrations
Forest Plan either have been developed or are under development
in accordance with NFMA.
The government believes that the ecosystem approach reflected
in the Forest Plan is authorized by, contemplated in, and consistent
with the agencies existing planning framework. However, current
plaintiffs have used NFMA statutory and regulatory provisions
as bases to challenge the Plan. For example, environmental plaintiffs
claim that the Plan does not provide habitat to assure the maintenance
of viable populations of the northern spotted owl and other species
associated with late successional and old growth forests. On the
other hand, industry plaintiffs claim that the regulatory viability
provision violates NFMA on its face and that, in any event, seeking
to provide habitat to maintain the viability of invertebrate species
that exist in the planning area-an underlying objective of the
plan-is outside the agencys authority.
Industry plaintiffs also claim that the Plan violates NFMA because
it reflects comprehensive management guidance for federal lands
within the range of the northern spotted owl rather than piecemeal
planning for individual national forests or Bureau of Land Management
districts. In addition, they allege that the Plan fails to permit
sufficient timber harvest because it does not determine an allowable
sale quantity for any of the 19 national forests it governs,
and substitutes a "probable sale quantity" standard
for the allowable sale quantity standard. They also claim that
the Plans development failed to follow requisite statutory and
regulatory procedures.
National Environmental Policy Act
The National Environmental Protection Act (NEPA) requires agencies
to consider the environmental consequences of "major federal
actions significantly affecting the human environment." Specifically,
the Act requires agencies to prepare an environmental impact statement
before implementing any major federal action that will significantly
affect the human environment. The environmental impact statement
informs the public about agency decisions, and fosters public
input into the decision-making process. Under the National Forest
Management Act, forest planning must be in accordance with NEPA.In
the Pacific Northwest, a supplemental environmental impact statement
in accordance with a court order was the foundation for the Forest
Plan and Record of Decision.
The NEPA, like the National Forest Management Act, has been cited
as a basis on which to challenge the Forest Plan. Environmental
plaintiffs allege that the governments NEPA documentation fails
to disclose all of the effects on the spotted owl and other resources
in the affected area, and does not consider the cumulative impacts
of logging on private and state lands. Industry plaintiffs allege
that the government violated NEPA insofar as it failed to consider
a reasonable range of alternatives, all of the Plans social and
economic impacts, and competing scientific theories and information
applicable to forest management.
Oregon and California Lands Act
The Oregon and California (O&C) Lands Act governs administration
of certain Bureau of Land Management lands in Oregon and California.
As noted in the introductory section, the Act states, among other
things, that O&C lands "shall be managed for permanent
forest production" and requires establishment of annual timber
production rates. Based on these and other provisions, industry
plaintiffs claim that the Forest Plan violates the Act by establishing
late successional and riparian reserves, by failing to meet the
Acts requirement to sell a minimum of 500 million board feet of
timber per year, and by establishing so-called wildlife habitat
reserves. The plaintiffs position is that there should not to
be any such reserves because they will hinder the Bureau of Land
Managements ability to meet board feet requirements, and that
the lands at issue must be available for timber production in
order to support local economies.
Endangered Species Act
The Endangered Species Act requires agencies to "seek to
conserve endangered species and threatened species and utilize
their authorities in furtherance of [the Act]." Section 3
of the Endangered Species Act acknowledges as a primary purpose
the need to "provide a means whereby the ecosystems upon
which endangered species and threatened species depend may be
conserved." Although the Acts implementation and administrative
processes have historically emphasized the conservation of individual
species, recent Fish and Wildlife Service and National Marine
Fisheries Service administrative initiatives have attempted to
enhance the opportunities for ecosystem-based management approaches.
Involvement of State and Private Landowners
Although premised on principles of the ecosystem approach, the
Forest Plan governs management on federal lands only. Several
legal authorities allow government interaction with state and
private landowners in a way that both facilitates an even broader
ecosystem approach to conservation and retains landowner control
and rights over private land.
Endangered Species Act. Section 10 of the Endangered Species Act
(16 U.S.C. § 1539) authorizes the Secretary of the Interior
to enter into agreements with private landowners under which the
Secretary permits "incidental take" of listed species,
and landowners agree to develop long-term, private conservation
programs to protect those species. These Habitat Conservation
Plans generally constitute four documents: a "planning document"
that is primarily a biological opinion; a contract implementing
the agreement; an environmental assessment or impact statement;
and a section 10 incidental take permit.
Following issuance of the Forest Plan, private and state landowners
in the Pacific Northwest have shown a strong interest in becoming
parties to Habitat Conservation Plans, and the Fish and Wildlife
Service is working closely with these landowners to develop agreements.
Agreements with timber industry landowners (one in California,
one in Oregon, and one in Washington) have been completed. Several
others are in preparation with timber companies in Oregon and
Washington, and with the states of Oregon and Washington. Federal
officials have found the Habitat Conservation Plan process to
be especially beneficial, because it allows private and government
scientists to join forces to gather necessary scientific data,
and because scientists, like the agencies, have taken a multispecies
approach to assessing the proper method of conservation.
Tribal representatives expressed unease with the Habitat Conservation
Plan process, noting that it does not sufficiently consider their
concerns. One concern is that the tribes are not involved in reviewing
the specifics of a Habitat Conservation Plan. Although the Plans
are generally developed through the National Environmental Policy
Act and have a public review and comment process, tribal representatives
point out that the tribes are not simply members of the public
and are entitled to a specific and direct review and comment role.
This would allow them to identify any number of potential conflicts,
including impacts on off-reservation hunting or fishing rights,
or on sacred burial or village sites.
Several other issues have arisen in Habitat Conservation Plan
negotiations. One is the legal issue of whether landowner obligations
in contracts constitute covenants running with the land. Some
private landowners resist such an interpretation, but the federal
government generally has insisted upon it. Another issue is the
length of time Habitat Conservation Plan contracts should remain
in effect. The governments policy generally ensures that contracts
remain in effect long enough to mitigate the effects of the take
of the listed species.
Finally, landowners have been reluctant to enter into agreements
without some assurance that the government will not subject landowners
to more restrictions if a nonlisted species on their land is subsequently
listed and requires additional protection. Secretary Babbitts
recent policy on this has gone far towards addressing this concern.
In 1994, the Secretary issued a policy that authorized long-term
certainty for approved Habitat Conservation Plans. The policy
gives private sector interests confidence that their activities
will not be disrupted if they meet their obligations under the
Plan, even if previously unknown species-related concerns emerge.
Although the trend towards increasing reliance on Habitat Conservation
Plans is positive, another concern is that current statutes allow
these Plans to be ecosystem-based (for example, focused on multiple
species), but do not require it. There is also a general perception
that cumulative effects may not, or will not, be adequately considered.
Natural Resources Conservation Service programs. The Natural Resources
Conservation Services programs primarily focus on providing technical
and financial assistance to private landowners, and on encouraging
voluntary practices that result in conservation. As authorized
in several laws, including the Soil Conservation and Domestic
Allotment Act (16 U.S.C. §§ 590g et seq.), the
Food Security Act (16 U.S.C. §§ 3811 et seq.),
the 1985 and 1990 Farm Bills, and the Watershed Protection and
Flood Prevention Act (P.L. 83-566), the Natural Resources Conservation
Service provides assistance to and advises private landowners
on a wide range of natural resource planning and conservation
issues. They include flood protection, water quality improvement,
water supply, wildlife habitat, pasture, range and crop management,
local land use planning law, and soils and erosion control. The
agency also conducts national resource inventories, soil survey,
investigations, wetland identification and protection, and conservation
demonstration projects, and disseminates its findings to landowners.
The Natural Resources Conservation Service views its role as beneficial,
because its nonregulatory approach ensures that private landowners
control activities on their lands, and are consequently willing
to engage in practices that assure sustainability of natural resources.
In the Pacific Northwest, the agency increasingly is using an
ecosystem-based approach to assistance. This involves natural
resource conservation planning and assistance to private landowners,
including improving riparian habitat on a watershed basis, coordination
between different disciplines within the agency, and coordination
with other agencies such as the Fish and Wildlife Service.
EPAs watershed approach. The Clean Water Act, 33 U.S.C. §§ 1251
et seq., authorizes EPA to permit, enforce, and fund activities
to achieve the Acts objective of restoring and maintaining the
"chemical, physical, and biological integrity of the Nations
waters." In its Region 10 (which includes Washington,
Oregon, Idaho, and Alaska), EPA has taken a watershed approach
to carrying out these authorities. This approach involves a comprehensive
look at environmental problems in the watershed and further allocation
of agency resources to addressing those problems. The Agency has
identified approximately 35 watersheds in the region and has prioritized
them according to ecological importance.
In high-priority watersheds, EPA appoints a full-time coordinator
and assembles a team of agency specialists to focus on the watershed.
The Agency works with other federal agencies, as well as state,
local, and tribal governments and interested private parties,
to address problems in the watershed. For example, the Mid-Snake
River watershed in Idaho was given high-priority because of excessive
nutrient releases into the river that rendered it useless for
most purposes, including recreation. EPA appointed a watershed
coordinator and a team that included a National Pollution Discharge
Elimination System permit specialist, a water modeler, and an
enforcement official. Clean Water Act initiatives in the area
include more inspections of potential nutrient sources, increased
administrative enforcement, and development of a total maximum
daily load plan that limits discharges of all relevant point sources.
In addition, local point source dischargers were able to convince
dischargers of nonpoint sources (not currently covered under the
Act) to implement best management practices to reduce nutrient
runoff. This will assure that state water quality standards (promulgated
under the Act) are met.
EPA has also addressed the water quantity issue in the Mid-Snake
by assessing the impact of five proposed diversion dams on oxygen
and nitrogen levels in the watershed. Because the Endangered Species
Act listed species are involved, this effort has required coordination
between EPA and the Fish and Wildlife Service.
State forest practices acts. State forest practices acts in Washington,
Oregon, and California govern forest practices on state and private
lands, including reforestation, water protection, and vegetation
retention. Generally, standards are set by state forestry boards,
whose membership is usually a combination of private landowners
and interested parties. In some states, the standards are less
stringent than Endangered Species Act standards, requiring the
federal government to enforce the Act on state or private land.
According to federal officials, the National Marine Fisheries
Service and Fish and Wildlife Service are attempting to get involved
early in the state-run process for setting state standards to
ensure that state standards meet Endangered Species Act standards.
After they do, the federal government can defer to the states
on the issue of what practices are compatible for complying with
those standards and on enforcement of the standards. This arrangement
is viewed as more desirable because it will allow local control
over forestry practices and decrease federal presence on state
and private lands.
Involvement of Tribal Landowners
Three legal doctrines place Indian tribes in a position different
from that of the general public with respect to interaction with
the federal government on natural resource issues. First, according
to longstanding administrative policy and case law, the federal
government has a special "trust responsibility" to tribes.
Second, under treaties between the federal government and tribes,
tribes have special access and use rights to natural resources.
In the Pacific Northwest, several treaties signed in the mid-1800s
preserve tribal rights to fish in the Columbia River, its tributaries,
and the Puget Sound Watershed, and to hunt on off-reservation
federal lands. Third, as a result of the treaties with the tribes,
it has been longstanding government policy to treat tribes as
sovereigns within a sovereign rather than as subunits of the federal
government or members of the public.
Although representatives of three tribal commissions are formally
involved in the Intergovernmental Advisory Committee, facilitating
implementation of the Forest Plan, several others who were interviewed
asserted that tribal interests have not been sufficiently considered
in accordance with the above principles. For example, they felt
their role in the development of the Administrations Forest Plan
did not fulfill government-to-government consultation responsibilities
early on in the decision-making process. Representatives also
argued that the government treats tribes as members of the public
rather than as sovereigns or as groups with whom the government
has a trust relationship, and that the governments planning and
implementation processes do not adequately consider treaty rights
to fishing and off-reservation hunting.
Federal Advisory Committee Act
The Federal Advisory Committee Act (FACA), 5 U.S.C. App.
2, restricts the ability of federal agencies to solicit and receive
collective advice from nonfederal parties. Among other things,
an "advisory committee," as defined by FACA, must be
organized under a charter, balance its membership, publicize its
meetings in the Federal Register, hold open meetings, take minutes
of meetings, provide transcripts of meetings upon request, and
make available any documents used by the committee.
Experience in the Pacific Northwest has demonstrated that FACA
presents significant challenges to the involvement of nonfederal
officials and citizens in the process of implementing the ecosystem
approach. A federal court has held that the Forest Ecosystem Management
Assessment Team Report was prepared in violation of FACA (Northwest
Forest Resource Council v. Espy (D.D.C. March 21, 1994)) because
the Assessment Team was an advisory committee subject to FACA
but was not chartered in accordance with it, and otherwise did
not comply with the Act (for example, it included nonfederal officials
or employees). The Northwest Forest Resource Council decision
illustrates how difficult it can be for agencies to operate in
an arena where little legal precedent exists.
Industry plaintiffs in current litigation argued that because
of the Northwest Forest Resource Council holding, the governments
reliance on the Forest Ecosystem Management Assessment Team Report
was unlawful. Plaintiffs also argued that the Regional Interagency
Executive Committee and Provisional Interagency Executive Committees
were operating in violation of FACA. Those groups are currently
being chartered in accordance with FACA.
In addition, many interviewees commented that FACA has complicated
the ecosystem approach in the Pacific Northwest because it imposes
time-consuming, costly, and burdensome procedural requirements
on the federal agencies that wish to have open, ongoing discussions
with outside parties. Most significantly, FACA has been construed
by some to prohibit many kinds of participation by nonfederal
parties in groups that are not FACA-chartered. But participation
in FACA-chartered groups is not satisfactory to some nonfederal
parties. For example, state and tribal representatives seriously
object to having only an advisory role.
Tribal representatives in particular claimed that FACA has been
an obstacle to necessary federal-tribal communications. In their
view, the sovereign-to-sovereign relationship that the federal
government has with the tribes means that FACA does not apply
to their communications. In connection with the issue of treaty
rights in the Columbia River, federal officials have met alone
with tribes in an attempt to settle an ongoing Endangered Species
Act lawsuit involving treaty rights on the Columbia River and
to discuss federal and tribal activities to be taken pursuant
to the Endangered Species Act. But industry representatives have
sued the government, claiming that these meetings violated FACA.
Many of those interviewed commented that FACA should be amended
to make clear that it does not apply to meetings between the federal
government and state or tribal governments.
PUBLIC PARTICIPATION
The importance of public education and participation in decision
making was a major theme in the interviews. Early public participation
at all stages is a key element in the successful management of
ecosystems and is frequently a measure of the publics acceptance
of agency policy. The public can also participate in the design
and implementation of processes that seek public comment on proposed
agency actions and efforts to explain agency proposals to the
general public, special interest groups such as states, tribes,
other government entities, and the press. Participation by an
educated public is critical to the success of ecosystem-based
management.
Overview of Public Involvement
In the Pacific Northwest, discussions of public involvement have
focused on the Interagency Communications Plan, outreach activities
by individual agencies, supplemental efforts by the Office of
Forestry and Economic Development, and plans for future public
involvement in forest plan activities. Discussions of public involvement
that predate the Administrations Forest Plan (in the Applegate
Partnership, for example) increased the teams knowledge of the
positive results of efforts pertaining to this issue.
Interagency Communications Plan. The four federal signatories
to the Forest Plan (the U.S. Department of Agriculture, U.S. Department
of the Interior, U.S. Department of Commerce, and EPA) formed
an Interagency Communications Group during the summer of 1993
to devise a communications plan for the Pacific Northwest. The
Interagency Communications Plan addressed four issues identified
by the Group:
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The Interagency Communications Group holds weekly conference calls
and is reexamining its role to see if it needs to expand its communications
to a broader range of issues.
Office of Forestry and Economic Development outreach. The Office
of Forestry and Economic Development has engaged a full-time public
affairs specialist to advise on effective means of communicating
with the public, including the preparation of press releases about
accomplishments under the Forest Plan for public understanding.
The specialist also provides information directly to Congress,
to the offices of the Governors of Washington, Oregon, and California,
and to outside interest groups. In addition, the Office distributes
information to federal agencies to increase support for the Forest
Plan.
Plans for public involvement under the Administrations Forest
Plan. The Regional Ecosystem Office is developing plans for public
participation in the implementation of the Administrations Forest
Plan. These plans include establishing a public Intergovernmental
Advisory Committee to the Regional Interagency Executive Committee
and organizing advisory committees to the Provincial Interagency
Executive Committees.
The Intergovernmental Advisory Committee will have representatives
from federal agency members of the Regional Interagency Executive
Committee and designated representatives from the Natural Resources
Conservation Service, Forest Service Research, National Biological
Service, EPA Research, the states of Washington, Oregon, and California,
tribes, and counties. Chartered under the Federal Advisory Committee
Act, the committee will provide advice and recommendations to
the Regional Interagency Executive Committee regarding the coordinated
implementation of the Record of Decision and will promote better
integration of forest management activities among federal and
nonfederal government entities. Generally, meetings will be open
to the public.
The Provincial Interagency Executive Committee advisory committees
will have representatives of federal agencies that are members
of the Regional Interagency Executive Committee, as well as designated
representatives of the tribes, states, and counties. There will
also be representatives from environmental, forest products, recreation,
tourism, and other interested groups, and up to three representatives
from other federal agencies.
Each Provincial Interagency Executive Committee advisory committee
will have no more than 29 members. The committees will encourage
public participation by opening most meetings to the public, notifying
key contacts about meetings, and gathering information from the
public through subcommittees.
Effective public involvement. The Applegate Partnership has been
widely noted as an example of strong public participation in land
management. It offers many lessons about the formation and maintenance
of partnerships between the federal government and nonfederal
parties. According to the Partnerships Forest Service liaison,
the Partnerships success is attributable to:
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One interviewee who worked closely with the Partnership felt that
the idea could be used in other areas, although no two partnerships
will ever be alike. The key is to take small steps and to assure
community ownership/membership in the process. Many factors (such
as the issues at hand, the personalities of those involved, and
a communitys history, values, and people) can dramatically influence
the dynamics of a partnership.
One interviewee noted that the Little River Adaptive Management
Unit provides examples of difficulties found in forming partnerships.
When federal agencies attempted to replicate an Applegate-type
partnership, community members saw this as an attempt to increase
federal control over private lands and were not interested in
participating.
Public Involvement Issues
Issues related to public participation in efforts to implement
the ecosystem approach in the Pacific Northwest include weak communication
between tribal governments and federal agencies, constraints to
public input under the Federal Advisory Committee Act, and public
mistrust of the ecosystem approach.
Weak communications between tribal governments and federal agencies.
The Bureau of Indian Affairs and representatives of tribal governments
indicated that they have been dissatisfied with the degree and
format of communications between tribal governments and federal
agencies, and that the tribes generally mistrust the federal agencies.
They feel that tribal governments have not been adequately involved
in decisions about the management of federal lands in the Pacific
Northwest. Federal agencies have solicited input from the tribes
in the same way they solicit it from the general public. Interviewees
stated that, because of the trust relationship between tribal
and federal governments, tribes should contribute to decisions,
instead of being limited to commenting on proposed plans and decisions.
Federal agencies and the tribes should operate on a government-to-government
basis, without being required to comply with the Federal Advisory
Committee Act.
Tribal representatives feel they are often given insufficient
materials and information on which to base a decision when they
are invited to comment on proposed plans. Most tribal entities
also lack the resources and personnel necessary to follow the
activities of federally organized working groups, collect information,
and provide informed advice to tribal leadership.
Interviewees perceive federal agency staffs as often insensitive
to differences in cultural values. They feel that because of this,
federal agency staffs do not attempt to get their input in ways
that recognize tribal priorities for land management (which may
be different from those of the federal government) and the various
decision-making processes traditionally utilized by tribal governments.
Federal land managers generally supported the need for better
relationships with tribes, both in terms of process and especially
in developing effective personal relationships that can overcome
procedural restrictions. At the same time, many treaty rights
in the Pacific Northwest are being litigated, so their nature
and scope are currently unresolved. Additionally, the tribal goal
of comanagement is perceived as a threat to federal land managers.
The current lack of clear, concise agreements on what is required
of federal land managers under their "trust responsibility"
or under the policy of government to government makes for a stressful
relationship between tribal leaders and federal land managers.
FACA restrictions on public involvement. Interviewees from all
sectors indicated that public participation in the Forest Plans
implementation was severely curtailed when federal agencies began
to revise public involvement strategies in order to comply with
the Federal Advisory Committee Act (FACA). Some working groups
with combined federal and nonfederal membership ceased to function;
others either excluded all nonfederal entities or allowed only
minimal or unsatisfactory involvement by nonfederal parties. Although
there are plans for most of these groups to become operational
again after they comply with FACA, it will take some time to develop
the previous level of trust and commitment.
Discussions regarding the Applegate Partnership indicated that
applying FACA to grassroots-initiated activities could have a
negative impact. By making its involvement in such activities
contingent upon the imposition of FACA procedures, the federal
government may, in effect, be shifting the dynamics from "bottom-up"
to "top-down."
Public mistrust of the ecosystem approach. Several interviewees
referred to the publics mistrust of the ecosystem approach, particularly
on the part of private landowners. Perceptions are a key issue
to be dealt with during plan implementation. For example, private
landowners see watershed analysis as a potential federal restriction
on private land use.
Interviewee Comments
Interviewees had several suggestions for strengthening federal-tribal
government relationships:
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The importance of involving the public at the earliest stages
of implementing the ecosystem approach was stressed by many interviewees.
It is also important to clearly delineate the roles that federal
agencies expect nonfederal entities to play, and vice versa. This
often takes a lot of time, but investing resources early in the
process could avoid problems later, saving time and resources
over the long run.
Keeping the public effectively informed and involved throughout
the process is essential. As one interviewee said, "There
are always public relationships; you can either choose to manage
them or not." There are numerous effective public involvement
theories and models.
Quick feedback to criticisms, comments, and suggestions by the
public affects public interest. Some interviewees stated that
the public perceives the government as a "black hole"-the
government makes suggestions but does not await a response. People
will lose interest if they do not receive feedback. Federal agencies
must follow through on commitments in a timely, effective manner.
Involvement mechanisms should be tailored to the needs and lifestyle
of the community. Electronic bulletin boards would give the public
access to information at any time in some communities, and potluck
dinner meetings that are open to all family members can save time
for busy people in other communities.
Interviewees generally indicated that federal outreach capabilities
were inadequate. All federal employees who interact with the public
should be trained in public involvement techniques and communications.
Also, public affairs specialists should be retrained or reoriented
to take a more proactive approach. Traditionally, public affairs
offices have been primarily reactive: they have responded to concerns
rather than initiating dialogue and educating the public and interest
groups on agency activities.
Technical and research information must be packaged so various
sectors of the public can be better informed about the issues
and better understand government recommendations for land management.
The term "the ecosystem approach" means different things
to different people, increasing confusion and conflict. There
would be better cooperation among the various interest groups
if a common definition and common goals were developed at the
regional and local levels. Federal agencies should involve the
public in developing guidelines for monitoring the implementation
of the ecosystem approach and criteria for determining whether
it was successful.
SCIENCE AND INFORMATION
Many interviewees recognized that inadequate data exchange between
federal managers and regulators and between other federal and
nonfederal entities inhibits effective and creative evaluation
of problems and the development of possible solutions. They emphasized
the greater need for standardization, the establishment of common
technical standards and data sets, and the collection of information
on broader spatial and temporal scales.
Information Sharing and Management
Lack of consistency and compatibility in data collection and storage
is a major problem. Differences in data, analysis methods, and
historic records make comparisons difficult. Key ecological indicator
elements must be supported by consistent information retrieval
systems, particularly geographic information systems and spatial
layers. Geographic information systems and other information management
systems must be designed to support indicators and also protect
sensitive information, such as specific locations of cultural
resources and threatened or endangered species. In many cases,
the data is good but needs to be organized and converted to electronic
form to meet new needs.
Consequently, there is broad support for the Interorganizational
Resource Information Coordinating Council, which has been established
to address technical and policy issues and to make recommendations
to the regional executives about the use of resource information,
intergovernmental communications and data sharing, public access,
standards, data compatibility, geographic information systems
(GISs), and related technologies. Supported by the GIS core team
and GIS administrator in the Regional Ecosystem Office, the Council
handles all activities associated with the collection, management,
and use of resource information and data, including inventories,
nonspatial and spatial data, analysis methodologies, and applications.
Specific responsibilities include:
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Interviewees expressed the need for an effective electronic communication
system that breaks many of the institutional barriers to linking
data bases across agencies. The lack of Forest Service access
to Internet is seen as a serious impediment to progress. Security
concerns pose unneeded barriers to information sharing.
Cooperation and Communication
Ultimately, scientific information plays a powerful role in decision
making by federal land managers. Over the past few years, however,
the courts have concluded that agency trends and directions were
not consistent with the legal requirements to consider and to
respond to overall ecological conditions. Interviewees commented
that information management needs are not met simply by developing
monitoring and research agendas and protocols but must extend
to include the decision-making process of land managers. It is
felt that just as the ongoing research program needs to be sharpened
and focused to meet new and emerging ecosystem needs, how managers
use the information needs to be sharpened and focused. Good research
that does not get incorporated into management decisions is not
timely and may not be useful. Underlying this comment was a recognition
of the tension between science and policy, an inadvertent but
nevertheless very real struggle over the power to guide future
agency actions.
Cooperation and coordination both within and between agencies
and state and local governments and other interest groups was
recognized early in the Forest Ecosystem Management Assessment
Team process. Unfortunately, litigation has dramatically impacted
the development of many of these critical relationships (particularly
since the heightened concerns over the Federal Advisory Committee
Act). Several coordinating mechanisms for scientific and information
management have been set up during the implementation of the Forest
Plan, including the Regional Ecosystem Office and Research and
Monitoring Committee.
Regional Ecosystem Office. The Regional Ecosystem Office is a
focal point for scientific and technical expertise that supports
implementation of the forest management plan. It evaluates major
modifications that arise from the adaptive management process
and coordinates the formulation and implementation of data standards.
The Office develops, evaluates, and resolves consistency and implementation
issues regarding topics that include, but are not limited to,
geographic information systems, prototype watershed analyses,
restoration guidelines, other Record of Decision and Standards
and Guidelines interpretation issues, and support of agencies
to meet Endangered Species Act obligations.
Research and Monitoring Committee. The Research and Monitoring
Committee is composed of research scientists and managers from
various agencies and disciplines who advise the Regional Interagency
Executive Committee on science issues related to implementation
of the Forest Plan, including the adaptive management process
and watershed assessments. The Research and Monitoring Committee
will review and evaluate ongoing research, develop a research
plan to address critical natural resource commodity and noncommodity
questions, and address biological, social, economic, and adaptive
management research questions. It will also develop scientifically
credible, cost-efficient monitoring plans.
The tribes emphasized the need for close government-to-government
cooperation and coordination with federal agencies. They were
concerned about how management activities on federal lands would
affect their off-reservation treaty rights. They felt that they
had excellent technical staffs, but that their views, concerns,
and information were heavily discounted by the government scientists
who developed the Forest Plan effort. Until this lack of trust
is bridged, coordination will be difficult.
Information Needs
The role of research under the Record of Decision is to provide
scientific oversight, monitoring assistance, and research on guidance,
direction, and process. Recognizing that resources are limited,
many interviewees stressed the need to set priorities by identifying
critical information gaps and determining what information will
actually be needed first in order to implement the Forest Plan.
There are obviously many more questions than answers for implementing
an ecological approach to management. Highest priority needs identified
by the Regional Ecosystem Assessment Project were (1) research
on historic and current disturbance processes (particularly fire)
to better understand ecological linkages especially at larger
spatial scales, and (2) the validation of key ecosystem health
indicator elements as monitoring criteria. In order to be successful
in these efforts, agencies must free resources to fill in the
gaps as well as cooperate more with each other by sharing resources
and results, and funding projects jointly.
Consistency is essential in peer review, planning, monitoring,
and protocols. Standardization of indicator definitions, monitoring
methods, and collection methods will increase trust between agencies
using each others data. Interviewees felt that implementation
of the ecosystem approach is often hindered by lack of clear environmental
goals at both the national and regional levels. Given the current
state of knowledge, it is often difficult to develop a clear,
concise statement about desired future conditions. Stability in
management prescriptions is critical to effective implementation
of the ecosystem approach, as we will be learning for a long time.
It will also take time to bridge between agencies and ownerships.
There are information voids and science needs, but the basic knowledge
is there to design ecosystem approach systems with monitoring
as an integral component and with adequate safeguards.
Multiagency support is planned to provide research and technology
needed for implementation of the ecosystem approach in the Pacific
Northwest. Recommendations included the formation of an interagency
and interdisciplinary technical team (composed of scientists,
technical specialists, and managers) as a base from which to draw
and provide a floor of understanding. Decisions need to be defended
in a diversified arena-the technical team should create options
that allow decision makers to insert themselves into the process.
The assistance and information land managers need from research
include:
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Technical assistance and training, such as:
Technology development and testing, such as:
Research to fill gaps in such areas as:
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Adaptive Management
Adaptive management is conceptually simple but pragmatically complex.
It proposes to treat ecosystem policy as a series of experiments
whose nature must be decided in political forums. It also proposes
to collect information so that policy execution can help reduce
or eliminate surprises, improve operations, and gauge the policys
success while it is implemented.
Adaptive management has large implications for the resource planning
process. Management activities must be designed so that everything
can be evaluated. There are no current examples of an adaptive
management approach on the scale recommended in the Forest Plan.
In the Administrations Forest Plan, adaptive management provides
a structure through which researchers, management, and cooperators
can achieve the Plans general objectives. The Plan proposes 10
Adaptive Management Areas as opportunities for government officials
at all levels, industry, communities, environmental organizations,
tribes, and others to collaborate on developing innovative management
approaches. The Applegate and Douglas Projects in Oregon and the
Hayfork Adaptive Management Area in northern California are examples
of the approach. The adaptive management approach allows intense
experimentation and demonstration of new ways to achieve ecological,
economic, and social objectives, and allows local involvement
in defining the future. A rigorous monitoring and research program
would ensure development and analysis of scientific data to assess
the effectiveness and impact of this approach. Two important ingredients
in this effort are scientifically credible experiments, including
replicated experiments of major silvicultural systems, and development
and testing of the major monitoring programs important to an adaptive
management approach. Their overarching objective is to improve
our knowledge of how to implement the ecosystem approach by using
refined strategies that are closely monitored over time. Credible
implementation or compliance monitoring programs are essential
to the increased management flexibility envisioned for the Adaptive
Management Areas. Without them, interviewees conclude that management
initiatives will not pass a court challenge.
Researchers should be heavily involved in the monitoring program
by helping to develop protocol and implementation for the plans,
developing information storing systems, and providing systems
for synthesizing and evaluating information as it is collected
by land management staff. Research can define the sideboards of
what is possible so managers will know the limits to their decisions.
Monitoring programs should be developed carefully to ensure that
they are legally and scientifically defensible and have adequate
long-term funding.
There are many questions about the links between current agency
planning processes and the proposed adaptive management process.
In adaptive management, plan elements should have no fixed tenure;
the focus should be on endpoints and developing a set of working
principles. These should be milestones to assess progress to these
endpoints. Resource monitoring should answer the questions we
want answered and those that deal with compliance issues.
Adaptive management requires that scientists and land managers
jointly assess risks that will determine the limits of uncertainty
used for triggering actions that reach threshold levels. A scientific
working group has developed the adaptive management process to
the point that it is ready for prototype testing on simple watersheds.
RECOMMENDATIONS
After careful consideration of efforts to implement the ecosystem
approach in the Pacific Northwest forests, and after discussing
all concerns raised by interviewees, the survey team made the
following recommendations:
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In March 1989, when the Exxon Valdez ran aground in Alaskas Prince
William Sound, an enormous ecosystem was devastated by the largest
tanker oil spill in U.S. history. Until then, the region had been
relatively pristine, minimally influenced by human activities.
A joint state/federal council with substantial resources was charged
with its renewal. Prince William Sound offered optimal conditions
for a case study in the ecosystem approach, providing valuable
lessons for broader application. Accordingly, it was selected
for study by the Interagency Ecosystem Management Task Force.
Any study on the ecosystem approach must first define the boundaries
of the ecosystem and the limits of agency and stakeholder involvement.
For purposes of this study (as is often the case), ecosystem boundaries
were based not on interrelationships among natural, social, and/or
economic resources, but rather on the area affected by a regional
catastrophe, in this case the Exxon Valdez disaster. This study
focused on activities designed to implement the ecosystem approach
throughout the region affected by the spill, including Prince
William Sound.
Efforts to implement the ecosystem approach in Prince William
Sound are complicated by the fact that the major impetus for them
was a catastrophic event, followed by a response and cleanup effort,
then by damage assessment, and finally by restoration. The 1989
oil spill was one of the largest environmental disasters in North
American history, and the settlement reached for damages to public
natural resources was the largest ever. There was no model for
managing a restoration effort on this scale, and the spills effects
generated-and continue to generate-intense public emotion. Accordingly,
the ecosystem approach in the area affected by the spill provides
a case study in management of a major restoration effort that
continues to be precedent-setting, evolutionary, and emotionally
charged.
The Natural Resources Damage Assessment process following the
oil spill set in motion a flurry of restoration, monitoring, and
research activity involving federal, state, native, and nongovernmental
representatives. Coordinated by the state/federal council charged
with restoring the regions ecosystem, most of this activity was
not necessarily designed with the ecosystem approach in mind,
but rather as part of the Natural Resources Damage Assessment
process. Accordingly, many comments recorded in this study specifically
relate to the Natural Resources Damage Assessment process, and
not to the broader concept of the ecosystem approach defined by
the Interagency Ecosystem Management Task Force.
In August 1994, an interagency survey team spent a week in Alaska
collecting information and meeting with representatives of federal
and nonfederal agencies and organizations. The team consisted
of Sean Furniss from the U.S. Fish and Wildlife Service, Diane
Gelburd from the U.S. Department of Agriculture (USDA) Natural
Resources Conservation Service (formerly Soil Conservation Service),
Roger Griffis from the National Oceanic and Atmospheric Administration,
Susan Huke from the USDA Forest Service, Louise Milkman from the
U.S. Department of Justices Environment and Natural Resource Division,
Jim Pipkin from the U.S. Department of the Interior, and Andrea
Ray from the National Oceanic and Atmospheric Administration.
Over 4 days (August 2-5), the team interviewed nearly 60 individuals
from federal and state agencies, native groups, fishery management
councils, local communities, the scientific community, and environmental
and other interest groups. This chapter, based on interviews,
phone calls, and written material collected by the survey team
(see appendix at the end of this chapter for titles of selected
materials), records the experiences, observations, conclusions,
and recommendations of the interviewees. It includes a set of
summary observations and recommendations from the team and a list
of selected references.
BACKGROUND
The coastal ecosystems of the Gulf of Alaska are among the most
productive to be found in the worlds high-latitude regions. Glaciers
that helped form the rugged coastlines still lie above the fjords,
rain forests, and coastal deltas of the lowlands. This vast area
includes Prince William Sound, lower Cook Inlet and Kenai Peninsula,
the Kodiak Archipelago, and portions of the Alaska Peninsula.
Salmon, crabs, halibut, shrimp, and pollack are just a few of
the important commercial members of the diverse and productive
marine intertidal and shelf communities in the region. An estimated
100,000 marine mammals, including sea otters, sea lions, and harbor
seals, live in or visit the area annually. The region has historically
abundant populations of more than 100 species of migratory and
nonmigratory birds, along with a diverse coastal terrestrial community.
Indigenous peoples thrived around Prince William Sound for more
than 5,000 years, and on the Alaska and Kenai Peninsulas for perhaps
as long as 10,000 years.
Exxon Valdez Oil Spill
On March 24, 1989, when the Exxon Valdez ran aground, about 11
million gallons of North Slope crude oil spilled into Prince William
Sound. The Exxon Valdez oil spill eventually contaminated 1,500
miles of coastline, affecting a surface area of approximately
75,000 square miles extending throughout southwestern Prince William
Sound and along the western coast of the Gulf of Alaska (figure
1).
In spring and summer 1989, thousands were employed to contain
and clean up the spill and to rescue oiled wildlife. Shoreline
cleanup techniques included removing oil sediments, scrubbing
oiled rocks by hand, scouring the shore with high-pressure hot
water, and using fertilizer to encourage the growth of oil-eating
microbes (bioremediation). Much of this cleanup activity resulted
in additional damage to the marine and coastal environment.
The 68 small, relatively isolated communities in the oil spill
area depend on local fish and wildlife for subsistence and cash
income. Contamination, real or perceived, has greatly disrupted
subsistence harvests from the area. The spill has affected local
economies as well as the traditional lifestyles that have developed
over 10,000 years of human habitation in the area. The spill and
resulting activities during cleanup-including vandalism-have damaged
many archeological and historic sites. Moreover, increased awareness
of the location of these archeological sites threatens their future.
Prince William Sounds wilderness setting offers tremendous opportunities
for hiking, hunting, fishing, boating, and sightseeing, and there
are a number of federal and state conservation units in the area.
Although most recreational areas were not directly damaged by
the spill, disruption of the ecosystem has reduced the quality
of recreation in the area.
Trustee Council
Following the disaster in 1989, agencies in the region immediately
initiated massive response and cleanup efforts, followed by Natural
Resources Damage Assessment activities under the authority of
the federal Clean Water Act. On October 8, 1991, the U.S. District
Court for Alaska approved an agreement to settle the claims of
the United States and the state of Alaska against Exxon Corporation
and the Exxon Shipping Company for various criminal violations
and for recovery of civil damages to the publics natural resources
resulting from the oil spill.
According to the civil consent decree, Exxon must make 10 annual
payments totaling $900 million for damages to natural resources
and services, for restoration of natural resources, and for reimbursement
of cleanup expenses. The first payment was made in December 1991,
and the final payment is due in September 2001.
The Exxon Corporation also paid federal and state governments
$50 million each in restitution as part of the criminal settlement.
Both governments are separately spending these funds in the spill-affected
area.
The current Exxon Valdez Oil Spill Trustee Council was established
to administer the civil trust funds. A formal state-federal Memorandum
of Agreement defines the Trustee Council management structure
and the rules for allocating the civil settlement funds.
Civil settlement funds are designated to restore spill-affected
resources and services, and the Trustee Council allocates funds
to projects through a deliberative proposal process. The Council
uses guidelines and evaluation criteria, taking into account such
factors as the degree to which a proposed project is linked to
the Exxon Valdez oil spill and the recovery status of affected
resources. The public has the opportunity to comment on proposals,
and in many cases is actively involved in developing them. Proposals
also undergo outside
*****
Figure 1.-The Exxon Valdez oil spill area is the area enclosed
by the maximum extent of oiled shorelines, severely affected communities
and their immediate human-use areas, and adjacent uplands to the
watershed divide. Affected lands include national forests, parks,
and wildlife refuges. (Source: Alaska Department of Natural Resources,
Land Records Information Section.)
*****
technical peer review under the guidance of the Trustee Councils
chief scientist.
The six trustees can take action only by unanimous agreement.
Trustees are:
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Except for the Alaska Attorney General, trustees represented agencies
with management responsibilities for resources damaged by the
spill. The Trustee Council structure includes a Public Advisory
Group and interdisciplinary working groups that form part of an
independent scientific peer review process (figure 2). A planning
structure and adaptive management process were established (figures
3 and 4), and reviewers were retained to provide independent scientific
review of current and planned studies and to assist in the synthesis
of results.
In summer 1989, scientists initiated studies to determine the
nature and extent of damage to the areas natural resources. In
1989, researchers conducted 72 studies in 10 natural resource
and related service areas. Since 1989, the number of studies in
progress has declined, although research continues on the effects
of residual oil in the ecosystem, on the natural recovery process,
and on restoration techniques.
Scientists using available ecosystem data and models have yet
to explain the wide fluctuations in fisheries stocks that occurred
following the oil spill. These changes in fish populations have
affected the human and wildlife communities that depend on fish
for survival. There is also evidence of continuing decline in
some seabird and marine mammal populations. Understanding these
population dynamics is the first objective in managing the aquatic
ecosystem. There is also concern about the effects of upland timber
harvesting on ecosystem health in the Exxon Valdez oil spill area.
Restoration Plan
In 1990, the Trustee Council began developing a Restoration Plan
that outlines how settlement funds will be spent to restore the
area affected by the oil spill, including Prince William Sound.
Developed in consultation with the Trustee Councils Public Advisory
Group chartered under the Federal Advisory Committee Act, a draft
of the plan was completed in November 1993 and submitted for public
comment. Pursuant to the National Environmental Policy Act, the
plan is accompanied by a draft environmental impact statement,
completed in June 1994. The final environmental impact statement
was issued in September 1994, and the Restoration Plan was adopted
by the Trustee Council and published in November 1994.
To assist in setting priorities, the plan includes a list of injured
resources, noting which ones are not recovering. Roughly 40 percent
of the settlement funds will be used for land acquisitions or
purchase of conservation easements for habitat protection. The
remaining 60 percent is devoted primarily to research, monitoring,
and general restoration activities. About half of this amount
will be spent during the annual workplan process, and another
third was used to reimburse the state and federal governments
for cleanup, response, and damage assessment immediately following
the oil spill. The remaining funds are being set aside in a Restoration
Reserve account to address long-term restoration needs after the
final payment from Exxon Corporation in 2001.
The Trustee Council has decided that more information is needed
on the ecosystem dynamics in the oil spill area to help guide
and monitor restoration efforts and to refine resource management.
Accordingly, the Trustee Council is now funding (beginning in
1994) several ecosystem research programs to gain a better understanding
of ecosystem processes and productivity.
BUDGET ISSUES
As an ecosystem in need of restoration, Prince William Sound is
uniquely privileged: the settlement with Exxon Corporation provides
unusually large amounts of funding. Budget-related questions posed
by the survey team during its interviews addressed both the settlement
fund allocation and spending needs for ecosystem activities. Questions
were designed to solicit information and suggestions on interagency
budget coordination, budgetary priority-setting, and budget needs,
emphases, and constraints. Many interviewees remarked that the
need to address the Exxon Valdez oil spill crisis has induced
agencies and people to work together, establishing a structure
for general collaboration and cross-agency funding in the future.
*****
Figure 2.-Management and science planning organizational diagram
for the Exxon Valdez Oil Spill Trustee Council. The Councils structure
is designed to ensure public input through the Public Advisory
Group into planning and management of monitoring, research, and
general restoration through five interdisciplinary coordinating
committees. (Source: Exxon Valdez Oil Spill Trustee Council 1994b.)
Figure 3.-Stages in the adaptive management cycle for the Exxon
Valdez Oil Spill Trustee Council.
*****
Using Civil Settlement Funds
By September 1994, a total of $410 million in payments was received
from the $900 million civil settlement with Exxon, and a total
of about $309 million, approximately one-third of the civil
settlement, was spent or budgeted. Of that amount, about $150
million was reimbursed to state and federal governments for oil
spill-related expenditures from 1989 through 1992. In addition,
about $40 million was credited to Exxon for cleanup expenses during
1991 and 1992, and approximately $119 million was spent or
approved for annual restoration work.
Past and future uses of civil settlement funds as of June 1995
are shown in table 1.
About half of the annual work funds have been allocated for habitat
protection (primarily through land acquisition). Monitoring, research,
and general restoration projects have received another 36 percent.
Twelve percent went toward public information and administration.
In 1992-1993, a small proportion of annual work funds was spent
on damage assessment studies.
In addition, a Restoration Reserve has been established as a set-aside
for long-term restoration and research activities. Past authorizations
for the Reserve amount to $24 million, with estimated future authorizations
of $12 million per year through FY 2002, for a total
of $84 million in anticipated funds. Altogether, authorized
and anticipated funds for the Reserve amount to $108 million
(Exxon Valdez Oil Spill Trustee Council 1994b).
Constraints. Many interviewees noted the difficulty of dealing
with a sudden influx of money. Although the goal was to restore
the spill-affected area, it was initially unclear how to use the
funds to maximum effect. Moreover, the requirement that all six
trustees unanimously agree on spending caused difficulties, according
to interviewees, in developing a process for quickly determining
priorities and beginning to allocate funds.
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***** Figure 4.-Key steps in the adaptive management cycle for the Exxon Valdez Oil Spill Trustee Council. The Councils annual cycle for planning and management is designed to facilitate adaptive management of science in the oil spill restoration process. (Source: Exxon Valdez Oil Spill Trustee Council 1994b.)
Table 1.-Past and estimated future uses of civil settlement funds
as of June 1995 Use Dollars allocated (millions )Research, monitoring, and general restoration 218-248 Past authorizations 110.3 1992 Workplan 19.2 1993 Workplan 15.5 1994 Workplan 25.8 1995 Workplan 24.8 Alaska Sealife Center 25.0 Future authorizations 108-1381Restoration Reserve 108 plus interest Past authorizations 24.0 Future authorizations 84.02Habitat protection 342-372 Past actions 98.1 Inholdings in Kachemak Bay State Park 7.5 Seal Bay on Afognak Island 39.6 For purchase 38.7 Estimated interest 0.9 Timber rights at Orca Narrows 3.65 AKI lands within Kodiak National Wildlife Refuge 36.0 Old Harbor lands within Kodiak National Wildlife Refuge 11.3 Future authorizations 244-274Reimbursements 1773 Past 150.4 Future (estimated) 26.3Adjustments 23.04Total 900
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There were differing opinions on legitimate use of settlement
funds under applicable consent decrees. Federal and state lawyers
had much to say on which projects were funded early in the process.
Both state and Native corporation representatives stated that
the federal definition of what constitutes subsistence resources
was too limited and not take into account damage to cultural resources.
Interviewees expressed general concerns regarding the large expenditure
of funds for restoration and research without an adequate adaptive
management or evaluative process. Specific concerns were expressed
about problems caused by some cleanup efforts and the need to
identify such problems quickly. Many interviewees applauded the
Restoration Reserve fund for its ability to facilitate adaptive
management by allowing money to be set aside for future use without
requiring a determination now about how the money should be spent.
In November 1994, the Trustee Council adopted a Restoration Plan
that sets the framework for allocating future use of Exxon Valdez
oil spill funds. The Restoration Plan includes a mission statement,
goals, objectives and strategies, and a set of guiding policies.
Interviewee suggestions. Most interviewees expressed the need
for long-term funding of research and such related projects as
damage assessment and monitoring. Damage assessment, for example,
is based on 3- to 5-year planning, but funding is currently assured
for no more than 1 year at a time.
Many involved in research and monitoring suggested extending grant
periods from the current 12 months to 2-5 years, subject
(of course) to funding availability and continued progress on
the project. Lengthening funding terms would increase project
efficiency by decreasing project administration. Moreover, developing
comprehensive long-range funding plans for research would foster
more collaborative and integrative approaches. Trustee Council
representatives said that when the Restoration Plan was complete,
they would be able to fund longer term projects and will establish
a process for multiyear funding. Since our interviews, the Trustee
Council has adopted a Restoration Plan and begun a planning process
for the next 3-5 years of restoration efforts. This is intended
to foster more collaborative and integrative approaches, and to
increase project efficiency.
More efficient and direct funding mechanisms are needed. One researcher,
for example, complained of having to submit budget proposals to
both the Alaska Department of Fish and Game and the University
of Alaska, rather than directly to the Trustee Council. Funding
of state and federal projects is accomplished fairly easily. However,
getting funds to the private sector has proven very difficult.
Many researchers have recommended a National Science Foundation
model of funding, with named recipients for grants. However, the
Trustee Council has no authority to give out grants, and must
rely on either sole-source contracts or competitive bidding processes.
The difficulty of getting funds to private, nonagency entities
has discouraged many in the private sector from participating
in this process.
The Trustee Council has begun using a federal competitive process
called the Broad Agency Announcement for research and monitoring
projects. This permits agencies and private groups to compete
on the basis of their proposals merit, and then allows for direct,
negotiated contracts upon Council approval. However, this method
cannot be used for direct restoration projects, many of which
are proposals by village councils to restore subsistence resources.
Some interviewees specifically identified the need for more federal
matching grants to encourage more state, local, and private sector
involvement and support.
Interviewees suggested placing more emphasis on funding for communication
efforts. Funding should be provided to the Public Advisory Group,
for example, for communication with the entities it represents.
Funding should also be provided for a user-friendly information
system on research results and natural resources information of
interest to the communities affected by the Exxon Valdez oil spill
and to the general public. These suggestions have already been
followed up on by the Trustee Council, and as of July 1995, efforts
to implement them were underway.
When asked about funding priorities, most people emphasized the
importance of funding land acquisition, public information and
education, and research on why so many marine species (including
fish, birds, and mammals) are experiencing population crashes.
Some interviewees also felt that funds were needed for restoration
efforts on private lands, in addition to land acquisition.
Federal Joint Funding
Prior to the Exxon Valdez oil spill, federal agencies in Prince
William Sound collaborated relatively little on projects and funding
activities. Now, however, a number of very positive joint activities
are underway.
Collaboration. The National Biological Service, National Park
Service, and Fish and Wildlife Service are working together on
projects related to the oil spill and ecosystem. They are transferring
funds and people between agencies to facilitate coordination.
The Forest Service and Bureau of Land Management are collaborating
on a geographic information system project. They are sharing staff,
expertise, and data, but are not transferring funds for data collection.
In 1994, the National Biological Service initiated a 3-year Greater
Prince William Sound Ecosystem Initiative, one of 12 such agency
projects nationwide (another is in Glacier Bay, Alaska). After
the National Biological Service develops its approach, it will
collaborate with other agencies to integrate scientific information
and to close any gaps in knowledge. One reason the agency selected
Prince William Sound as a project site is the potential availability
of Exxon Valdez oil spill settlement funding to augment its own
resources.
Constraints. Experience with the damage assessment process following
the Exxon Valdez oil spill disaster indicated a need to improve
ways to obtain funding in emergencies. Because the oil spill occurred
in the middle of the fiscal year, no funds were available to address
the emergency; agencies had to go to Congress to request additional
funds. This created administrative problems and left portions
of the overall assessment plan unfunded. Moreover, agencies faced
the problem of deciding who funded what, and it took time for
them to develop a common direction.
Without assured additional funding, federal agencies found it
difficult to redirect staff to address the emergency. Because
additional staff could not be hired, redirecting staff meant that
their regular program activities were neglected.
Most federal agencies are limited to spending appropriations on
lands and resources they manage, discouraging them from taking
a broader ecosystem approach. For example, the Forest Service
needs more research on land-sea ecosystem relations, but it is
allowed to fund research only on national forest lands.
Each agency has separate procedures for data collection, budget
review, report review, and other processes, which inhibits collaboration
with other agencies, universities, and organizations. A true ecosystem
approach requires collaboration with Canada, because watersheds
and international parks straddle international boundaries. But
collaborating on projects with Canada is impeded by the difficulty
of transferring funds to Canadian agencies for collaborative research
and monitoring. It is easier to collaborate with Russia, because
Area 5 agreements provide for funding of Russian entities. Similar
agreements are needed with Canada.
Interviewee suggestions. Interviewees felt that it should be made
easier to transfer funds among agencies and organizations, perhaps
through Memoranda of Agreement or eliminating the need for special
interagency agreements. Broader, more credible ways of carrying
out monitoring and other tasks will reduce costs, as would use
of volunteers. A special agreement to exchange funds with Canada
would help to facilitate an ecosystem approach across international
boundaries.
Incentives for collaboration would help to optimize use of scarce
resources and to mitigate competition for them. Collaborative
work could be made a selection criterion for grants.
More support should be given to establishing baseline data before
a crisis occurs, to facilitate analysis of disaster effects and
to help measure restoration accomplishments. The assessment should
be conducted collaboratively and with joint funding from all involved.
More funding is needed for research, monitoring, and restoration,
and particularly for education and communication. An electronic
bulletin board or data base of research reports and other information
might be established. There should also be more emphasis on technological
tools, such as geographic information systems, perhaps with the
help of the U.S. Department of Defense.
INSTITUTIONAL ISSUES
In spite of the Exxon Valdez oil spill, Prince William Sound is
still relatively pristine, with little contamination from other
sources (such as nutrients or heavy metals), and with significant
natural resources for extraction and tourism. The region is sparsely
populated compared to other survey team study sites, such as South
Florida or the Great Lakes basin (see corresponding chapters in
this volume). Still, a variety of federal, state, and native institutions
have long been active in the region, responsible for managing
its rich natural resources. Before the disaster, there was no
major interagency coordinating institution, even though agencies
collaborated on various projects. The Exxon Valdez oil spill provided
the impetus for the regions first concerted interagency coordination,
although declines in fisheries beginning in the 1980s also demanded
interagency action, according to some interviewees.
Institutional representatives in the region-and the general public-are
convinced of the need to avoid the problems and conflicts over
multiple resource use that have plagued other regions. Survey
participants foresee continued problems in coordinating the regions
diverse institutions, and they are anxious to learn from other
regions how to change the culture of institutional interaction
and to design effective processes for institutional coordination.
Trustee Council
The major coordinating institution in the region is the Exxon
Valdez Oil Spill Trustee Council, created in 1989 immediately
following the spill. Before its official inauguration in October
1991 (under formal agreement between state and federal governments),
the Council coordinated activity to clean up the oil spill and
to assess the extent of damage in preparation for a formal Natural
Resources Damage Assessment. Survey participants voiced considerable
criticism of the Natural Resources Damage Assessment process and
of the poorly coordinated response to the spill, which they attributed
to lack of clear leadership by any single state or federal agency.
Trustee Council authority. One problem is that the Prince William
Sound ecosystem-in both scientific and institutional terms-is
larger than the Exxon Valdez oil spill boundaries defined by the
Trustee Council. Exxon Valdez oil spill boundaries contain a mosaic
of native, state, and federal lands (such as national forests
and state parks) with different purposes and trust managers. Although
the Trustee Council includes members from these agencies, it lacks
direct management authority. Therefore, it must depend on the
cooperation of agencies and nongovernmental entities in the region.
The challenge of getting various management entities to coordinate
their diverse mandates and to work toward common goals has proven
daunting, according to many participants.
The rule that Trustee Council decisions must be based on unanimous
consent was considered an obstacle to restoration efforts by some
participants, because it (in effect) gives veto power to any Council
member. However, others felt that it provided an opportunity to
build consensus. Council representatives considered it a major
accomplishment to get agencies in the region to agree to the goals
and objectives for research, monitoring, and restoration outlined
in its Restoration Plan.
Ecosystem approach. The Trustee Council was not set up to implement
the ecosystem approach, but rather to allocate Exxon Valdez oil
spill civil settlement funds. But in its policy declarations and
programmatic decisions, the Council has embraced the ecosystem
approach. To address criticisms, it has evolved in important ways
in both structure and process, partly by seeking to learn lessons
from other regions. Trustee Council representatives specifically
noted studying the structure of the U.S.-Canada International
Joint Commission for the Great Lakes and how it has worked to
implement the ecosystem approach.
In November 1993, the Trustee Council made several changes to
improve the efficiency of its planning process and to address
the issue of the ecosystem approach. An executive director was
hired to develop a comprehensive ecosystem-based approach to restoring
Prince William Sound. In addition, the Council established a position
for a director of operations. Because these staff members, along
with the chief scientist (a position created in 1990), are independent
of any trustee agency, they are able to take a broader view, helping
to facilitate consensus on the Council. Moreover, they are able
to focus on planning and setting goals for restoration and management
activities, and to work with agencies on implementing plans.
In its Restoration Plan, the Trustee Council established the ecosystem
approach as a primary policy. In addition, the plan incorporated
ecosystem and restoration goals and objectives that were developed
during a series of workshops attended by involved scientists and
members of the public. A group of core reviewers was identified,
who provide individual advice to the chief scientist on the program
in its entirety. Because the Trustee Council provides the major
funding for ecosystem research in Prince William Sound, it is
becoming the leading catalyst for a broader ecosystem approach
to resource management in the area.
The Trustee Councils appraisal process for land acquisition is
designed to facilitate the ecosystem approach. Land parcels considered
for acquisition are evaluated in terms of their resource value
and the degree of their linkage to resources affected by the oil
spill. The Council considers the synergistic value of acquisitions,
assigning priority to groups of parcels that, taken together,
will contribute to restoration over a larger area.
Opportunities for the Ecosystem Approach
Most agencies and institutions in the region expressed clear support
for the ecosystem approach. Few examples were given of agency
barriers to the ecosystem approach; most survey participants were
positive about agency efforts to change the way they do business,
in accordance with the ecosystem approach. The U.S. Army Corps
of Engineers A-95 wetlands permits were cited as one example,
although no specifics were given. A number of management and planning
processes in the region could be adapted to ecosystem goals, including
forest management plans and recovery plans for endangered species,
which should be considered in an ecosystem context. One participant
called these "protoecosystem management" mechanisms,
and many suggested that incorporating goals of the ecosystem approach
into these processes would be a major step forward.
Interviewees offered several examples of what agencies are doing
outside the Trustee Council process to incorporate adaptive management
(feedback processes) and to take an ecosystem approach through
coordination and cooperation with other agencies, incorporation
of regional goals, and other means.
State of Alaska. The state of Alaska has a number of coordinating
mechanisms, including the Alaska Water Directive, an administrative
order by the Governor that is designed to avoid duplication of
effort among state and federal agencies by defining and consolidating
responsibilities. Implementation of the directive is assisted
by the Water Management Council, which has quarterly meetings
of 28 state and federal water management and research entities
to discuss water issues. Alaska also has Public Information Centers
distributed throughout the state to provide all the necessary
information to planners and developers on permits (primarily issued
by the state and Army Corps of Engineers); both state officials
and members of the public urged the federal government to provide
this type of "one-stop shopping" for other kinds of
permits and regulatory processes.
Department of Defense. Although the survey team did not speak
with officials from the Department of Defense, several interviewees
mentioned the potential of military technology for environmental
applications, especially remote sensing tools, in situ observing
systems, and data management expertise.
Fish and Wildlife Service/National Park Service. The Fish and
Wildlife Service and National Park Service manage the Alaska Peninsula,
Kodiak, Kenai, and Becharof National Wildlife Refuges and the
Katmai and Lake Clark National Parks, which surround much of the
western oil spill area. Representatives from both agencies stated
that they are working to define goals of the ecosystem approach.
Forest Service. The Forest Service is evolving a new mode of planning
and decision making for its forest management plans, currently
under revision for both the Chugach and Tongass National Forests.
Forest management plans are an important part of the process for
shaping future conditions in the Prince William Sound ecosystem,
given the large tracts of public lands surrounding the Exxon Valdez
oil spill area. The Forest Service recognizes that there are strong
qualitative and quantitative links between forest cutting and
salmon, wildlife, and water quality. To address these links, the
agency is initiating ecosystem planning for both the Chugach National
Forest, which surrounds much of Prince William Sound, and the
Tongass National Forest. The Forest Service defines ecosystem
planning using an interdisciplinary team to brings more people
and issues into the forest planning process. However, the complex
system of multiple owners and interests involved on most federal
lands is a challenge to the process: on the Chugach National Forest,
for example, there are three Alaska boroughs and three federal
agencies involved, along with several Native corporations and
state agencies, and the Copper River drainage basin extends into
Canada. In 1989, the Forest Service established the Copper River
Delta Institute in Cordova to provide increased ecological research
and public interpretation on the Copper River Delta and Forest
Service lands.
National Biological Service. The National Biological Services
Prince William Sound-Copper River Ecosystem Partnership, begun
in 1994, is designed to facilitate ecosystem-based approaches
to resource management through partnerships between the National
Biological Service and other agencies and organizations in the
Prince William Sound drainage basin. The agencys strategy is to
identify and fill in gaps in what the Trustee Council is able
to do and fund under its mandate for restoration.
One of 12 such National Biological Service efforts nationwide,
the Prince William Sound-Copper River Ecosystem Partnership looks
beyond resources and species damaged in the Exxon Valdez oil spill.
The Initiative focuses on declining populations of harbor seals
and sea lions in the Gulf of Alaska, on terrestrial systems and
old growth forests, and on parts of the Prince William Sound ecosystem
that lie beyond oil spill boundaries (such as the Copper River
basin and the Wrangell-St. Elias wilderness). Specific areas to
be addressed include developing an information management system
and a functional linkage model of the whole ecosystem to guide
future science efforts. Information developed in partnership with
other agencies will be used to influence decisions on land use,
timber harvesting, oil and gas leasing, and other natural resource
management issues. The National Biological Service holds workshops
and synthesis conferences in the region to define emerging and
critical issues.
National Oceanic and Atmospheric Administration. NOAA has several
programs that contribute to, or are opportunities for, an ecosystem
approach. Under the Coastal Zone Management Act, NOAA works with
the Alaska Coastal Management Program to help protect coastal
resources and promote sustainable development through federal
grants, program review, and technical assistance. The Alaska Coastal
Zone Management Program received federal approval in 1979 and
has since completed 34 of 36 locally developed district coastal
management programs. The Sea Grant Marine Advisory Service is
another of NOAAs educational and community involvement tools,
with agents in communities in all coastal states, including Alaska.
Its job is to get information and technology on coastal resources
into the hands of people who can use them. The Marine Advisory
Program is a grassroots effort, with agents located in eight communities
along Alaskas 55,000 miles of coast.
NOAAs National Marine Fisheries Service (NMFS) supports multidisciplinary
research on fisheries oceanography. Cited by survey participants
as an example of good interdisciplinary work, this research provides
information important to broader management of marine resources
in the region. Current studies focus on the influence of coastal
eddy currents and other oceanographic features on the survival
and maturation of larval and juvenile pollock in the Shelikov
Straits and Bering Sea. Research involves models coupling biological
and physical factors, and results are now being used by the North
Pacific Fisheries Management Council in stock assessments. NOAA
has management responsibility for living marine resources beyond
3 miles, whereas the state has primary responsibility for
fisheries within the 3-mile zone, including coastal salmon.
The NMFS was praised for its research efforts, but criticized
for continuing to take a single-species approach rather than expanding
its scope to include broader factors such as predator/prey relationships,
physical processes, and habitat. NMFS employees stated that they
have not been able to adequately address habitat issues because
the Auke Bay laboratory has not received funding for habitat-related
work. Most such work is supported from outside the agency (by
Shell Oil, the Fish and Wildlife Service, and the Army Corps of
Engineers), limiting the ability to apply resources to habitat-related
priorities set by the NMFS. Due to budget constraints, the NMFS
is faced with difficult decisions on whether to allocate resources
to such management efforts as habitat protection or to meet short-
and long-term research needs.
North Pacific Fishery Management Council. The North Pacific Fisheries
Management Council (NPFMC) is one of eight U.S. Regional Fishery
Management Councils created under the Magnuson Fishery Conservation
and Management Act. The NPFMC advises the U.S. Secretary of Commerce
and the state of Alaska by assessing and developing regional fisheries
management plans for several species (such as salmon, king and
tanner crab, pollack, herring, and squid). The major regional
coordination and management institution prior to the Exxon Valdez
oil spill, the NPFMC is moving towards an ecosystem approach by
supporting studies of target predator and prey species in the
trophic chain of target species, issues relating to hatchery salmon
and wild salmon, and predictive fishery models. It has also funded
research aimed at developing information for specific management
plans. The NPFMC has an executive director and staff who are not
federal or state employees, a scientific and statistical panel
that advises on scientific and technical matters, and an advisory
panel with members representing major segments of the fishing
industry, including catching and processing, subsistence fishing,
consumption, and sport fishing.
The NPFMC provides fishery management plans to the Department
of Commerces National Marine Fisheries Service. In accordance
with adaptive management, after a plan is developed, it can be
amended during an annual revision cycle, based on new scientific
information collected by the scientific and technical committee,
NPFMC staff, and special advisors. Emergency provisions allow
for relatively rapid responses. The NPFMC takes an ecosystem approach
to setting maximum sustainable yields and optimum yields, recognizing
that in order for fish stocks to be sustained, the ecosystem as
a whole must be understood. Research is being funded by the NPFMC
on trophic interactions related to fish, such as marine mammal
feeding habits. Representatives of the NPFMC feel that the industry
advisory panel has generally been interested in getting the best
scientific advice and in heeding it during plan preparation.
Prince William Sound Science Center. The Prince William Sound
Science Center in Cordova is a private, nonprofit corporation
founded by a group of local researchers, fishermen, and public
officials. The Center also administers a federally funded entity,
the Prince William Sound Oil Spill Recovery Institute, mandated
by the Oil Pollution Act of 1990. The Center is supported by a
combination of state and federal contracts and private foundation
grants, including federal appropriations from fiscal years (FY)
1991-94 to support the Oil Spill Recovery Institute, a 3-year
grant from the M.J. Murdoch Charitable Trust to increase public
involvement in sustainable resource use planning, and a major
contract for the Trustee Council to conduct ecosystem monitoring
in Prince William Sound. The Oil Spill Recovery Institute has
developed a Research and Development plan for oil spill prevention
and response and, in conjunction with the Science Center, developed
an ecosystem research plan for the greater Prince William Sound
region.
Prince William Sound Fisheries Ecosystem Research Planning Group.
The Prince William Sound Science Center worked with fishery organizations
and others based in Cordova to bring together commercial and recreational
fishermen, native and environmental representatives, other users,
scientists, and resource managers into the bioregional Prince
William Sound Fisheries Ecosystem Research Planning Group. The
Planning Group includes Cordova District Fishermen United, the
Cordova Aquatic Marketing Association, Prince William Sound Aquaculture
Corporation, the Prince William Sound Science Center, the University
of Alaska at Fairbanks, Eyak Corporation, Prince William Sound
Conservation Alliance, and local staff of the Alaska Department
of Fish and Game.
The Planning Group has developed an ecosystem research plan with
a broad-based, long-term, regional perspective: research is designed
to address ecosystem goals based on local priorities (such as
maintaining a sustainable fishery and a resource for tourism).
The plan, called the Sound Ecosystem Assessment, proposes long-term
bioregional research and monitoring of the Prince William Sound
fishery ecosystem. The Planning Group hopes that agencies will
consider these goals for research and monitoring in their program
planning. The Sound Ecosystem Assessment deals with the difficulty
of studying a whole ecosystem by concentrating on two species
of concern-the pink salmon and Pacific herring-as key to understanding
Prince William Sound ecosystem dynamics. In April 1994, the Sound
Ecosystem Assessment began collecting data on these two species,
their predators and prey at several stages in their life cycles,
and the nutrient and physical regimes that influence their biology.
Funded in FY 1994 by the Trustee Council, the Sound Ecosystem
Assessment is one of three multi-investigator ecosystem research
programs being considered for continued funding.
Organizers said that the impetus for forming the Prince William
Sound Fisheries Ecosystem Research Planning Group was local concern
about the Prince William Sound ecosystem, coupled with frustration
over the lack of organization provided by the Trustee Council
and agencies in the region early after the settlement, and the
lack of interest on the part of these entities in drawing on local
knowledge. Members in the Planning Group were also concerned that
monitoring and research being done in the area (in which many
of them were involved) was for oil spill litigation before the
settlement, and not to formulate any coherent science plan. They
were also motivated by the need to understand why returns of pink
salmon were so aberrant in 1991-1993, and why Pacific herring
stocks failed in 1993.
Based on its experience with the ecosystem approach, the Planning
Group stated that the ecosystem approach must be multidisciplinary
(not just concerned with multiple species) and multiorganizational,
involving nongovernmental entities and industry, must involve
and empower local groups and knowledge, and must be desired by
the locality or region. The ecosystem approach, according to Planning
Group representatives, can be facilitated in several ways:
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The oil spill forged unity among groups based on an immediate
common goal and short-term vision: cleanup and restoration. But
most survey participants saw no shared vision for the future of
Prince William Sound. The goals defined in the Trustee Councils
Restoration Plan are specific about restoring the ecosystem and
intentionally narrow in focusing on resources injured by the oil
spill. There are important resource issues that are not included
in the Exxon Valdez oil spill plans, such as upland and old growth
forest issues, the Copper River and the Wrangell-St. Elias ecosystems
(outside the defined Exxon Valdez oil spill area), and marine
species in the Gulf of Alaska.
Establishing common goals. Interviewees often pointed to a major
roadblock in restoring and managing Prince William Sound: the
difficulty of obtaining agreement among multiple agencies on the
nature and implementation of a common set of goals. Commonly formulated
goals do exist, including the goals of the Restoration Plan, the
research and monitoring goals of the Sound Ecosystem Assessment,
and the goals of other ecosystem plans supported by the Trustee
Council. But it is still uncertain whether agencies will actually
integrate their programs and plans with Restoration Plan goals,
or how they will be able to direct their resources toward these
regional goals. Many interviewees wonder whether-and to what extent-agencies
will actually implement common program priorities. Many believe
that these priorities will remain on paper only, and that they
will fail to be funded through budget allocations and put into
practice.
Although the Trustee Council may help to define the goals of the
ecosystem approach, it is not responsible for management actions
(except through funding restoration efforts), nor can it do more
than encourage agencies to integrate their strategies and programs
with those of the Council itself. Interviewees did not see management
authority for the Trustee Council as a way of solving the problem,
nor did they see lack of integration as solely a problem of the
Council. Instead, they felt that agencies should take the initiative
in integrating their programs with the regional goals set by the
Trustee Council and other entities.
Some survey participants suggested naming a "lead" agency
for programs or for restoration or cleanup efforts because it
is difficult to work with six or more federal and state agencies
without a lead. Both the new executive director of the Trustee
Council and the National Biological Service ecosystem initiative
were cited as potentially addressing this problem through the
Trustee Council process.
Participants called for more collaborative development of policies
and programs. Frequently, one agency develops a plan or set of
priorities, then tries to "sell" it to other federal
and state agencies and entities. Although the Exxon Valdez oil
spill strategic restoration planning process (see figure 3) is
developing goals for the ecosystem approach for the area, there
is concern that narrowly interpreted agency mandates will stand
in the way of their implementation. The Trustee Council will have
to work diligently to see that the strategic plan is accepted
and implemented by many agencies. Currently, species management
is controlled by a number of different agencies:
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Native corporations and communities. Considerable land in the
Exxon Valdez oil spill area is owned and managed by Native corporations
(including the Chenega, Tatitlek, Eyak, and Chugach corporations
in Prince William Sound). There was a general feeling among interviewees
that native groups and their perspectives and interests are not
as well integrated into agency activities as they should be, but
few specifics were given. Three key points were made:
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Advisory committees. Several academic survey participants complained
that procedures for bringing in experts from outside a federal
resource agency are weak, and that integration of research expertise
from universities has therefore been limited. One impediment is
the Federal Advisory Committee Act, which prohibits advice from
outside scientists unless advisory committees are formally constituted.
For this reason, the Trustee Council is using an informal group
of nationally recognized scientists to assist the Chief Scientist
in his review of proposed restoration efforts.
Federal contracting regulations. Federal contracting regulations
do not allow for open competition for research, restoration, and
other projects. Before an agency solicits bids for research assistance,
it must determine whether the process will be sole-source (within
the agency, for example) or open-bid. If sole-source, universities
and private entities are excluded from competition. If open-bid,
federal scientists are precluded from competing. The result is
that research is not always performed by the most appropriate
scientists, as determined by open competition and peer review.
Frequently, university and federal scientists collaborate through
cooperative agreements, but without such agreements, collaboration
is difficult. For example, in past years academic researchers
had difficulty obtaining funding from Exxon Valdez oil spill settlement
monies unless they were at an institution covered by one of these
agreements and had a federal collaborator. Recently, the Trustee
Council attempted to address this problem by issuing a separate
Broad Area Announcement available to academic researchers. Council
staff continue to experiment with Broad Area Announcements for
research and monitoring projects. This contracting process appears
to hold much promise, allowing for a more openly competitive process.
Although scientists felt that cooperative agreements and units
help facilitate collaboration, the real solution to this problem,
they said, is to ease federal contracting regulations to allow
for free and open competition for all research and restoration
funds using a National Science Foundation model. Opening the process
would help to solve the problem of locating those best suited,
in terms of skills, expertise, and resources, to work on a particular
project. This problem is particularly acute in regions where the
number of experts in any given scientific area is small.
Other ecosystems at risk. Several survey participants called for
taking a proactive stance on the likelihood of future disasters,
perhaps by establishing strategic environmental baselines for
other areas vulnerable to similar oil spills and contamination.
Cook Inlet was one area of concern, because it receives considerable
ship traffic with a variety of oil, fuel, and other cargoes. The
Pribilof Islands were another area where harbor and airstrip development
may lead to oil spills, disruption of rookeries, and pollution
from fish processing.
Participants recommended baseline ecosystem surveys before major
problems occur (or before degradation mounts), and they called
for implementing disaster prevention and ecosystem management
goals. Interviewees maintained that funds from agency budgets
were inadequate for other areas at risk, and that the Exxon Valdez
oil spill experience has shown how difficult it is to respond
without adequate background information.
LEGAL ISSUES
Interviewees raised a variety of legal issues surrounding Exxon
Valdez oil spill litigation, the settlement agreement, and laws
pertaining to restoration activities and the ecosystem approach
in the area around Prince William Sound.
Exxon Valdez Oil Spill Settlement
Many current activities in Prince William Sound had their genesis
in litigation, after the federal and state governments prepared
civil and criminal lawsuits against Exxon and the Alyeska Pipeline
Company under the Clean Water Act and other statutes. As a result
of the settlement, the restoration of Prince William Sound is
funded largely by monies from Exxon. Their expenditure must conform
to the consent decree governing settlement and to the Memorandum
of Agreement between the United States and Alaska, over which
a federal judge retains jurisdiction. A formal structure (the
Trustee Council and its Public Advisory Group) was established
to ensure that all expenditures conform to these documents.
Effects of litigation. Many of those interviewed said that litigation
had detrimental effects on ecosystem restoration and management,
primarily in two ways. First, because data collection was designed
from the outset to meet litigation needs, most studies focused
on the extent of oil spill damage rather than on prospects for
restoration. Studies that scientists considered important were
sometimes discontinued after legal review, because they were not
necessary to prove the case. Lawyers directed that studies be
done and information gathered on issues that would be of particular
interest or understandable to a jury, rather than on issues that
would provide the best information for restoration purposes. However,
lawyers often felt that agencies were doing research according
to their own priorities without giving sufficient consideration
to litigation or restoration needs.
Second, because the issue of damage to resources was in litigation,
researchers were directed to keep all studies and information
on the subject confidential. This kept information from being
shared, sometimes even within agencies. It also created a hardship
for scientists, whose career success depends on sharing and discussing
their research with other scientists and on publishing the results.
Even after the end of litigation, research remained undirected
and disorganized, according to many interviewees. This was partly
because no plan was in effect at the time the Exxon Valdez oil
spill occurred. Some scientists wanted to continue their work,
regardless of whether it was relevant to the spill. Some studies
were duplicated because agencies could not agree on who should
do them. Finally, agencies could not agree on who had responsibility
for restoring or conducting research on particular resources.
The fundamental problem was that it was often unclear what agency
priorities were and who was in charge of the process. No single
independent agency or person was in charge of the overall process,
a problem finally addressed when an executive director was appointed
to the Trustee Council (an approach that has proven successful
in other interagency Natural Resources Damage Assessment and restoration
planning efforts around the country).
Some interviewees recommended that the government prepare for
future catastrophes by devising restoration contingency plans,
akin to the response contingency plans now prepared pursuant to
the Oil Pollution Act. Plans would specify such things as what
short- and long-term research should be done and who would be
responsible for it, where agencies should work together, how to
prepare baseline information in advance and to use that information
for restoration, and what research equipment would be available.
Many of these suggestions are addressed in the proposed Natural
Resource Damage Assessment regulations under the Oil Pollution
Act. It was noted that such planning would demand extensive resources,
and that the most important action would be to put one person
in charge of damage assessment and restoration immediately after
a spill occurs.
Use of settlement funds. The Trustee Council met with mixed reviews
in its administration of Exxon Valdez oil spill settlement funds.
Some praised the Trustee Council for bringing diverse state and
federal parties to the table to exchange information and resolve
restoration issues, and for giving the public a chance to see
how the trustee leadership works. But many criticized the unanimous
consent requirement for slowing the decision-making process and
eliminating individual accountability. The funding cycle was also
criticized for being too short and for subjecting funding applicants
to burdensome procedural requirements.
There is not enough money in the settlement to conduct all the
restoration activities desired. However, the Trustee Councils
Restoration Plan has developed a comprehensive, balanced approach
to restoration that includes funding for all the various kinds
of restoration activities. Many of the criticisms heard earlier
in the process have now been addressed.
Trustee Council decisions are subject to legal review to verify
that settlement fund expenditures are in compliance with the consent
decree. Interviewees complained that legal opinions are slow in
coming, sometimes in conflict with each other, and often at odds
with the reality of the local situation. Moreover, not all parties
affected by the Exxon Valdez oil spill feel that they have had
adequate access to settlement funds. Representatives of the Chenega
Bay Corporation, for example, complained that they had no assistance
in writing funding proposals that will conform to the requirements
of the consent decree and Memorandum of Agreement.
In its Restoration Plan, the Trustee Council established the ecosystem
approach as a primary policy to help guide use of settlement funds.
Several proposed or approved projects funded by settlement funds
were praised as facilitating the ecosystem approach. For example,
a long-term reserve containing funds for future research facilitates
adaptive management by setting aside money for future use without
stipulating now how it should be spent. The appraisal process
for land acquisition also facilitates the ecosystem approach.
Land parcels considered for acquisition are prioritized in terms
of resource value and linkage to affected resources. Priority
is given to groupings of parcels that, taken together, will enhance
restoration over the largest area possible. In general, both research
and monitoring are moving away from a species-by-species approach
and towards an ecosystem approach.
Legal Authorities
Many complex legal issues in other regions discussed in this volume-involving
the National Environmental Policy Act, the Endangered Species
Act, and land management statutes-are of lesser concern in the
Exxon Valdez oil spill area. This may be because the area around
Prince William Sound, which includes large tracts of federal land,
is still relatively isolated and undeveloped. The multiple sources
of contamination found in more populated areas are largely absent
here, and the environmental problems and land management conflicts
resulting from heavy resource extraction are far less (with the
notable exception of the Exxon Valdez oil spill). But these problems
may become more prevalent in the future as logging, fishing, and
other extractive activities increase. Statutes and regulations
relating to the Exxon Valdez oil spill and to the ecosystem approach
in Prince William Sound include the Oil Pollution Act, Federal
Advisory Committee Act, Alaska Native Claims Settlement Act, and
federal contracting regulations.
Oil Pollution Act. The Oil Pollution Act, 33 U.S.C. §§ 2701
et seq., which was passed by Congress in the wake of the Exxon
Valdez oil spill in 1990, contains many provisions that facilitate
interagency cooperation and an ecosystem response. The Act allows
funds recovered in a natural resource damage lawsuit against an
oil spiller to be used for restoration in the damaged area, providing
a fund of money for restoration after a lawsuit is settled or
otherwise resolved. This beneficial arrangement is unusual, because
funds recovered by the United States in an environmental lawsuit
are ordinarily deposited into the federal Treasury and cannot
be used to restore the damaged resource.
Section 1006 of the Act (which provides for natural resource damage
assessments), along with its legislative history, encourages interagency
cooperation and federal, state, and native coordination in damage
assessments and studies. The Act directs agencies to exercise
joint management or control of shared resources, and it makes
up to $50 million immediately available for damage assessments
and emergency removal work. Title V of the Act creates and funds
regional citizen advisory groups as well as the Oil Spill Recovery
Institute in Cordova, associated with the Prince William Sound
Science Center.
The NOAA has published proposed regulations for Natural Resources
Damage Assessments under the Oil Pollution Act (59 Fed. Reg. 1062,
7 January 1994). Among other things, the regulations would encourage
natural resource trustees to "coordinate among themselves,
the response agencies, the public, and any potential responsible
parties interested in developing contingency plans for a damage
assessment." They would allow agencies to combine funds recovered
in several natural resource damage cases in a region, so that
the money recovered can fund a larger long-term "Regional
Restoration Plan," and they would authorize state and federal
trustees to establish "joint trustee accounts" to share
funds recovered as a result of an oil spill.
Federal Advisory Committee Act. The Federal Advisory Committee
Act (FACA), 5 U.S.C. App. 2, restricts the ability of federal
agencies to solicit and receive collective advice from nonfederal
parties. An advisory committee, as defined by FACA, must be organized
under a charter, balance its membership, post notification of
its meetings in the Federal Register, hold open meetings, take
minutes of meetings, provide transcripts of meetings upon request,
and make available any documents relied upon by the committee,
among other things.
In the Exxon Valdez oil spill process, the Public Advisory Group
was chartered under FACA, and has begun to work quite well. But
agencies are concerned about FACA constraints in more routine,
informal situations, where state or other outside parties would
be brought in to discuss discrete issues on a short-term basis.
In such cases, the time and resources required to comply with
FACA may outweigh the benefits of nonfederal participation. Agencies
are also concerned that groups chartered under FACA might often
be too large to work efficiently and productively. Support was
expressed for a legislative exemption from FACA for meetings with
state officials.
Alaska Native Claims Settlement Act. The Alaska Native Claims
Settlement Act, 43 U.S.C. §§ 1601 et seq., was passed
in 1971. In return for almost $1 billion and 40 million acres
of land in fee simple, native claims to aboriginal lands were
extinguished. The Act provided for the formation of native regional
and village corporations (chartered under state law) as a prerequisite
to receipt of lands or benefits. Twenty-two million acres were
selected by village corporations, primarily from available land
in the vicinity of the villages. Remaining lands were to be distributed
to regional corporations and then allocated on an equitable basis
among native villages within regions. Corporations hold title
to the land, control subsurface and timber rights, and administer
settlement benefits.
Tribal government functions are usually vested in a village council,
which is separate from the village corporation under the Alaska
Native Claims Settlement Act. Corporation leadership and village
council leadership do not always coincide or operate consistently.
For example, a village or regional corporation may manage natural
resources in a way that the village council, and the people who
elected it, disagree with.
Many Native corporations have not been profitable. In recent years,
many in the Prince William Sound area have intensified resource
extraction, including clearcutting of timber. These activities
were criticized by some native and nonnative interviewees. Members
of native villages expressed concern that there is no forum for
public debate or input on environmental issues (such as a counterpart
to the National Environmental Policy Act),* and that decisions
are made unilaterally by elected corporation boards. Nonnative
people dependent on fisheries complained that native resource
extraction has detrimental effects on other resources in the Sound.
Federal contracting regulations. See discussion under Budget Issues.
Local Involvement in National Rulemaking
Many interviewees suggested that interested local parties be given
more of a voice in the ecosystem approach. One important role
for local groups might be to ensure that federal or state laws
or regulations apply properly to the ecosystem at issue, or to
facilities within it. Where a federal regulatory requirement does
not properly apply to a given ecosystem or facility, those affected
by the requirement should be able to make their views known.
For example, for some facilities in the Prince William Sound area,
compliance with a certain EPA regulation governing disposal of
fish waste is neither necessary nor environmentally beneficial,
according to local scientists. But local fish processors and others
in the area did not find acceptance for this view in public hearings,
and they had no other way to get EPA to consider it. A more powerful,
recognized local "spokesgroup" for the ecosystem would
be more effective in making federal regulators understand local
features of the ecosystem, and in bringing local knowledge to
bear on permitting decisions based on nationally applicable regulations.
International Issues
Ecosystems cross national as well as state boundaries, and efforts
are underway to join with Canada and other countries to protect
such ecosystems. But agency officials noted that many international
agreements involving resource protection hinder coordinated bilateral
efforts. For example, the United States and Canada have signed
a treaty to protect the Porcupine River caribou herd, which lives
in both countries. But the treaty provides no easy mechanism for
joint expenditure or transfer of funds. Accordingly, when the
United States wants to take a survey, it cannot charter a Canadian
plane without going through time-consuming procedures involving
nongovernmental parties. One solution to this problem might be
along the lines of the bilateral agreement establishing the Great
Lakes Fishery Commission, under which funds for expenditures go
to the Commission itself. Another useful model is the Area 5 agreement
between the United States and Russia, which allows for bilateral
exchanges of scientists working on environmental matters.
PUBLIC PARTICIPATION
The importance of two-way communication between the public and
government was a prevalent theme of discussion during interviews
for this case study. Spokespersons from federal, state, and local
agencies and from nongovernment organizations all said that public
input was key to a successful ecosystem approach. They also referred
to the difficulty of communicating with a public as dispersed
and ideologically diverse as in Alaska.
Efforts to Involve the Public
Numerous groups have solicited public input on the government
response to the Exxon Valdez oil spill and on other efforts related
to the ecosystem approach in Prince William Sound. These groups
include the Trustee Council and its Public Advisory Group, the
Alaska Department of Community and Regional Affairs, the Alaska
Division of Governmental Coordination, the USDA Forest Service,
the Joint Pipeline Office, the NOAA, the North Pacific Fisheries
Management Council, the Prince William Sound Science Center, and
the Prince William Sound Regional Citizens Advisory Council.
The Trustee Council. The Trustee Council has encouraged public
input in various ways, including:
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The Trustee Council was required by a Memorandum of Agreement
between the United States and the state of Alaska to create "procedures
providing for meaningful public participation in the jury assessment
and restoration process, which shall include establishment of
a public advisory group to advise the Trustees." The Public
Advisory Group, chartered under the Federal Advisory Committee
Act in 1992, was to provide advice on "all decisions relating
to injury assessment, restoration activities, or other use of
the natural resource damage recoveries obtained by the governments,
including all decisions regarding the planning, evaluation, and
allocation of available funds."
The Public Advisory Group, which meets 4-5 times a year,
has 12 members representing a wide array of interest groups, and
an additional 5 members representing the public at large.
One of its primary services to the Trustee Council has been to
make Council members aware of diverse points of view. According
to members of the group, it has taken about 2 years for it to
become productive. Two factors have contributed to its growing
effectiveness:
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First, after finding that the traditional system of public hearings
was not useful, the Department began using an alternative model
involving three phases of meetings with communities when seeking
input on a particular issue. During the first phase, the community
was informed about the issue; during the second, the issue was
discussed and questions were answered; and during the third, the
community was asked how it would like to see the issue addressed.
Depending upon the complexity of the issue and the level of community
interest, the total number of meetings held could be two, three,
or more.
Second, the Department is working with other state agencies to
coordinate and strengthen methods for initiating capital investments
in Alaskas local communities. It is using a strategy recommended
by a local employee of the USDA Agricultural Extension Service
(based at the University of Alaska) that involves bottom-up decision
making, allowing communities to define their development goals
and thereby to influence agency decision making. The program is
being initiated in eight Alaska communities, each with a population
of less than a thousand. State agencies meet to discuss and coordinate
respective plans for each community, and then meet several times
with each community to develop a common vision. Next, they work
with the community on action planning, identifying the roles of
each agency involved and those of the community. A key factor
in the success of these efforts is the ability of communities
to pay staff to coordinate the effort.
Division of Governmental Coordination. Alaskas Division of Governmental
Coordination works directly under the Governor, providing information
on permit applications. Citizens can quickly get the information
on federal, state, and local permit requirements for any development
activities. Representatives of the Public Advisory Group said
that Alaskans greatly appreciated this office, and they suggested
that it be used as a model for similar offices in other states.
Forest Service. The Forest Service disseminates public information
and solicits public input on ecosystem-related issues in Prince
William Sound through its Copper River Delta Institute and activities
on the Chugach National Forest.
Copper River Delta Institute. The Copper River Delta Institute
was established in 1989 by the Forest Service Pacific Northwest
Research Station and Alaska Regional Office to provide increased
research and public interpretation on the Copper River Delta.
Its mission is to improve the understanding, use, and management
of natural resources in the Copper River ecosystem through basic
and applied research and through education and interpretation.
Research is now underway on migratory shorebirds, trumpeter swans,
gray wolves, moose habitat and nutrition, plant classification
and succession, nutrient cycling and primary production, nitrogen
fixation, and the long-term social effects of the Exxon Valdez
oil spill.
The Institutes education and interpretation program for adults
and children emphasizes wetland ecology, ecosystem research, and
natural resource stewardship. The Institute initiated and sponsored
the annual Copper River Delta Workshop with the Cordova Ranger
District. In 1993, the workshop expanded into a 5-day community-sponsored
spring shorebird festival. Other educational activities have included
contribution to a science lecture series and numerous public and
school events. The Institute has formed partnerships with many
federal and state agencies, Native corporations, local government
entities, educational organizations, and environmental and natural
resource interest groups. Among them are the Canadian Wildlife
Service, the Chugach Alaska Corporation, the city of Cordova,
Ducks Unlimited, the Eyak Corporation, the Fish and Wildlife Service,
the Prince William Sound Science Center, Wrangell-St. Elias National
Park and Preserve, and a variety of educational institutions,
including Prince William Sound Community College, Yale University,
and the Universities of Alaska, Idaho, Minnesota, and South Alabama.
Chugach National Forest. Most of Prince William Sound is surrounded
by the Chugach National Forest, an important source of public
information. Ranger District offices are located in Seward, Girdwood,
and Cordova, and the Supervisors Office is in Anchorage. In 1994,
the Cordova Ranger District opened an information and education
site in Valdez at the request of the community. Additional Forest
Service information sites may be opened in Portage or Whittier.
Joint Pipeline Office. The Joint Pipeline Office was established
by state and federal natural resource agencies. Activities pertinent
to public involvement include a newsletter and hotline for citizen
safety concerns.
National Oceanic and Atmospheric Administration. The NOAA conducts
Mussel Watch, a research and monitoring project involving collection
of mussel samples by local communities. Community members and
schoolchildren are taught simple collection procedures, and then
samples they collect are periodically retrieved by NOAA scientists.
The project is designed to save taxpayer money on specimen collection,
and to increase community awareness of some of the research going
on in the area.
North Pacific Fishery Management Council. The North Pacific Fishery
Management Council (NPFMC) is one of eight U.S. Regional Fishery
Management Councils created in response to the Magnuson Fishery
Conservation and Management Act. Designed to provide local and
regional input into fisheries management, the NPFMC and its advisory
groups are made up of people from the region. Its primary role
is to determine optimum fisheries yields and to prepare and implement
regional fisheries plans. In an effort to involve the public in
its activities, the NPFMC conducts public hearings to gather information
in developing and amending fisheries management plans, reviewing
permit applications, and conducting the rest of its business,
submits estimated harvest levels for public review, and makes
all of its meetings open to the public.
Prince William Sound Science Center. The Prince William Sound
Science Center was established in Cordova shortly after the Exxon
Valdez oil spill. Its mission is to contribute to better scientific
understanding of Prince William Sound ecosystems and to encourage
local participation in natural resources stewardship. The Center
is developing a program to share research and information from
geographic information systems with the local community, thereby
promoting local involvement in decision making.
In addition to its research activities, the Center has developed
a cooperative education program with state and federal agencies
and the local school district. Through a grant from the Pew Charitable
Trust, and through funds received from the Forest Service Copper
River Delta Institute and other public and private organizations,
the Center has carried out a number of educational activities,
including:
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The Center had a role in coordinating development of the Sound
Ecosystem Assessment, based on extensive discussions with local
scientists, fishermen, and other members of the Cordova community.
Discussion focused on assessing the current state of knowledge
about fisheries resources in Prince William Sound, identifying
information gaps, and planning for research to fill the gaps.
Regional Citizens Advisory Council. The Regional Citizens Advisory
Council of Prince William Sound is an independent nonprofit organization
established in 1989 to communicate with the public on oil industry
decisions. The Council is financed by the Alyeska Pipeline Company
through a contract specifying its autonomy. Its stated goals include:
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Members of the Regional Citizens Advisory Council are ex-officio
members of the Trustee Councils Public Advisory Group. Within
the last year, the Council has signed Memoranda of Agreement with
EPA and the Alaska Department of Environmental Conservation to
facilitate information exchange with these agencies.
Constraints to Public Involvement
There are several opportunities for strengthening public involvement
in the Prince William Sound area. The various public involvement
activities taking place in the area (albeit with varying degrees
of success) could be strengthened and/or serve as models for other
efforts. The dramatic impact of the Exxon Valdez oil spill has
served to intensify public awareness and interest in the management
of the Prince William Sound ecosystem. Nevertheless, interviewees
mentioned a number of constraints to effective public participation
in the ecosystem approach.
Public advisory groups. Discussions about the Trustee Councils
Public Advisory Group and the Prince William Sound Regional Citizens
Advisory Council revealed problems associated with such groups.
It is difficult to put together a group small enough to be efficient,
yet large enough to represent the diverse sectors of the public.
Decision making is hampered by members who do not fully participate
and, more often than not, some members participate fully while
others merely "take up space."
Groups with members selected from above, rather than elected by
the constituencies they represent, do not necessarily represent
their constituents, according to one outside observer. Therefore,
it was noted, the Public Advisory Group does not truly represent
the public, despite its value in articulating a wide variety of
interests.
Several concerns about the Trustee Councils Public Advisory Group
were raised by outside observers, including nonprovision of funds
for organizing and travel to meetings, and a perceived lack of
impact of advice from the Public Advisory Group on Trustee Council
decisions. Interviewees noted that the Memorandum of Agreement
calling for the Public Advisory Groups formation failed to spell
out the role of the Group and its relationship to the Trustee
Council. This lack of clarity seems to have been a major deterrent
to the Public Advisory Groups effective functioning, but fortunately
the problem is now being addressed by the Trustee Council.
Suspicion of ecosystem management. Some view the ecosystem approach
with suspicion, seeing in it an effort by the federal government
to extend jurisdiction over state and private lands, and/or a
form of resource management that ignores the needs of people.
This attitude, also found in Southern Appalachia, deters public
participation in the ecosystem approach.
Unavailability of research results. Several interviewees were
frustrated by lack of public access to research and monitoring
results, sometimes due to litigation. Cordovas local scientists
complained that outside scientists who conducted research in Prince
William Sound generally failed to provide their results to the
community after their projects were completed.
Lack of confidence in the federal government. Although representatives
of the community of Cordova indicated that the federal government
had, in various ways, provided support for local efforts to implement
the ecosystem approach, tensions were apparent. Until a year ago,
local spokespersons said, when fishermen blocked the entrance
to Valdez to prevent oil tanker access to the Alyeska Oil Terminal,
no Exxon Valdez oil spill settlement monies paid by Exxon to the
federal government had gone to benefit them, even though the Prince
William Sound fisheries on which they depend had been severely
depleted by the Exxon Valdez oil spill. Several interviewees complained
that the federal government spends too much time telling the public
what to do, and little or no time asking for input.
Little funding for native proposals. The Public Advisory Group
representative for native communities indicated that few proposals
submitted to the Trustee Council on behalf of native groups were
being funded. Further discussions with him and with Trustee Council
members revealed that this was primarily because the proposals
did not meet criteria outlined by the Council. The native representative
indicated that Native corporations and communities do not have
the personnel or financial resources necessary to write proposals
and lobby for projects. Therefore, he said, organizations with
such resources were more likely to get proposals funded.
The Trustee Council has funded subsistence planning outreach efforts
in the past 2 years, and much progress has been made in funding
Native-sponsored proposals.
Interviewee Suggestions
Interviewees made several recommendations for increasing and strengthening
the federal governments capabilities for involving the public
in ecosystem restoration activities in the Prince William Sound
area and elsewhere.
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× Foster public involvement from
the outset. Get the public involved from the very beginning of
the damage assessment and restoration process. The public should
be involved at the earliest stages of planning activities that
will affect the natural resources on which it depends. Lack of
sufficient public involvement immediately after the Exxon Valdez
oil spill significantly impeded a successful response. Public
participation in the process could be fostered through (1) a survey
of public views on ecosystem management needs, and (2) simple,
easy-to-do projects, such as the mussel collection program sponsored
by the NOAA and Prince William Sound Science Center.
× Foster local control. Address
the need for local control in implementing the ecosystem approach.
Control should be neither entirely local nor exercised entirely
by external authorities. In a meeting with the survey team, local
scientists and interested individuals, along with representatives
of Cordovas local fisheries and nongovernmental organizations,
all stressed the need for local control over any future ecosystem
management efforts in the Prince William Sound area. There seemed
to be a strong consensus within the group that when local issues
are elevated to higher levels (especially within state and federal
agencies), there is a real loss of commitment, energy, and logic
in the process, and efforts become too bureaucratic and less oriented
toward production.
× Prepare a plan. Prepare a written
plan for public involvement, and possibly make it available to
the public. Such a plan would include (1) criteria for decision
making by government agencies, (2) goals and objectives in the
overall ecosystem management effort and for its public participation
component, and (3) mechanisms for ensuring a two-way flow
of communication between local communities and the federal government.
Trustee Council staff have worked closely with the Public Advisory
Group and others to develop a communications plan.
× Accommodate local schedules.
Ensure that any public involvement process accommodate the work
and holiday schedules of local communities. For Alaska fishermen,
for example, meetings should be scheduled during the off-season
(between October and April). And to accommodate the Russian Orthodox
sector, meetings should not be held on Russian Orthodox holidays
(one year, a public meeting was apparently held in a village that
was primarily Russian Orthodox on the eve of the Russian Orthodox
Christmas).
× Increase public access to information.
Interviewees from all sectors recommended that the federal government
facilitate public access to information. Several called for information
that was easy to understand and that met the needs of different
public sectors. One suggested reorganizing the Oil Spill Public
Information Center in Anchorage to make information more accessible.
Others recommended translating research results into forms more
accessible and meaningful to nonscientists. All of these suggestions
are being implemented.
× Demystify the federal role.
Lack of transparency in federal decision making was named by many
interviewees as a barrier to public involvement in federal land
management and Exxon Valdez oil spill response efforts. Often
cited as an example was the seemingly closed nature of decision
making in allocating settlement funds paid by Exxon to the government.
Under its new leadership, the Trustee Council is addressing this
problem, according to several interviewees. The federal government
must do a better job of communicating the impact that its policies
will have and the rationale for them.
× Use successful models. Find
good examples of strong public involvement in other parts of Alaska.
An interviewee from a state land management agency suggested that
those involved in coordinating the Exxon Valdez oil spill response
study public involvement methods used elsewhere in Alaska, taking
good examples and using them to strengthen involvement in Prince
William Sound. One example given was the Eskimo Whaling Commission.
× Test a model of the ecosystem
approach. Identify an Alaskan ecosystem where a model approach
to ecosystem management can be tested. This suggestion was made
by an official from a state land management agency. Such an approach
should be based on cooperation between state and local government
and the private sector.
× Publicize the Exxon Valdez oil
spill experience. Publish an overview of the Exxon Valdez oil
spill response experience. Although a number of books and publications
have been written about the spill, several survey participants
felt that agency documents on the cleanup, its coordination and
deficiencies, and how problems were handled should be pulled together
into a single "how-to" handbook. Such a publication
should include discussions of what occurred, problems and opportunities
encountered, and lessons learned. It could be used to help people
facing similar problems in other ecosystems.
× Build ties to native groups.
Strengthen coordination with native groups, perhaps through Trustee
Council funding for a liaison to natives, a suggestion made by
the president of the Chenega Corporation. This liaison would be
responsible for ensuring a two-way flow of communication between
the Trustee Council and Native corporations and communities, and
for helping communities prepare proposals and secure funding for
activities within the scope of the Memorandum of Agreement between
Alaska and the United States. State representatives and other
interviewees also recommended that the federal government generally
be more proactive in encouraging the participation of native peoples
in restoration efforts, and that the public comment process be
revised to be more consistent with native cultures. The Trustee
Council has funded a Community Involvement Project, which in FY
1996 will include a Native regional facilitator to help foster
two-way communication between villages and the Council.
× Strengthen public advisory groups.
Strengthen the role of public advisory groups in Prince William
Sound and elsewhere by implementing the following suggestions:
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SCIENCE AND INFORMATION
Prior to the Exxon Valdez oil spill, research in Prince William
Sound was generally unconnected, limited in scope, and focused
on single species rather than multiple interactions. The exception
was the Bureau of Land Managements Outer Continental Shelf Environmental
Assessment in the 1970s, which included considerable research
in Prince William Sound and the northern Gulf of Alaska. After
the Exxon Valdez oil spill, most research in Prince William Sound
grew out of the Natural Resources Damage Assessment process, focusing
on marine environments and resources not directly under federal
control. Many interviewees commented that the Natural Resources
Damage Assessment encouraged studies designed to support litigation
efforts, with little or no bearing on ecosystem needs. Not until
early 1994 was there a series of work sessions specifically designed
to discuss an ecosystem approach to restoration activities.
Resource Information
Information about the resources in the Prince William Sound ecosystem
varies greatly in quantity, quality, and consistency, depending
on when the information was collected and the purpose of its collection.
A variety of information is available on intertidal and subtidal
communities, selected populations of shellfish, fish, birds, and
mammals, archeological and cultural resources, forest insects
and diseases, and the economic value of fish and shellfish species.
In many cases, however, there are few prespill data on either
plant or animal communities. Without adequate prespill data, it
is difficult to make definitive statements about the long-term
impact of the Exxon Valdez oil spill on the environment.
Marine communities. Marbled murrelet populations have been declining
since the 1970s, reportedly by as much as 40 percent, perhaps
in response to declining stocks of small fish, although the cause
is still unknown. Scientists and resource managers think that
little can be done directly to improve recovery of seabirds in
Prince William Sound.
Sea otter studies from the 1970s and 1980s did not involve repeated
population surveys, and recent health indicators for sea otters
have been inconclusive. No specific responses to the Exxon Valdez
oil spill can be made to help sea otters recover. Long-term habitat
protection is viewed as the only significant way to protect Prince
William Sounds sea otters.
Harbor seal populations were showing signs of decline prior to
the Exxon Valdez oil spill, for reasons not yet understood. Declines
in harbor seal numbers may be related to declining fish stocks,
predation by killer whales, or even harvest by humans.
Many crab species had low populations prior to the Exxon Valdez
oil spill. Poor Pacific herring returns are believed to be due
to natural causes, or to a combination of natural causes and oil
spill effects. In 1992-1993, pink salmon runs were low, for reasons
unknown. Many fish species in Prince William Sound appear to have
cyclical trends in production that are poorly understood. There
is a limited understanding of these and other depressed fisheries
resources in the Exxon Valdez oil spill area. The only reasonable
restoration means available is manipulation of human use through
recreational and commercial fisheries management.
Upland communities. There is less information about upland areas
than on the aquatic components of Prince William Sound, and most
of it pertains to the health and economic value of the regions
forests. The impact of insects on forest health and survival has
been documented. Since the mid-1970s, no timber has been harvested
on the Chugach National Forest in the area around Prince William
Sound, and no harvests are currently planned. However, clearcutting
on Native corporation lands has accelerated. The long-term impact
of this general lack of planned, coordinated forest management
cannot be adequately determined at this time.
Motivating Factors for Research
Underlying current research interest in Prince William Sound are
two basic issues: the Exxon Valdez oil spill, and declines in
populations of various species with economic value and of public
interest. Research has shown that the Exxon Valdez oil spill had
a significant adverse impact on the ecosystem, but that population
declines in species of concern are not due solely to the oil spill.
In fact, most research reports indicate an inability to explain
specifically what is happening to key species.
The Trustee Councils 1994 and 1995 requests for research proposals
specify that research and monitoring should focus on systemwide
interactions. Although some resource-specific projects are funded,
the Trustee Council recognizes that this approach is not always
adequate, and that an ecosystem approach is needed. In response,
several groups are developing coordinated ecosystem plans. Most
research funded by the Trustee Council is coordinated by five
interdisciplinary research groups (see figure 3), which focus
on the following problems:
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The Alaska Department of Fish and Game, NOAA, National Biological
Service, and academic institutions are major participants in these
research efforts. The Trustee Council will sponsor research coordination
meetings where all researchers can report their results and share
information.
Natural Resources Damage Assessment. Some interviewees noted that
immediately following the spill, most research in Prince William
Sound initially focused on the Natural Resources Damage Assessment
rather than on the need to provide information for a broad ecosystem
approach. This limited focus and lack of integration stemmed partly
from the narrow, traditional topical boundaries maintained by
agencies in choosing their research and designing projects. Reactive
processing is driven by the legal system and limitations on use
of funds. The availability of Natural Resources Damage Assessment
funding and litigation issues, not the need to understand the
component parts of the ecosystem, were probably the biggest factors
governing the conduct of studies in Prince William Sound.
Large disasters such as the Exxon Valdez oil spill force agencies
to step out of their traditional roles. The immediacy of the need
to respond to the oil spill forced agencies to get things done.
There was no time for arguments, discussions, or team development
issues. The people involved came in with an attitude that made
it work, were not involved in protecting turf, and were not concerned
with what might go wrong. It was only after the crisis that role
delegation and team interaction become issues.
Population declines in key species. The serious fish population
declines in 1992 and 1993 focused public attention on the need
to understand how this large and productive coastal environment
functioned to support marine resources of immense sport, commercial,
and subsistence value. In 1993, the Sound Ecosystem Assessment
presented a proposal for an ecosystem-based approach for future
research and restoration in Prince William Sound. The Assessment
proposed a research program that "will encompass an ecosystem-level
perspective to identify and analyze both physical and biological
processes within the Sound that act to limit the production of
the target species."
Instead of focusing on the ecosystem as a whole, monitoring plans
are being developed for individual species. The current emphasis
is on particular species of interest, plus their predators and
prey-a set of species on a single trophic level, rather than across
the entire ecosystem. Researchers argued that programs should
have ecosystemwide monitoring, rather than the narrow monitoring
of particular species envisioned under current plans.
Issues affecting research and monitoring. Various interviewees
maintained that a clear definition of the ecosystem, or area of
concern, was important in providing focus to research and management
efforts. Without basic planning documents, they argued, it was
difficult for agencies to show where their efforts were headed.
Despite much talk about ecosystem research, they noted, not much
was being done to translate results into meaningful management
actions.
Some felt that interagency collaboration in Exxon Valdez oil spill
studies was minimal, with much more cooperation on the ground
than at upper levels of management. Several said that upper-level
managers were often an impediment to getting the job done well.
Relationships at the local level are being limited by managers
at higher levels who do not have an adequate understanding of
what is going on at the local level. Interviewees suggested that
coordinating committees made up of managers, scientists, and advisory
group members might be used to reduce conflict and improve communications.
Interviewees called for outside review of proposed monitoring
studies, and for peer and public review of research. Currently,
there is no procedure for providing briefings or summaries of
proposed monitoring and research studies. Because proposed research
and monitoring projects are all submitted at once, there is insufficient
time for review and meaningful commentary. A nontechnical summary
of proposals was called for. The Trustee Council has implemented
an annual restoration workshop, open to the public, which provides
the opportunity for researchers to share results, be peer reviewed
in open session, and discuss ecosystem effects and opportunities.
In addition, all proposals since the early days after the spill
have been subject to independent scientific and technical review.
Information Management
Many interviewees perceived a lack of effective communication
among the many agencies and other entities working in Prince William
Sound. There was a general feeling that much work had been done
in a vacuum. Members of the public maintained that effective communication
was needed in order to provide some understanding of what needs
to be done and why.
The six trustee agencies reportedly have six ways of collecting
and storing data. Some interviewees noted that more attention
should be paid to information management, because the six trustees
act like six lead agencies. There seems to be a need, they said,
for the six agencies to make someone responsible for coordinating
and directing information flow, from collection to dissemination.
Some Alaska state representatives charged that the National Marine
Fisheries Service and Fish and Wildlife Service are not sharing
data outside of the Exxon Valdez oil spill process. They noted
a lack of federal reciprocity in data sharing. "You can put
it in," they said, "but you cant get it out!"
Data sharing. In general, there has been no cohesive structure
for sharing data or reports. Although there were specific requirements
for reporting data collected during the Natural Resources Damage
Assessment process, there was no way of integrating information
being collected outside of the Exxon Valdez oil spill process.
Some called for establishing the information system earlier in
the data gathering process.
Data sharing problems start with the basic issue of how to define
things to ensure consistency among users, including researchers,
managers, decision makers, and the public. The amount of information
coming in is so vast that it is impossible to assess and use efficiently
without standards. Agencies generally do not have data collecting
protocols like the Exxon Valdez oil spill process to facilitate
information sharing.
Neither agency representatives nor members of the public were
satisfied with the information management process. Most federal
and state agencies do not have an effective information management
process and are overly protective of information, according to
some. Agencies, it was generally felt, were willing to share information
only to get more money for projects. Part of the problem, some
maintained, was that agencies do not have information management
and sharing requirements built into their research, monitoring,
and information collection programs. However, the NOAAs oceanographic
data reporting system was praised for providing ready access to
shared information.
Timely data availability. Agencies are reportedly reluctant to
release their data unless they are in absolute final format; yet
agency data never seem to be final, interviewees complained. It
was felt that information obtained from studies should be widely
and promptly shared so that it can be applied to management practices
and used for decision making, both inside and outside the federal
government.
Data synthesis. Several groups called for making information about
Exxon Valdez oil spill studies and reports available in varying
forms so that scientists, managers, decision makers, and the general
public can understand them. Information synthesis is needed to
cope with the overwhelming volume of available data. A general
level of information is especially needed; many requested readable,
nontechnical information in a user-friendly system easily accessible
at local libraries or on personal computers.
Centralized data distribution. Since September 1990, the Oil Spill
Public Information Center has collected information and materials
on Exxon Valdez oil spill cleanup, damage assessment, and restoration
efforts. The Alaska Department of Fish and Game, in charge of
roughly half the research and restoration projects, also has a
person devoted to gathering these materials on a lesser scale.
Both the Sound Ecosystem Assessment project and the Trustee Council
are initiating major electronic information sharing projects.
The Councils efforts are focused on making information more easily
accessible to the public, including the general scientific community,
and on facilitating information transfer between researchers and
resource managers as well as within the greater scientific community.
Constraints to Science and Information Sharing
Interviewees mentioned several obstacles encountered in gathering
and sharing scientific information on the Exxon Valdez oil spill
area.
Litigation. A major obstacle was litigation. During the legal
process relating to the Exxon Valdez oil spill, information sharing
outside of the trustee agencies was highly limited. Litigation
issues kept them at arms length from the public, blocking effective
and timely communications about study results and plans.
Lack of direction. Efforts to restore the Exxon Valdez oil spill
area have sometimes failed for lack of a clear focus or unified
sense of direction. Independent leadership is needed to guide
restoration activities. Interviewees observed that federal legal
advisors never functioned as a team or showed any leadership.
Instead, they reportedly conformed to narrow agency perspectives,
offering a variety of conflicting legal viewpoints that caused
continuing problems. Agencies were limited by management mandates
and differing missions (for example, the Fish and Wildlife Service
is responsible for marine birds but not for fisheries, and the
National Marine Fisheries Service is responsible for fisheries
but not for birds), preventing effective teamwork.
Interviewees noted that many agencies have traditional, fixed
points of view that govern their handling of specific issues.
They presume the right to lead in dealing with certain specific
issues (such as forage fish), expecting others to follow, rather
than developing a consensus based on a broader ecosystem approach.
Researchers, managers, and public groups should all be involved,
interviewees urged, in dealing with specific issues.
Limited approaches. Researchers should examine key component species
of ecosystems rather than focusing on single species, according
to interviewees. Scientists should not do research just because
it is interesting and informative; instead, they should pursue
research that lends itself to applied science, to develop information
that will help managers make better decisions. The focus should
be on impacts to key species, the resources they depend upon,
and the resources that depend upon them. The ecosystem approach
should be interdisciplinary, involving industry and local communities.
Good science is needed to provide a sound framework for natural
resources management and decision making.
Ecosystem issues. One scientist noted that many fall into the
trap of trying to figure out what the ecosystem is, rather than
addressing the issues and missions it entails. This issue has
organizational as well as scientific implications: several agency
officials noted that there are no natural resource management
objectives for ecosystems. Many tend to get bogged down in the
details of defining an ecosystem in fixed terms.
Although each agency has responsibilities for certain species,
it is not always clear who has responsibility in specific cases.
Many agencies have been so focused on the biology of individual
species or on actions within the boundaries of their jurisdictions
that the larger picture escapes them. No agency has responsibility
for the ecosystem approach.
Some Alaska officials observed that ecosystem designations by
the Fish and Wildlife Service do not reflect state needs or priorities,
but rather seem designed to extend federal agency jurisdiction.
Federal agencies, they maintained, should work with the states
to identify objectives for the ecosystem approach; existing land
classifications, such as those defined in Alaska by the Federal
State Land Use Council, should be used as the starting point for
updating land classifications. States would object, they stressed,
to any federally imposed management directives.
Interviewees identified several key items as necessary to any
successful ecosystem response:
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Most potential partners prefer involvement during early stages
of program design. Those on the ground need to buy into the ecosystem
approach; they should be made to feel that they have contributed
to the process by providing direction. People need to talk about
what works and what does not, what can be done, what things can
be resolved, how processes can be integrated, and what can be
done to improve things. The Natural Resources Damage Assessment
process does not allow for any of this.
Funding issues. Key to a successful ecosystem response, interviewees
noted, was a source of substantial long-term funding-the overwhelming
costs of the ecosystem approach prevent its more frequent use.
The funding process, they urged, should involve local people and
communities, with decision making delegated down to the local
level. Some of these issues may be addressed through the long-term
planning efforts of the Trustee Councils staff. In addition, creation
of the Restoration Reserve will likely ensure that funds are available
in the long term for future research needs.
Due to the Natural Resources Damage Assessment and litigation
settlement, research in Prince William Sound is unusually well
funded, at least temporarily; but there is no commitment to (or
funding for) the long-term monitoring that virtually every scientist
considers crucial. This causes serious problems for study programs,
because those involved are constantly preoccupied with the search
for more funding or longer term positions. Researchers expressed
great frustration with the uncertainty of funding. Long-term continuity
is needed to enable more cooperative research based on research
completed before.
Some interviewees complained that agencies get into turf battles
over limited funds, refusing to collaborate for fear of having
to share limited resources. Agencies use civil settlement money,
some claimed, to pay staff salaries so that appropriated funds
can be used for other things.
RECOMMENDATIONS
Based on interviews conducted and materials gathered on the Exxon
Valdez oil spill and ecosystem restoration in the oil spill area,
the survey team developed recommendations to address problems
it found facing the ecosystem approach in the region. It should
be noted that these recommendations have been implemented by the
Trustee Council, although there is always room for continuing
improvement.
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Appendix:
SELECTED DOCUMENTS REVIEWED*
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Exxon Valdez Oil Spill Trustee Council. April 1994. Proceedings
of the Workshop: Science for the Restoration Process; 13-15 April
1994; Anchorage, AK.
Exxon Valdez Oil Spill Trustee Council. September 1994. Annual
Restoration Work Allocation. Anchorage, AK.
Exxon Valdez Oil Spill Trustee Council. September 1994. Final
Environmental Impact Statement for the Exxon Valdez Oil Spill
Restoration Plan. Anchorage, AK.
Exxon Valdez Oil Spill Trustee Council. November 1994. Exxon Valdez
Oil Spill Restoration Plan. Anchorage, AK.
Exxon Valdez Oil Spill Trustee Council. March 1995. 1995 Status
Report. Anchorage, AK.
Exxon Valdez Oil Spill Trustee Council. March 1995. Invitation
To Submit Restoration Projects for Federal Fiscal Year 1996 and
Draft Restoration Program: FY96 and Beyond. Anchorage, AK.
Exxon Valdez Oil Spill Trustee Council. June 1995. Draft Fiscal
Year 1996 Work Plan. Anchorage, AK. |
South Florida is one of seven ecosystems identified for further
study by the Interagency Ecosystem Management Task Force. In June
1994, a survey team traveled to Florida to conduct a series of
interviews with federal and nonfederal parties. The team consisted
of Diane Gelburd and Susan Huke from the U.S. Department of Agriculture
(USDA), Roger Griffis from the U.S. Department of Commerce, Jim
Pipkin and Mike Sweeney from the U.S. Department of the Interior,
and Louise Milkman from the U.S. Department of Justice.
Over 4 days (June 13-16), the team met with federal representatives
(including the U.S. Attorney and officials from the U.S. Army
Corps of Engineers (Corps), National Park Service, and U.S. Fish
and Wildlife Service), state officials (including the Lieutenant
Governor, the Governors advisor on environmental matters, representatives
of the Florida Department of Environmental Protection, and the
chairman and other representatives of the South Florida Water
Management District), and the chairman of the Governors Commission
for a Sustainable South Florida.
The team also met with a wide variety of other interested parties:
officials from Dade and Broward Counties; federal, state, and
private scientists; environmental organizations; a sugar industry
representative; representatives of the Miccosukee Tribe; and a
real estate developer. Subsequently, the team met with the chairman
of the federal South Florida Ecosystem Restoration Task Force
and conducted numerous followup conversations with people it had
interviewed in Florida and with others, including officials of
the Environmental Protection Agency and the head of the National
Marine Sanctuaries Program of the National Oceanic and Atmospheric
Administration.
The case study presented in this chapter is based on those interviews
and telephone calls, as well as on written material collected
by the survey team. The team focused on federal contributions
to the South Florida ecosystem restoration effort, identifying
areas where federal involvement might be improved. Based on interviewee
comments and suggestions, the team developed recommendations for
improving the ecosystem approach in South Florida, which are presented
at the end of this chapter.
BACKGROUND
One of South Floridas best known features is the Everglades (figure
1). Technically, the term "Everglades" refers to the
vast and once uninterrupted freshwater marsh stretching from the
southern shores of Lake Okeechobee to the tip of the Florida peninsula.
The historic ecosystem that encompassed the Everglades, however,
was a watershed comprising a variety of environments beginning
at the headwaters of the Kissimmee River and spilling out into
Florida Bay.
The Historic Everglades Ecosystem
The historic ecosystem of South Florida, the only subtropical
climate in the continental United States, had a wide variety of
subsystems, including: freshwater marshes; wetland "tree
islands;" pond apple swamp (now extinct); cypress swamps;
tropical hardwood hammocks; pinelands; mangrove swamps and islands;
coastal saline flats, prairies, and forests; tidal creeks and
bays; and shallow coastal marine waters. Water predominantly from
the Kissimmee River flowed into Lake Okeechobee and then into
the pond apple swamp along the lakes southern boundary. Beyond
lay a vast sheet of water flowing gently through Everglades saw
grass marsh and various other communities, and dropping 20 feet
over the 100 miles to Florida Bay.
Average water depth in the Everglades varied with the season;
during the rainy season, depths could reach up to 4-6 feet. Rain
is the principal source of water in the ecosystem, with an annual
average of 50-60 inches, depending on season and cycle, with most
falling during the wet season (from May to October). Fire played
a historically important role, maintaining open marshes and releasing
nutrients into the ecosystem. Florida Bay, at the end of the system,
contains coral reefs and habitat for more than 500 species of
fish, more than 450 species of seaweed and seagrass, and
thousands of other species.
A Century of Change
Water flowing from the Kissimmee River to Florida Bay today traverses
an ecosystem shaped and reshaped over the past 100 years to accommodate
the ever-growing needs of the population of South Florida. Changes
began in 1882 with the channelization of the Caloosahatchee River
and its connection to Lake Okeechobee, resulting in a westward
outflow from the lake. Subsequently, four canals were cut from
the lake southeast through the Everglades to the Atlantic Ocean.
In 1916, a fifth canal was constructed from the lake due east
to the ocean, and the southern rim of the lake was diked and leveed
to make possible what was to become the Everglades Agricultural
Area.
Over the ensuing decades, this infrastructure proved flawed for
various reasons not considered during its construction: uncontrolled
drainage threatening what was considered an infinite freshwater
supply; inadequate flood control in wet years; huge muck fires
in dry glades; and saltwater intrusion. This led Congress to authorize
the Central and Southern Florida Project in 1948, major features
of which were completed by the mid-1960s. This project was designed
to construct a 100-mile-long levee to protect lands to the east
of the Everglades from flooding and saltwater intrusion, and to
create the Everglades Agricultural Area and three Water Conservation
Areas separated by levees and regulated by canals and pump stations.
Water Conservation Area-1 became the Arthur R. Marshall Loxahatchee
National Wildlife Refuge. The Water Conservation Areas deliver
water to Everglades National Park, authorized in 1934 and established
in 1947.
In the 1960s, the Kissimmee River was channelized by the Corps
as part of the Central and Southern Florida Project. This project
reduced the rivers 103 miles of meanders through 35,000 acres
of floodplain wetlands to a canal 56 miles long, 30 feet
deep, and up to 300 feet wide, now known as the C-38 canal.
Transportation projects over the years, such as construction of
Alligator Alley and the Tamiami Trail across the Everglades, have
had a tremendous impact on the ecosystem, serving essentially
as dams to the southward sheet flow.
One of the most dramatic effects of the reconfiguration of the
Everglades and the diversion of great volumes of water has been
the precipitous decline in wading bird populations since the 1950s.
By some estimates, the great rookeries in the southern Everglades
may have supported as many as 2.5 million birds prior to
the disruption of natural hydroperiods. The rookeries are now
virtually abandoned. Far smaller, less stable rookeries have been
established in some areas of the Water Conservation Areas. Overall,
the wading bird population is estimated to have fallen by as much
as 90 percent since the turn of the century. As for other
wildlife, South Florida is now home to 56 federally listed
endangered and threatened species and 29 candidate species.
Cumulative modifications to the areas hydrology have led to a
severe water quality problem resulting from agricultural practices
that have discharged nutrient-laden water into a naturally nutrient-poor
ecosystem. Native vegetation in many areas has given way to dense
stands of cattails, resulting in further decreases in populations
of local wading birds and other native species.
According to some scientists, over the past 20 years the
impacts of hydrological changes and agricultural discharges in
South Florida have begun to manifest themselves in Florida Bay,
where massive seagrass die-offs, algal blooms, and declines in
populations of fish, mangroves, and other species have been documented.
Explanations range from hypersalinity (due to diverted freshwater
flows) and pollution to the natural impacts of hurricanes and
drought.
One of the more confounding mysteries of Everglades ecology has
been the increased concentration of mercury in the food chain.
Bioaccumulation renders predators, such as Florida panthers, most
susceptible. One theory attributes the mercury to airborne pollution;
another holds that mercury occurs naturally in the soils and is
released by a chemical reaction induced by drainage or the presence
of nutrient pollutants.
Problems unrelated to modifications of the systems natural hydrology
include introduced species, specimen collecting, and the effects
of off-road vehicles. Exotic plant species, primarily Australian
melaleuca and Brazilian pepper, are proving to be by far the most
formidable long-term challenge. Melaleuca was introduced intentionally
for its ability to "dry up" marshes, and both it and
Brazilian pepper tend to form dense stands that crowd out native
species. Research is now focused on the possibility of introducing
predators to combat these species. Many exotic species of fish
have also been introduced in South Florida.
*****
Figure 1.-South Florida ecosystem.
*****
Toward Restoration
In 1983, Governor Bob Graham began the "Save our Everglades"
campaign by committing the state to ecosystem restoration and
the following six objectives: (1) restoring the Kissimmee
River; (2) protecting Lake Okeechobee; (3) protecting
the Water Conservation Areas; (4) protecting Big Cypress
Swamp; (5) restoring Everglades National Park; and (6) protecting
the Florida panther.
Restoring the Kissimmee River. Efforts to restore the Kissimmee
River began in the 1970s and led to a study and restoration plan
by the South Florida Water Management District, which was adopted
in 1990 by the state of Florida. This plan would restore 40 square
miles of the original ecosystem, 43 miles of river, and 26,500
acres of wetlands. In 1992, Congress authorized the Corps to enter
into a 50/50 cost-share arrangement with the state to begin work
on the project, the total cost of which is approximately $400
million. Construction of the initial test fill began in April 1994.
Protecting Lake Okeechobee. In 1979, the Florida Department of
Environmental Protection took action to prevent any pumping of
agricultural water from the Everglades Agricultural Area into
Lake Okeechobee, except in emergencies, because the lake was suffering
from an overabundance of nutrients from runoff produced by agricultural
and dairy activities. (This resulted in increased discharge into
the Water Conservation Areas and, thus, into the refuge and the
park.) Since 1983, efforts have been focused on reducing dairy
farming on lands draining into the lake and on instituting best
management practices on remaining farms to improve the quality
of water from agricultural discharges. In 1989, the South Florida
Water Management District put into effect a Surface Water Improvement
and Management plan to reduce phosphorus in the lake. Since 1983,
approximately $45 million has been spent by the state, the water
district, and the federal government to restore the lake.
Protecting the Water Conservation Areas. Efforts to restore the
hydrology and water quality of the Water Conservation Areas have
largely concentrated on regulation and treatment of agricultural
surface water discharges and on land acquisition in the Areas
themselves and in the adjacent Holey Land and Rotenberger tracts.
Due to the vulnerability of deer in the Water Conservation Areas
to heavy flooding and rapidly changing water levels, changes were
made to stop rapid flooding, and deer herds have been reduced
to a more sustainable size. In addition, construction of the Everglades
Nutrient Removal Project, a filtration marsh for approximately
one-third of the agricultural runoff into the Loxahatchee National
Wildlife Refuge, has been completed.
Protecting Big Cypress National Preserve. Extensive federal, state,
and local land acquisitions in the area have been supplemented
by improvements in hydrology and wildlife habitat in conjunction
with conversion of Alligator Alley into an interstate highway
(I-75), completed in January 1993. Design improvements included
bridges, culverts, and wildlife underpasses.
Restoring Everglades National Park. The restoration of natural
waterflows to Everglades National Park involves increasing water
delivery to Taylor Slough, Shark River Slough, the C-111 basin,
Florida Bay, and the Ten Thousand Islands. Because much of the
parks water originally came from what is now the Big Cypress National
Preserve, increased flow between the Water Conservation Areas
and the preserve has also been important. Legislation in 1989
(amended in 1993) expanded the boundaries of the park to allow
for acquisition and flooding of adjacent lands to the east to
feed Shark River Slough and Taylor Slough with water. In addition,
actions have been taken to divert more water from the C-111 to
the park and Florida Bay.
Protecting the Florida panther. About 150,000 acres of panther
habitat have been acquired, including Florida Panther National
Wildlife Refuge. Nighttime speed limits have been lowered and
warning signs placed along I-75 and other roads. Hunting has been
curtailed in Big Cypress National Preserve to preserve the panthers
food supply. In addition, a captive breeding program and extensive
research and monitoring are underway. Mercury poisoning remains
a serious problem.
Present Situation
The principal federal agencies now engaged in ecosystem approach
and restoration activities in South Florida include the Corps,
Environmental Protection Agency (EPA), National Biological Service,
National Oceanic and Atmospheric Administration (NOAA), National
Park Service, Fish and Wildlife Service, and U.S. Geological Survey.
Principal state agencies include the Florida Department of Environmental
Protection and South Florida Water Management District (SFWMD).
The current boundaries of the SFWMD are commonly considered to
be the hydrological boundaries of the ecosystem.
In 1988, in the face of mounting evidence of damage to Everglades
National Park and the Loxahatchee National Wildlife Refuge from
agricultural pollution (specifically phosphorus), the federal
government sued the state of Florida for failing to enforce its
own water quality laws. The state, under the leadership of Governor
Lawton Chiles, settled the litigation in 1991 and agreed on a
plan aimed at removing 80 percent of the phosphorus flowing from
the Everglades Agricultural Area by improving agricultural practices
and by constructing filtration marshes called Stormwater Treatment
Areas. The settlement agreement also required expanded research
and monitoring, compliance by 2002 with all water quality standards
in water delivered to the park and refuge, adoption of strict
phosphorus limits for water in the park and refuge, and a new
water delivery schedule aimed at maintaining the flora and fauna
of the park and refuge. In 1992, the settlement was adopted by
the federal court as a consent decree, which was subsequently
tied up by 36 federal and state lawsuits, mostly brought by agricultural
interests.
In April 1993, government parties to the lawsuits agreed to a
proposal from agricultural challengers to stay litigation in order
to pursue mediated settlement negotiations. Negotiations spanned
the next 9 months, involving officials from the Corps, EPA, and
U.S. Departments of Agriculture, the Interior, and Justice. In
July 1993, the parties reached an agreement in principle to fund
a Mediated Technical Plan, which was developed with the participation
of federal and state agencies as well as the agricultural and
environmental communities. The basic agreement, known as the Statement
of Principles, involves a $465 million treatment system of Stormwater
Treatment Areas (about 35,000 acres of filtration marshes to cleanse
great volumes of water and to provide additional benefits for
the Everglades in terms of water quantity, distribution, and timing)
and onfarm best management practices.
Key features of the Statement of Principles were adopted in the
Everglades Forever Act passed by the Florida Legislature in April
1994. The Act gives the Water Conservation Areas the same kind
of protection afforded the park and refuge in the settlement agreement.
The state is required to pay approximately 42 percent of the cost
of the plan, farmers will pay 50 percent, and the federal government
will pay 8 percent. The state is to construct five Stormwater
Treatment Areas by 2003, and the Corps must build one by 2002.
Stormwater Treatment Areas are to be permitted and regulated by
the Florida Department of Environmental Protection, Corps, and
EPA. Agricultural discharge is to be regulated by the South Florida
Water Management District through permits that will impose best
management practices to reduce phosphorus loads. In addition,
the state is required to conduct an extensive research and monitoring
program to evaluate the ecological and hydrological needs of the
Everglades and to develop technology and best management practices
designed to improve water quality.
In 1992, the Corps was directed by Congress to begin the Central
and Southern Florida Comprehensive Review Study to determine whether
and how to best modify the Central and Southern Florida Project
in light of threats to the ecology and water supply of South Florida.
The reconnaissance phase of the review study, which identifies
problems and develops and evaluates alternatives, is fully funded
by the federal government and was completed in November 1994.
This will be followed by a series of 3-year feasibility studies,
which will require 50-percent funding from a local sponsor and
will develop the most promising alternatives and make recommendations
for congressional authorization.
In June 1993, the South Florida Ecosystem Restoration Task Force
was convened by the Department of the Interior. The Task Force
is composed of the six assistant secretaries who together are
responsible for the Corps, EPA, NOAA, National Park Service, Fish
and Wildlife Service, National Biological Service, U.S. Geological
Survey, Bureau of Indian Affairs, U.S. Department of Justice,
and USDA Natural Resources Conservation Service (formerly Soil
Conservation Service). Until now, Task Force membership has been
limited to federal agencies. The goal of the Task Force is to
ensure that the ecosystem restoration effort is conducted in as
organized and coordinated a manner as possible through consistent
policies, strategies, plans, and priorities for addressing environmental
concerns in the ecosystem. Specifically, the Task Force will:
(1) agree on federal objectives for ecosystem restoration to be
incorporated into the Corps reconnaissance study for redesign
of the Central and Southern Florida Project; (2) promote the establishment
of an ecosystem-based science program that utilizes the strengths
of public and private entities and includes research, inventory,
monitoring, and modeling; (3) support the development of
appropriate multispecies recovery plans for threatened and endangered
species and candidate species; and (4) encourage expedited
implementation of projects, programs, and activities included
in coordinated restoration plans.
The Task Force created a Working Group, which established three
subgroups (for science, infrastructure, and management and coordination)
to tackle the development of a comprehensive restoration plan
within 12 months. In November 1993, the science subgroup prepared
a draft report on alternatives for South Florida ecosystem restoration
as a contribution to the Central and Southern Florida Project
workshops held in December. In March 1994, Governor Chiles established
the Commission for a Sustainable South Florida. It was charged
with working to "improve coordination among and within the
private and public sectors regarding activities impacting the
Everglades ecosystem, examine the effects of continued development
and agriculture on the natural resources within the Everglades
ecosystem, recommend actions for the restoration, management,
preservation, and protection of these resources, recommend strategies
for ensuring that the South Florida economy is based on sustainable
economic activities that can coexist with a healthy Everglades
ecosystem, and assist in promoting and monitoring the implementation
of its recommendations." The Commission is made up of 35
representatives from state and local government as well as business
and public-interest groups, along with 4 nonvoting representatives
from the federal government. A final report and recommendations
are due to the Governor by July 1, 1995. Several members
of the federal Working Group were appointed to the Commission,
providing a potential link between the Task Force and nonfederal
entities.
In the meantime, South Floridas rapid population growth is likely
to continue, placing strains on the natural environment. By the
year 2000, according to current predictions, Florida will have
the third largest population in the country, with the vast majority
of it residing in South Florida.
BUDGET ISSUES
Although federal agencies are taking tentative steps toward joint
project planning in South Florida, projects are still funded separately.
Many interviewees saw this lack of budget coordination as a major
impediment to ecosystem restoration, and they offered suggestions
on how to surmount this and other budgetary barriers to the ecosystem
approach.
Current Budget Management
Federal agencies in South Florida have traditionally planned and
executed their budgets independently: each agency funded separate
ecosystem-related projects. None of the projects shown in table
1, for example, are funded by more than one agency (although the
Corps uses Department of the Interior funding to implement the
East Everglades Modified Water Delivery Project). However, the
Corps and National Park Service have been working together on
the design of some of the projects shown, and the Fish and Wildlife
Service has received Corps funds for Coordination Act reports.
Moreover, the National Park Service and Fish and Wildlife Service
have coordinated closely in planning to address water quality
issues. In addition, the new federal South Florida Ecosystem Restoration
Task Force is beginning to discuss interagency funding priorities
on an ecosystemwide basis, in hopes of moving from budget "crosscuts"
and accounting exercises to truly integrated budgeting.
Table 1.-South Florida projects (millions of dollars)
Federal Project Interior Dept. Corps of Engineers
OtherState/SFWMD County Private Total Kissimmee River Restoration-208-208--416Modified
Water Delivery107-----107(East Everglades)Southern Glades Management
Area---7--7C-111 General Reevaluation Report1359-50--122Everglades
Forever Act (Stormwater--87381-232700Treatment Areas)U.S. Highway
1 Expansion--61100--161Big Cypress Land Acquisition55--28--83East
Everglades Land Acquisition46--32--78Model Lands Acquisition---3030
60Total221267148836302321,734Percentage1315948213100
*****
Of note is the high level of state involvement in all projects
shown in table 1: state funding accounts for $836 million,
or 48 percent of the total. State funds for the Everglades
Construction Project outlined in the Everglades Forever Act will
be largely drawn from taxes on agricultural operations in the
Everglades Agricultural Area. Such taxes are designed to generate
an annual minimum net of $11,625,000, for a total contribution
over a 20-year period of $233 to $322 million. The Everglades
Forever Act also provides Everglades Agriculture Area-wide and
individual incentive credits for onsite phosphorus reductions.
Budget-Related Barriers to the Ecosystem Approach
Of the many budget-related barriers to the ecosystem approach
cited by interviewees, lack of interagency cooperation in budget
planning was most often mentioned. This deficiency was seen as
an impediment to an integrated plan to implement the ecosystem
approach that would allocate funds based on the priority needs
of the ecosystem. Related to this is another perceived barrier,
the fact that no federal agency has been assigned to coordinate
the ecosystem approach for the region. Ideally, such an agency
would plan cross-jurisdictional landscape activities, request
funds for such activities, and ensure that all necessary components
of a coherent, comprehensive ecosystem restoration program are
funded adequately and in appropriate sequence.
Not shown in table 1 are the different congressional committee
jurisdictions that address agency programs. The agencies now beginning
to work together in a more concerted way in South Florida receive
their authorizations and appropriations from several different
committees. Lack of communication between these committees was
cited as a barrier to the ecosystem approach.
Lengthy discussion with the Corps revealed a number of budget-related
barriers to the ecosystem approach. Agency personnel ceilings
were said to limit the ability of the Corps and National Park
Service to implement projects using adaptive management, which
requires changes in project implementation based on new information.
Due to low personnel ceilings, much Corps work is contracted out,
and federal contracting guidelines make it difficult to contract
for work such that tasks can be reoriented based on new information.
Reorienting contracted work can require lengthy administrative
procedures, making it difficult to quickly shift the direction
of project implementation. Additional problems associated with
contract work include increased difficulty in coordinating project
activities (it is easier to coordinate in-house activities than
contracted work), and the heavy staff workload required to manage
contracted projects (staff time is used more efficiently when
work is carried out in-house.)
The Corps also pointed to barriers associated with Water Resources
Council Principles and Guidelines, an important tool for evaluating
potential project options. Because the Principles and Guidelines
heavily emphasize the National Economic Development Account, the
screening criteria for project options are largely based on potential
economic benefits. According to some, insufficient emphasis is
placed on environmental and social benefits that are difficult
or impossible to quantify in economic terms. Noting the current
federal funding emphasis on public works, some state officials
and environmental organizations suggested that the federal government
deemphasize infrastructure development and take instead a more
broad-based approach, including a wider range of options aimed
at achieving ecosystem sustainability.
Moreover, many interviewees, including both scientists and managers,
indicated that funding for research, inventories, and monitoring
is inadequate. A major research-related problem indicated by federal
agencies, especially land managers, is limited funding for environmental
trend analyses. Instead, funding tends to go toward solving critical
problems that could have been avoided if trend analyses had been
conducted. But others discounted the claim that more money is
needed for research, arguing that more effective (i.e., integrated
and interdisciplinary) research could make better use of the money
already being spent on research in South Florida.
Citing the exotic plants that are disrupting the Everglades ecosystem,
managers called for more funding for research on exotic species
and techniques for their control. Funding for ecosystem modeling,
a critical component of the ecosystem approach, was also called
inadequate.
National Park Service staff highlighted a significant barrier
to the funding of long-term research, an essential component of
the ecosystem approach: funds for research cannot be carried over
from one year to the next. Because research funding is part of
the park operations budget-an annual appropriation-any funds not
spent must be returned at the end of the fiscal year.
A final budget-related barrier to the ecosystem approach noted
by interviewees from various sectors involves the general difficulty
of securing funds for large-scale restoration efforts. Costs of
restoration are high, potential impacts on economic development
are significant, and results are often delayed. Moreover, no approach
to large-scale ecosystem restoration is generally accepted as
correct.
Interviewee Suggestions
Interviewees from many sectors suggested that a federal budget
be prepared for the entire South Florida ecosystem. A joint budget
should reflect funding priorities established jointly by all federal
agencies, and/or it should indicate how each agencys budget requests
relate to federal management objectives for the entire ecosystem.
Interviewees also suggested that assistant secretaries from each
agency involved in the ecosystem show their support for the entire
South Florida budget package by meeting with the four congressional
appropriations subcommittees responsible for funding their agencies.
Some suggested that all federal restoration projects require local
cost-sharing and use local fiscal commitment as a priority-ranking
criterion. However, such a measure might have an adverse impact
on low-income areas. It was also suggested that the Water Resources
Council Principles and Guidelines be revised to better account
for environmental quality and other social effects, and to deemphasize
the National Economic Development Account. Establishment of an
entrepreneurial fund for integrated interagency activities was
recommended, with funds earmarked for such underfunded activities
as research, planning, and restoration. A competitive process
could be used and extra credit given for involvement in ecosystem
restoration initiatives by state and local government. Finally,
federal agencies were urged to make full use of adaptive management
techniques to determine if management solutions will work on a
small scale before major public investments are made to implement
large-scale management practices.
INSTITUTIONAL ISSUES
Interviewees named a number of institutional obstacles to ecosystem
restoration in South Florida. Doubts were expressed about federal
leadership and vision in ecosystem management, communication between
and within federal agencies, timeliness of project review and
approval, and intergovernmental coordination during project planning
and implementation.
Leadership and Shared Vision
Many of those interviewed observed that no one federal agency
has jurisdiction over an entire ecosystem or a broad mission of
implementing the ecosystem approach. The agencies that do have
(broadly interpreted) missions in accordance with the ecosystem
approach may not have the funding required or the socioeconomic
perspective needed to provide leadership on an ecosystem basis.
Despite the large number of individual projects and major monetary
investments in South Florida, there has been no overarching vision,
process, or institutional leadership for management on an ecosystem
scale.
Many interviewees called for a shared vision for the ecosystem
in order to begin planning how to reach the desired state and
what different participants in the ecosystem can do to move toward
the goal. Interviewees stressed the importance of acknowledging
the cost of restoration, and that the vision should include a
shared sense of where funding will come from. It was suggested
that a lead agency be named to facilitate organization and to
dispense discretionary funding for travel, mailings, support staff,
publications, and other logistics required for interagency efforts.
Different agencies have different missions and different definitions
and perspectives on the ecosystem approach. Some interviewees
pointed to the need for a shared understanding of the principles
of the ecosystem approach, as well as a shared set of goals for
the ecosystem. Although the federal South Florida Ecosystem Restoration
Task Force, the Corps Central and Southern Florida Comprehensive
Review Study, and the Governors Commission for a Sustainable South
Florida all represent efforts to develop a broader vision, it
is not clear that any one of them provides a total solution to
the problem.
Communication
Communication within and between organizations was the subject
of much discussion. Interviewees pointed out that monthly or even
weekly meetings between agency staffs did not adequately afford
the kind of joint planning and decision making necessary for the
ecosystem approach. Interagency personnel exchanges were praised
for bringing together people of different backgrounds and producing
effective full-time interagency teams to address multidisciplinary
problems. For example, the Corps has made 1-year transfer appointments
from other agencies to form interagency teams as part of its Central
and Southern Florida Comprehensive Review Study. Sharing expertise
and agency perspectives opens communication and moves the planning
process beyond the traditional monthly meetings and coordination
letters. More full-time interagency personnel exchanges were called
for to overcome lack of communication between agencies during
planning processes.
Some observed that there is a need for common language and clear
definitions within and between agencies. Key terms such as "ecosystem
management" and "sustainable development," and
terms used in agency planning and study documents, must all be
plainly understood. Differences in usage may result in miscommunication
and unanticipated products: for example, differences in how groups
define the word "objectives" may have led the science
subgroup of the South Florida Ecosystem Restoration Task Force
to present a broader set of restoration alternatives in its November
1993 report than the Corps and others had expected.
The need was expressed for clear leadership and support for the
ecosystem approach at every level, from the Department to the
field. Unless field staff know what assistant secretaries consider
important, they will not make interagency coordination a priority.
It was mentioned, for example, that the USDA Natural Resources
Conservation Service did not actively participate in the science
subgroup, in part because USDA leadership did not show the interest
necessary to inspire agency researchers and others to become more
actively involved. This may reflect internal barriers to communication:
departmental leadership may assume that field staff are actively
engaged in a project, whereas regional leadership may not be conveying
the appropriate signals to staff. The problem may lie partly within
agencies themselves: inadequate definition of priorities, poor
intra-agency communication of them, and a general lack of leadership
on issues pertaining to the ecosystem approach.
Interviewees recommended use of new technologies, such as electronic
mail and the Internet, to facilitate communication.
Agency Review Processes
Interviewees expressed concerns regarding Corps project approval,
concerns that may pertain to other agencies as well. Some were
also disturbed by the slow pace of reviewing documents for publication.
Corps project approval process. The main concern was the time
it takes to complete the process of selecting and approving a
project for the Corps. After lengthy review by the Corps, project
proposals must go before Congress, and any new information can
mean that the entire process must start over. The need for congressional
approval, it was noted, may limit the flexibility of a project:
the approval process may take so long that the project is no longer
as pertinent to local conditions once finally approved. Interviewees
maintained that changes made in 1986 to the Corps review process
had succeeded in reforming and streamlining the process to make
it more timely, efficient, and responsive to needs. Now that the
Corps can continue with general project planning and evaluation
while waiting for congressional and other reviews, time to project
completion has dropped from an average of 26 years to as little
as 7 years or less.
Coordination and review of Corps projects involve numerous evaluations
and consultations on project benefits, costs, and impacts. Much
of the evaluation process follows Water Resources Council Principles
and Guidelines to selecting a project option. Some expressed concern
that the Principles and Guidelines may require the plan to optimize
economic benefits, thereby limiting the kind of plan that can
be chosen. It was pointed out that basing project selection on
assessments of economic benefits and costs may fail to take into
account the value of noncommercial natural resources. Questions
were raised about differences between using criteria from the
Principles and Guidelines to select projects and using National
Environmental Policy Act (NEPA) criteria or other evaluations
of costs, benefits, impacts, and alternatives. Interviewees emphasized
the need to foster an ethic among project designers and planners
of evaluating environmental costs and benefits and selecting projects
that produce a net environmental gain.
Communication between agencies is especially critical early in
the project evaluation process. By distributing scoping letters
as well as pre-environmental impact statement and draft-environmental
impact statement information to interested parties early in the
NEPA process, agencies can initiate and facilitate dialogue and
coordinate diverse interests. Early discussions and material review
often make later evaluations of NEPA alternatives much easier.
Authorship and publications review. For documents that list agency
researchers as authors, many agencies require an internal review
prior to publication, and this review can be very time-consuming,
according to interviewees. A slow review process may hinder planning
efforts, delay dissemination of information, and decrease the
willingness or feasibility of collaborative research and publication
among agency researchers. Faced with publication delays, researchers
may be less willing to participate in cooperative interagency
projects that may provide more efficient approaches to common
research problems. The U.S. Geological Survey was named as an
agency with an especially long and complex review process for
reports. It was noted that some researchers elect to be listed
as collaborators rather than as authors on reports in order to
avoid triggering the usual review process, despite the fact that
authorship of publications is commonly used to evaluate researcher
productivity. In addition to its timeliness, the substance of
the review process may pose a problem: one interviewee called
for a special review procedure for work that might disagree with
or contradict existing management.
Intergovernmental Coordination
Interviewees observed that formation of the federal South Florida
Ecosystem Restoration Task Force was a positive step toward interagency
coordination. But the Task Force does not include nonfederal governmental
parties; despite good relations between federal and county agencies
at the staff level, some interviewees noted, local governments
have been largely left out of the ecosystem restoration planning
process.
Some interviewees felt that the Task Force should include a broader
spectrum of federal agencies. Particularly needed, they agreed,
are representatives from agencies that deal with socioeconomic
factors such as development and education. Most notably absent
is the U.S. Department of Transportation.
Several interviewees observed a need for greater interdisciplinary
communication and exchange of ideas for a more efficient and effective
ecosystem approach. Interviewees noted that more ecologists need
to be involved in management efforts, and that ecological work
should be better integrated with the work of engineers.
LEGAL ISSUES
Applicable legal authorities both impede and facilitate the ecosystem
approach. Two major federal statutes or programs, the Federal
Advisory Committee Act and the Corps Civil Works project authorities,
were widely cited as impediments to the ecosystem approach. Two
other major authorities, the Endangered Species Act and the Corps
regulatory program pursuant to section 404 of the Clean Water
Act, present certain constraints, but in other ways facilitate
the ecosystem approach. In addition, several other authorities
present impediments, opportunities, or both.
Federal Advisory Committee Act
The Federal Advisory Committee Act (FACA), 5 U.S.C. App.
2, places restrictions on the ability of federal agencies to solicit
and receive collective advice from nonfederal parties. For example,
FACA stipulates that an advisory committee must be organized under
a charter, balance its membership, post notification of its meetings
in the Federal Register, hold open meetings, take minutes of meetings,
and (upon request) provide transcripts of meetings.
The South Florida Ecosystem Restoration Task Force convened by
the Department of the Interior has no nonfederal members; and,
to date, it has had no ongoing, systematic contact or discussions
with nonfederal governmental parties with responsibilities affecting
ecosystems. This lack of contact is largely due to FACA: any nonfederal
committee established to advise federal decision makers must comply
with FACA, and if nonfederal persons were part of the Task Force,
FACA would apply to the Task Force itself. If the Task Force were
not required to comply with the FACAs requirements, it would institute
contacts with nonfederal parties, particularly state agencies
and other government entities. But if the Task Force were to institute
such contacts, it would either be hindered by FACAs restrictive
and time-consuming requirements or be constrained to act in such
a way that FACA is not implicated.
Although the concept of a federal Task Force was generally praised
by those interviewed, the comment was frequently made (particularly
by state officials) that lack of regular consultation with relevant
state parties has limited the Task Forces effectiveness. The federal
government cannot achieve its goals without integrating its activities
with other key governmental players in the ecosystem. Coordination
is also critical to information sharing and joint scientific research.
Some people suggested that the lack of regular, formalized communication
between federal and nonfederal governmental parties was one of
the biggest barriers to efficient restoration and management of
the South Florida ecosystem.
One creative step toward resolving this dilemma in South Florida
is the evolving informal connection between the Governors Commission
for a Sustainable South Florida and the Working Group of the Task
Force. Some of the federal agencies represented on the Task Force
are also on the Governors Commission, and recent meetings of the
two groups were scheduled on consecutive days in the same location
to facilitate informal interaction within the constraints of the
law.
Federal interviewees indicated that an amendment to FACA allowing
federal agencies to consult with state, local, and tribal officials
without having to go through the FACA chartering process would
make the task of implementing the ecosystem approach much easier.
Army Corps of Engineers Civil Works Programs
Federal regulations and environmental laws require the Corps to
employ a lengthy and complex process whenever it considers a water
resources development project. The Corps must complete a two-phase
study that routinely takes up to 5 years and requires congressional
approval of each phase. Significant changes in a project require
the Corps to return to Congress for new authorization. Projects
proceed through several sequential phases of planning, design,
construction and operation, and they must meet the requirements
of the Water Resources Council Principles and Guidelines, National
Environmental Policy Act, Endangered Species Act, Fish and Wildlife
Coordination Act, and other statutes. In addition, projects depend
on cost-sharing partnerships between the Corps and local sponsors
that must be formalized in a binding legal document negotiated
by the parties and reviewed for legal adequacy by the Office of
the Army General Counsel.
The Corps civil works process was criticized by some as detrimental
to structural aspects of an ecosystem approach because it is so
rigid and time-consuming. In addition, the Water Resources Council
Principles and Guidelines, which allow projects to proceed only
if economic benefits outweigh costs, make it difficult to assess
environmental benefits, which are hard to quantify. The Corps
is currently undergoing major agencywide restructuring to improve
efficiency and timeliness in developing regulations to assist
in identifying and recommending projects with strong environmental
benefits.
Endangered Species Act
The federal Endangered Species Act (ESA), 16 U.S.C. §§ 1531
et seq., requires, among other things, that federal agencies take
measures to protect both species and the habitat of species that
are listed as threatened or endangered under the Act. Because
it is the listing of a single species that triggers the principal
ESA obligations, the implementation of the Act has traditionally
focused on protecting single species rather than ecosystems. However,
the Act does allow for an ecosystem approach and, in some respects,
has been the primary means of moving toward ecosystem protection.
For example, the Act requires federal agencies to assess their
actions in order to prevent adverse effects to listed species
and their critical habitats. A logical furtherance of the ESA
is to ensure that agencies act to prevent future listings so as
to obviate the need to assist later in the delisting. At the same
time, the habitat of some wide-ranging listed species (such as
the northern spotted owl) is so widespread that protection of
the single species results in the protection of hundreds of other
species that are also dependent on the same habitat.
In South Florida, it is sometimes difficult to protect a single
species and also restore an ecosystem. For example, the snail
kite (a listed species) now lives in altered habitat. In order
to restore the ecosystem, that habitat should be restored to a
more natural, drier state. While that action will be beneficial
for most species, it may not be best for the snail kite, which
is entitled to special protection under the Act. Similarly, during
the section 7 consultation process (in which federal agencies
consult with the Fish and Wildlife Service on the effects of proposed
agency activities on listed species), analysis is often focused
on the activitys effects on a single listed species without regard
to the overall effects on the ecosystem. For example, removal
of a certain causeway that hinders the natural flow of water might
pose a threat to manatees and American crocodiles because it could
expose them to jetskiing and other human activities.
One of the goals of the federal South Florida Ecosystem Restoration
Task Force is to support the development of multispecies recovery
plans. A change in focus will be encouraged by the Administrations
recently issued "Policy for an Ecosystem Approach to Implementation
of the Endangered Species Act." The Policy recognizes that
"most species will be conserved best not by a species-by-species
approach but by an ecosystem conservation strategy that transcends
individual species," and directs the Fish and Wildlife Service
and the National Marine Fisheries Service to implement an ecosystem
approach by, among other things, making group listing decisions
where possible, developing partnerships with other governmental
and private agencies, and developing recovery plans for whole
communities or ecosystems. Nevertheless, difficult choices must
still be made.
Clean Water Act
The Clean Water Act, 33 U.S.C. § 1344, may constrain some
ecosystem restoration efforts in South Florida while promoting
others through a variety of regulatory provisions.
Section 404 permitting. Section 301 of the Clean Water Act requires
a permit issued under section 404 of the Act for the discharge
of dredged or filled material into waters of the United States.
The 404 regulatory program, jointly administered by the Corps
and EPA, is important to South Florida, where a high percentage
of the land is wetland that falls under the legal definition of
"waters of the United States."
The Corps and EPA have used their 404 authority to develop watershed-based
programs that facilitate the ecosystem approach. Both agencies
encourage "mitigation banking"-the creation, restoration,
or enhancement of wetlands to compensate for unavoidable wetland
losses due to planned development. Units of restored or created
wetland count as "credits" that can offset "debits"
incurred at development sites. Recently, federal agencies collaborated
in publishing national mitigation banking guidance.
In a related program, the Corps encourages offsite mitigation
projects in compensation for section 404 violations. Such projects
create or improve wetlands in the same watershed as the area affected
by the violation, and often they are required in consent decrees
between the government and defendants in section 404 cases. Similarly,
the Corps works with section 404 permittees or violators to offset
negative impacts to wetlands by conveying perpetual conservation
easements on important parcels of land to water management districts
or conservation organizations.
Finally, the Corps and EPA have instituted the Advanced Identification
of Disposal Sites (ADID) Program, which fosters advance planning
for entire watersheds, focusing on those where there is significant
development pressure. Areas are designated as suitable and unsuitable
for dredge and fill activities, and prioritized within a watershed
for wetland purposes. This program helps property owners and prospective
buyers determine the likelihood of receiving wetland permits in
specific areas. The Corps and EPA work closely together in both
permitting and enforcement.
Some of those interviewed stated that the ADID Program is currently
of limited value for several reasons: it is cumbersome; it does
not take into account such factors as the socioeconomic impact
of wetland determinations; it does not allow for stays of permit
applications while comprehensive analyses are underway; and it
requires more resources than the Corps and EPA are able to devote.
Although a full-blown ADID does take a considerable amount of
time to complete, EPA has been discussing means to expedite the
process by using more existing data, or, in some cases, by reducing
its scale. With respect to staying permits pending ADID analysis,
depending on the facts of the case, a party may raise a temporary
takings claim.
The Corps is trying to follow the model of The Nature Conservancys
watershed approach to the Reedy Creek/Lake Marion Creek area (which
lies outside the South Florida ecosystem). The Nature Conservancy
has developed what the Corps considers a highly successful comprehensive
"watershed conservation plan." The plan includes an
assessment of the watershed and strategies for growth management,
species habitat protection, and management of water quality, quantity,
and flow.
The Corps identified an impediment to the ecosystem approach relating
to lawsuits against violators of section 404. The civil penalty
collected cannot be used for environmental purposes in the area
of the violation, but must instead be deposited in the federal
Treasury. Specifically, under applicable law, civil penalties
ordered by the court must go to the Treasury, and the U.S. Department
of Justice applies EPAs "supplemental environmental project"
policy to require that all settlements contain some penalty payable
to the Treasury. The Department of Justice also has other statutory
constraints limiting its flexibility with respect to assessed
penalties.
Delegation of 404 programs. There is some debate in South Florida
over whether 404 regulatory authority should be turned over to
state or local agencies. Although the Corps and EPA are currently
responsible for operating the 404 program in Florida, the state
is working with them under a limited State Programmatic General
Permit (SPGP) under section 404, allowing it to issue permits
for certain classes of activities on wetlands in four counties
in northeastern Florida. This pilot permitting program may lead
to other types of SPGPs in the future. However, no SPGP is pending
for fills of any size.
In order to assume the entire 404 regulatory authority, the state
must develop a program that covers all of its territory and is
at least as stringent as the federal program. But the state encountered
a problem when the Florida legislature passed its own version
of a delineation manual that left out certain types of federally
regulated wetlands, rendering the states program less stringent.
The state may be able to subdelegate its general permit responsibilities
to counties or water management districts. But enforcement authority
is not typically subdelegated; and, according to EPA, the intention
to subdelegate enforcement authority would have to be a condition
of the State Programmatic General Permit (which has never been
the case before) in order for it to occur. According to interviewees,
delegating 404 authority to state and local officials would
have advantages as well as disadvantages. Fewer permitting levels
would mean more consistency, more efficiency, and less burden
on the permit applicant. However, the federal government has a
better grasp of the "big picture," is able to do more
comprehensive planning, and is less subject to local political
pressures. Although we were told by county commissioners that
local requirements tend to be more stringent than state and federal
requirements, environmental groups contradicted these claims,
asserting that local requirements tend to be less stringent and
more influenced by the orientation of some county managers in
favor of development. For purposes of the ecosystem approach,
the number of permitting layers required may be less critical
than the amount of coordination there is between different layers
of government. Currently, the Corps and the state use a joint
wetlands permit application to simplify the process.
NPDES permitting of Stormwater Treatment Areas. The Clean Water
Act requires a National Pollution Discharge Elimination System
(NPDES) permit for all "point sources" defined by the
Act (33 U.S.C. §§ 1311, 1342, 1344, and 1362). EPA is
the federal agency vested with authority to issue permits, except
where it has approved a state permit program.
Although EPA provided technical expertise in support of the Everglades
litigation, and although the agency attended earlier settlement
meetings, its role remained marginal. During the technical mediation
settlement discussions, the U.S. Attorneys office was asked by
one of the parties to inquire of EPA whether Stormwater Treatment
Areas needed NPDES permits. Based on the facts presented, EPA
determined that there would be point source discharges of pollutants
into waters of the United States, and that therefore permits were
required. Although Stormwater Treatment Areas are designed to
purify the water flowing through them, EPA was and is concerned
that water discharged from them could fail to meet water quality
standards. There are two primary concerns: that residual pesticides
from the days when Stormwater Treatment Areas were in agricultural
use could leach into the water, and that biological and chemical
changes could occur in the Areas, resulting in increased concentrations
of some chemicals.
EPA issued a permit (effective June 15, 1994) for the Everglades
Nutrient Removal Project, but the permit has been stayed pending
requests for an evidentiary hearing filed by several parties,
including Friends of the Everglades, the Miccosukee Tribe, and
the Sugar Growers Cooperative. For the most part, permit requirements
involve monitoring rather than numerical standards.
The determination by EPA that an NPDES permit would be required
for the Everglades Nutrient Removal Project troubled some of the
parties involved in mediation, particularly the state and water
management district. Some found it disturbing that facilities
created to treat agricultural discharges should be subject to
NPDES permit requirements under the Clean Water Act from which
the discharges themselves were specifically exempted by the Act.
In the states view, this anomaly created a substantial disincentive
for agencies interested in cleaning up water sources. Moreover,
there was concern that the permitting process would cause the
mediated plan to fail. EPA has worked hard to make the permitting
process as smooth as possible, but certain problems persist. The
Agency has stayed operation of the permit pending review of the
challenges, and without an effective permit, even emergency discharges
are not allowed. In the states view, disallowing these discharges
could affect the usefulness of the experimental Everglades Nutrient
Removal Project. In the meantime, the South Florida Water Management
District, with the support of EPA, filed a pending motion to receive
interim authorization for discharges while evidentiary hearings
are underway. On August 8, 1994, permission was granted, and the
Everglades Nutrient Removal Project began discharging within 1 month
of its originally anticipated discharge date-that is, without
significant delay.
Role of state water quality standards. Because the Clean Water
Act exempts agriculture from its usual discharge prohibitions,
the federal government has looked to state law to address water
quality standards in South Florida. In 1988, it brought suit against
state agencies for failing to comply with state laws requiring
delivery of unpolluted water to the Everglades. The procedures
and provisions of Florida water law thus became central to resolution
of the ensuing litigation and to ecological restoration in South
Florida generally. Under the consent decree agreed to by federal
and state governments, the state was required to adopt a Surface
Water Improvement and Management plan to address water quality
problems caused by agricultural practices. But adoption of the
plan involved a lengthy public process, and the plan was challenged
in 36 separate lawsuits, primarily by the sugar industry. The
resulting delay in the plan threatened to continue for years;
had passage of the Everglades Forever Act not ended the dispute,
the plan would still be in litigation today, at enormous cost
to ecosystem restoration. Had it been possible, direct action
under federal law against the polluters would have led to quicker
relief, providing fewer opportunities for collateral challenge.
Federal Programs That Abet Environmentally Unsound Practices
Representatives of the Florida Department of Environmental Protection
noted that federal programs (such as agricultural support programs
and flood insurance) encourage practices by private landowners
that may be detrimental to ecosystem management because they can
be environmentally unsound.
Agricultural support programs. Sugar producers in South Florida
benefit from such USDA programs as price supports and import quotas,
which artificially assure the profitability of sugar. According
to some interviewees, such programs encourage agricultural practices
that may put pressure on natural resources. For example, low-interest
loans offered by the Farmers Home Administration and crop insurance
provided by the Federal Crop Insurance Corporation encourage agricultural
conversion of flood-prone wetlands that might otherwise not be
profitable.
Flood insurance. The National Flood Insurance Act, 42 U.S.C.
§§ 4000 et seq., provides federal flood insurance to
private homeowners and other landowners who develop in floodplains,
on coastlines, and in other areas where eventual damage to both
buildings and the environment is likely. According to the Florida
Department of Environmental Protection, the vast majority of people
living on Floridas coasts would not be there were it not for federal
flood insurance. Such programs contribute to the urban development
that has been blamed for many environmental problems, including
erosion and loss of endangered species habitat.
Agency mandates. Congress has never declared that a particular
federal agency has the ecosystem approach as its sole, or even
primary, mission. Each agency has specific mandates governing
the lands it manages and the environmental media (such as air
and water) or development projects it regulates. Although statutes
such as the National Environmental Policy Act and Endangered Species
Act require coordination among agencies, no agency has a mission
of integrating its activities with those of another agency for
the sake of more effective long-term land, resource, and socioeconomic
planning.
Consequently, agencies rarely apply for congressional funding
to promote the ecosystem approach as such; instead, funding is
sought for discrete agency functions that may or may not encourage
the ecosystem approach. Moreover, no one federal agency is charged
with promoting the concept of the ecosystem approach to Congress.
Some view this as an impediment to adequate funding of ecosystem
projects. Others believe that the problem can be resolved through
interagency coordination and forceful agency leadership that embraces
the ecosystem approach.
National Environmental Policy Act
The National Environmental Policy Act (NEPA), 42 U.S.C. §§
4321 et seq., requires agencies to consider the environmental
consequences of "major federal actions significantly affecting
the human environment." Specifically, the Act requires agencies
to prepare an environmental document which could include an environmental
impact statement (EIS), a Finding of No Significant Impact, or
an environmental assessment (EA) before proceeding with implementation
of any major federal action that will significantly affect the
human environment. In addition to requiring the development and
consideration of alternatives and consequences, the NEPA process
serves as a means of informing the public about agency decisions
and facilitates public input into the decision-making process.
All federal agencies must comply with NEPA at many phases of design,
planning, and construction.
NEPA was viewed as both useful for the ecosystem approach and
an impediment to it. It is useful because it forces agencies to
consider all of the environmental impacts of their actions, and
to refrain from moving too quickly, before consequences are sufficiently
analyzed.
However, it was felt that NEPA may make adaptive management difficult.
As an agency increasingly employs an adaptive management approach,
its approach is to plan in incremental steps and to undertake
several short-term projects, rather than to plan a comprehensive
long-term project and follow through with it without modification.
As a result, NEPA analysis has to be done at each step of the
process, because each step represents a new federal action. The
time required to prepare an EIS (including substantial public
comment periods and analysis of alternatives) is often almost
as long as the project itself. Moreover, because the NEPA analysis
is done piecemeal, it is difficult to determine cumulative effects
over time and the long-term costs of a comprehensive effort. However,
it was noted that NEPAs flexibility depends on how it is implemented.
There are means, such as programmatic EISs, generic EISs, subject-specific
EAs, or supplemental EAs, that can help move a process along.
For example, the Corps is currently making experimental water
deliveries to Everglades National Park. Each experimental test
lasts 2 years, after which data are evaluated and the next
test is designed. The NEPA is an impediment here, because the
EIS process itself can take almost 2 years, and a separate
environmental impact statement must be prepared in connection
with each test. The process has also resulted in criticism of
the Corps for not considering the cumulative effects of the tests.
Another example involves construction of the C-111 canal. The
recently completed EIS lists several options for future structural
modifications. Each time one or more options are chosen, the Corps
will have to engage in NEPA analysis. If the complete project
were decided upon at the outset, NEPA analysis would have only
been required once, but the ability to adjust to new information
would be limited.
Another requirement NEPA imposes is coordination among federal
agencies, where, as part of an ecosystem approach, several major
actions are undertaken by different agencies or different parts
of one agency. This issue has arisen as a result of the Everglades
Forever Act, which mandates several actions that may require NEPA
analysis, namely: construction of the C-51 flood control project;
Clean Water Act section 404 permitting associated with dredging
and filling in the Everglades Agricultural Area, Water Conservation
Areas, and some canal structures; and modification of the federal
water management system. In addition, EPA will need to issue National
Pollution Discharge Elimination System (NPDES) permits for the
Stormwater Treatment Areas, which could be accompanied by NEPA
analysis, although this is not mandatory in this case and the
state may by then have been delegated NPDES permitting authority.
One suggested approach would be to prepare one NEPA document for
all of these projects, but under current Corps practice, a different
Corps official would sign the Record of Decision (ROD) for each
project. For example, the ROD for the C-51 flood control project
would have to be signed by the Secretary of the Army. If the Secretary
were to sign the RODs for all Corps projects, the 404 permitting
actions could be unnecessarily delayed (normally the District
Engineer would sign the ROD for the permitting action). Separate
EISs and RODs for each project would consume significantly more
agency resources than a joint NEPA document because of extensive
public involvement that NEPA would require for each document.
However, EPA suggested the possibility of combining NEPA analysis
for separate kinds of projects, such as the Storm Treatment Areas.
Internal Revenue Code
In 1992, the Corps received direction from Congress to do a reconnaissance
study of the Central and Southern Florida Project. The project
will take 18 months, and the Corps is drawing employees from other
federal agencies on temporary duty assignments to address specific
issues. For example, in order to ensure that wildlife concerns
are raised or addressed at all phases, the Corps has appointed
a specialist from the Fish and Wildlife Service to work on the
project full-time, an approach the Corps hopes to continue in
the future.
However, the process has been made more difficult by recent amendments
to the Internal Revenue Code (26 U.S.C. § 162 (a); Revenue
ruling 93-86). The code now holds that any term of employment
away from the employees home in excess of 1 year is permanent
rather than temporary. Reimbursement for expenses (such as per
diem payments) are considered taxable income for which the employee
is liable, and expenses incurred during employment are nondeductible.
Because of this new rule, the Corps was recently forced to cut
short an 18-month temporary duty assignment on a Florida reconnaissance
study: two employees from Washington, DC, hired for their expertise
in public involvement and restoration issues (and their ability
to provide a broader perspective), had to leave Jacksonville,
Florida, after 12 months (before study completion) in order to
avoid tax liability for reimbursement of per diem expenses. Agencies
engaged in the ecosystem approach are increasingly willing to
"cross-breed" employees for interagency assignments,
but the Internal Revenue Service rule places considerable constraints
on this practice, limiting it to local employee exchanges for
assignments that exceed 12 months.
Florida Keys National Marine Sanctuary and Protection Act
The Florida Keys National Marine Sanctuary, which includes all
of the Florida Keys, was designated by Congress on November 16,
1990. Funded and managed primarily by the NOAA, with major assistance
from EPA and considerable management input from the state, the
Sanctuary has been cited as a model of the ecosystem approach
for including a wide array of interests in planning and decision
making. From the beginning, a partnership of federal, state, and
local agencies was created for planning and management, and representatives
of local interests (citizens, scientists, environmentalists, and
business leaders) have been invited to participate. For example,
a Citizens Advisory Committee reviews major documents produced
by government agencies, including NOAAs Comprehensive Management
Plan and the Water Quality Protection Program developed by EPA
and the state.
PUBLIC PARTICIPATION
Efforts to involve the public in South Florida ecosystem restoration
include environmental education programs and activities designed
to obtain public input into the decision-making process. Despite
a wide array of federal, state, and local educational programs
and initiatives, many South Florida residents-especially those
in urban areas-remain uninvolved, according to interviewees. Because
public support is critical to the success of efforts to restore
the Everglades, federal agencies face the challenge of raising
public awareness of how restoration will affect local residents
and what they can do to influence the process.
Programs Underway
Efforts are underway at the federal, state, and local levels to
include the public in a variety of activities related to environmental
education and ecosystem restoration.
Federal level. At the federal level, the Corps, the NOAA and EPA
(through NOAAs National Marine Sanctuaries Program), and the National
Park Service all have programs to educate the public on the Everglades
ecosystem and to solicit public feedback and encourage public
involvement in restoration efforts.
Army Corps of Engineers. The Corps conducts various educational
programs around Lake Okeechobee. In addition, it has traditionally
held public meetings to gain input into the planning and execution
of public works projects. Because these meetings did not always
adequately engage the public, the Corps is experimenting with
a new approach in its Central and Southern Florida Comprehensive
Review Study. A public involvement specialist was appointed to
work with Corps staff in developing a public involvement process.
Its goals were to gather information from and develop relationships
with public sectors interested in, and/or potentially affected
by, Corps plans for the ecosystem. The process consisted of three
rounds of workshops, during which participants were invited to:
(1) identify ecosystem-related problems and opportunities;
(2) identify possible solutions in problem areas; and (3) provide
feedback on proposed plans addressing each problem area.
Participants at the first round of workshops were given a worksheet
with the following questions:
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A second round of workshops was held to provide feedback on the
first round and to get input into potential solutions to problems
identified. This led to development of alternative conceptual
plans, which were presented in a third round of public workshops.
National Marine Sanctuaries Program. Through its National Marine
Sanctuaries Program, the NOAA has conducted extensive public outreach
activities on Key Largo (103 square nautical miles) and Looe Key
(5.3 square nautical miles), both sanctuaries in South Florida.
Its activities are now expanding throughout the Florida Keys National
Marine Sanctuary.
Outreach was initially focused on site interpretation and educational
programs for the two smaller sanctuaries. However, with awareness
growing over the past decade of the deleterious effects of outside
forces on the sanctuaries (such as nutrient pollution, fresh water
diversion, and damage to corals from marine traffic), this effort
has been strengthened and broadened. The public outreach program
now includes the following activities:
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Interviewees hypothesized that so much attention has been focused
on the ecological degradation of the Everglades that many South
Florida residents may have concluded that not much of the ecosystem
remains left to see. This may help to explain declining numbers
of visitors to Everglades National Park. If true, this could pose
a serious challenge to those seeking more public involvement in
ecosystem restoration efforts.
State level. Public education and public involvement in decision
making are given high priority by the Florida Department of Environmental
Protection. The Departments action plan for developing an ecosystem
approach implementation strategy cites "an ethic within the
citizenry of shared responsibility and participation in protection
of the environment" as one of its three primary goals. Objectives
for achieving this include:
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The Florida Advisory Council on Environmental Education was created
by the legislature in 1989 through an amendment to the Florida
Environmental Education Act. Its mission is threefold: to facilitate
comprehensive, coordinated environmental education for all residents
and visitors to the state; to improve understanding of natural
systems; and to promote natural resources management and conservation
actions. The Council accomplishes its mission largely through
contract agreements with government agencies, private-sector organizations,
and universities. The agreements are funded through the Save Our
State Environmental Education Trust Fund, which has offices in
the Department of Environmental Protection and is financed through
sales from manatee and panther license plates. The Council works
closely with the Department of Environmental Protection in selecting
and managing the activities it funds. Traditionally, it has focused
its attention on the public schools, but it will now orient its
educational activities more toward adults, because 75 percent
of Florida households have no children.
The South Florida Water Management District (SFWMD) is engaged
in numerous public education and outreach activities named in
its annual report, including:
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Local level. Interviewees mentioned various public education efforts
carried out at the local level by local governments and nongovernmental
organizations. Dade County, for example, supports environmental
education efforts by local community organizations and hosts an
English/Spanish hotline. The National Audubon Society has produced
informational materials, such as "Water for People and Wildlife:
Principles for Restoring the Endangered Everglades System."
In cooperation with Motorola Company, the National Audubon Society
also hosts educational activities in South Floridas public schools.
Clean Water Action canvasses urban areas.
Opportunities and Constraints
The tremendous variety of public education activities at the federal,
state, and local levels provide opportunities for public involvement
in South Floridas ecosystem restoration. But when asked about
opportunities for public participation and about constraints to
public involvement that might exist, most of those interviewed
focused on the following constraints: inadequate communication;
urban disinterest; deficient public involvement in rulemaking;
lack of public access to information; insufficient emphasis on
adult education; distrust of government; and language barriers.
Inadequate communication. According to interviewees, public officials
are not adequately conveying the importance of environmental problems.
While some interviewees suggested that this may be due to official
reluctance to convey negative messages to the public, others suggested
that public officials and decision makers may not be well enough
informed on the issues.
Lack of urban interest or awareness. Many interviewees highlighted
urban disinterest in South Floridas environmental problems as
a major barrier to public involvement. Interest rises somewhat
during perceived crises, such as hurricanes or periods of water
rationing, and it will most likely increase in the future as greater
demands are placed on the resource and as water prices increase.
At present, however, the average east coast resident in South
Florida does not consider ecosystem restoration particularly important
or personally relevant.
Little public involvement in rulemaking. The average citizen does
not attend public hearings or meetings, the usual forums for providing
input to rulemaking. Even for large construction projects or projects
involving a change in land use, the public generally withholds
comment until permits are issued or construction begins. At this
point, it is often too late to introduce substantive changes.
Lack of public access to information. Information on the ecosystem
approach and/or related federal government activities is not easily
accessible to the general public. There is no one point of contact
for information about federal activities.
Insufficient emphasis on adult education. Although 75 percent
of Floridas households do not have children, most state and federal
educational efforts are targeted at schoolchildren.
Distrust of government. A number of interviewees said that distrust
of government on the part of industry, landowners, and the urban
public is a substantial barrier to public participation in ecosystem
restoration, undermining government efforts to educate and involve
the public.
Language barriers. Most educational materials are in English.
Lack of translations prevents outreach to Hispanics and other
nonnative-English-speakers who reside in South Florida.
Suggestions for Future Involvement
When asked about public education and involvement, most respondents
called for much greater public education efforts and better coordination
at state and federal levels. Interviewees offered a variety of
suggestions, including: identifying needs and opportunities for
federal support; circulating information on federal activities;
increasing the availability of information to the general public;
getting the urban sector more involved; and working closely with
counties and municipalities.
Needs and opportunities for federal support. The federal government
should assess the present level of public education activities
and their impact, identify priority needs, and determine the needs
it can best address.
Information on federal activities. The South Florida Ecosystem
Restoration Task Force should keep the public and other agencies
and organizations informed of its goals, objectives, and (especially)
progress. Interviewees offered several suggestions for doing so,
including:
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SCIENCE AND INFORMATION
Interviewees raised a number of issues related to science and
information. Until recently, litigation underway impeded the sharing
of information among scientists in South Florida. Although litigation
has ended, a variety of information needs remain to be addressed
if ecosystem restoration efforts are to succeed. But cooperation
and communication among scientists-vital to successful adaptive
management-are improving.
Information Sharing
Scientists, planners, and managers agreed that data exchange and
information sharing are crucial to successful discussions within
the scientific community. Inadequate exchange fosters distrust
and inhibits effective, creative evaluation of problems, information
needs, and possible solutions. Problems result if research is
conducted in isolation and used to support differing viewpoints:
arguments begin to focus on data validity instead of the issues.
More collaborative research might address this problem.
Cooperation and Communication
In South Florida, the past few years have been dominated by litigation
surrounding efforts to protect and restore the ecosystem. Litigation
issues have provided science with both opportunities and impediments.
Because litigation focused on water quality and phosphorus pollution,
more work was done on those issues than would otherwise have been
the case. Moreover, as key witnesses in litigation, scientists
played a central role in policy development. However, litigation
objectives often focused research disproportionately on certain
aspects of problems in the ecosystem, and researchers were often
preoccupied with trying to prove partisan points. Litigation also
constrained data sharing and information flow. The development
of the Mediated Technical Plan designed to resolve the legal impasse
was viewed as successful because it used scientific collaboration
in a focused way to help educate both lawyers and policymakers.
Indeed, agreement by most scientists on a Mediated Technical Plan
was key to resolving the controversy through state legislation.
Interviewees praised the science subgroup of the South Florida
Ecosystem Restoration Task Force for including midlevel science
experts with open minds from all interested parties (including
agriculture). Broad membership was key to the groups success in
collecting information, evaluating problems, and developing consensus
solutions. Face-to-face meetings within the scientific community
are important in developing the relationships and discussion necessary
for problem solving. The group has been successful in "leaving
agency hats at the door" and focusing on solving the problems
at hand. Interviewees urged agencies to institutionalize cooperation
with staff from other agencies and organizations, and to require
that staff display a nonterritorial attitude.
Some interviewees considered the science subgroup inadequate because
it did not involve the majority of scientists working on ecosystem
issues in South Florida, and because those included in the group
were not necessarily the ones who had been working on these issues
for the 6 years since the federal lawsuit began. Scientists and
managers agreed that more ecologists should be involved in management
efforts if the ecosystem approach is to succeed.
Some cited disagreement between managers and scientists on the
kind of information required for ecosystem restoration. Managers
were blamed for misusing science to justify their actions, and
scientists were criticized for their frequent inability to give
definite answers, resulting in an overly cautious management that
accomplished too little too late. Trust was considered the key
to improving the relationship between scientists and managers.
Some scientists interviewed held that one cannot make a nonscientist
into a scientist; and many interviewees agreed that as the debate
over the future of an ecosystem heats up, science becomes a minor
issue and a political tool.
Because of their important role in ecosystem analysis, scientists
are sometimes accused of usurping policymaking authority. The
line between science and policy is not always clear, particularly
when scientists are asked to develop solutions to problems. However,
if a scientific analysis is to be respected, policymakers must
clearly define what scientists are asked to do, and assumptions
must be clearly labeled as such.
Interviewees emphasized that the work of scientists should be
more integrated into the work of engineers. Although ecologists
often think that engineers do not understand ecosystems, this
is starting to change.
Planners and managers offered several other suggestions:
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Information Needs
A surging population in South Florida has raised deep concern
regarding water availability. During interviews, the following
questions surfaced repeatedly:
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Scientists noted that politicians and others frequently ask the
unanswerable question, "Do we have enough of the ecosystem
left?" This question, they said, was wrong: one cannot know
the minimum requirements of an ecosystem until it has collapsed,
and we should not be asking at this stage in South Florida how
much more we can sacrifice.
In September 1994, the science subgroup of the South Florida Ecosystem
Restoration Task Force released its draft report on the ecosystems
scientific information needs. According to the report, scientific
studies are currently underway to: (1) characterize the original
(predrainage) ecosystem and compare it to the present system,
particularly hydrologically; (2) determine key characteristics
of the original hydrologic system; (3) design structural and operational
modifications of the Central and Southern Florida Project in order
to recreate characteristics of the original hydrologic system;
(4) assess the hydrologic and ecological results of these modifications
through pre- and postmodification monitoring; and (5) modify
the design to make improvements.
The science subgroup report named the following science and information
problems and deficiencies in South Florida:
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It is easy to get caught in a loop of indecision, postponing action
indefinitely while awaiting more complete information. According
to both scientists and managers, agencies must make the best decisions
possible based on available information. Progress can then be
evaluated, and activities modified if necessary based on new information
that emerges as the consequences of current activity become clear.
This process of "adaptive management" underscores the
importance of making data and science information applicable to
problems at hand and in a form useful to managers and decision
makers at multiple levels.
Two of the most important tools for adaptive management, as described
in the September 1994 report of the South Florida Ecosystem Restoration
Task Force science subgroup, are modeling and monitoring. These
are critical means of using ecological and other indicators measured
against baseline conditions to continuously update information,
evaluate change, and translate new data into management strategies.
Agricultural industry representatives noted that the Mediated
Technical Plan and the Everglades Forever Act may not provide
enough flexibility for successful adaptive management. They pointed
out that the agricultural industry is always managing in an adaptive
fashion and is conducting many onfarm experiments.
CONCLUSIONS AND RECOMMENDATIONS
Flexibility, communication, cooperation, leadership: these are
the four main themes to emerge from this case study. Whether the
subject was budgets, institutions, laws, public outreach, or science,
the survey team found a consensus among interviewees that the
ecosystem approach generally-and specifically in South Florida-requires
leadership. Only good leadership can foster cooperation, enhance
communication, and encourage the flexibility needed for a successful
ecosystem approach.
This section goes beyond situational specifics to discuss the
issues with the greatest potential impact on the process of implementing
the ecosystem approach, and with the broadest potential applicability
to ecosystems in other parts of the country. The survey teams
conclusions and recommendations are as follows:
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The Southern Appalachians, particularly that area of the southern
Appalachian Mountains that forms part of the Southern Appalachian
Man and the Biosphere (SAMAB) Reserve zone of cooperation, are
one of seven ecosystems selected for further study by the Interagency
Ecosystem Management Task Force. In July 1994, a case study team
traveled to the area to interview federal and nonfederal parties
involved in the SAMAB effort or operating in the SAMAB area.
Team members included Ted Boling from the Department of Justice,
Ray Clark from the Council on Environmental Quality, John Dennis
from the National Park Service, and Susan Huke, Bill Sexton, and
Terry West from the U.S. Department of Agriculture (USDA) Forest
Service. Diane Gelburd from the USDA Natural Resources Conservation
Service (formerly Soil Conservation Service), who is Co-chair
of the Interagency Ecosystem Management Working Group, attended
the first day.
From July 11-15, the team met with representatives from federal
and state agencies, including the Economic Development Administration,
Environmental Protection Agency, Extension Service, U.S. Fish
and Wildlife Service, Forest Service, U.S. Geological Survey,
National Biological Service, National Park Service, Natural Resources
Conservation Service, USDA Office of General Counsel, U.S. Department
of the Interior Solicitor, Georgia Environmental Protection Division,
Georgia Forestry Division, and Georgia Pollution Prevention Assistance
Program, Georgia Wildlife Resources Division, and North Carolina
Department of Environment, Health, and Natural Resources.
The team also met with numerous other interested parties, including
representatives from the Chattooga River Ecosystem Demonstration
Project, Chattooga River Watershed Coalition, Chevron Corporation,
Clemson University, Clemson University Extension Service, Coalition
for Clean Air in the Southeast, Cradle of Forestry, Duke Power,
Duke University, Georgia Conservancy, Georgia Power, Georgia Wildlife
Federation, Land-of-Sky Regional Council, Little Tennessee River
Watershed Group, National Parks and Conservation Association,
The Nature Conservancy, North Carolina Arboretum, Oak Ridge National
Laboratory, Sierra Club, Southern Appalachian Lumber Manufacturers
Association, Tennessee Valley Authority, University of Georgia,
University of North Carolina at Asheville, Western North Carolina
Development Association, and The Wilderness Society.
Meetings were held in several cities and at other sites, including:
Atlanta, Georgia; Asheville and Franklin, North Carolina; the
Coweeta Watershed Hydrologic Laboratory, Otto, North Carolina;
Clemson University, Clemson, South Carolina; and Knoxville, Tennessee.
In order to meet the largest numbers of parties, the survey team
frequently split into two groups of three people each to conduct
interviews.
BACKGROUND
The Southern Appalachian region, located in the Southeastern United
States, extends from northern Alabama into Virginia, enveloping
parts of Georgia, North Carolina, Kentucky, South Carolina, West
Virginia, and Tennessee. A dominant feature of the region is the
southern Appalachian Mountains, one of the oldest mountain ranges
in the United States, which have supported some species continually
for the past 50 million years. For this reason, the Southern
Appalachians are widely recognized as one of the most important
biologically diverse regions in the United States. They provide
habitats ranging from high-elevation treeless "balds"
to spruce-fir forests to forest wetlands and extraordinarily rich
oak forests. Arctic lichens can be found on summits more than
6,500 feet high, and tropical ferns grow in the warm, moist coves
at lower elevations. The mountains and surrounding areas are home
to 2,245 known plant species, including 159 trees and 1,200 flowering
plants-more than half the botanical species on the North American
continent. In addition, 690 vertebrate species are known to inhabit
the region, including 200 resident and migratory species of birds.
This area, a recognizable "bioregion," is also a distinct
ecological, social, and economic unit of the United States. It
is extremely popular with recreational users: hiking, white-water
rafting, horseback riding, summer vacationing, scenic driving,
and golf are a few of the many activities available within a days
drive of more than half of the nations population. Resorts abound
in the region, as do recreational cabins and second homes or retirement
homes. Visitors and area residents alike value the quality and
variety of the natural surroundings and associated activities.
Historical Patterns
The general area retained a sparsely populated, nonindustrial,
rural character throughout the 1800s and most of the 1900s. General
settlement and subsequent development were limited during most
of that time. After the mid-18th century, westward-moving European
settlers established widely scattered clusters of small farmsteads,
first along the wider river bottoms, then later in coves and up
the ridges. The few towns were small and scattered, frequently
connected only by narrow, rutted roads or trails. Of necessity,
most settlers were self-sufficient; the regions many parallel
ridge systems isolated them from each other and the outside world.
Prior to the 1880s, resources were used mostly to meet local needs
such as farming, grazing, timber harvesting, and mining. Large
industry, educational institutions, and large urban centers were
not prominent in the region. Following the spread of the railroad
into many mountain areas during the 1880s, the extensive commercial
development of coalfields, hardwood forests, and other resources
dramatically altered the regions environment and population makeup.
By 1900, many "outsiders" had discovered and publicized
the region, drawing developers, businesses, scientists, journalists,
tourists, investors, and industrialists. Landownership began to
reflect these new interests, bringing a major shift in regional
lifestyles. Many rural residents were forced to resettle in small
towns within and adjacent to the large tracts now controlled by
absentee landowners and large business interests.
By the early 1900s, new roads and a growing population had significantly
altered the largely rural, forested landscape, all of which was
privately owned. In March 1911, Congress passed the Weeks Act
authorizing federal purchase of forested, cutover, or denuded
lands. In 1924, the Clarke-MacNary Act gave the federal government
additional flexibility in purchasing forest lands. The federal
government has since added more than 5 million acres in the Southern
Appalachians to the public domain.
During the Great Depression of the 1930s, the federal government
enlarged its holdings by acquiring hundreds of small tracts from
impoverished farmers for as little as $3 per acre. The Great Smoky
Mountain National Park and the Blue Ridge Parkway were established
during this period through land purchases and condemnation.
Forests in the South total nearly 200 million acres, about 55
percent of the total land area. About 90 percent of the areas
timberlands are in private hands. Significant amounts of forest
land in the area were converted to agricultural and urban use
from the late 1880s through the 1920s. Since then, many marginal
farmlands have been reconverted to forests, increasing the total
forest acreage. In recent decades, increasing interest in the
Southern Appalachians for recreation, retirement, summer homes,
and escape from deteriorating urban environments has led to the
construction of extensive road systems and housing developments
across this forested landscape. Improved transportation and communication
have made the area considerably more available and attractive
to middle classes from adjacent urban areas.
Beginning in the 1960s, a variety of legislative measures and
related programs focused on developing the Southern Appalachians.
Improved transportation, recreation, and infrastructure fostered
greater opportunities in the area, resulting in more immigration
and rising land values.
During the last 5 to 10 years, the harvest of forest products
in the United States has shifted. Harvests in the western United
States have declined by about 10 percent, but have increased by
about the same amount in the South. In 1991, for the first time
since the early 1950s, the removal of softwoods from the area
exceeded their growth: as late as 1976, softwood growth had exceeded
removal of forest products by 42 percent. The increasing value
of forest products has renewed interest in forestry throughout
the southeastern United States, especially in Southern Appalachia.
Historically rural in nature, the environment, cultures, and economies
of the region have changed with the gradual influx of people and
related development. Although most towns in the Southern Appalachians
remain small (only Asheville, North Carolina, and Roanoke, Virginia,
have populations exceeding 50,000), the historically sparse population
has increased dramatically during recent decades. Urban refugees,
seasonal visitors and residents, and those seeking a different
lifestyle for retirement have left their mark on the landscape.
A widening range of social, cultural, and economic interests are
apparent throughout the region, including several established,
well-respected colleges and universities, and a variety of major
industries drawing on the local workforce.
Population growth has given rise to new road systems, new homes
in previously forested areas, new resort complexes, rapidly expanding
rural communities, and accompanying infrastructure, including
water and sewage treatment facilities. Tourism, service industry,
and recreation have replaced agriculture and forestry as mainstays
of the areas economy.
Issues Raised by Regional Change
Growing population, extensive development, and other changes in
the Southern Appalachians have created a series of environmental
problems in the region. Many ownerships, economic sectors, social
classes, institutions, governmental jurisdictions, and interest
groups either caused these problems or arose in response to them,
according to those interviewed. Although many of the major problems
affected the entire Southern Appalachian region, the authority
or ability to deal with them is often widely dispersed among governments
and institutions. Problems include:
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Most important issues in the SAMAB area have environmental, cultural,
social and economic aspects. Most affect large geographic areas
with many ownerships and jurisdictions. Because possible solutions
to environmental problems affect and involve various levels of
government, issues become even more complex. Many natural resource
features are also affected.
Man and the Biosphere Program
In 1971, the United Nations created the Man and the Biosphere
program. The program emerged from the concept of a coordinated
worldwide network of parks, biological reserves, and other protected
areas serving conservation, research, and education needs. It
brought together various agencies and organizations with ties
to or responsibilities for natural resource management and economic
development. It was believed that this closer cooperation between
institutions would improve handling of common large-scale problems,
such as air and water pollution, resource conservation, biological
diversity, and sustainable economic growth.
This global concept was applied in local communities and areas
by establishing national Man and the Biosphere organizations internationally.
National organizations chartered regional organizations to work
directly with area institutions and communities to complete the
global network. At the heart of each regional Man and the Biosphere
program are one or more biosphere reserve units designated by
the United Nations Educational, Scientific, and Cultural Organization
(UNESCO). Each reserve represents a unique resource that is largely
shielded from the detrimental effects of surrounding development,
and that provides a proving ground for ecological research and
monitoring. Lessons learned from reserves are extended outward
to a surrounding zone of cooperation. This is accomplished through
voluntary, cooperative community and area projects.
Southern Appalachian Man and the Biosphere Cooperative. The SAMAB
area was established in August 1988 with the formation of the
SAMAB Cooperative. Members include: the Economic Development Administration,
Atlanta Office; Environmental Protection Agency, Region 4; USDA
Forest Service, Southern Region and Southeast Forest Experiment
Station; U.S. Geological Survey, Water Resources Division, Southeast
Region; National Park Service, Southeast Region; U.S. Department
of Energy, Environmental Services Division, Oak Ridge National
Laboratories; Tennessee Valley Authority, Resources Group; state
of Georgia, Department of Natural Resources; state of North Carolina,
Department of Environment, Health, and Natural Resources; and
National Biological Service (joined April 1994).
The zone of cooperation (figure 1) encompasses five biosphere
reserve units: the Great Smoky Mountains National Park; the Oak
Ridge National Environmental Research Park; the Forest Service
Coweeta Watershed Hydrologic Laboratory; Mount Mitchell State
Park; and Grandfather Mountain, a privately operated environmental
park in North Carolina.
SAMAB Foundation. The private-sector link was created by establishing
the nonprofit SAMAB Foundation, a means for many nonfederal organizations
to share funds, projects, and information with other SAMAB partners.
Members include private corporations, universities, interest groups,
and community organizations. There are also local chapters.
The Cooperative and Foundation together define the SAMAB organization,
a network of groups, businesses, and institutions across the zone
of cooperation. It forms a basis for developing partnerships,
sharing information, supporting cooperative planning and study
efforts, and defining issues and potential strategies.
Role of SAMAB
SAMAB provides a forum for cooperation between groups, organizations,
and institutions with resource management and economic development
concerns for an area of the Southern Appalachians that covers
more than 50,000 square miles in seven states. The organization
operates in various situations and capacities. Cooperators have
organized joint efforts in environmental monitoring and assessment,
community planning for sustainable development, evaluating and
protecting biological diversity, implementing ecosystem approach
activities, conducting environmental education and training, protecting
and enhancing endangered species, holding conferences and workshops,
raising awareness about protecting cultural resources, and focusing
efforts on air and water quality problems.
SAMAB continues to adjust to changing circumstances and interests.
It is and always has been a purely voluntary effort. Cooperating
agencies provide funds for basic operations, redirecting them
from other activities as they become available, but no "new"
funds have been directed to SAMAB. Agencies and groups continue
to pool funds for joint projects and to support SAMAB efforts
with in-kind services.
In June 1992, SAMAB was the vehicle used to create the Southern
Appalachian Mountains Initiative, a separate initiative established
to bring together business, industry, environmental groups, government
agencies, policymakers, and the public to address a single issue:
air quality in the Southern Appalachians. Regional participation
expanded to include West Virginia, Kentucky, and parties interested
in the air quality issue. SAMAB partners focus on other regional
issues, leaving the problem of air quality up to the Southern
Appalachian Mountains Initiative.
BUDGET ISSUES
In its interviews, the survey team focused on increasing its understanding
of the following budget-related issues: current interagency coordination
of budget planning and execution, and the extent to which agency
budget structures and procedures promote the ecosystem approach;
budget-related constraints to-and opportunities for-interagency
coordination and support for the ecosystem approach; and ways
of strengthening budget processes to better support the ecosystem
approach.
Federal Agency Coordination and Support
Numerous projects in the SAMAB area have received financial support
from two or more federal agencies. Some have been facilitated
by the SAMAB Cooperative and Foundation, and others have been
supported independently of SAMAB.
*****
Figure 1.-Southern Appalachian Biosphere Reserve (zone of cooperation).
*****
Cooperation through SAMAB. Since the SAMAB Cooperatives inception
in 1988, federal support for its activities has increased substantially.
In 1989, support was limited primarily to the Tennessee Valley
Authoritys (TVAs) contribution of a part-time director and the
National Park Services contribution of office space. By 1994,
the directors position was fully funded through contributions
from the Fish and Wildlife Service, Forest Service, U.S. Geological
Survey, National Park Service, TVA, and Department of Energy.
Many of these agencies also contribute funds and in-kind resources
to SAMAB-initiated projects.
SAMAB estimates that funding from fiscal years (FY) 1989 to 1993
totaled $377,000 for coordinating office support, and $711,000
for project expenses. None of this has been "new" money.
The Environmental Protection Agency (EPA) has been a primary contributor
of project activity support.
Nine of the SAMAB projects implemented between 1989 and 1993 have
been supported by two or more agencies, and seven have received
single-agency funding. This has been accomplished through pooling
funds, direct expenditures, and/or transferring funds. The Forest
Service and National Park Service, for example, transfer funds
through TVA to SAMAB for air quality monitoring. Forest Service
and National Park Service oversight authority is specified in
the corresponding contracts. In-kind contributions from federal
agencies to the SAMAB Cooperative have amounted to approximately
$540,000 in value.
In an effort to encourage joint agency budgeting, the SAMAB Cooperative
organized a workshop to develop a framework for interagency activities.
Once finalized, this framework will be the basis for an interagency
proposal for ecosystem approach activities. Funds requested in
this proposal will be new; members of the cooperative feel that
it is not realistic to expect agencies to redirect existing funds
for this purpose.
The nonprofit SAMAB Foundation was created in 1990 to attract
additional funds for the region from the private sector, but so
far its success has been limited. To date, its primary role has
been to facilitate workshops and conferences. One federal interviewee
said that a possible reason for its limited success is that the
private sector views SAMAB as a government effort and has little
interest in giving more funds to the government. Private funds
that have been received include a grant of $30,000 from the Georgia
Power Foundation, small financial contributions (of around $1,000
each) from Chevron and others, and in-kind contributions, such
as printing of brochures, duplication of educational videos, and
donation of paper for educational materials.
The SAMAB Foundation recently submitted a proposal to the Energy
and Water Development Appropriations Subcommittee for $1.5 million,
to be included in the Appalachian Regional Commission appropriation.
According to the SAMAB Cooperatives Director, the foundation would
like to use this as seed money to attract private support for
and interest in activities generated by the foundation.
Interagency cooperation outside SAMAB. Interviewees gave several
examples of interagency coordination on budget planning and execution
that did not involve SAMAB.
Transfer of funds. Interviewees from the Oak Ridge National Laboratories
indicated that approximately 22 percent of Oak Ridge National
Laboratories funds are transferred from other agencies requesting
their services. The U.S. Geological Survey routinely carries out
work for other agencies, including TVA, EPA, and the Department
of Energy; mechanisms have been established within those agencies
to facilitate the transfer of funds. A Geological Survey representative
mentioned that the U.S. Department of Defense has an MIPR, which
is a special funding mechanism that facilitates transfer of funds
to other agencies for services provided. The Geological Survey
has been reimbursed through this mechanism for toxic-waste-related
work on Department of Defense bases.
Pooling funds. The Forest Service has allocated $365,000 to its
Coweeta Hydrologic Laboratory for ecosystem research over a 5-year
period. Other federal and nonfederal entities (such as the Department
of Energy, Desert Research Institute, Electrical Power Institute,
EPA, U.S. Geological Survey, and Oak Ridge National Laboratories)
have provided an additional $1.3 million for this purpose, mostly
directed toward the SAMAB area.
Tennessee Valley Initiative. The Tennessee Valley Regional Soil
and Water Conservation Initiative has provided a mechanism for
the USDA, EPA, TVA, and Tennessee Valley states to conduct joint
programs in the 201 TVA power service counties of the Tennessee
Valley region. Cooperation is focused on key watersheds, several
in the SAMAB area. Traditionally, cooperation has aimed at reducing
soil erosion and upstream flood damage, and maintaining or increasing
farm income, but aims are expanding to include improving water
quality. Participating agencies annually allocate staff and funding
in close accordance with their budget cycles. Plans are underway
to jointly fund a coordinator from EPA or the Natural Resources
Conservation Service, who will be located in TVA offices.
Federal support for state efforts. Federal support for the Southern
Appalachian Mountains Initiatives efforts to address air quality
issues includes a $600,000 contribution from EPA, and additional
contributions from the Forest Service, National Park Service,
and TVA. These funds are disbursed to the Initiative through the
SAMAB Cooperative.
Reorienting agency budgets. Discussions with federal representatives
indicated that most agency budgets have not been adapted to respond
to the needs of the ecosystem approach. The Forest Service Research
budget is an exception. A recent strategic plan for Forest Service
Research called for the formation of research core teams to facilitate
an interdisciplinary approach. This in turn led to the establishment
of budget structures better poised to support the ecosystem approach.
Constraints
When asked about budget-related opportunities, interviewees frequently
mentioned the SAMAB Cooperative as an opportunity for further
collaboration. A couple of interviewees also viewed the Natural
Resources Conservation Services capability to transfer funds to
the private sector as a chance to increase financial support for
local efforts to implement the ecosystem approach. But most interviewees
focused primarily on budgetary constraints to the ecosystem approach.
Difficulties in transferring funds. Interviewees most often mentioned
the problems they had transferring funds between agencies. Even
though funds have been transferred from one agency to the other,
there seem to be numerous administrative and legal barriers to
this process, the importance of which varies significantly within
and between agencies. For example:
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The overhead charged by one agency for administering the funds
of another also impedes fund transfers. As a result, an agency
may decide to use its own less skilled staff for a particular
project instead of more experienced personnel from another agency.
Inflexible budget structures. Numerous interviewees highlighted
inflexible budget structures as a major obstacle to the ecosystem
approach. Even within one agency, it is difficult to combine funds
from line items managed by different divisions, due to miscommunication
and varying levels of ability and interest in implementing the
ecosystem approach. Interviewees estimated that this problem only
worsens as overall budgets decrease. One mentioned that it seems
to be easier to use funds for interdisciplinary planning than
for interdisciplinary management.
Another difficulty is concern in Congress and among interest groups
that their ability to control or monitor expenditures would be
limited if budget structures were more flexible. Increased budget
flexibility must be accompanied by strong accountability mechanisms.
Hindrances to jointly funded proposals. If one or more agencies
included in a proposal do not receive the funds necessary to accomplish
a cooperative project, the viability of the entire proposal can
be jeopardized. Some interviewees stated that when agency staff
see projects fail in this way, they are discouraged from spending
the extra time and energy needed to develop joint proposals in
the future.
There are numerous issues associated with the timing of the budget
process. For example, not all federal agencies use the same timeframe
for planning budgets. This seems to be more of a problem when
jointly planning budgets with state agencies than within the federal
government, because some states use a different fiscal calendar
than the federal government.
Other problems arise from the need to plan budgets several fiscal
years in advance. In the interval, priorities often shift. Also,
many agency budgets are not approved until much of the fiscal
year has already passed, leaving insufficient time for effective
implementation of project activities.
Differences in regional boundaries. "Why cant we all use
the same regional boundaries?" asked one interviewee. The
use of different regional boundaries increases difficulties associated
with interagency budgeting. The administrative boundaries of many
agencies divide ecosystems, thus creating barriers to a unified
approach, even within those agencies.
Lack of information on sources of federal funds. Nongovernmental
organizations (NGOs) indicated that they have experience, interest,
and expertise, but need more information on where and how to apply
for financial support, and on how to cooperate with federal agencies
in the ecosystem approach.
Obstacles to long-term research. Discussions with scientists revealed
budgetary constraints to effective long-term research. Research
priorities tend to change as quickly as staff turnovers, and the
National Park Services 2-year funding cycle for research exacerbates
this problem. Another problem is that the focus of research is
often determined more by the availability of funds for a particular
area than by priorities.
Interviewee Suggestions
There is a need for much more cooperation in budget planning,
both within and between federal agencies, but there were few suggestions
on how to accomplish this. Several interviewees mentioned the
possibility of using the SAMAB Cooperative and/or Foundation as
a vehicle for increased coordination.
Many interviewees recommended increases in funding flexibility
and greater authority for field-level staff to shift funds quickly
from one area to another. It was also suggested that federal agencies
waive overhead charges when receiving transferred funds, whether
within a single agency or across agencies. However, there was
a consensus among federal and nonfederal interviewees that any
increase in budget flexibility should be accompanied by strong
reporting and accountability requirements.
Interviewees also suggested that agencies support each other during
the budget process. For example, agencies participating in the
Tennessee Valley Regional Soil and Water Conservation initiative
appear at each others appropriations hearings. According to a
spokesperson for this initiative, it is an exemplary case of agencies
striving to coordinate budget planning.
INSTITUTIONAL AND MANAGEMENT ISSUES
Throughout the Southern Appalachians, the survey team heard that
the lack of institutional capacity is one of the biggest obstacles
to the ecosystem approach. The region has been developing institutions
that support the ecosystem approach for several years. Although
these institutions are not fully mature, they offer good insight
into the strengths and weaknesses of different management approaches.
The greatest needs, according to several regional organizations,
appear to be better interagency coordination and communication,
greater flexibility in planning, programming and budgeting, development
and sharing of baseline environmental data, education and training,
and closer coordination with regional political structures. A
regional body may be the missing link that could coordinate all
of these needs.
Vision and Strategy
There is great confusion in the region about the meaning of the
ecosystem approach. Several individuals thought that it excludes
humans. One person said that ecosystem management has "very
scary ramifications." One farmer said that if the ecosystem
approach treats agriculture as the problem, making farmers suffer
more financially, she will sell her land to developers, causing
damage to the land that will be far greater and harder to control.
She said that she equated ecosystem management with returning
the land to wilderness. Even those who were very supportive of
ecosystem management when the term was defined in their own way
were often unclear about the federal governments definition.
Although no one wanted the federal government to issue a definitive
decree on the ecosystem approach, one representative from an NGO
commented that there is no federal environmental strategy in the
region. Survey participants throughout the region told the team
that a federal vision of the ecosystem approach must be developed
cooperatively, with full local public participation, and should
not be completely technically driven. The federal government must
also allay the fear that the federal government is out to gain
control over natural resources. One way to ensure this is to empower
the region to achieve its own goals. One group stated that federal
land use plans have become "zoning" documents that allow,
prescribe, or proscribe certain activities, without sufficient
consideration of the flexibility needed to achieve management
goals and directives.
Interviewees also stated that federal managers do not get any
feedback on progress toward federal goals. One federal official
said that if the ecosystem approach is to work, there must be
a clear set of goals issued at the Assistant Secretary level in
Washington, DC, to catalyze regional goal-setting. Another said
that the different signals that various agencies are getting from
Washington show the need for consistent policy-level guidance.
Both NGOs and federal agencies agree that without a strategy that
includes institutions and provides mechanisms for taking the entire
Southern Appalachian ecosystem (including private lands) into
account, the vision will remain unfulfilled. One reason why private
lands are an essential part of this strategy is the need for sediment
control: although the Forest Service does a good job of sediment
control, state and local institutions do not effectively control
sediment from private lands. For example, on the Southern Plateau,
there is a problem of mine drainage from private onto federal
lands, causing pollution.
Another reason to include private lands in the strategy is the
management of ecosystem values. One important value is the view
from the Blue Ridge Parkway, and management of the view is in
the hands of private landowners. According to several interviewees,
regulations against using federal dollars to directly benefit
private lands are an obstacle to the ecosystem approach.
Several interviewees noted that a dramatic reduction of timber
sales on Forest Service lands will increase the value of timber
on private lands. Preservation of rural culture is important in
Southern Appalachia. Federal agencies must account for both direct
and indirect effects on rural life. One family farmer stated that
she would not be able to continue farming without some tax relief.
Many agencies and NGOs in the region stated that the National
Environmental Policy Act process helps agency decision makers
evaluate alternatives and that it involves the public in federal
decision making and benefits the overall ecosystem approach. However,
the National Environmental Policy Act has not been used to its
full potential for strategic decisions that cut across agencies.
Several NGOs stated that agencies with responsibilities for species
protection, such as the Fish and Wildlife Service, need to be
more involved in Forest Service environmental impact statements
at an earlier stage.
Interagency Coordination and Communication
According to NGOs and state and local agencies, federal agencies
traditionally have not coordinated well with one another. Most
federal agencies agreed with this assessment. At times, agencies
spend resources on projects that conflict with one another. For
example, the Chattooga watershed is managed by three ranger districts,
each on a different forest in a different state. The three forest
plans, developed independently, only partially match in management
area boundaries or direction.
Within the region, there are agencies with a commodities production
mission, agencies with a protective mission, and agencies with
an economic stimulus mission. One environmental NGO representative
commented that the Fish and Wildlife Service and National Park
Service need to be more actively involved in Forest Service planning.
A state government official stated that there appeared to be a
lack of cooperative relationships between the state and the Forest
Service, except in the case of gypsy moth control.
Numerous interviewees observed that if regional sustainability
is to be realized, federal agencies need to seek easier ways to
develop partnerships with each other and with state and local
agencies, private business and landowners, and NGOs. Several groups
said that the federal government produces good information and
that agency staffs know about the ecology of the region, but that
programs are complicated, public information is difficult for
the layman to understand, and agency staffs do not communicate
well with one another or with the public.
Throughout the area, the survey team heard the need for involvement
of all sectors of the regional economy and all agencies. Many
ad hoc groups are already engaged in worthwhile projects that
are restoring or protecting important components of the ecosystem.
One bank actually held courses for developers to show them how
to grade land while minimizing sedimentation.
SAMAB has the best coordination link in the region. Its members
have agreed to cooperate in promoting knowledge and understanding
of the regions natural resources, encouraging wise use of those
resources, and fostering associated research, education, and training.
One of SAMABs major objectives is to develop and maintain a dynamic
regional model of cooperative integrated resource management.
SAMAB helps agencies develop public/private partnerships on any
scale, and it helps to bring together agencies with similar interests,
but different overall missions. Importantly, SAMAB acts at the
request of local stakeholders (including NGOs, businesses, and
federal and state agencies) and receives full agency support.
It is not seen as an advocacy group (which lends it more credibility,
according to several agencies), nor is it seen to be usurping
agency decision making. Instead, it is perceived as a coordinating
body for willing players, and has been described as a "catalyst
organization with flexibility."
The status of the SAMAB Foundation under Tax Code section 501(c)(3)
allows projects to be undertaken that could not be implemented
by agencies. The team was frequently told that this is one of
the most creative ways to influence land use, without the burdensome
command-and-control structure that is opposed by landowners and
increasingly by the courts.
The executive committee of SAMAB is strong and includes most of
the regional federal agency leaders. Although the SAMAB Cooperative
has worked hard to incorporate federal agencies in the region
(even those that are not land managers, such as the Economic Development
Administration, which pumps more than $100 million into the
region each year), the Cooperative is not fully mature because
all federal players in the ecosystem are not fully engaged. Those
to some degree absent include the Department of Defense, National
Aeronautics and Space Administration, Internal Revenue Service,
and Federal Highway Administration. Significantly, the Appalachian
Regional Commission and the Natural Resources Conservation Service
have not yet agreed to cooperate with SAMAB (although the Commission
has indicated an intent to join the SAMAB Cooperative). Another
weakness is that the board does not include traditionally nonempowered
people, including Native American tribes, ethnic minorities, and
rural populations.
Agencies throughout the region value SAMAB and are increasingly
calling upon it as a facilitator. SAMAB also helps agencies to
coordinate more efficiently. For example, plans under the National
Forest Management Act usually take 5 years to complete, but SAMAB
has brought about joint agency planning and reduced the time it
takes by easing the exchange of information and data. The Southern
Appalachian Mountains Initiative grew out of SAMAB as a way of
dealing with regional air quality issues that individual states
or agencies were unable to address effectively. The development
of the Initiative as a problem solver highlights the evolving
regional perspective.
It is clear, however, that SAMAB cannot be successful without
additional funding. Although agencies have received no new funding
as a result of their SAMAB activities, most are sending funds
to SAMAB and making in-kind contributions to keep it operating.
Without this effort, SAMAB would not be as effective and the region
would not have advanced ecosystem approach objectives as far as
it has.
Planning, Programming, and Budgeting Flexibility
Throughout the region, agencies and other groups told the survey
team that federal agencies were hampered by their planning and
budgeting cycles, which do not permit flexible use of resources.
Several worthwhile nonfederal projects requiring about $1,000
each in funding would have directly benefited federal government
efforts to implement the ecosystem approach. But agencies could
not use their appropriations to fund them, either because they
were not federal or because transaction costs associated with
small projects were too high.
Several interviewees saw an opportunity for the 40 to 50
regional land trusts to play an important role in the ecosystem
approach, because they can react more quickly to land acquisition
opportunities than can the government. They are effective and
flexible, and have grassroots support. One land trust organization
reported that it needs federal leverage through challenge grants.
Another noted that the Land and Water Conservation Trust Fund
may provide opportunities to acquire headwaters, but that more
flexibility in its use is required.
Training
One state agency suggested that educating the public on the concept
of the ecosystem approach may be the first priority. Although
the Southern Appalachians are relatively poor (inhabitants earn
about 75 percent of the national per capita income), they have
a wealth of scientific institutional capability, and skills in
implementing the ecosystem approach abound throughout the region.
Despite the tools to effect change and to leverage resources that
exist throughout the region, there has been no concerted effort
to educate and train local communities. SAMAB helps agencies and
private organizations to harness resources, but one untapped resource
are Historically Black Colleges and Universities. These and other
higher institutions of learning that serve local rural communities
provide perfect opportunities for developing local populations
trained and educated in principles of the ecosystem approach.
Environmental Baseline Data
Almost every agency in the region cited the lack of environmental
baseline data. At present, data bases are not subject to standard
formats and quality assurance. They are aggregated on significantly
different scales because they are generated for specific purposes.
One agency stated that the development of an environmental baseline
data base is the foundation for interagency coordination. Many
agencies are contributing to EPAs Regional Environmental Assessment.
Several agencies suggested that federal agencies in the region
should develop an environmental data base similar to The Nature
Conservancys Heritage Program.
The National Biological Service is helping to develop such a data
base; one of its employees will begin work at SAMAB in August.
One official commented that other data bases have been created,
but are not useful because they have not been maintained. Many
agencies have developed their own environmental data bases (TVA
has an exceptional water quality data base) that are rarely accessible
by other federal agencies.
Adaptive Management
Many groups in the region are trying to understand what adaptive
management means. Operating regulations for many agencies do not
permit midcourse changes to adapt to changed conditions. One of
the greatest barriers to adaptive management is the inability
of agencies to quickly transfer funds to where they are needed
most. When dogwood anthracnose (a tree disease) quickly spread
throughout the entire region, it was difficult to focus money
and people on the problem, because administrative procedures made
it difficult to transfer money to a single lead agency. However,
agencies formed an ad hoc committee that cooperatively divided
up the tasks, readily shared data and information, and continues
to deal with the disease.
Several nonfederal interviewees gave varying marks to the ability
of agencies to adapt their management to changing conditions;
managers along the Blue Ridge Parkway received high marks. Some
agencies said they needed to be able to make more decisions at
the field level, and that national headquarters in Washington,
DC, would guide them in this.
Agencies and several NGOs said that managers who use the National
Environmental Policy Act (NEPA) process as a management tool were
more agile, more adaptable, and more apt to consider the publics
goals and objectives in their decisions. One agency reported that
the NEPA process has ensured adaptations to sound environmental
management, citing as proof an environmental impact statement
for the development of a military installation. This environmental
impact statement allowed interagency coordination, dispute resolution,
and the ability to monitor environmental commitments and to adapt
when necessary. As one person put it, "NEPA adapts and improves
the projects within the region." However, agencies are concerned
about taking actions that were not been considered in their environmental
impact analysis, and NEPA analyses that address only the environmental
impact of an activity on lands within federal administrative boundaries
are unlikely to fully consider how proposed actions affect ecosystems.
Environmental impact statements should focus on entire ecosystems,
taking regional goals and objectives into account, in order to
provide accurate scientific information to policymakers, who must
make the necessary tradeoffs.
Working through SAMAB, the Economic Development Administration
is using the NEPA process to foster the ecosystem approach. The
agency is doing this by requiring subdivision regulations and
land use planning as conditions for providing economic development
funds. However, agencies such as the Economic Development Administration
(and perhaps the Internal Revenue Service) do not traditionally
view themselves as having an environmental mission. Until they
do, adaptive management under the ecosystem approach will not
be fully realized. In the South, the Economic Development Administration
appears to be a prototype for additional study. Adaptive management
should include helping agencies like the Economic Development
Administration to direct their energies strategically.
Opportunities for the Ecosystem Approach
In Southern Appalachia, it is clear that the ecosystem approach
is the catalyst for improved communication and cooperation among
agencies and the local population. The institutionalization of
the ecosystem approach as a goal of all federal agencies will
empower the officials who are closest to the daily problems facing
the ecosystem. It may revitalize and change the way in which government
interacts with the people in the region.
For example, red wolves were reintroduced to the region at little
inconvenience to residents, and without inflicting long-term damage
to domestic animals. Significant land use restrictions were not
necessary, and the hunting and trapping regulations for the Appalachian
Region National Wildlife Refuge remain unchanged.
The Southern Appalachians have strong institutional and management
structures that can be mobilized through federal empowerment.
The federal government can help further by promoting a shared
vision for the future of the region, helping the inhabitants develop
their own goals and objectives, and finding ways to fund small,
worthwhile projects that contribute to the sustainability of the
region. Information and public education about the nature of the
ecosystem and what needs to be accomplished would also be appreciated.
Better use should be made of untapped resources, such as churches,
Historically Black Colleges and Universities, small rural universities,
and the large population of retirees. All of these groups have
individuals who are concerned about their environment and would
be willing to disseminate information and help restore damaged
parts of the ecosystem.
LEGAL ISSUES
The legal framework in the Southern Appalachians contains numerous
provisions for information management, federal administration,
and coordination of state and local authorities with their federal
counterparts. These provide opportunities to address the regions
environmental problems, but also constraints to a coordinated
ecosystem approach to natural resource management.
Man and the Biosphere Program
The Man and the Biosphere program is a unique experiment in international
environmental law that focuses international scientific attention
on areas that are significant to biodiversity conservation and
sustainable development. The biosphere reserve program associated
with Man and the Biosphere uses protected areas and their surrounding
landscapes as "landscape[s] for learning and a bioregional
focus for cooperation among protected area administrators, scientists,
economic interests, and local people in conserving biological
diversity by finding solutions for interrelated environmental,
land use, and socioeconomic problems." Designation of an
area as part of the Man and the Biosphere program does not require
new legal restrictions on development there. Several countries
have adopted special legislation to protect their bioreserve sites.
However, the Man and the Biosphere program requires only that
the agency responsible for administering a countrys biosphere
reserve program agree to promote Man and the Biospheres fundamental
goals of allowing research and conservation within the reserve,
and participation in the international biosphere reserve network.
States also sign a "moral commitment" to implement the
Action Plan for Biosphere Reserves, which was adopted by the UNESCO
General Conference in 1985. (UNESCOs Second International Conference
on Biosphere Reserves will meet in March 1995 to evaluate the
Action Plan and to discuss a draft statutory framework that would
give Man and the Biosphere some legal authority to address Action
Plan failures.
The SAMAB program was established by an interagency cooperative
agreement between six federal agencies with land management responsibilities.
That agreement formed the governmental portion of SAMAB, known
as the SAMAB Cooperative. The SAMAB Reserve was endorsed by the
U.S. Man and the Biosphere in 1988 and formally adopted by UNESCO
as part of the Man and the Biosphere network in December of that
year. In support of Man and the Biospheres goals, SAMAB acts as
an information facilitator among federal agencies operating in
the area and between these agencies and state or local counterparts
and NGOs. The program is governed by the Cooperatives executive
committee, which has representatives from each of the member agencies.
Six operating committees, staffed by technical experts from member
agencies, do most of SAMABs work. The structure of the SAMAB program
allows these staff-level committees to identify issues to be addressed
by the executive committee, which establishes priorities. The
executive director of SAMAB is the only person working full-time
on the SAMAB program. No permanent, regular legal counsel for
SAMAB has been established.
In March 1992, SAMAB sponsored a forum on air quality to address
chronic air quality problems in the region. Under the aegis of
SAMAB, state air quality agencies organized a regional partnership,
the Southern Appalachian Mountain Initiative, to study air quality
impacts and solutions. The organization operates under a governing
body composed of state agency members and nonvoting representatives
from the Forest Service, EPA, National Park Service, industry,
and public interest groups. To address the issue comprehensively,
the Initiatives regional scope extends beyond SAMAB boundaries
to include the states of West Virginia and Kentucky and other
parties interested in air quality.
The SAMAB Foundation was chartered in Tennessee in 1990 to complement
the work of the SAMAB Cooperative by involving private industry,
universities, and other nonprofit organizations and special interest
groups. As a nongovernmental, tax-exempt organization under section
501(c)(3) of the Tax Code, the Foundation can undertake activities
that federal agencies cannot, including acceptance of donations
and financing of projects that go beyond an agencys budget or
legal authorities. The Foundation directly supports the work of
agencies in the Cooperative through public involvement, education,
and the solicitation of support for agency projects and priorities.
Currently, the Foundation operates as a group of volunteers. The
Foundation and Cooperative work together to identify important
natural resource and economic development issues, and the means
for addressing them. Both groups recognize the need for an integrated
assessment of agency authorities and issues, but have not had
funding for such a project. Foundation members anticipate that
the Foundation will become the principal coordinating and administrative
arm of the SAMAB program.
Information and Coordination Requirements
Much of the agency participation in the SAMAB Cooperative and
associated efforts under the ecosystem approach are attributable
to the information and coordination requirements of various federal
statutes, including the National Environmental Policy Act, National
Forest Management Act, and Clean Air Act. Participation at this
level is intended to meet the requirements of law efficiently
and effectively. These information requirements are also the legal
basis for evaluation of ecosystem impacts that are beyond the
capacity of any one agency to control.
The National Environmental Policy Act. The National Environmental
Policy Act (NEPA), 42 U.S.C. §§ 4321 et seq.,
gives all federal agencies authority to evaluate their activities
on an ecosystem basis. Under NEPA, all proposals for "major
federal actions significantly affecting the quality of the human
environment" must include a detailed statement of the environmental
impact of the proposed action and an evaluation of alternatives
(42 U.S.C. § 4322(2)(C)). Ecosystem impacts are
specifically included in the range of environmental impacts considered
under NEPA (42 U.S.C. § 4322(2)(H); 40 CFR 1508.8).
In addition to evaluating the direct and indirect effects of the
proposed action, the environmental impact statement must disclose
possible conflicts with "federal, regional, state, and local
. . . land use plans, policies and controls for the area concerned"
(40 CFR 1502.16(c)). Coordination with other governmental entities
is also required in order to evaluate "cumulative impact,"
which is defined as the "incremental impact of the action
when added to other past, present, and reasonably foreseeable
future actions regardless of what agency (federal or nonfederal)
or person undertakes such other actions" (40 CFR 1508.7).
At a minimum, the draft environmental impact statement must be
circulated for comment by any federal agency with "jurisdiction
by law or special expertise with respect to any environmental
impact involved," and to federal, state, and local agencies
that are authorized to develop and enforce environmental standards
(40 CFR 1502.19).
Interviewees generally supported NEPA, describing it as a means
to improve both information flow between agencies and (indirectly)
project design. Some noted that federal agencies may learn of
a significant impact of a planned activity on federal resources
only through NEPA compliance by other agencies. For example, public
interest groups heard through the NEPA process about a dam to
be financed by the USDA Farmers Home Administration upstream from
what is classified as a Wild and Scenic River. These groups informed
the National Park Service. After hearing National Park Service
comments on the proposal, the Farmers Home Administration decided
that a full environmental impact statement was necessary to evaluate
the projects impacts.
In other cases, agencies have used NEPA as a general planning
authority, employing the programmatic environmental impact statement
as their management plan. The TVA, a government corporation with
multiple mandates and a variety of authorities, used NEPA to guide
its Sound River Management strategy for operating its reservoir
and navigation system and for environmental restoration in the
Tennessee River watershed. The TVA has no direct environmental
regulatory authority over the impairment of water in the Tennessee
River watershed, but it uses its water quality monitoring programs
and public involvement through the NEPA process to find solutions
to point and nonpoint source pollution.
Most survey participants noted that NEPA coordination should be
improved. The chief complaint was that agency administrative requirements
are often time-consuming and cumbersome. Some agencies require
that decisions and their associated NEPA documents be reviewed
by several layers of supervisory management before final authorization
by someone not associated with those who will be responsible for
administering the decision. For example, the National Park Service
requires any decisions involving NEPA documentation to be made
by Regional Directors, not by Park Superintendents. By contrast,
the Forest Service places most decision-making responsibility
on the District Ranger or Forest Supervisor, both local line officers.
Others claimed that NEPA was poorly tailored to relevant decision
making, arguing that NEPA documentation of statutory planning
decisions that have no direct impact on the environment merely
provided opportunities for litigation. They maintained that public
participation and environmental analysis are better focused when
NEPA is used for decisions that have concrete consequences. Although
statutory evaluations of ecosystem health or agency plans are
considered more costly than they are worth, these critics noted
that programmatic NEPA processes would be more useful for coordination
if they were not subject to litigation.
The National Forest Management Act. The National Forest Management
Act, 16 U.S.C. §§ 1600 et seq., requires the
Forest Service to develop "land and resource management plans
for [national forests], coordinated with the land and resource
management planning processes of state and local governments and
other federal agencies" (16 U.S.C. § 1604(a)).
The development of these forest plans must be based on a "detailed
inventory" of national forest resources and an "integrated
consideration of physical, biological, economic, and other sciences"
(16 U.S.C. §§ 1603, 1604(b)). SAMAB is considered
the best avenue for sharing data on these resources. It is expected
that national forest planning can be done significantly faster
through interagency coordination to identify issues and share
data on impacts.
The Clean Air Act. The Clean Air Act, 42 U.S.C. §§ 7401
et seq., requires consultation over air pollution control measures
and consistency between them. Members of the SAMAB Cooperative
noted that information collected and pooled among agencies (through
efforts like the Forest Services Forest Inventory Assessment and
EPAs EMAP) can be used by federal land managers in providing information
under the Clean Air Act and in planning their individual land
management activities. From the perspective of federal land managers
in the Southern Appalachians, the most significant provision of
the Clean Air Act affecting them is the requirement to protect
values related to air quality in certain national park and wilderness
areas, defined as Class I areas (42 U.S.C. § 7472(a)).
Major stationary sources of air pollution cannot be located or
modified near a Class I area if they will adversely impact values
related to air quality in the area. With their power to define
these values in an area and to object to specific permits (42 U.S.C.
§ 7475(d)), federal land managers have a significant opportunity
to influence the air quality debate.
Beginning in 1990, federal land managers in Great Smoky Mountains
National Park and other Class I areas made several adverse-impact
determinations in their review of several proposed permits under
the Clean Air Act. Participants in the Southern Appalachian Mountains
Initiative noted that these adverse-impact determinations brought
states in the Initiative together to study the effects of air
pollution on the Southern Appalachian highlands. However, because
federal land managers do not have an absolute veto over these
decisions, this provision in the Clean Air Act functions-in effect-as
an information requirement. (The burden of proof for demonstrating
the presence or absence of adverse impacts on values related to
air quality depends on whether the proposed permit would violate
Class I standards. If there is no violation, the federal land
manager has the burden of proving the adverse impact on air-quality-related
values.)
The Clean Air Act (42 U.S.C. § 7410(a)(2)(D)) also
requires states to adopt State Implementation Plans to ensure
that in-state emissions will not contribute to an areas "nonattainment"
of National Ambient Air Quality Standards, cause significant deterioration
where these standards are met, or interfere with the air quality
of another state. These provisions motivate states to consult
with each other regarding the effects of emissions on specific
ecosystems. Related requirements of the Clean Air Act and the
Intermodal Surface Transportation Efficiency Act are also seen
as a major catalyst for bringing state and federal transportation
agencies into the SAMAB program. Section 134 of the Intermodal
Surface Transportation Efficiency Act (23 U.S.C. § 134)
requires transportation plans for metropolitan areas (defined
to encompass certain Clean Air Act nonattainment areas) and prohibits
federal funding of highway projects that will significantly increase
traffic, unless a project is part of an approved plan.
Federal Coordination With State and Local Counterparts
Several survey participants asserted that efforts of federal agencies
to implement the ecosystem approach should not be limited to specific
federal programs, but should be coordinated with related state
and local efforts that address common concerns. Some suggested
that federal land management agencies should act in their capacities
as landowners to enforce state and local laws regarding ecosystem
impacts from neighboring lands. Others see these agencies more
as advocates for the enforcement of state laws and local ordinances.
Most states in the region have enacted laws to address ecosystem
impacts not dealt with under federal law, but federal authorities
generally have not taken advantage of them. For example, participants
noted that strong laws in some states governing soil erosion and
stream sedimentation are not enforced locally. Enforcement of
these laws is generally delegated to local governments that do
not have the resources to ensure compliance with required soil
management plans. It was suggested that federal agencies could
address these problems by assisting in law enforcement, by reporting
violations to the authorities and the public, and through general
education of local authorities and the public.
In addition to state sedimentation laws, there are various federal
authorities and programs that could be coordinated to complement
state and local efforts. Although the Clean Water Act does not
directly regulate nonpoint source pollution (as it does pollution
from point sources), EPA has authority to provide grants and technical
assistance to all agencies under section 319 of the Clean Water
Act (33 U.S.C. § 1329). Many participants noted that the
Natural Resources Conservation Service has an extensive network
of personnel and a mixture of funding and regulatory authorities.
However, the agencys programs focus on agricultural sources of
pollution to the exclusion of nonagricultural sources that are
increasingly significant, such as construction sites and low-standard
roads. Participants encouraged the Natural Resources Conservation
Service to address all aspects of soil conservation and to balance
its regulatory and consultative roles. Regulatory programs, such
as enforcement of the wetlands protections of Clean Water Act
section 404, must be conducted judiciously to ensure that cooperative
efforts with citizens are not jeopardized. Statutes must be consistently
enforced against significant offenders and coordinated with a
program to inform and assist the general public in compliance
with the law.
Barriers to the Ecosystem Approach
Federal agencies face legal barriers to an effective ecosystem
approach in the Southern Appalachians and to coordination with
federal and nonfederal agencies and organizations. Agency activities
are restricted in ways that constrain the ecosystem approach by
agency mandates and by federal administrative laws.
Agency mandates. Under their mandates, federal agencies may be
restricted from taking a comprehensive approach to adverse impacts
on ecosystems.
Limited focus. Agencies address only some aspects of ecosystem
impacts, lacking the legal mechanisms to address impacts comprehensively.
Representatives from agencies that must meet specific statutory
demands noted that the statutory focus of their agencies impedes
their participation in the ecosystem approach. For example, the
Fish and Wildlife Service administers the Endangered Species Act,
16 U.S.C. §§ 1531 et seq. Statutory requirements related
to conservation of listed species, combined with limits on budget
and personnel resources, make it difficult for the agency to participate
in large-scale interagency efforts. Other agencies use the services
of the Fish and Wildlife Service primarily when required under
Endangered Species Act section 7 (16 U.S.C. § 1536)
to consult with the agency on adverse impacts that their activities
might have on specific species at a specific site. Survey participants
stated that this approach is often frustrating for both the Fish
and Wildlife Service and the consulting agency, because resources
are already committed or options already limited by the time an
agency action has reached the stage that consultation is required.
The Fish and Wildlife Service has found that participation in
SAMAB has allowed it better to inform agencies outside the formal
consultation process.
Participants noted that EPA has significant resources and authorities
to address many impacts on ecosystems. But its priorities, they
said, are generally influenced by media-specific statutes that
focus on particular risks to human health, often neglecting wider
public welfare concerns regarding impacts on ecosystems. For example,
air quality impacts on forest health are of particular concern
in the Southern Appalachians. However, the requirements of the
Clean Air Act focus EPAs attention on more substantially degraded
airsheds that do not meet the National Ambient Air Quality Standards
for the protection of public health, drawing resources from areas
where the Clean Air Act requires only "prevention of significant
deterioration." This is partly attributable to the standard-setting
mechanisms of the Clean Air Act, which set deadlines for achieving
primary National Ambient Air Quality Standards based on human
health considerations, but set no firm deadlines for meeting secondary
National Ambient Air Quality Standards designed to protect public
welfare (42 U.S.C. § 7502).
Moreover, the Clean Air Acts requirement that national standards
be uniform does not afford the flexibility needed to address regional
differences in pollutant sources and ecosystem sensitivity. Survey
participants from the Southern Appalachian Mountains Initiative
noted that national standards for ozone pollution are based on
studies of the Los Angeles airshed, an urban and desert environment
where control of anthropogenic volatile organic compound emissions
was identified as the primary means for controlling the creation
of tropospheric ozone. However, in the Southern Appalachians,
the abundant vegetation and forest cover contribute significantly
to the atmospheres ambient volatile organic compound level. Therefore,
the Southern Appalachian Mountains Initiative is searching for
ways to control the other component of ozone pollution, nitrogen
emissions. Such controls are not required by the Clean Air Act
and would have to be adopted voluntarily by member states in the
Initiative.
Permit criteria. Pollution permit criteria do not take ecosystems
or the perspective of federal land managers into account. Several
survey participants noted that there is no mandate to consider
the perspective of federal agencies or land managers in many environmental
laws. For example, although the Clean Air Act requires federal
land managers to comment on proposed permits, the Clean Water
Act contains no requirement that they be consistently involved
in state stream water quality designations or National Pollution
Discharge Elimination System permit decisions. Similarly, information
about listed and candidate threatened or endangered species is
not obtained from the Fish and Wildlife Service because state
permitting agencies do not consider themselves subject to the
consultation requirements of the Endangered Species Act (16 U.S.C.
§ 1536).
Many of these gaps could be closed by regulation under existing
authority. For example, in devising solid waste management plans,
states are not currently required to consider how federal land
managers view the impact of local solid waste management decisions
on biological resources. This proved to be a serious problem when
a county decided to locate a landfill near the area used by Great
Smoky Mountains National Park for relocating black bears. Under
the Solid Waste Disposal Act, 42 U.S.C. § 4002, EPA
is authorized to establish standards for locating landfills that
take ecosystem impacts into account, using the same authority
under which EPA has established other location standards (see
40 CFR 258.10-258.16, citing restrictions for floodplains, wetlands,
and geologically unstable areas). EPA could add ecological considerations
to these criteria. None of these statutes appear to prohibit interagency
coordination, so agencies should be able to address these concerns
through memorandum agreements.
Requirements for planning and decision making. Requirements for
planning and decision making take up agency resources that could
be used for coordination and organization on an ecosystemwide
or regional basis. Statutes and regulations that micromanage agency
planning decisions were generally criticized as requiring an inefficient
use of administrative resources and creating opportunities for
litigation. Notably, planning requirements under the National
Forest Management Act take up agency resources that could be allocated
to address issues that are more directly relevant to the ecosystem
approach.
For example, the National Forest Management Act and its regulations
require planning to determine the suitability of forest lands
for timber production, allowable sale quantity, and timber sale
schedules (16 U.S.C. §§ 1604(f)(2), (k), (m);
1611; 36 CFR 219.3). The resulting forest plan is intended
to function like a zoning ordinance for the forest, describing
for a 10- to 15-year period what activities are and are not permissible
by specifying different "management areas" defined in
terms of resource emphasis. All management activities and uses
of the forest must conform to the standards and guidelines of
the forest plan. The forest plan also indicates the desired future
condition of the forest and identifies management activities necessary
to achieve that goal. However, the plan is not self-executing
and does not constitute a mandate to undertake any of the activities
that it describes. Subsequent analysis or new information may
show that another strategy is needed for a particular area. A
separate decision-making process is required, involving a separate
environmental assessment based on the forest plan, before there
is any ground-disturbing activity, such as a timber sale. Nevertheless,
these forest plans have been the subject of intense litigation.
Participants also argue that National Forest Management Act planning
is conducted on a temporal and geographic scale that is not adapted
to ecosystems. The Act requires forest plans for each national
forest, the boundaries of which are determined by congressional
designation and adjacent private lands (16 U.S.C. § 1604(f)(1);
36 CFR 219.4(b)(3)). Unlike forest planning area boundaries,
ecosystem boundaries do not respect such borders. The scope of
the ecosystem may change according to the characteristics that
are considered relevant. Also, forest plans under the National
Forest Management Act are revised every 10 to 15 years (16 U.S.C.
§ 1604(f)(5)). Significant new information about an ecosystem
that is broad in geographic scope or substantially affects commodity
production may require significant changes to the forest plan
(16 U.S.C. § 1604(f)(4)). Both revision and significant
amendments require an intensive planning process and allow administrative
appeal and litigation opportunities.
Because agency decisions and analysis under the National Environmental
Policy Act must be based on sound, current science, statutory
planning tools such as forest plans are now only a part of overall
planning and management efforts. Forest Service representatives
noted that where a forest plan becomes outdated, documents used
in specific project decisions can no longer be "tiered"
to the forest plan analysis, but must incorporate their own evaluation
of impacts. This increases the administrative burden on project
decisions. Moreover, because forest plans may not address ecosystem
characteristics on a scale that is useful for project decision
making, additional levels of analysis are needed. For example,
the Chattooga River Ecosystem Project area generally follows the
outlines of the planning unit used by the Forest Service prior
to enactment of the National Forest Management Act. The Act may
actually allow the Forest Service to plan on an ecosystem scale.
Some participants noted that this flexibility exists because the
National Forest Management Act does not require a separate forest
plan for each national forest, but rather speaks in terms of "plans"
that "form one integrated plan for each unit of the National
Forest System" and may be one document or a set of documents
(16 U.S.C. § 1604(f)(1)).
Administrative laws. The ability of federal agencies to coordinate
activities and information with nonfederal agencies and organizations
in a way conducive to the ecosystem approach is hampered by two
federal laws, the Freedom of Information Act and the Federal Advisory
Committee Act.
Freedom of Information Act. The Freedom of Information Act (FOIA),
5 U.S.C. § 552, states that any person has a right, enforceable
in court, to obtain federal records, except those specifically
protected from disclosure under FOIAs nine exemptions or three
law enforcement record exclusions. The FOIA exempts from disclosure
interagency and intra-agency memoranda and other documents that
are part of a government deliberative process (5 U.S.C. §
552(b)(5)). However, this exemption does not generally apply to
purely factual information, or to factual portions of deliberative
documents.
The FOIA is regarded as a significant threat to any agency that
collects information about the location of sensitive or overexploited
species. Depending on how it is used, this information may be
considered purely factual and not be protected from public disclosure
under FOIA. For example, the National Park Service may not be
able to protect information about the location of wild ginseng,
a plant that grows in the Great Smoky Mountains National Park
and is widely poached for its valuable root. And the National
Biological Service has found that private landowners (such as
timber companies) are reluctant to allow it to survey their lands,
because public access to the information may encourage trespassing
to take species. Moreover, data shared with or among government
scientists could be used by outside scientists before originators
can publish findings for professional credit. Among scientists,
the sharing of data depends on trust, easily destroyed by even
the threat of public disclosure.
Survey participants declared that legislative action is probably
necessary to address this problem effectively. Under exemption
3 of the FOIA (5 U.S.C. § 552(b)(3)), factual or other
information that must be withheld under another statute is exempted
from disclosure. A model for such legislation is provided by the
Archeological Resources Protection Act, 16 U.S.C. §§
470aa et seq. This Act requires federal land managers to
withhold information concerning the nature and location of archeological
resources, unless that information is needed to protect a site
from destruction, or unless disclosure would not create a risk
of harm to the resources (16 U.S.C. § 470hh).
Federal Advisory Committee Act. Congress enacted the Federal Advisory
Committee Act (FACA) to control the growth and operation of the
"numerous committees, boards, commissions, councils, and
similar groups which have been established to advise officers
and agencies in the executive branch of the Federal Government"
(5 U.S.C. App. 2 § 2(a)). An "advisory committee"
is defined as "any committee, board, commission, council,
conference, panel, task force, or other similar group, or any
subcommittee or other subgroup thereof" that is "established
or utilized" by the President or an agency "in the interest
of obtaining advice or recommendations for the President or one
or more agencies or officers of the Federal Government" (5
U.S.C. App. 2 § 3(2)).
FACA places a number of procedural restrictions on bodies that
constitute "advisory committees." Every advisory committee
must file a charter (5 U.S.C. App. 2 §§ 9(c), 10(a)(2));
its meetings must be open to the public (id. § 10(a)(1));
it must keep "[d]etailed minutes" of its meetings (id. § 10(c));
and it must generally permit "[i]nterested persons . . .
to attend, appear before, or file statements" with it (id.
§ 10(a)(3)), unless a decision is made to close the meeting
(id. § 10(d)). In addition to governing how the
group functions, FACA also requires an advisory committee to make
publicly available "the records, reports, transcripts, minutes,
appendixes, working papers, drafts, studies, agenda, or other
documents which were made available to or prepared for or by [the]
advisory committee" (id. § 10(b)). This obligation
exists only "until the advisory committee ceases to exist"
and is no longer subject to the provisions of the Freedom of Information
Act.
FACA also imposes a number of requirements on federal officials
regarding creation and use of advisory committees. A committee
must specifically be authorized (either by statute or by the President),
or be determined by an agency head to be in the public interest
(id. § 9(a)); it must be "fairly balanced in terms of
the points of view represented and the functions to be performed"
(id. § 5(b)(2)); and precautions must be taken to assure
that an advisory committee is not "inappropriately influenced
by the appointing authority or by any special interest" (id.
§ 5(b)(3)).
FACA is generally regarded as a hindrance to agencies efforts
to obtain information from the scientific community and stakeholders.
Several survey participants argued that it should be amended to
specifically exclude ad hoc agency efforts to obtain information
from the public, state or local authorities, and scientists. They
maintained that FACA should be limited to situations where an
agency seeks the opinion of an advisory committee as an authoritative,
expert source, consistent with the original intent of Congress.
Budgetary restrictions. Section 611 of the Treasury Postal Appropriations
Act for FY 1994, P.L. 103-123, prohibits interagency financing
of "boards, commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do
not have a prior and specific statutory approval to receive financial
support from more than one agency or instrumentality" (107 Stat.
1261). This requirement could be a significant impediment to agency
coordination and cooperation, because it requires each agency
either to find a statutory basis for work that is generally accepted
to be within the agencys scope, or to coordinate with other agencies
by some other means. Statutory authority must be enacted to allow
money to be pooled for projects that meet the needs of more than
one agency.
Many agencies are required to fund projects based on statutory
criteria that do not consider the wider ecosystem implications
of those projects. The Office of Surface Mining, for example,
funds the abatement of acid mine drainage at coal mining sites,
an important water quality impact in the Southern Appalachians.
The Surface Mining and Reclamation Act, which provides for this
funding, requires treatment of sites with human health implications
before sites where the only impact is ecological (30 U.S.C. §
1233(a)). Under these restrictions, the Office of Surface Mining
may be able to coordinate its use of funds with other agencies,
but it has not yet participated in any SAMAB-sponsored effort.
PUBLIC PARTICIPATION
Team members surveyed participants on the effectiveness of current
regional public involvement efforts. The focus of survey findings
are on SAMAB because of its role in coordinating regional interagency
cooperation and its designation as a regional demonstration model
for other biosphere reserves.
The primary response from every federal agency consulted in the
study was that there is a need for greater public involvement.
The most common reason cited for limited current efforts is the
lack of specialized staff able to devote full time to the work.
Typically, public involvement work is a secondary assignment for
a staff member with expertise in natural resource management,
not education. The result is that public education and/or involvement
is often limited to one or two standard media, such as brochures,
videos, or blurbs in internal newsletters.
Cooperative partners in ad hoc environmental projects often hold
conferences related to the projects, which attract interested
parties and publish proceedings that primarily interest scientists
and specialized audiences. The general public is seldom a target
for education by these partners, whether they are NGOs or federal
and state agencies. Agency officials, however, recognize that
public affairs work (such as marketing or opinion surveys) is
important for getting the publics informed consent for projects.
Public Education Efforts
Efforts to educate the public on environmental issues in the Southern
Appalachians range from individual initiatives by NGOs or federal
agencies to joint programs under the SAMAB umbrella.
SAMAB programs. In SAMABs original 1988 charter, the cooperative
agreement work plan calls for "developing and implementing
a voluntary environmental education program with the public school
systems of the region and with other interested organizations."
The organizational chart of SAMAB includes public affairs as one
of six standing committees, and a proposal is being considered
to add a marketing committee that would "promote the organization
within the region and pursue linkages with major national initiatives."
In its May 1994 newsletter, SAMAB identifies "insufficient
public education" as a cultural issue that "merits attention
and resources." Apparently, there is a necessity for more
effort in this area to meet SAMABs objectives.
SAMAB sponsors videos and publications designed to educate the
public. Its most recent successful effort was an Emmy Award-winning
video titled "Front Runner," about the reintroduction
of the red wolf on the Great Smoky Mountain National Park. SAMAB
prepared an accompanying teachers guide and a highly popular poster.
A SAMAB-sponsored publication on the demise of the dogwood was
so successful that the Izaac Walton League reprinted 250,000 copies.
The 1993 video "Downstream from the Mountains to the Ocean"
has been popular at public meetings because it illustrates the
concept of a watershed ecosystem by tracing a raindrops path from
a mountain stream to the sea.
But SAMABs primary outreach efforts and strength lie in the conferences
and workshops that it sponsors. In March 1992, for example, a
SAMAB-sponsored forum on air quality held in Gatlinburg, Tennessee,
drew attendees from a wide array of stakeholder groups, including
citizens associations, academic institutions, private industries,
and federal and state agencies. Due to its nonpartisan reputation,
SAMAB was able to bring to the table groups that had not been
cooperative in the past, resulting in the formation of the Southern
Appalachian Mountains Initiative.
Publications and proceedings from these gatherings help develop
a data base as the foundation for a regional program under the
ecosystem approach that coordinates the efforts of federal and
state agencies, private industry, environmental groups, and interested
citizens. But one limitation of such workshops and conferences
is that the specialists there usually talk among themselves. Science
must be translated so it can guide policy decision making and
be integrated into educational materials for the public.
Federal agencies. The Oak Ridge National Laboratories are aware
of the need to gather socioeconomic data in order to include public
opinion in plans related to the ecosystem approach. Toward that
end, the Laboratories are conducting an EPA-funded collaborative
research project. Called "Relating Ecological Indicators
to Societal Values," the project involves researchers from
the Institute for Public Policy Studies at Vanderbilt University.
A similar study that considers area political economy as it relates
to national forests in the region is "The Living Landscape,
Charting a New Course: National Forests in the Southern Appalachians"
(Wilderness Society 1994). The impact on TVA of proposals to reinvent
the government is reported in "Sound River Management: Fiscal
Year 1994 Pilot Program Plan." Narrower in scope are articles
such as "Whats Killing All the Fir Trees?" and "Fungal
Disease Kills Park Dogwoods" in the National Park Service
newsletter "Smokies Guide." A Great Smoky Mountains
National Park employee mentioned that other general public education
is in the hands of park interpreters. The Fish and Wildlife Service
educates the public about endangered species through information
sheets prepared in its Asheville, North Carolina, office. Although
outreach efforts are varied overall, most are in the form of a
specialized publication that reaches a limited audience. However,
it was reported that NGOs receive environmental information from
federal agencies very quickly.
Nongovernmental organizations. At the local level, NGOs offer
interested residents a chance to participate in meetings on specific
topics of immediate concern. The Little Tennessee Watershed Group,
based in Franklin, North Carolina, is one such group. A chapter
of the Western North Carolina Alliance motivated many local residents
to work together with city officials on river cleanup projects.
The partnership is largely successful because the leader of the
local chapter is an active facilitator.
Opportunities
Several opportunities and suggestions for public outreach on environmental
problems and initiatives in the region were brought out during
interviews and are summarized below, in no particular order.
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Constraints to public outreach efforts on environmental issues
in Southern Appalachia are embedded in the regions history and
the fundamental socioeconomic changes currently underway.
Rapid transformation in the Southern Appalachians political economy
has created an urgent need to educate the public about the need
for a healthy natural resource base as the key to preserving quality
of life. Local economies are swiftly changing from farming to
tourism and recreation, a change brought on by the regions major
new highways, which are bringing an influx of tourists, seasonal
residents, and retirees, who now have easier access to the region.
In addition, the traditional absence of opportunities to generate
income from manufacturing remains.
As a result, local officials tend to view subdivisions as another
source of growth, ignoring the limited ability of rural ecosystems
to support unregulated development. In order to build consensus
between feuding developers and environmentalists, both sides must
be persuaded that there cannot be a long-term stable economic
base without strong measures to natural resources, and that the
environment cannot be protected without a strong economy.
Communication is most needed at the county level, where federal
and state land use policy and programs are not always enforced.
The desire of local officials to boost the areas economy by fostering
urban-rural migration, the need for cash by traditional landowners
whose children no longer view farming as a viable occupation,
and a tradition of independence among rural residents who believe
strongly in private property rights contribute to this problem.
Attitudes do vary, of course, resulting in different kinds of
development, ranging from the extreme strip commercialism found
in Pigeon Ford and Gatlinburg, Tennessee, to the nearby planned
community of Pittman Center. Community planning or zoning is still
rare in the region, but education may induce people to endorse
planned development, as long as it is perceived as originating
locally and not imposed by government regulation.
Government regulation is strongly resisted in this region. The
private sector fears the idea of ecosystem management, but is
receptive to the concept of sustained-use stewardship. Property
owners are sometimes reluctant to permit biological surveys on
their lands, fearing that if federally listed threatened and endangered
species are found, their property rights will be restricted. As
a result, SAMAB has focused on federal lands, leaving an information
gap in the natural history record. This issue poses problems for
the National Biological Service, as well. Any public education
in the region must consider the views of local landowners and
stress cooperative stewardship.
Many people in the region distrust ecosystem management because
they think it puts the interests of wild species ahead of those
of people. If all federal agencies (including those that support
economic development, social services, and similar programs) were
involved in a coordinated effort to address ecological principles
as they apply to human needs (such as affordable housing and transportation),
ecosystem management could be made more inclusive. This could
make the ecosystem approach seem more people-friendly-more favorable
to economic interests-and resistance to ecosystem management in
the region might be overcome.
SCIENCE AND INFORMATION
During its interviews, the survey team focused on increasing its
understanding of how interorganizational coordination of science
and information benefits current practices under the ecosystem
approach, and what opportunities for-and constraints to-the ecosystem
approach emerge from interorganizational coordination of science
and information. In addition, the survey team elicited suggestions
from participants on improving science and information contributions
to the ecosystem approach.
Coordination of Science and Information Activities
The survey team learned that there is a wealth of regional scientific
information that is being shared with nonscientists throughout
the region. Research and monitoring examples come primarily from
Oak Ridge National Laboratories and Forest Service researchers.
Interviews revealed that common resource problems, such those
affecting bears and neotropical migratory birds, have helped to
bring the Forest Service, National Park Service, and states together
on research projects. Threatened and endangered species and opportunities
for the ecosystem approach have motivated agencies to cooperate
on larger scales than found in any single land management unit.
The team learned that research at Oak Ridge National Laboratories
is driven more by science issues than by policy needs, focuses
on national issues, does not have a specific regional interest
in Southern Appalachia, and does not focus its resources solely
within the region. When its research interests do coincide with
those of others in the region, the Oak Ridge National Laboratories
cooperate and become very much involved. Scientists from the Laboratories
do not rely extensively on SAMAB to coordinate research or to
provide advice or consent, and they have not yet been brought
through the National Biological Service to work extensively with
researchers on Great Smoky Mountains National Park. Similarly,
Great Smoky Mountains National Park cannot usually postpone park
work to release people for interagency research work.
The Forest Service Coweeta Research Station supports interdisciplinary
watershed research through a terrestrial and aquatic ecosystem
management research program that started in 1990. This program
involves forest supervisors in its planning stages, and facilitates
information sharing through semiannual meetings. The Coweeta Station
also sponsors research on ecological classification systems. It
gets guidance from the SAMAB research and monitoring committee
and through its partnership with the Oak Ridge National Laboratories
and Great Smoky Mountains National Park in the interorganizational
neotropical migratory bird program Partners In Flight. Rather
than seeking competitive funding on its own, the Coweeta Station
works through SAMAB to secure cooperative and leveraged funding
relationships. It contributes to a nationally focused interdisciplinary
project that relates economic and social factors to land use and
landscape patterns and to their effects on regional sustainability
in Southern Appalachia and on the Olympic Peninsula in Washington.
The Forest Service also participates in air quality projects and
in a research-oriented regional forest health monitoring program.
However, the Coweeta research program has a somewhat limited interaction
with Great Smoky Mountains National Park, even though some of
its research is of direct value to park management.
In their programs, the Oak Ridge National Laboratories and Coweeta
Station work together and with other federal and state agencies
as well as NGOs. Federal partners include the Department of Energy,
EPA, U.S. Geological Survey, U.S. Global Change Research Program,
National Aeronautics and Space Administration, National Oceanic
and Atmospheric Administration, National Park Service, National
Science Foundation, and TVA. State partners include Tennessee
and Georgia. The Coweeta Station and Oak Ridge National Laboratories
also maintain relationships with a host of NGOs, including the
Electric Power Research Institute, The Nature Conservancy, and
many universities.
There is much more research that is focused on specific areas
and contributes to the ecosystem approach in the region. The Nature
Conservancy conducts aquatic mussel surveys and relies on SAMAB
to provide necessary extensive contacts with landowners throughout
the area. The state of Georgia coordinates trout management studies
with the Forest Service and works with SAMAB to study and monitor
dogwood anthracnose and forest health. The National Biological
Service is developing a monitoring program for Great Smoky Mountains
National Park and the Blue Ridge Parkway, and it relies on SAMAB
to help integrate park information into a larger monitoring program.
Research information is exchanged throughout the region among
scientists, between scientists and managers, and between scientists
and citizens. Information sharing among scientists is continual
and generally operates on trust because of individual interests
in the SAMAB region. The sharing of data ownership among scientists
is less open.
General information is shared through several mechanisms, including:
annual research symposia focused either on research topics sponsored
by the Oak Ridge National Laboratories, or on SAMAB-sponsored
research sites within Southern Appalachia; annual meetings attended
by federal, state, and university scientists; science education
programs provided by the Oak Ridge National Laboratories onsite
to students from elementary through high school and through a
high school honors program; Great Smoky Mountain National Park
science meetings; newspaper stories; and hiker education by researchers
on park trails.
In other cases, research information is disseminated through the
Natural Resources Conservation Service or state forestry programs.
The Forest Service also disseminates technical information through
its Cradle of Forestry Center, which focuses on environmental
education, forestry in transition, the ecosystem approach, and
species and environmental relationships. The Centers programs
teach the teacher, relate to the North Carolina school curriculum,
and function as part of a group of environmental education sites
that include the Bent Creek Demonstration Forest, North Carolina
Arboretum, Blue Ridge Parkway, and North Carolina State Fish Hatchery.
Efforts aimed at synthesizing information and assessing the regions
current condition include:
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The purpose of SAMAB is to promote the sharing of scientific and
management information and to increase environmental awareness
in both natural and cultural resource arenas. The organization
fulfills its purpose through its extensive regional network and
through its easy mechanism for transferring research funds among
partners. In fulfilling its purpose, SAMAB conducts or coordinates
research communication, environmental monitoring and assessment,
air and water quality monitoring, environmental education and
training, and data management. To date, SAMAB has focused primarily
on natural resources and has not directed any measurable effort
to sustainable development or economic issues.
Opportunities
The geographic breadth and diversity of the SAMAB Cooperative
give organizations in Southern Appalachia a real opportunity to
expand cooperation in science and information dissemination. SAMAB
presents this opportunity because it is viewed as a resource and
a facilitator, not as a threat. It is accepted as a translator
of technology and can motivate agencies to refocus their efforts
on joint projects, rather than on independent operations. It can
address issues without additional bureaucracy and can make a difference
with meager resources, guiding land trusts to become effective
partners. It demonstrates that federal science and education organizations
can work with other federal, state, and private organizations.
Overall, it helps to coalesce the many separate mandates of participating
groups. It advances science by increasing awareness about what
other agencies are doing, helping to eliminate duplication of
effort and to encourage software compatibility for data sharing.
The SAMAB Foundation brings together federal and nonfederal funds
to support regional activities, to fund worthy projects outside
the domain of federal members, and to stimulate public involvement
and partnership in projects. Because it is viewed as a facilitator,
SAMAB keeps research and scientific facts and discussions from
becoming embroiled in political debate. Moreover, SAMAB activities
complement the capabilities that TVA brings to the region. Because
TVA is both a federal agency and a utility, it can cooperate in
research with other federal organizations and with the utility
industry.
The Forest Service assessment of regional forests will go beyond
individual forest boundaries. This ecosystemwide approach affords
several opportunities: to make the assessment interagency and
to focus on all relevant scales; to do better inventories; to
use existing data from cooperators rather than to collect new
data; to speed up application of data to planning; and, by providing
analysis results for all forests at the same time rather than
piecemeal, to place forest planning into a broader context.
Constraints
Problems related to science and information in the Southern Appalachians
originate both within the region and outside of it. Following
are examples:
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Interviewee Suggestions
Many interviewees offered suggestions on how to make their research
and information transfer efforts more productive, including:
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The wealth of research, information transfer, and awareness of
common management problems that has developed in the Southern
Appalachians has generated a climate of interagency coordination
that was influential in the formation of SAMAB and continues to
make it effective. The longstanding cooperative spirit among agencies
was partly stimulated by the TVA and the Oak Ridge National Laboratories.
The system-oriented awareness of TVA in particular, with its interdisciplinary
watershed focus, helped pave the way for SAMAB. Because TVA is
a single agency with multiple responsibilities over a single watershed
and a mission focused on the interrelationship of people with
their environment, it has played an important role in creating
the climate of cooperation and information sharing that makes
SAMAB so effective.
Although SAMAB was created through the Man and the Biosphere program,
the regional characteristics that contributed to its development
may exist in other regions as well, whether or not they have a
connections with the Man and the Biosphere program. Several regional
characteristics helped to stimulate formation of SAMAB, including:
a strong, diverse research base; common resource management problems
shared by several land management organizations; widespread mechanisms
to share research information; a recognition that voluntary cooperation
can achieve greater results; and individuals in several agencies
who promote cooperation.
Public and private organizations in Southern Appalachia that conduct
research and monitoring, take inventory, and transfer information
have generated a great deal of data. Still, the region is so large
such activities currently do not meet all identified needs. Planned
ecosystem assessments and data administration systems will improve
the management of existing data and their utility for public information,
and will guide decisions on where additional research, monitoring,
baseline data collection, and information transfer are needed.
RECOMMENDATIONS
After conducting the complete series of surveys and interviews,
the team has developed the following recommendations, based on
themes that recurred throughout the region.
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Boesch, D.F., M.N. Josselyn, A.J. Mehta, J.T. Morris, W.K. Nuttle,
C.A. Minenstad, and D.J.P. Swift. 1994. "Scientific assessment
of coastal wetland loss, restoration, and management in Louisiana."
Journal of Coastal Research, Special Issue No. 20.
Exxon Valdez Oil Spill Trustee Council. 1994a. Annual Restoration
Work Allocation. Anchorage, AK.
Exxon Valdez Oil Spill Trustee Council. 1994b. Exxon Valdez Oil
Spill Restoration Plan. Anchorage, AK.
Exxon Valdez Oil Spill Trustee Council. 1994c. Proceedings of
the Workshop: Science for the Restoration Process; 13-15 April
1994; Anchorage, AK.
Gagliano, S.M., and J.L. van Beek. 1970. Geological and Geomorphic
Aspects of Deltaic Processes, Mississippi Delta System. Hydrologic
and Geologic Studies of Coastal Louisiana, Report 1. Baton Rouge,
LA: Louisiana State University, Center for Wetland Resources.
Gagliano, S.M., and J.L. van Beek. 1975. "An approach to
multiuse management in the Mississippi Delta system." In:
Deltas: Models for Exploration, ed. M.L. Broussard, pages 223-238.
Houston, TX: Houston Geological Society.
Gagliano, S.M., and J.L. van Beek. 1993. A Long-Term Plan for
Louisianas Coastal Wetlands. Baton Rouge, LA: Louisiana Department
of Natural Resources, Office of Coastal Restoration and Management.
Governors Office of Coastal Activities, Science Advisory Panel
Workshop. 1994. An Environmental-Economic Blueprint for Restoring
the Louisiana Coastal Zone: the State Plan. Prep. S.M. Gagliano.
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Interagency Ecosystem Management Task Force. 1995. The Ecosystem
Approach: Healthy Ecosystems and Sustainable Economies. Vol. 1:
Overview. Washington, DC: Government Printing Office.
Interagency Ecosystem Management Task Force. 1995. The Ecosystem
Approach: Healthy Ecosystems and Sustainable Economies. Vol. 2:
Implementation Issues. Washington, DC: U.S. Department of the
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Interstate Commission on the Potomac River Basin. January 1988.
Anacostia: The Other River. Washington, DC.
Kemp, P. 1993. Testimony Before the Panel on Scientific Principles
of Coastal Wetland Loss, Restoration, and Creation in Louisiana.
27 October 1993. Baton Rouge, LA.
Louisiana Coastal Wetlands Conservation and Restoration Task Force.
1993. Coastal Wetlands Planning, Protection, and Restoration Act:
Louisiana Coastal Wetland Restoration Plan. Main Report and Environmental
Impact Statement. Ten Appendices.
Metropolitan Washington Council of Governments, Anacostia Restoration
Team. November 1991. A Commitment to Restore Our Home River: A
Six-Point Action Plan to Restore the Anacostia River. Washington,
DC.
Templet, P.H. 1994. "Innovative solutions to Louisianas wetland
losses." In: An Environmental-Economic Blueprint for Restoring
the Louisiana Coastal Zone: the State Plan. Appendix: Recommendation
Reports. Report of the Governors Office of Coastal Activities,
Science Advisory Panel Workshop. Baton Rouge, LA.
U.S. Department of the Interior. March 1994. The Impact of Federal
Programs on Wetlands. Vol. 2. A Report for Congress by the Secretary
of the Interior. Washington, DC: U.S. Department of the Interior.
U.S. Fish and Wildlife Service. September 1995. Great Lakes Fishery
Resources Restoration Study: Report to Congress. Washington, DC:
Government Printing Office.
Van Heerden, I.L. 1994. A Long-Term, Comprehensive Management
Plan for Coastal Louisiana to Ensure Sustainable Biological Productivity,
Economic Growth, and the Continued Existence of Its Unique Culture
and Heritage. Baton Rouge, LA: Louisiana State University, Center
for Coastal, Energy, and Environmental Resources.
The Wilderness Society. 1994. The Living Landscape, Charting a
New Course: National Forests and the Southern Appalachians. Morton.
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Terry D'Addio Richard Hayes Bruce Long Mary O'Lone Michael Sweeney Donna Wieting |
Michael Davis Gary Larson Louise Milkman Morgan Rees Robert Szaro Brooks Yeager |
Harvey Doerksen Maurice LeFranc Dave Moses Mark Schaefer John VanDerwalker Susan Huke, Coordinator |
| Steve Cordle | Mike Crosby | Lynn Martin |
| Doug Norton | Robin O'Malley | Greg Ruark |
| Elisabeth Blaug | Bill Breed | Paul Jones |
| Sari Kiraly | Carol Sanders | Bruce Umminger |
| Rich Whitley | Mary Anne Young | Steve Young |
| Ted Boling | David Dickman | David Gehlert |
| Roger Griffis | Jane Hannuksela | Steve Hoffman |
| Jim Havard | Joanne Jones | Sam Kalen |
| Tom Marshall | Ron Mulach | Philip Thompson |
| James Omans | Peter Smith | Molly Whitworth |
| Bill Breed | Roger Griffis | Molly Whitworth |
| Douglas Lawrence | Rob Mangold | Steve Young |
| Scott Cameron | Harvey Doerksen | Mike Donohue |
| Owen Lee | Darrell McElhaney | Jane McNeil |
| Pete Nessen | Roger Normand | Alan Perrin |
| Al Sherk | Claudia Tornblom | Richard Ullrich |
| Chris Wood |
| Joanne Jones | Ron Lauster | Rom Mangold |
| Mary O'Lone | Robert Reichardt |
| Val Chambers | Joanne Jones | Doug Norton |
| Al Sherk |
| Andrea Ray | Larry Shannon | Charles Terrell |
| Diane Gelburd | Susan Huke | Don Knowles |
| Louise Milkman |
| Susan Huke | Louise Milkman | James Pipkin |
| Andrea Ray |
| Susan Huke | Louise Milkman | Mike Sweeney |
| Ray Clark | John Dennis | Terry West |