The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“CALIFORNIA FLOODS EMERGENCY REPAIR ACT OF 1997” mentioning the U.S. Dept of Agriculture was published in the Extensions of Remarks section on pages E553-E554 on March 21, 1997.
The publication is reproduced in full below:
CALIFORNIA FLOODS EMERGENCY REPAIR ACT OF 1997
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HON. VIC FAZIO
of california
in the house of representatives
Thursday, March 20, 1997
Mr. FAZIO of California. Mr. Speaker, today I have introduced the California Floods Emergency Repair Act of 1997.
California experienced a major flood catastrophe during December and January which resulted in nine deaths and an estimated 2 billion dollars' worth of damages to homes, businesses, and property. Agricultural losses are estimated to exceed $150 million, and losses to our national forests exceed $100 million.
Eight national parks in California were damaged including $176 million in damage to one of the National Park System's crown jewels--
Yosemite National Park.
More than 100,000 Californians were evacuated from their homes.
Fortunately, the President, at the urging of the California delegation, has submitted a dire emergency supplemental appropriation request to assist the many emergency agencies who have been working night and day both during the catastrophe and during the recovery period. We owe a great debt to the Federal Emergency Management Agency, the Corps of Engineers, the Bureau of Reclamation, and the Department of Agriculture among many agencies who have provided skilled and timely assistance to many Californians.
During January, flood-fights were a common occurrence in California as the Corps of Engineers worked with State and local officials to repair breached levees, strengthen weak spots, and ensure that further lives and property would not be lost.
The Fish and Wildlife Service announced on January 23 that emergency natural disaster provisions of the Endangered Species Act of 1973 [ESA] are in effect for 42 California counties and will remain in effect throughout the 1997 flood season. Interior Secretary Babbitt has reiterated this pledge to suspend the ESA during this year's flood season.
The purpose of my bill is to give this decision the force of law and to make it crystal clear to those involved in maintenance and repair of our flood control system that Congress stands behind this pledge.
Emergency repair work should go forward without normal ESA consultation and without the specter of costly mitigation once the repairs are made and the Sun is shining.
The bill makes it clear that any work performed by FEMA, the Corps of Engineers, the Bureau of Reclamation, or the National Resources Conservation Service under their emergency authorities, are exempt from provisions of ESA.
My bill also goes one step further. The Corps of Engineers has been directed to do a complete assessment of the flood control system throughout California in order to identify short-term and long-term plans for strengthening the existing system. Such a study may point out the need for maintenance or repairs to damaged facilities that are necessary to bring the facilities to substantially the same condition that existed prior to the floods.
My bill would ensure that the exemption to ESA covers such necessary repairs as well, even if the repairs are pushed past this year's flood season.
Unfortunately, some have seen the catastrophe of the California floods as an opportunity to allow sweeping changes in the Endangered Species Act that would alter it dramatically. Although I believe that some refinements in the ESA may be in order based on our experience base in California and elsewhere, our catastrophe is not the time to consider a major policy overhaul. My bill is a simple exemption linked to the emergency, a concept already given credence by the actions of Interior Secretary Bruce Babbitt and the Fish and Wildlife Service.
I urge my colleagues on the Appropriations Committee and in the House to move the President's request forward with all deliberate speed. California is not the only State affected by winter disasters, and Americans in many parts of the country need this assistance immediately. It is my intention to offer this bill as an amendment to the dire emergency supplemental appropriations bill to put the authority of Congress behind these important considerations.
In short, California faces a significant challenge in assessing and repairing our flood control system, and in restoring the level of confidence of our citizens as the same time we restore our system. While lives and property remain at risk, our normal procedures under the Endangered Species Act must, temporarily, stand aside.
The California Floods Emergency Repair Act of 1997 will ensure that the lives and property of our people will continue to be paramount.
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