**WRITTEN STATEMENT OF**

**JOHN H. DUNNIGAN**

**ASSISTANT ADMINISTRATOR, NATIONAL OCEAN SERVICE**

**NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION**

**U.S. DEPARTMENT OF COMMERCE**

**HEARING ON**

**H.R. 1907, the *Coastal and Estuarine Land Protection Act*,**

**H.R. 3352, the *Hydrographic Services Improvement Act*, and**

**H.R. 1187, the *Gulf of the Farallones and Cordell Bank National
Marine Sanctuaries Boundary Modification and Protection Act***

# BEFORE THE

**COMMITTEE ON NATURAL RESOURCES**

**SUBCOMMITTEE ON FISHERIES, WILDLIFE AND OCEANS**

**U.S. HOUSE OF REPRESENTATIVES**

# October 24, 2007

**INTRODUCTION**

Good afternoon, Mr. Chairman and members of the Committee. I am John H.
Dunnigan, Assistant Administrator for Ocean Services and Coastal Zone
Management within the National Oceanic and Atmospheric Administration
(NOAA). Thank you for the opportunity to testify on the *Coastal and
Estuarine Land Protection Act*, the Hydrographic Services Improvement
Act, and the *Gulf of the Farallones and Cordell Bank National Marine
Sanctuaries Boundary Modification and Protection Act*. My testimony will
focus on NOAA's efforts to establish and implement the Coastal and
Estuarine Land Conservation Program (CELCP), the importance of NOAA's
hydrographic and navigation services and the Administration's views on
these bills.

**COASTAL AND ESTUARINE LAND PROTECTION**

In the FY 2002 Appropriations Act for the Departments of Commerce,
Justice, State and Related Agencies (P.L. 107-77), Congress directed the
Secretary of Commerce to establish a Coastal and Estuarine Land
Conservation Program (CELCP). Codified at 16 U.S.C. 1456d, this program
was created "for the purpose of protecting important coastal and
estuarine areas that have significant conservation, recreation,
ecological, historical, or aesthetic value, or that are threatened by
conversion from their natural or recreational state to other uses."

The CELCP is designed to allow states and local communities to engage
willing sellers interested in seeing their land protected for future
generations. These projects often have strong community support,
including local public and private financial contributions. The CELCP
can help states address the wide range of national objectives of the
Coastal Zone Management Act, including:

-   Protecting natural beach and dune systems to reduce impacts from
    erosion and storms,

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-   Protecting ecologically important coastal habitats,

-   Controlling non-point source pollution, and

-   Improving public access and recreational opportunities in coastal
    areas.

As directed by Congress, NOAA developed guidelines delineating the
criteria for grant awards and for distribution of funds for the CELCP.
These guidelines have been used to administer the program to ensure
projects provide long-term protection, serve a public benefit, and will
be managed to protect the important ecological, conservation,
recreational, historical and aesthetic values for which they were
acquired. The guidelines also set the framework for distributing
available funds, which consists of three elements: (1) development of
state coastal and estuarine land conservation plans to guide selection
of projects; (2) a state process to identify and nominate projects for
competitive funding at the national level; and (3) a national
competitive ranking and selection process.

Consistent with H.R. 1907, the CELCP guidelines require each
participating state to develop a plan that identifies priority needs for
land conservation within the state, including the values to be
protected. These state plans were envisioned as the basis for a
competitive funding process under the CELCP. They also are a means of
bringing together a broad range of stakeholders to identify shared
conservation priorities. With NOAA's assistance, most coastal states are
developing CELCP plans. So far, 23 states have completed draft plans for
NOAA's review.

NOAA has worked with state and local governments to administer more than
149 CELCP grants funded in FY 2002-2007, carrying out 131 projects
involving 97 different recipients. These projects have been located in
26 out of the 34 eligible coastal states. Projects have ranged in size
from a quarter of an acre to more than 10,000 acres, protecting small
urban waterfront properties to large complexes of wetlands and forested
uplands. In addition to habitat conservation, these projects have also
been used to provide recreational access to the coast by the public. To
date, more than 26,000 acres have been acquired in fee and 650 acres
through conservation easement.

The CELCP has provided a means to leverage limited conservation dollars
through matching contributions. As required by statute, federal funding
under the CELCP has been matched 1:1 with non-federal funds. This has
been achieved primarily in the form of cash or in-kind acquisition of
other conservation properties. In a number of cases, local governments
have also established stewardship agreements in partnership with
non-governmental organizations, such as local land trusts, to help
manage the properties for long-term protection.

**COMMENTS ON H.R. 1907**

The Department supports the overall goals of this legislation, yet we
are concerned that the bill simultaneously reduces the ratio for the
non-federal cost share while also significantly expanding the sources
for meeting the non-federal share. Building on NOAA's existing Coastal
and Estuarine Land Conservation Program established by P.L. 107-77, the
bill creates a voluntary, competitive grant program that gives willing
sellers an opportunity to conserve their lands for future generations
and gives states a lead role in determining which areas need to be
protected. This program would protect important coastal land, such as
wetlands, which provide habitat for fish and shellfish, offer protection
against coastal flooding and erosion, and filter pollutants.

As a cost-sharing program, this legislation leverages federal funding
with state, local and private sources, and provides an incentive for
cooperative conservation efforts at the state and local level. However,
H.R. 1907 reduces the non-federal cost share for this coastal grant
program, which limits the leveraging power of these funds. The statute
(P.L. 107-77) currently requires a 50 percent contribution from
non-federal sources for each grant. H.R. 1907 would reduce the amount of
the non-federal share required for matching grants awarded to 25 percent
and also expand the types of costs and in-kind contributions that could
be counted as a non-federal match. To date, participating states,
communities, and other non-federal entities have generally been able to
meet the matching requirements of the CELCP by contributing cash or
other in-kind value. It is important to maintain high levels of
non-federal support for grants awarded under the program to ensure that
limited federal funds go further to protect more of these important
lands. As such, we support the current CELCP matching ratio of 1:1.

Also, H.R. 1907 expands the sources of non-federal costs by allowing the
value of land that is held by a nongovernmental organization to be used
as a non-federal match if it is held in perpetuity by a qualified
conservation organization. We are concerned that such a "third party"
match would create a financial liability for the grant recipient, who
will not own or have control over the management of the property. We are
also concerned that there is no exchange of value between the "third
party" and the grant recipient. Further, we would like to see section
3(g) expanded to provide assurances that lands used as in-kind match
will be managed in perpetuity and not converted to other uses. This
provision currently applies only to lands acquired with funds under the
program.

Finally, the Department recommends that H.R. 1907 either amend or
replace the existing language from the FY 2002 Appropriations Act, as
codified at 16 U.S.C. 1456d, that established the existing CELCP. This
change would provide a single authority under which the program would
operate and a seamless transition from NOAA's current CELCP guidelines
and program implementation.

**NOAA's HYDROGRAPHIC AND NAVIGATION SERVICES**

NOAA's hydrographic services have a long and rich history. Two hundred
years ago, when President Jefferson signed the legislation creating the
Survey of the Coast, he knew that efficient maritime commerce and border
defense were essential to the nation's prosperity and security. Today
the need for accurate nautical charts and NOAA's hydrographic services
has never been more important. Thousands of vessels enter America's
ports daily, carrying cargo to drive our economy and provide our energy
needs. Waterborne commerce is a backbone of the U.S. economy; it is a
one trillion dollar industry supporting more than 13 million U.S. jobs.
Over 98 percent of the tonnage and more than 50 percent of the value of
our foreign trade is conveyed via the maritime transportation system.

Without the hydrographic services and products provided by NOAA, these
seemingly routine transits would face the threat of costly delays and
safety risks. The role of hydrographic services in preventing economic
disruptions and protecting coastal populations and resources goes
largely unnoticed until devastating events like the Exxon Valdez spill
or hurricane Katrina occur. It is imperative that NOAA's programs that
provide these valuable hydrographic services continue to be supported
through reauthorization of the *Hydrographic Services Improvement Act*
(*HSIA*).

The *HSIA* was first enacted in 1998 and amended in 2002. The *HSIA*
authorizes the NOAA Administrator to fulfill the hydrographic data
gathering and dissemination duties of the Administration required to
ensure safe navigation for the Nation. More specifically, the HSIA
provides the NOAA Administrator the authority to:

-   Promulgate standards for hydrographic data,

-   Ensure comprehensive geographic coverage of hydrographic services,

-   Maintain a national database of hydrographic data,

-   Provide hydrographic services in uniform, easily accessible formats
    (i.e. nautical charts),

-   Enter into and award contracts for the acquisition of hydrographic
    data and services,

-   Procure, lease, evaluate, test, develop, and operate vessels,
    equipment, and technologies necessary to maintain operational
    expertise in hydrographic data acquisition and hydrographic
    services,

-   Use hydrographic data to support the conservation and management of
    coastal and ocean resources, and

-   Provide hydrographic data and services in response to natural and
    man-made disasters.

**COMMENTS ON H.R. 3352**

NOAA appreciates your work to reauthorize HSIA and supports the general
intent of H.R. 3352. In addition to reauthorizing the underlying mission
to support safe and efficient commerce, H.R. 3352 supports the other
diverse applications of NOAA's hydrographic data and services. However,
NOAA cannot fully support H.R. 3352. Of primary concern, is the
requirement in Section 3(2)(B) that NOAA "shall" contract for the
acquisition of hydrographic data through "sub-chapter VI of Chapter 10
of title 40, United States Code," commonly referred to as the *Brooks
Act*. NOAA should have discretion in using the *Brooks Act* or other
contracting mechanisms. This discretion would allow NOAA to use
qualifications-based selection procedures while achieving best value.
The Administration recommends "shall" be replaced with "may" to provide
NOAA with this discretion.

NOAA believes very strongly that the findings and purposes in the
Administration's bill should be included in H.R. 3352. The findings and
purposes make important statements about the value and ongoing
importance of NOAA's hydrographic and navigation services and the ocean
and coastal mapping and observing programs under the Office of Coast
Survey (OCS), National Geodetic Survey (NGS), and the Center for
Operational Oceanographic Products and Services (CO-OPS). NOAA's
hydrographic activities and expertise ensure the American public of
federal support for navigation safety in U.S. waters, efficient maritime
commerce, and economic security for the U.S. Marine Transportation
System and homeland security.

NOAA would prefer the language provided in the Administration's bill
"The Administrator shall have the authority to create, support and
maintain such joint centers, and to enter into and perform such
contracts, leases, grants, or cooperative agreements as may be necessary
to carry out the purposes of this Act" to replace Section 3(2)(D)(5).
This authority bolsters and will facilitate NOAA's ability to deliver
timely hydrographic information and tools (i.e., nautical charts and
accurate water levels).

NOAA applauds H.R. 3352 Section 3(3) for recognizing the role
hydrographic data and services play in support of ocean and coastal
resource management, saving life and property, emergency response, and
homeland security. The programs and activities authorized by the *HSIA*
are important in the national response to natural and man-made
disasters. For example, NOAA experts discovered the submerged wreckage
of TWA Flight 800, took some of the first aerial images of Ground Zero
after 9/11, and provided a substantial and vital response to hurricanes
Katrina and Rita, including surveying affected waterways to facilitate
the reopening of 13 major ports to commerce and relief efforts.
Hydrographic and navigation services are linked to maritime technology
development and transportation improvements. The oceanographic and
geospatial information provided by NOAA's hydrographic data and services
also supports habitat conservation and fishery management, as well as
oil and hazardous spill responses.

**h.r. 1187: THE GULF OF THE FARALLONES AND CORDELL BANK NATIONAL MARINE
SANCTUARIES BOUNDARY MODIFICATION AND PROTECTION ACT**

NOAA agrees with the underlying purpose of H.R. 1187, the *Gulf of the
Farallones and Cordell Bank National Marine Sanctuaries Boundary
Modification and Protection Act*, which is to protect sensitive and
nationally significant marine areas along the California coast. The
concept of extending sanctuary protection to the Sonoma County coast has
enjoyed broad constituent support in the region. The advisory councils
for the Cordell Bank and Gulf of the Farallones national marine
sanctuaries have expressed support for extending sanctuary protections
to the entire Point Arena upwelling system. In addition, many
constituents along the Sonoma Coast have voiced support for sanctuary
expansion during the process to revise the management plans for the
three central California national marine sanctuaries.

However, we are concerned: (1) that pursuing these changes through
statute rather than regulation presents a number of disadvantages (2)
that some of the prohibitions and related exemptions in the bill are too
specific to allow for adaptive management; and (3) with some technical
aspects of the boundary adjustment for Cordell Bank National Marine
Sanctuary.

As a general matter, NOAA prefers to manage human activities in national
marine sanctuaries through the federal regulatory process rather than
through statutory requirements. NOAA's regulations for national marine
sanctuaries are developed through public process where stakeholders and
other constituents are given multiple opportunities to provide input.
Although the regulatory model can take more time to complete, we feel it
encourages much higher levels of participation and compliance by the
regulated public. In addition, this process would allow NOAA to evaluate
the appropriateness of new potential uses of Sanctuary resources. For
example, the area considered for inclusion in sanctuaries has potential
for both wind and wave energy projects as it includes a large upwelling
region which is made possible by the strong winds that characterize
Point Arena. The area is also adjacent to a major urban center with
substantial energy needs as well as a high interest in meeting those
needs with renewable resources. A full public process provides NOAA a
mechanism to weigh the needs and priorities of the region and the goals
and objectives of the Sanctuary in an open and transparent setting.
Moreover, working through this process would allow NOAA to more fully
consider any additional resource requirements, which could then be
evaluated and prioritized in developing Presidential Budget requests.

NOAA is also concerned with the specificity of the new statutory
prohibitions and related exemptions that would be established by the
bill. The statutory prohibitions listed in section 6 of the bill would
become effective immediately upon enactment of the bill and without any
opportunities for public input.

Finally, NOAA would like to identify two technical issues with the
proposed boundary adjustment for the Cordell Bank National Marine
Sanctuary. First, the boundary adjustment appears to cut off part of the
existing sanctuary in the southwest corner adjacent to the shared
boundary with the Gulf of Farallones National Marine Sanctuary. Second,
the proposed new boundary appears to cut the Bodega Canyon in half along
the north-south axis. This latter issue was brought to our attention by
the advisory council for the sanctuary. Both of these technical boundary
issues could be easily addressed by moving the western boundary further
to the west. This adjustment would ensure the new boundaries include all
nationally significant resources in the vicinity.

Again, NOAA supports the goals of H.R. 1187 and looks forward to working
with the committee to address our concerns as the bill moves forward.

**CONCLUSION**

Thank you again for the opportunity to offer my thoughts on this
legislation. I will be glad to answer any questions.