I

103D CONGRESS

1ST SESSION H. R. 2764

To establish a demonstration program to encourage the full restoration of

the Ballona Wetlands, Los Angeles, California, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 27, 1993

Mr. HORN (for himself, Ms. HARMAN, Mr. DIXON, Mr. TUCKER, Mr. BEILENSON, Mr. BERMAN, Mr. WAXMAN, Mr. TORRES, and Mr. MOORHEAD) introduced the following bill; which was referred jointly to the Committees

on Merchant Marine and Fisheries and Public Works and Transportation

A BILL

To establish a demonstration program to encourage the full

restoration of the Ballona Wetlands, Los Angeles, California, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Ballona Wetlands Res5 toration Act of 1993’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds and declares the

8 following:
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1 (1) Wetlands perform a number of valuable

2 functions which are important to the ecological and

3 economic well-being of the Nation, including—

4 (A) providing contributions to food and

5 water supplies, flood control, and wildlife re6 sources;

7 (B) maintaining biological diversity; and

8 (C) providing natural habitats for many

9 migratory and resident fish and wildlife species,

10 including migratory birds, endangered species,

11 and fish species in commercial and recreational

12 fisheries.

13 (2) Over two-thirds of the wetlands that once

14 existed in the State of California have been severely

15 degraded or no longer exist.

16 (3) Over nine-tenths of the wetlands that once

17 existed in the city of Los Angeles, California, have

18 been severely degraded or no longer exist.

19 (4) The Ballona Wetlands constitute the last

20 remaining wetlands ecosystem of significant propor21 tion located in the city of Los Angeles.

22 (5) The Ballona Wetlands, though significantly

23 degraded, support 185 species of birds along the

24 Pacific Flyway.
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1 (6) The Ballona Wetlands are in imminent dan2 ger of an ecosystem collapse.

3 (7) If fully restored, the Ballona Wetlands

4 could—

5 (A) provide a major fish nursery habitat

6 for the adjoining Santa Monica Bay;

7 (B) improve the water quality of Santa

8 Monica Bay by acting as a natural filtration

9 system;

10 (C) provide increased habitat for endan11 gered species and migratory birds; and

12 (D) provide significant educational oppor13 tunities regarding wetlands functions for per14 sons in surrounding urban areas.

15 (8) It should be a high priority of the Federal

16 Government to encourage the full restoration of de17 graded wetlands.

18 (b) PURPOSE.—The purpose of this Act is to estab19 lish a demonstration program to encourage the full tidal

20 restoration of the Ballona Wetlands.

21 SEC. 3. DISCHARGE OF DREDGED OR FILL MATERIAL AT

22 BALLONA WETLANDS.

23 (a) EXPEDITED PERMITTING.—Not later than 180

24 days after the date of the enactment of this Act, the Sec25 retary of the Army shall issue regulations to provide for
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1 expedited consideration of permit applications submitted

2 under section 404 of the Federal Water Pollution Control

3 Act for the discharge of dredged or fill material into navi4 gable waters at the Ballona Wetlands, Los Angeles,

5 California.

6 (b) PUBLIC HEARINGS.—Regulations issued under

7 subsection (a) shall provide for notice and opportunity for

8 public hearings in accordance with section 404(a) of the

9 Federal Water Pollution Control Act.

10 SEC. 4. BALLONA WETLANDS DEMONSTRATION PROGRAM.

11 (a) ESTABLISHMENT.—The Administrator of the En12 vironmental Protection Agency, in consultation with the

13 Secretary of the Army and the heads of other Federal de14 partments and agencies, shall establish, in accordance

15 with the requirements of this section, a demonstration pro16 gram to encourage the full restoration of the Ballona Wet17 lands, Los Angeles, California.

18 (b) MITIGATION CREDITS.—

19 (1) AWARD.—Under the demonstration pro20 gram to be established under subsection (a), the Ad21 ministrator shall award mitigation credits to persons

22 who conduct activities for the restoration of the

23 Ballona Wetlands.

24 (2) USE.—Mitigation credits awarded under the

25 demonstration program may be used in obtaining
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1 permits under section 404 of the Federal Water Pol2 lution Control Act for activities to be conducted be3 tween Point Conception, California, and the Mexican

4 Border.

5 (3) BANKING.—The Administrator shall estab6 lish a mitigation banking system in order to keep an

7 accounting of mitigation credits awarded under the

8 demonstration program.

9 (4) SALE.—Mitigation credits awarded under

10 the demonstration program may be sold to third

11 parties with the approval of the Administrator. The

12 Administrator shall give priority to third parties who

13 are engaged in water dependent development in San

14 Pedro Bay and who are located in the county of Los

15 Angeles in approving the sale of mitigation credits

16 under this paragraph.

17 (c) REGULATIONS.—

18 (1) DEADLINE.—Not later than 180 days after

19 the date of the enactment of this Act, the Adminis20 trator shall issue regulations to carry out the dem21 onstration program to be established under sub22 section (a).

23 (2) CONTENTS.—Regulations to be issued

24 under this subsection shall contain the following:
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1 (A) SCALE FOR AWARDING OF CREDITS.—

2 A scale for awarding mitigation credits under

3 the demonstration program. Such scale shall

4 take into account the degree to which an activ5 ity will contribute to the full restoration of the

6 Ballona Wetlands and the availability of other

7 mitigation options.

8 (B) GUIDELINES FOR USE OF CREDITS.—

9 Guidelines for determining how mitigation cred10 its awarded under the demonstration program

11 may be used in obtaining permits under section

12 404 of the Federal Water Pollution Control

13 Act. Such guidelines shall take into account the

14 relation between the ecological and economic

15 benefits of an activity for which mitigation

16 credits are to be awarded under the demonstra17 tion program and the loss of habitat associated

18 with the issuance of a permit for an activity on

19 the basis of such mitigation credits.

20 (d) LIMITATION.—The award of mitigation credits

21 under the demonstration program to be established under

22 subsection (a) shall not be construed to constitute prior

23 approval by any Federal or State agency of any applica24 tion for a permit for which such credits may ultimately

25 be used.
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1 SEC. 5. REPORT TO CONGRESS.

2 (a) IN GENERAL.—Not later than 1 year after the

3 date of the enactment of this Act, and annually thereafter

4 for 5 years, the Administrator of the Environmental Pro5 tection Agency, in consultation with the Secretary of the

6 Army and the Secretary of the Interior, shall transmit to

7 Congress a report on the results of the demonstration pro8 gram to be established under section 4.

9 (b) CONTENTS.—Each report to be transmitted to

10 Congress under subsection (a) shall at a minimum contain

11 the following:

12 (1) An estimate of the total number of acres of

13 wetlands which have been restored under the dem14 onstration program to be established under section

15 4.

16 (2) An assessment of the effectiveness of the

17 demonstration program in achieving the policy set

18 forth in section 2(a)(7).

19 (3) An assessment of the functions of the wet20 lands which have been restored under the dem21 onstration program.

22 (4) An assessment of whether or not establish23 ment of the demonstration program has resulted in

24 more timely completion of mitigation activities under

25 section 404 of the Federal Water Pollution Control
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1 Act or in greater ease of administration of permit2 ting programs under such section.

3 (5) A description of the costs associated with

4 administering the demonstration program.

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