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. BEILEN-
SON, Mr. BERMAN, Mr. WAXMAN, Mr. TORRES, and Mr. MOORHEAD) in-
troduced 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, Cali-
fornia, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Ballona Wetlands Res-
toration Act of 1993’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds and declares the
following:
(1) Wetlands perform a number of valuable
functions which are important to the ecological and
economic well-being of the Nation, including—
(A) providing contributions to food and
water supplies, flood control, and wildlife re-
sources;
(B) maintaining biological diversity; and
(C) providing natural habitats for many
migratory and resident fish and wildlife species,
including migratory birds, endangered species,
and fish species in commercial and recreational
fisheries.
(2) Over two-thirds of the wetlands that once
existed in the State of California have been severely
degraded or no longer exist.
(3) Over nine-tenths of the wetlands that once
existed in the city of Los Angeles, California, have
been severely degraded or no longer exist.
(4) The Ballona Wetlands constitute the last
remaining wetlands ecosystem of significant propor-
tion located in the city of Los Angeles.
(5) The Ballona Wetlands, though significantly
degraded, support 185 species of birds along the
Pacific Flyway.
(6) The Ballona Wetlands are in imminent dan-
ger of an ecosystem collapse.
(7) If fully restored, the Ballona Wetlands
could—
(A) provide a major fish nursery habitat
for the adjoining Santa Monica Bay;
(B) improve the water quality of Santa
Monica Bay by acting as a natural filtration
system;
(C) provide increased habitat for endan-
gered species and migratory birds; and
(D) provide significant educational oppor-
tunities regarding wetlands functions for per-
sons in surrounding urban areas.
(8) It should be a high priority of the Federal
Government to encourage the full restoration of de-
graded wetlands.
(b) PURPOSE.—The purpose of this Act is to estab-
lish a demonstration program to encourage the full tidal
restoration of the Ballona Wetlands.
SEC. 3. DISCHARGE OF DREDGED OR FILL MATERIAL AT
BALLONA WETLANDS.
(a) EXPEDITED PERMITTING.—Not later than 180
days after the date of the enactment of this Act, the Sec-
retary of the Army shall issue regulations to provide for
expedited consideration of permit applications submitted
under section 404 of the Federal Water Pollution Control
Act for the discharge of dredged or fill material into navi-
gable waters at the Ballona Wetlands, Los Angeles,
California.
(b) PUBLIC HEARINGS.—Regulations issued under
subsection (a) shall provide for notice and opportunity for
public hearings in accordance with section 404(a) of the
Federal Water Pollution Control Act.
SEC. 4. BALLONA WETLANDS DEMONSTRATION PROGRAM.
(a) ESTABLISHMENT.—The Administrator of the En-
vironmental Protection Agency, in consultation with the
Secretary of the Army and the heads of other Federal de-
partments and agencies, shall establish, in accordance
with the requirements of this section, a demonstration pro-
gram to encourage the full restoration of the Ballona Wet-
lands, Los Angeles, California.
(b) MITIGATION CREDITS.—
(1) AWARD.—Under the demonstration pro-
gram to be established under subsection (a), the Ad-
ministrator shall award mitigation credits to persons
who conduct activities for the restoration of the
Ballona Wetlands.
(2) USE.—Mitigation credits awarded under the
demonstration program may be used in obtaining
permits under section 404 of the Federal Water Pol-
lution Control Act for activities to be conducted be-
tween Point Conception, California, and the Mexican
Border.
(3) BANKING.—The Administrator shall estab-
lish a mitigation banking system in order to keep an
accounting of mitigation credits awarded under the
demonstration program.
(4) SALE.—Mitigation credits awarded under
the demonstration program may be sold to third
parties with the approval of the Administrator. The
Administrator shall give priority to third parties who
are engaged in water dependent development in San
Pedro Bay and who are located in the county of Los
Angeles in approving the sale of mitigation credits
under this paragraph.
(c) REGULATIONS.—
(1) DEADLINE.—Not later than 180 days after
the date of the enactment of this Act, the Adminis-
trator shall issue regulations to carry out the dem-
onstration program to be established under sub-
section (a).
(2) CONTENTS.—Regulations to be issued
under this subsection shall contain the following: