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restoration and creation, expecting some failures <br />in the interest of furthering the science at the <br />expense of the no net loss goal? or do we deny <br />permits because successful mitigation has not been <br />demonstrated? These are not easy questions. <br />How do we measure progress towards the goal? <br />The forum says by acreage and function. But how do <br />we measure function? Functions are difficult or <br />extremely work-intensive to measure. Consequently <br />we use acreage as a surrogate, and prefer that the <br />restoration, creation, or enhancement be of the <br />same type of wetland as that lost through the <br />permit. This is the ideal but, in reality, not <br />always achievable. <br />Do we accept preservation of wetlands as <br />acceptable mitigation? It is obvious that wetlands <br />preservation has great value and benefit to the <br />environment. The proposal now is to accept preser- <br />vation in only certain circumstances because the <br />short-term result could be a net loss of wetlands. <br />And what about mitigation banking? In concept <br />this may be a forward thinking proposal, but the <br />elements of implementation are complex and not yet <br />well-developed. Who will be the sponsor of the <br />bank -- the one with the financial means and the <br />scientific expertise to oversee the design, moni- <br />toring, and maintenance of wetlands? How will this <br />sponsor account for the success of the mitigation, <br />and how will corrective action be financed if the <br />mitigation efforts fail? What accounting method <br />will be used to establish an equitable and repli- <br />cable wetlands debit and credit system? These <br />questions must be addressed in the design of a <br />successful bank. And I think we must have mitiga- <br />tion banking to have a successful no net loss <br />policy. <br />LEGISLATIVE INITIATIVES <br />One legislative initiative that may help attain <br />the no net loss goal is the Farm Conservation and <br />Water Protection Act of 1989 recently introduced <br />in the Senate. <br />The bill, among other things, would establish <br />within the Department of Agriculture a wetland <br />restoration program. The program would allow the <br />Secretary of Agriculture to enter into permanent <br />easement contracts with landowners, compensate the <br />owner and share with the owner the cost of wet- <br />lands restoration, if necessary. The easement <br />would prohibit alteration of wildlife habitat and <br />other natural features, agricultural crop produc- <br />tion, grazing of livestock, spraying of the land <br />with chemicals and any activities on adjacent land <br />that would interfere with or decrease the wetland <br />functions of the easement land. <br />The owners would implement a conservation plan <br />established by the Soil Conservation Service and <br />the Fish and Wildlife Service. <br />The easement contract program would apply to at <br />least 1,000,000 acres of eligible land. <br />There will be other legislation for wetlands <br />protection. We can obviously use the help. <br />CONCLUSION <br />Clearly, we are in the midst of a ground- <br />breaking phase of wetland program development. It <br />is an exciting time in wetlands protection, and we <br />need the combined cooperation of federal, state, <br />and local agencies, the public, and the regulated <br />community to protect these precious ecological <br />systems. <br />31