Lincoln Chafee: “The Senators from Wisconsin have indeed been diligent with regard to including a provision in this bill to address the…”

“The Senators from Wisconsin have indeed been diligent with regard to including a provision in this bill to address the Fox River matter. However, I am convinced that under these circumstances, assigning the Army Corps with these responsibilities is inappropriate. While it is true that existing water resources law authorizes the Secretary of the Army to remove contaminated sediments in conjunction with operation and maintenance of ongoing navigation projects, the law establishes conditions which must first be met. First, section 311 (c) of the 1990 WRDA requires a joint plan to be developed by the Secretary of the Army and interested Federal, State, and local officials. Regrettably, we do not have such a plan for the Lower Fox River. Second, it is required that the remediation be done, as stated a moment ago, in connection with ongoing operation and maintenance of a navigation project. It is my understanding that the corps no longer performs operation and maintenance activities along the Lower Fox. Third, the law requires that the method to be used for dredged material disposal and the specific responsibilities of the Secretary and other involved parties be provided prior to authorization. The 1990 Water Resources Development Act also requires that sources of funding for the work be identified. Again, regrettably, none of these conditions are met with respect to the Lower Fox.”