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STATEMENT OF CHRIS OBERHOLSTER
DIRECTOR of CONSERVATION PROGRAMS, ALABAMA CHAPTER
THE NATURE CONSERVANCY
Before the Subcommittee on Fisheries Conservation, Wildlife and Oceans
Committee on Resources
United States House of Representatives
September 25, 2003


Mr. Chairman and members of the Subcommittee, I appreciate this opportunity to present The Nature Conservancy’s testimony in support of H.R. 2623, legislation to expand the Cahaba River National Wildlife Refuge in Alabama.

The Nature Conservancy is a leading international, nonprofit organization that preserves plants, animals and natural communities representing the diversity of life on Earth by protecting the lands and waters they need to survive. To date, the Conservancy and its more than one million members have been responsible for the protection of more than 14 million acres in the United States and have helped preserve more than 102 million acres in Latin America, the Caribbean, Asia and the Pacific. We currently have programs in all 50 states and in 30 nations.

Thank you, Mr. Chairman for scheduling a hearing on this important piece of legislation. The Conservancy presented testimony to this subcommittee at its hearing on June 8, 2000 that led to the enactment of legislation to establish the Cahaba River National Wildlife Refuge. The US Fish and Wildlife Service is one of our most important conservation partners and we are sensitive to their concerns regarding the continued growth and expansion of the National Wildlife Refuge System particularly in a time of fiscal constraints.

The Conservancy has wrestled with many of the issues the Service is facing. To better orient us to achieve our mission, a framework was created and implemented in the 1990s. We call this framework for mission success Conservation by Design. This framework translates our broad mission into a unifying articulation of common purpose and direction – to align the organization in taking the most effective conservation action to achieve tangible, lasting results at scale.

The reasons for developing and instituting Conservation by Design included a recognition that our core strategy of purchasing land for conservation ownership was inadequate to meet the challenges of protecting biodiversity, that we were not utilizing the best available science to the fullest extent possible, that meeting the costs of operations and maintenance for a system of preserves was not the most leveraged use of our charitable dollars, and that we needed to be more creative and flexible in achieving our conservation goals. Many of these same issues challenge the leadership and staff of the National Wildlife Refuge System.

A key activity in the conservation process outlined in Conservation by Design is the development of ecoregional plans. In fact, the plans are closer to biological assessments – they identify a portfolio of conservation areas and ecological targets within an ecoregion that, if conserved, would protect the full range of biodiversity within that ecoregion. The identification of these portfolio sites – in essence, a blueprint for conservation action -- is the platform for our conservation work. The Conservancy is committed to supporting and working with the Service to see how our experience with large-scale planning can help them craft a vision that meets their needs.

We feel strongly, however, the Service should not halt the expansion of existing Refuges or the creation of new refuges while it develops a strategic vision for the System. We encourage the Service to support limited growth of the system in areas that would contribute significantly to protection of federal trust resources and that enjoy broad public support. The Cahaba River National Wildlife Refuge is one of those places.

Alabama is a Global Hotspot for Biological Diversity
Recent analyses of the biological heritage of the United States reveal that Alabama is one of the richest states in the nation. In the publication States of the Union: Ranking America’s Biodiversity, published by NatureServe and the Conservancy in 2002, scientists ranked states according to four key biological characteristics: diversity, risk, endemism and extinction. Four states in particular stand out as having exceptional levels of biological diversity with respect to all four measures: California, Texas, Hawaii and Alabama. Alabama is ranked 2nd in number of extinct species among the 50 states (second only to the islands of Hawaii), 5th in overall species diversity, 4th in number of species at risk, and 7th in number of endemic species (i.e. those found only in Alabama).

The Southeastern United States is a hot spot for freshwater biodiversity, resulting from the coincidence of a diverse physical geography, favorable climate, and a long but dynamic history. This varied landscape was spared the repeated habitat-crushing advances of continental ice sheets during the Pleistocene era, allowing living things to persist and evolve over time. Over time, changes in climate, stream drainage patterns, and coastline position isolated many populations, enabling them to diverge genetically and evolve into new species. This unique history is evident today in Alabama. Some interesting facts about Alabama’s natural resources include:

¨ Alabama ranks fifth in the nation in terms of biological diversity and, on a per square mile basis, only Florida is home to a greater number of species;

¨ Alabama has more species of freshwater turtles, fish, mussels, snails and crayfish than any other state;

¨ Alabama’s freshwater streams and rivers contain 38% of the nation’s native fish species, 60% of native turtles and 43% of native aquatic snails; and,

¨ Alabama ranks near the bottom of states regarding area of public land designated specifically for the protection of biodiversity and provision of compatible outdoor recreational opportunities.

The Cahaba River and it’s Tributaries are a Unique Resource
The Nature Conservancy has identified the Cahaba River watershed in Alabama as one of these unique conservation opportunities. Almost fifty percent of all documented U.S. species extinctions since European settlement have occurred during this century in the Mobile River Basin, through which the Cahaba River courses. Alabama bears the unfortunate distinction of being the most extinction-prone state in the continental United States, with 98 species extinct.

Within this landscape of species loss, the Cahaba River remains the state’s longest free-flowing river, and one of our nation’s most biologically rich. The Cahaba River basin supports 69 rare and imperiled species, including twelve fish and mussel species that are listed under the U.S. Endangered Species Act. It has more fish species, 131, than any river its size in North America. To put this in perspective, the Cahaba River has more species of freshwater fish than the entire state of California. One of these fish is the Cahaba shiner, which is found only in the mainstem of this river and the nearby Locust Fork. Although the number of freshwater mussels and snails has declined sharply from historical numbers, many species are still well represented in the river.

The Cahaba River is a treasure trove of botanical life as well. As the river flows southward into rural Bibb County, it shelters the largest known stands of the imperiled shoal lily (Hymenocallis coronaria). Celebrated locally as the Cahaba Lily, this spectacular and surprisingly delicate flower grows in the middle of the river, wedging its bulbs into crevices in the sandstone rock. Bibb County is also home to several unique terrestrial plant communities, centered on outcroppings of the unusual Ketona dolomite rock formation. These open gravelly, grassy islands in the otherwise forested landscape are found immediately adjacent to the Little Cahaba River and other tributaries of the Cahaba River, and virtually all examples are in the proposed expansion area of the Refuge. In 1992 scientists discovered eight new species of plants on these dolomite outcrops along the Cahaba’s banks -- a discovery befitting expeditions to uncharted tropical wildernesses.

Partnerships are Important to Manage Threats to the Cahaba River
Until recently, development was kept to a minimum by the steep-sided Appalachian ridges of the Cahaba’s headwater tributaries. However, population growth is pushing residential and commercial development from Birmingham into the Cahaba River watershed, resulting in increased stormwater runoff, sedimentation, and municipal wastewater discharges. At the same time, domestic drinking water withdrawals from the Cahaba divert virtually its entire flow during drought periods. Although threats in the upper watershed are growing, the lower two-thirds of the watershed, where the Cahaba’s biodiversity is most remarkable, is somewhat healthier.

To prevent degradation of this rich biological resource, government agencies, conservation groups, and citizen’s groups are working together to protect the Cahaba’s rare and endemic aquatic species and natural communities from its headwaters to the confluence with the Alabama River near Selma.

In the cities and suburbs situated in the headwaters of the Cahaba River, the Conservancy is working with many stakeholders to implement a comprehensive network of greenways to maintain the water quality of the Cahaba River, the primary drinking water source for the one million residents of the metropolitan area. Participants in this partnership include representatives of a comprehensive array local city and county governments, business and economic development interests, and environmental groups. The Black Warrior-Cahaba Rivers Land Trust, funded by Jefferson County, and the Birmingham Waterworks Board are actively acquiring land to protect riparian buffers in the upper watershed to protect water quality for drinking water and a healthy river.

Along the first thirty miles of the Cahaba River downstream from the suburban edge of Birmingham, there is a strong interest on the part of the State of Alabama in eventually acquiring lands currently leased on a short term basis to establish a permanent Cahaba State Wildlife Management Area for public hunting, fishing, and other outdoor opportunities.

In the lower eighty miles of the river in the Coastal Plain, partners plan to work with farmers and other landowners to help them participate fully in the existing Farm Bill programs such as the Wetlands Reserve Program, Conservation Reserve Program and others. In addition, the Conservancy hopes to acquire inholdings from willing sellers along the Cahaba and its tributaries where they pass through the Oakmulgee Ranger District of Talladega National Forest. In the lower Cahaba watershed, the Conservancy is working in partnership with various city and county governments, the State of Alabama and Alabama Power Company to protect the river and provide public access for recreational purposes.

The Proposed Expansion of the Cahaba Refuge is a Highly-Leveraged Investment
The proposed expansion of the Refuge would expand the list of biological resources protected many-fold. For example, the list of species documented would increase from about five rare plants and 25 rare animals, to at least 66 rare plants and forty rare animal species.

This expansion would provide an outstanding opportunity to protect and recover populations of many Federally listed species on public land. At least twelve Federally-listed plants and animals are present in the area of the proposed expansion (almost ten- percent of the total Federal threatened and endangered list for Alabama). A further four threatened and endangered species were historically present, presenting an opportunity for eventual recovery of these species too.

The proposed expansion area includes virtually all of the unique Ketona dolomite glades, and almost all populations on earth of the eight plants new to science discovered here in the past dozen years. In total the proposed expansion area harbors the world’s largest populations of at least twelve globally imperiled plants on the glades, and in the surrounding forests. Unexpected discoveries of rare animals also continue to be made in the proposed area. A very significant recent (2002) discovery of the Septima’s clubtail dragonfly was made in the Little Cahaba River portions of the proposed Refuge expansion area. Scientists had not seen this globally imperiled species in Alabama, despite intensive searches, since its original discovery and description in the 1940’s.

The proposed expansion would increase direct protection of the banks of the mainstem Cahaba River from three and a half miles to more than twenty miles and more than four miles of the Little Cahaba. Almost as important, it would also add protection for key feeder tributaries and watershed lands that are deemed critical to maintaining the water quality and flow of this biologically rich middle section of the river. These rivers and streams provide extensive high quality habitat for many additional common and rare aquatic animals. These waters are renowned for the healthy populations of game fish such as the Coosa (redeyed) bass, spotted bass and southern walleye, and dozens of other less obvious species.

The proposed expansion lands include extensive remnant and restorable riparian and bluff hardwood forests harboring breeding populations of many migratory songbirds. The federal/state/private Partners in Flight Partnership for North American bird conservation has ranked several of these birds to be declining and of conservation concern, including Kentucky Warbler, Louisiana Waterthrush, Acadian Flycatcher, Swainson’s Warbler and Worm-eating Warbler, amongst others. The proposed expansion offers an opportunity to have large enough areas of stable habitat that would host large viable populations of these declining songbirds over the long term.

The additional lands also present a major opportunity to protect and restore blocks of the longleaf pine forests which once covered the higher, drier ridges. This will contribute to the conservation of the Red-cockaded Woodpecker, and may help the US Forest Service meet recovery objectives for the bird in the nearby Oakmulgee Ranger District. Other declining birds that would gain significant areas of stable habitat are the Northern Bobwhite Quail, Brown-headed Nuthatch, and perhaps, Bachman’s Sparrow.

Several caves are known from the proposed Refuge expansion area, especially along Sixmile Creek. These are biologically unexplored and, based on findings at caves in other nearby counties, quite possibly may harbor unique cave-adapted animals found nowhere else.

The proposed expansion would authorize eventual ownership of up to about 26,000 additional acres. The majority of these additional acres are owned by three landowners; all have indicated a willingness to be included in the expansion, and would be willing to consider selling at fair market value. The Nature Conservancy anticipates that acquisition of the additional 26,000 acres for the Refuge would cost between twenty-five and thirty-five million dollars. The length of time for acquisition of these lands obviously would be contingent on several factors, including the availability of appropriated funding for acquisition.

Ongoing Support for Restoration and Stewardship is Critical for Conservation Success
The expanded Cahaba River National Wildlife Refuge would protect significant habitat for many imperiled and declining birds, fish, mussels and plants, several of which are found nowhere else in the world, but especially unique is the land management partnership emerging between the USFWS, the US Forest Service, The Nature Conservancy, Bibb County, and Hancock timber company. The Conservancy is working with Hancock to develop a timber restoration plan on their lands within the proposed Refuge expansion area. Hancock will harvest the loblolly pine plantations as they become mature, and the Conservancy will assist Hancock in meeting the slightly higher costs of replanting with native mountain longleaf pine rather than simply replanting ecologically inappropriate loblolly pine. In this way, we are getting a major head start on ecological restoration of the area in advance of more permanent protection.

The local citizens from Bibb County strongly support the refuge concept. Included with this testimony is a resolution adopted unanimously by the Bibb County Commission expressing their strong support for the expansion of the Cahaba River National Wildlife Refuge. As direct evidence of their commitment to the Refuge, the Bibb County Commission, in conjunction with the Cahaba River Authority (a committee appointed by the Commission to monitor activities regarding the river) has set aside in escrow $68,000 to support operations and management of the Refuge.

In the spirit of cooperation with local citizens, elected officials, and the federal government, The Nature Conservancy has also pledged $150,000 towards the establishment of this refuge. Service and Conservancy staffs are currently looking into various grant-funding programs, for example through the National Fish and Wildlife Foundation, in an effort to leverage these and the Bibb County funds further.

The Conservancy is currently working on two crucial operations and management projects with Service staff that will result in direct savings to the agency, and allow management and restoration activities to commence on the ground sooner. In collaboration with faculty and students from Samford University, Conservancy land management staff is using Geographic Positioning Systems to develop an accurate and detailed GIS map of the road network in the Refuge for the Service. In close consultation with Refuge staff, Conservancy land managers are also developing a draft Vegetation Management Plan for the Refuge.

Clearly, more acres will result in increased operations and maintenance costs for the Refuge. However, the proposed increase will not necessarily lead to a substantial increase in staffing at the Refuge – one of the primary operating expenses. The planned staffing level of the existing Refuge is six FTEs. When one factors in the strong existing (e.g., Bibb County, The Nature Conservancy and others) and promising new partnerships (e.g., with US Forest Service), the Service will be in a very strong position regarding tangible assistance toward meeting their operations and maintenance needs.

Public Support for Protection of the Cahaba is Strong
A very low percentage of Alabama is publicly owned. Tremendous support exists from people who want additional public recreational opportunities such as hunting, fishing, hiking, and canoeing. Evidence of this support can be seen in the passage of the Forever Wild land acquisition program, which was approved in a statewide referendum by 84% of the voters in 1992. More than one million people -- a quarter of Alabama’s population -- live within a one-hour drive of the Refuge. As proposed for expansion, the Refuge is clearly one of the best areas for an increasingly urban population to maintain their links with their natural heritage, and of critical importance for citizens’ quality of life.

The Nature Conservancy has received hundreds of calls from local citizens, conservation organizations, and public corporations expressing their support for the establishment of the Refuge and inquiring how they can help with this project. Local press coverage indicates strong support and we have not heard of anyone opposed to the expansion of this refuge. In addition to the Bibb County Commission, other supporters include the Cahaba River Society, Cahaba River Authority, Cahaba Trace Commission, Black Warrior-Cahaba Rivers Land Trust, Alabama Department of Conservation & Natural Resources, Alabama Rivers Alliance, and Alabama Environmental Council, amongst others.

Members of the Congressional delegation for Alabama have demonstrated strong support for the Refuge. US Representative Spencer Bachus and Governor (then US Representative) Bob Riley co-sponsored the legislation to establish the Refuge in 2000, and both US Senators Richard Shelby and Jeff Sessions have shown strong support for both establishment and subsequent appropriation of funding for land acquisition. Virtually all land in the original Refuge boundaries have been acquired with funds appropriated within the two federal fiscal years after establishment.

Since the very beginning of this partnership, The Nature Conservancy has been working very closely with the USFWS on the establishment and subsequent management planning and implementation steps. In light of the significant additional biological resource and other public trust values outlined here, and the strong collaborative partnerships that are developing to assist the agency with operations and management, we strongly support this proposed expansion.

The proposed expansion of the Cahaba River National Wildlife Refuge represents an outstanding opportunity to protect a large number of some of the rarest species and habitats in the nation via a remarkable public private partnership. The Nature Conservancy requests Committee support of H.R. 2623.

Thank you for your attention. I would be happy to answer any questions you may have.