[Senate Report 106-193]
[From the U.S. Government Publishing Office]
Calendar No. 328
106th Congress Report
SENATE
1st Session 106-193
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REAUTHORIZING THE COASTAL WETLANDS PLANNING, PROTECTION AND RESTORATION
ACT
_______
October 18, 1999.--Ordered to be printed
_______________________________________________________________________
Mr. Chafee, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 1119]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 1119), to amend the Act of August 9,
1950, to continue funding of the Coastal Wetlands Planning,
Protection and Restoration Act, having considered the same,
reports favorably thereon and recommends that the bill do pass.
General Statement and Background
Wetlands are some of the most unique and important natural
areas on earth. They improve water quality, minimize flood
damage and shoreline erosion, and provide food and habitat for
fish and wildlife. As water moves through wetlands, vegetation
removes nutrients, reduces sediment loads, and processes
chemical and organic waste. Wetlands can also serve as natural
basins, storing excess flood water and protecting adjacent and
downstream property from flood damage. Wetlands also serve as
important habitat for migrating waterfowl, and coastal wetlands
play a critical role in the Nation's fisheries. An estimated 90
percent of the fisheries harvested from the Gulf of Mexico
spend part of their life cycle in Louisiana wetlands and
estuaries.
Despite the current value attached to wetlands, previous
government policy encouraged the destruction and alteration of
wetlands. The National Research Council of the National Academy
of Sciences estimates that 117,000,000 acres of wetlands, or
half of the original total, have been lost in the contiguous
United States since colonial times. California, Ohio, Iowa,
Missouri, Indiana, Illinois, and Kentucky have lost more than
80 percent of their original wetlands. The White House Council
on Environmental Quality reports that while wetlands losses
have dropped dramatically, between 1985 and 1995 the nation
still lost approximately 117,000 acres of wetlands annually.
The problem of wetlands loss is particularly acute in
coastal Louisiana. The majority of wetlands loss is due to the
natural process of subsidence (sinking of wetlands into the
ocean), rather than human development. Over the past 7000
years, a cycle of wetlands creation and loss has occurred in
Louisiana. Each time the Mississippi river changed course on
its route to the Gulf of Mexico, the river built a new delta of
sediment. These deltas later became wetlands. When the delta
wetland areas no longer receive sediment from the Mississippi,
the wetlands slowly break up and subside as the soft sediments
compact. Until 1900, natural subsidence was balanced by new
sediment deposits and wetlands creation. Human activities have
upset this balance. Upstream reservoirs, bank protection
measures and agricultural conservation measures throughout the
Mississippi river and its tributaries have significantly
reduced the amount of sediment carried to the Gulf. The current
high rate of wetlands loss is a result of the great decrease in
sediment deposition while subsidence has remained constant.
According to testimony presented by Dr. Len Bahr, coastal
advisor to the Governor of Louisiana, 40 percent of all coastal
wetlands in the lower 48 states are located in Louisiana and
roughly 80 percent of losses to the Nation's coastal wetlands
is occurring within Louisiana. The loss of Louisiana coastal
wetlands threatens coastal infrastructure, harms wildlife
populations and increases the vulnerability of Louisiana cities
to devastating hurricane damage.
In response to the threat of wetlands loss, particularly
the loss of coastal wetlands, Congress passed the Coastal
Wetlands Planning, Protection and Restoration Act (CWPPRA) in
1990. The Act reserves a percentage of the revenues from the
Aquatic Resources Trust Fund (ARTF) for wetlands conservation
programs. The Aquatic Resources Trust Fund (otherwise known as
the Wallop-Breaux Trust Fund) was created in 1984. The Fund is
divided into a Sport Fish Restoration Account and the Boat
Safety Account. Currently, 18 percent of the revenues collected
for the Sport Fish Restoration Account are used for wetlands
conservation programs. The 18 percent allocation is divided
among three programs; 70 percent goes to the Louisiana Coastal
Wetlands Conservation Program, 15 percent goes to the National
Coastal Wetlands Conservation grants program, and 15 percent
goes to the North American Wetlands Conservation Act grants
program. In 1997 and 1998, funding for all three wetlands
programs was roughly $65 million per year, with around $45
million going to Louisiana and $20 million being split between
the Coastal Wetlands and North American wetlands programs.
These revenues are expected to continue through 2003.
One of the objectives of CWPPRA is to restore rapidly
eroding coastal wetlands in Louisiana. CWPPRA established a
joint Federal-State task force in Louisiana to develop a
comprehensive restoration plan. Since enactment of CWPPRA,
approximately 100 restoration projects have been initiated. The
cost share for projects is 85 percent Federal, 15 percent non-
Federal. Louisiana has also developed a conservation plan with
the goal of achieving no net loss of wetlands in the coastal
area of Louisiana as a result of development activities. Under
CWPPRA, the Federal government has provided $313 million in
planning and construction grants, with the State contributing
$45 million in matching funds. The total State investment in
coastal wetlands conservation has been $193 million.
The North American Wetlands Conservation Act (NAWCA) was
first passed by Congress in 1989. NAWCA was reauthorized by the
Environment Committee in 1998 as part of the Wetlands and
Wildlife Enhancement Act (PL 105-312). NAWCA encourages public
and private partnerships to conserve wetlands for waterfowl,
migratory birds, and other species that depend on that habitat.
Any individual or organization may apply for grants. NAWCA
creates a special council to review projects, as well as a
special fund to support approved projects. The Federal to non-
Federal cost share is 50-50. While NAWCA provides funding for
projects outside of the United States, monies from the Aquatic
Resources Trust Fund must be used for projects in the coastal
United States. NAWCA has funded approximately 280 projects in
46 states with more than 800 partners.
CWPPRA also established the National Coastal Wetlands
Program. Similar to NAWCA, the National Coastal Wetlands
Program focuses on funding estuary conservation and restoration
activities. Unlike the NAWCA, only coastal States (states that
border the Pacific, Atlantic, Gulf of Mexico and the Great
Lakes) and territories can apply for funding. The Fish and
Wildlife Service provides matching grants for acquisition,
restoration, management or enhancement of coastal wetlands. The
Federal-State cost share increases to 75 percent-25 percent if
the State has a trust fund or dedicated recurring source of
monies to acquire coastal wetlands or other natural areas. As
of 1999, over $62.6 million in Federal grant monies have been
awarded to 24 coastal States and 1 U.S. territory.
Legislative History
On May 25, 1999, Senator Breaux introduced a bill (S. 1119)
to continue funding of the Coastal Wetlands Planning,
Protection and Restoration Act. On Wednesday, September 29,
1999, the Committee on Environment and Public Works held a
business meeting to consider S. 1119. The bill was favorably
reported out of committee by voice vote.
Hearings
On July 22, 1999, the Environment and Public Works
Committee held a hearing on coastal legislation in Washington,
D.C.. The hearing focused on six bills: S. 835, the Estuary
Habitat Restoration Partnership Act of 1999; S. 878 a bill to
amend the National Estuary Program; S. 492, the Chesapeake Bay
Restoration Act of 1999; S. 1119, a bill to reauthorize the
Coastal Wetlands Planning, Protection and Restoration Act; S.
522, the Beaches Environmental Assessment, Closure, and Health
Act of 1999; and H.R. 999, the Beaches Environmental Awareness,
Cleanup, and Health Act of 1999. Testimony was provided by the
Honorable Robert G. Torricelli, New Jersey; the Honorable John
B. Breaux, Louisiana; the Honorable Paul Sarbanes, Maryland;
the Honorable J. Charles Fox, Assistant Administrator for
Water, U.S. Environmental Protection Agency; the Honorable
Michael L. Davis, Deputy Assistant Secretary for Civil Works,
Department of the Army; Mr. Martin L. Pagliughi, Mayor, Avalon,
New Jersey; Mr. Ted Danson, President, the American Oceans
Campaign; Ms. Linda Shead, Executive Director, the Galveston
Bay Foundation; Mr. Richard Ribb, Director, Narragansett Bay
Estuary Program, Rhode Island Department of Environmental
Management; Mr. Michael Hirshfield, Senior Vice President,
Chesapeake Bay Foundation; Dr. Len Bahr, Coastal Advisor to the
Governor, State of Louisiana.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee makes evaluation of
the regulatory impact of the reported bill. The reported bill
will have no regulatory impact. This bill will not have any
adverse impacts on the personal privacy of individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 1119 would
impose no Federal intergovernmental unfunded mandates on State,
local or tribal governments. All of its governmental directives
are imposed on Federal agencies. The bill does not directly
impose any private sector mandates.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 14, 1999.
Hon. John H. Chafee, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1119, a bill to
amend the Act of August 9, 1950, to continue funding of the
Coastal Wetlands Planning, Protection and Restoration Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis,
who can be reached at 226-2860.
Sincerely,
Dan L. Crippen.
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Congressional Budget Office Cost Estimate
S. 1119, A bill to amend the Act of August 9, 1950, to continue funding
of the Coastal Wetlands Planning, Protection and Restoration
Act, as ordered reported by the Senate Committee on Environment
and Public Works on September 29, 1999
S. 1119 would reauthorize through fiscal year 2009 programs
carried out under the Coastal Wetlands Planning, Protection and
Restoration Act (CWPPRA). CBO estimates that enacting this bill
would have no impact on the federal budget because these
programs have permanent authority to spend amounts in the
Aquatic Resources Trust Fund (ARTF). The bill would not affect
direct spending or receipts; therefore, pay-as-you-go
procedures would not apply. S. 1119 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would not affect the budgets
of state, local, or tribal governments.
Wetlands Conservative Projects carried out under the CWPPRA
are funded with a portion of the excise taxes deposited into
the ARTF. Specifically, these programs receive annual direct
spending authority equal to the previous year's excise taxes on
fuels used in small engines or 18 percent of that year's
deposits to the sport fish restoration account of the ARTF,
whichever is greater. In 1998, the Transportation Equity Act of
the 21st Century reauthorized the collection of small engine
fuels taxes through fiscal year 2005. CBO estimates that direct
spending authority for these programs will range between $60
million and $70 million annually over the next five years. If
the excise tax is not reauthorized after 2005, spending from
the ARTF would decline significantly.
The CBO staff contact is Deborah Reis, who can be reached
at 226-2860. This estimate was approved by Robert A. Sunshine,
Assistant Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
UNITED STATES CODE--TITLE 16--CONSERVATION
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CHAPTER 10B--FISH RESTORATION AND MANAGEMENT PROJECTS
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Sec. 777c. Division of annual appropriations
(a) Initial distribution
The Secretary of the Interior shall distribute 18 per
centum of each annual appropriation made in accordance with the
provisions of section 777b of this title as provided in the
Coastal Wetlands Planning, Protection, [1] and Restoration Act
(title III, Public Law 101-646) (16 U.S.C. 3951 et seq.).
Notwithstanding the provisions of section 777b of this title,
such sums shall remain available to carry out such Act through
fiscal year [1999] 2009.
(b) Use of balance after distribution
Of the balance of each such annual appropriation
remaining after making the distribution under subsection (a) of
this section, an amount equal to $10,000,000 for fiscal year
1993, $15,000,000 for each of fiscal years 1994 and 1995, and
$20,000,000 for each of fiscal years 1996, and 1997 shall be
used as follows:
(1) one-half shall be transferred to the Secretary
of Transportation and be expended for State
recreational boating safety programs under section
13106(a)(1) of title 46; and
(2) one-half of amounts made available under this
subsection in a fiscal year shall be available for two
years for obligation under section 5604(c) of the Clean
Vessel Act of 1992. The Secretary of the Interior may
make grants for qualified projects in an amount up to
the amount available under this paragraph. Amounts
unobligated by the Secretary of the Interior after two
years shall be transferred to the Secretary of
Transportation and be expended for State recreational
boating safety programs under section 13106(a)(1) of
title 46. In fiscal year 1998, an amount equal to
$20,000,000 of the balance remaining after the
distribution under subsection (a) of this section shall
be transferred to the Secretary of Transportation and
be expended for State recreational boating safety
programs under section 13106(a)(1) of title 46.
(c) Funds available for expenses of investigations and administration
Of the balance of each such annual appropriation
remaining after the distribution and use under subsections (a)
and (b) of this section, respectively, so much, not to exceed 6
per centum of such balance, as the Secretary of the Interior
may estimate to be necessary for his or her expenses in the
conduct of necessary investigations, administration, and the
execution of this chapter and for aiding in the formulation,
adoption, or administration of any compact between two or more
States for the conservation and management of migratory fishes
in marine or freshwaters, shall be deducted for that purpose,
and such sum is authorized to be made available until the
expiration of the next succeeding fiscal year.
(d) Apportionment among States
The Secretary of the Interior, after the distribution,
transfer, use, and deduction under subsections (a), (b), and
(c) of this section, respectively, shall apportion the
remainder of each such annual appropriation among the several
States in the following manner: 40 per centum in the ratio
which the area of each State including coastal and Great Lakes
waters (as determined by the Secretary of the Interior) bears
to the total area of all the States, and 60 per centum in the
ratio which the number of persons holding paid licenses to fish
for sport or recreation in the State in the second fiscal year
preceding the fiscal year for which such apportionment is made,
as certified to said Secretary by the State fish and game
departments, bears to the number of such persons in all the
States. Such apportionments shall be adjusted equitably so that
no State shall receive less than 1 per centum nor more than 5
per centum of the total amount apportioned. Where the
apportionment to any State under this section is less than
$4,500 annually, the Secretary of the Interior may allocate not
more than $4,500 of said appropriation to said State to carry
out the purposes of this chapter when said State certifies to
the Secretary of the Interior that it has set aside not less
than $1,500 from its fish-and-game funds or has made, through
its legislature, an appropriation in this amount of said
purposes.
(e) Unallocated funds
So much of any sum not allocated under the provisions of
this section for any fiscal year is hereby authorized to be
made available for expenditure to carry out the purposes of
this chapter until the close of the succeeding fiscal year, and
if unexpended or unobligated at the end of such year, such sum
is hereby authorized to be made available for expenditure by
the Secretary of the Interior in carrying on the research
program of the Fish and Wildlife Service in respect to fish of
material value for sport or recreation. The term fiscal year as
used in this section shall be a period of twelve consecutive
months from October 1 through the succeeding September 30,
except that the period for enumeration of persons holding
licenses to fish shall be a State's fiscal or license year.
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