[House Report 108-678]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-678

======================================================================



 
                REAUTHORIZE THE NATIONAL ESTUARY PROGRAM

                                _______
                                

 September 13, 2004.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 4731]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 4731) to amend the Federal Water 
Pollution Control Act to reauthorize the National Estuary 
Program, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                       Purpose of the Legislation

    The purpose of H.R. 4731 is to amend section 320 of the 
Federal Water Pollution Control Act (the Clean Water Act) to 
reauthorize the National Estuary Program within the 
Environmental Protection Agency (EPA).

                  Background and Need for Legislation

    Estuaries, which are partially enclosed waterbodies where 
freshwater from land drainage through rivers or streams flows 
into an open sea or the ocean, are unique and highly productive 
waters that are important to the ecological and economic bases 
of our nation. In particular, fisheries, wildlife, recreation, 
and tourism are heavily dependent on healthy estuarine systems. 
Yet, despite their value, most estuaries in the United States 
are experiencing stress from physical alteration and pollution 
often resulting from development and rapid population growth in 
coastal cities and counties. In the mid-1980s, Congress 
recognized the importance of and the need to protect the 
natural functions of estuaries. As a result, in 1987, as part 
of P.L. 100-4, the 1987 amendments to the Clean Water Act, 
Congress amended the Clean Water Act to add a new section 320, 
authorizing the National Estuary Program.
    The National Estuary Program is designed to promote 
comprehensive planning for long-term protection of estuaries 
through collaborative voluntary efforts of Federal, State, 
local, non-profit, and private interests. Once a Governor 
nominates an estuary for inclusion in the National Estuary 
Program, and if EPA determines the estuary is ``nationally 
significant,'' it is accepted, and becomes eligible for 
technical assistance and grant funding. Then a collaborative 
decision-making process begins where stakeholders develop and 
implement long-term management plans, called ``Comprehensive 
Conservation and Management Plans'' (CCMPs). CCMPs are to 
recommend priority actions and schedules to protect the 
estuaries, restore and maintain their chemical, physical, and 
biological integrity, and control pollution sources. 
Stakeholders may include State and local governments, Federal 
officials, private and non-profit interests, industrial, 
recreational, or other user groups, and academic or scientific 
experts. The goal is for the stakeholders to be partners in 
developing and implementing the CCMPs.
    Once it accepts an estuary into the National Estuary 
Program, EPA supports the effort with technical assistance and 
grants. Twenty-nine of the approximately 130 estuaries in the 
United States have been incorporated into the National Estuary 
Program. Each National Estuary Program estuary has completed 
its planning process and has begun CCMP implementation.
    In 2000, in P.L. 106-457, Congress reauthorized section 320 
through fiscal year 2005, added authority to assist in funding 
of CCMP development and implementation, and increased the 
authorization ceiling for the National Estuary Program to $35 
million per year.

                       Summary of the Legislation


Section 1. Reauthorization of the National Estuary Program

    Section 1 of H.R. 4731 amends section 320 of the Clean 
Water Act to extend the authorization of appropriations of $35 
million per year in support for the National Estuary Program 
through fiscal year 2010.

            Legislative History and Committee Consideration

    The Water Resources and Environment Subcommittee held a 
hearing on H.R. 4731 and other legislation on July 8, 2004. 
Testimony was given by a representative of the Association of 
National Estuary Programs.
    The Water Resources and Environment Subcommittee met on 
July 15, 2004, to consider H.R. 4731 and other legislation. The 
Subcommittee reported the bill without amendment favorably to 
the Committee on Transportation and Infrastructure, by voice 
vote. The Committee on Transportation and Infrastructure met in 
open session on July 21, 2004, and ordered the bill reported, 
without amendment, to the House by voice vote.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each rollcall 
vote on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no recorded votes taken in connection 
with ordering H.R. 4731 reported. A motion to order H.R. 4731 
reported to the House was agreed to by voice vote.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objective of this legislation are to 
restore and protect estuaries of national significance around 
the nation through the cooperative efforts of Federal, State, 
and local public and private stakeholders.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
4731 from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 10, 2004.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4731, a bill to 
amend the Federal Water Pollution Control Act to reauthorize 
the National Estuary Program.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Susanne S. 
Mehlman (for federal costs) and Gregory Waring (for the state 
and local impact).
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 4731--A bill to amend the Federal Water Pollution Control Act to 
        reauthorize the National Estuary Program

    Summary: H.R. 4731 would extend the authorization of 
appropriations for the Environmental Protection Agency's 
(EPA's) National Estuary Program from fiscal year 2005 to 2010. 
Under current law, $35 million is authorized to be appropriated 
each year through 2005, and enacting this legislation would 
maintain the same authorized annual funding level for 
subsequent years. Such funding would be used to coordinate 
federal, state, and local efforts to protect estuaries. CBO 
estimates that implementing H.R. 4731 would cost $112 million 
over the 2006-2010 period, assuming appropriation of the 
authorized amounts.
    Enacting the bill would not affect direct spending or 
revenues. H.R. 4731 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA) and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: For purposes of 
this estimate, CBO assumes that the bill will be enacted near 
the start of fiscal year 2005 and that the amounts authorized 
will be appropriated for each fiscal year. Estimated outlays 
are based on historical spending patterns for similar 
activities. The estimated budgetary impact of H.R. 4731 is 
shown in the following table. The costs of this legislation 
fall within budget function 300 (natural resources and the 
environment).

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--
                                                                 -----------------------------------------------
                                                                   2004    2005    2006    2007    2008    2009
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending for the National Estuary Program under current law:
    Authorization level \1\.....................................      25      35       0       0       0       0
    Estimated outlays...........................................      25      29      19       5       1       0
Proposed changes:
    Authorization level.........................................       0       0      35      35      35      35
    Estimated outlays...........................................       0       0      14      29      34      35
Spending for the National Estuary Program under H.R. 4731:
    Authorization level \1\.....................................      25      35      35      35      35      35
    Estimated outlays...........................................      25      29      33      34      35      35
----------------------------------------------------------------------------------------------------------------
\1\ The 2004 level is the amount appropriated for that year to EPA to implement the National Estuary Program.
  The 2005 amount is the level authorized under current law for the program.

    Intergovernmental and private-sector impact: H.R. 4731 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local or 
tribal governments. State and local governments would benefit 
from the bill's extension of grants, technical assistance, 
monitoring, and restoration activities for estuaries. Any 
expenditures made by those governments to satisfy the matching 
requirements of the grants would be incurred voluntarily.
    Estimate prepared by: Federal Costs: Susanne S. Mehlman. 
Impact on State, Local, and Tribal Governments: Gregory Waring. 
Impact on the Private Sector: Amina Masood.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 4731 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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):

         SECTION 320 OF THE FEDERAL WATER POLLUTION CONTROL ACT


SEC. 320. NATIONAL ESTUARY PROGRAM.

      (a) * * *

           *       *       *       *       *       *       *

      (i) Authorization of Appropriations.--There are 
authorized to be appropriated to the Administrator not to 
exceed $35,000,000 for each of fiscal years 2001 through [2005] 
2010 for--
          (1) * * *

           *       *       *       *       *       *       *


                                  
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