[Senate Report 108-312]
[From the U.S. Government Publishing Office]
Calendar No. 670
108th Congress Report
SENATE
2d Session 108-312
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THE DINGELL-JOHNSON SPORT FISH RESTORATION ACT
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August 25, 2004.--Ordered to be printed
Filed, under authority of the order of the Senate of July 22, 2004
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Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 2495]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 2495) to amend the Coastal Wetlands,
Planning, Protection, and Restoration Act to strike limitations
on funding and amend the Dingell-Johnson Sport Fish Restoration
Act to extend the period of authorization for certain coastal
wetland conservation projects, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
General Statement and Background
In response to coastal wetland losses, Congress passed the
Coastal Wetlands Planning, Protection, and Restoration Act
(CWPPRA) that was signed into law in 1990. Commonly referred to
as the Breaux Act, named after Senator John Breaux from
Louisiana who sponsored the legislation, it ensures that State
and Federal moneys are available for coastal restoration and
conservation efforts. CWPPRA authorized a Task Force composed
of representatives from five Federal agencies (Department of
the Army, Environmental Protection Agency, Department of
Commerce, Department of the Interior, and Department of
Agriculture) and the State of Louisiana to develop a
comprehensive approach to restore and prevent the loss of
coastal wetlands in Louisiana. The Task Force is responsible
for preparing and submitting annually to Congress a priority
list of Louisiana coastal wetland restoration projects. Also,
the Task Force is responsible for preparing and submitting
triennually to Congress a plan to identify priority projects
and a scientific evaluation of the effectiveness of such
projects. According to CWPPRA, the goal is to achieve a plan of
no net loss of coastal wetlands as a result of future
development and to ensure long-term conservation of Louisiana's
wetlands. CWPPRA created the Coastal Wetlands Trust Fund to
plan and carry out restoration projects in Louisiana and other
coastal States. The fund is supported by a tax on small engines
and equipment. CWPPRA also allocates a percentage of revenue
from the Aquatic Resources Trust Fund to be used for wetlands
projects.
The Sport Fish Restoration Program was created in 1950 with
the passage of the Dingell-Johnson Act. The Act placed a 10
percent excise tax on some fishing tackle and the moneys are
apportioned to the States for use in sport fish restoration
projects. The Dingell-Johnson Act was expanded with the Wallop-
Breaux Amendments in 1984, which established the Aquatic
Resources Trust Fund and also augmented the excise taxes and
import duties on fishing equipment, recreational boats and
motorboat fuel. The Sport Fish Restoration Program utilizes a
variety of funding sources, including excise taxes on fishing
tackle and trolling motors, import duties, motor boat and small
engine fuel sales, and interest from the Aquatic Resources
Trust Fund. These funds are then used for various conservation,
boating safety and outreach activities.
Objectives of the Legislation
S. 2495 amends section 306 of the Coastal Wetlands
Planning, Protection, and Restoration Act (16 U.S.C. 3955) to
strike certain funding limitations that were in place for
priority project and conservation planning expenditures,
coastal wetlands conservation grants, and North American
wetlands conservation.
S. 2495 amends section 4(a) of the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777c(a)) to extend the period
of authorization for the Dingell-Johnson Sport Fish Restoration
Program until the fiscal year 2019. The funding authorization
for the program was set to expire in 2009.
Section-by-Section Analysis
Section 1. Coastal Wetland Conservation Project Funding.
Subsection (a) amends section 306 of the Coastal Wetlands
Planning, Protection, and Restoration Act (16 U.S.C. 3955) to
strike certain limitations on funding for priority project and
conservation planning expenditures, coastal wetlands
conservation grants, and North American wetlands conservation.
Subsection (b) amends section 4(a) of the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777c(a)) to extend the
period of authorization for the Dingell-Johnson Sport Fish
Restoration Program until fiscal year 2019.
Legislative History
On June 3, 2004, Senator John Breaux introduced S. 2495.
The bill was referred to the Senate Committee on Environment
and Public Works. A full committee business meeting was held on
June 23, 2004, and the committee ordered S. 2495 to be reported
to the full Senate by voice vote without amendments.
Hearings
There were no hearings held on S. 2495 during the 108th
Congress.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 2495 on June 23, 2004. The committee voted
favorably to report S. 2495 by voice vote without amendments.
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 bill does not create any additional regulatory burdens,
nor will it cause any adverse impact 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. 2495 would not
impose Federal intergovernmental unfunded mandates on State,
local, or tribal governments.
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:
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CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
S. 2495, a bill to strike limitations on funding and extend the period
of authorization for certain coastal wetlands conservation
projects, as ordered reported by the Senate Committee on
Environment and Public Works on June 23, 2004.
S. 2495 would extend through fiscal year 2019 the
authorization for programs carried out by the U.S. Fish and
Wildlife Service and the Army Corps of Engineers under the
Coastal Wetlands Planning, Protection and Restoration Act
(CWPPRA). (Under current law, authorization for the three
programs will expire after fiscal year 2009.) The bill also
would eliminate the $100 million cap on funding for these
programs.
Coastal wetland projects and other programs such as sport
fish restoration and boating safety grants are financed by
excise taxes and other collections deposited into the Aquatic
Resources Trust Fund (ARTF). Each program receives direct
spending authority equal to a specified allocation of the
fund's income. For CWPPRA programs, the allocation is the
greater of the previous year's excise taxes on fuels used in
small engines or 18 percent of that year's total ARTF deposits
(up to $100 million a year). For 2004, CBO expects that CWPPRA
programs will receive about $85 million, about 18 percent of
ARTF resources.
CBO estimates that the changes made by S. 2495 would have
no net effect on the Federal budget because the extension of
CWPPRA programs and the elimination of the $100 million annual
cap on funding would not change total spending from the ARTF.
Without reauthorization of CWPPRA programs, funding would be
reallocated to other ARTF programs after 2009. Eliminating the
annual cap on funding for coastal wetlands projects would
increase the relative share of ARTF funding received by CWPPRA
programs after 2008, but would not change total spending from
the fund.
S. 2495 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on State, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis. This
estimate was approved by Peter H. Fontaine, Deputy 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:
* * * * * * *
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[16 U.S.C. 777C--NOV. 29, 1990]
DINGELL-JOHNSON SPORT FISH RESTORATION ACT
* * * * * * *
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, 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 [2009] 2019.
* * * * * * *
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[16 U.S.C. 3955--NOV. 29, 1990]
COASTAL WETLANDS PLANNING, PROTECTION, AND RESTORATION ACT
* * * * * * *
SEC. 3955. DISTRIBUTION OF APPROPRIATIONS
(a) Priority project and conservation planning expenditures
Of the total amound appropriated during a given
fiscal year to carry out this chapter, 70 percent[, not
to exceed $70,000,000,] shall be available, and shall
remain available until expended, for the purposes of
making expenditures--
* * * * * * *
(b) Coastal wetlands conservation grants
Of the total amount appropriated during a given
fiscal year to carry out this chapter, 15 percent[, not
to exceed $15,000,000] shall be available, and shall
remain available to the Director, for purposes of
making grants--
* * * * * * *
(c) North American wetlands conservation
Of the total amount appropriated during a given
fiscal year to carry out this chapter, 15 percent[, not
to exceed $15,000,000,] shall be available to, and
shall remain available until expended by, the Secretary
of the Interior for allocation to carry out wetlands
conservation projects in coastal wetlands ecosystems in
any coastal State under section 4407 of this title.
* * * * * * *