[House Report 109-293]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-293

======================================================================
 
           LONG ISLAND SOUND AUTHORIZATION OF APPROPRIATIONS

                                _______
                                

 November 14, 2005.--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. 3963]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3963) to amend the Federal Water 
Pollution Control Act to extend the authorization of 
appropriations for Long Island Sound, 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. 3963 is to amend section 119 of the 
Federal Water Pollution Control Act (the Clean Water Act) to 
reauthorize appropriations for the Long Island Sound Program 
within the Environmental Protection Agency (EPA).

                  Background and Need for Legislation

    More than 8 million people live within the watershed of the 
Long Island Sound. The Sound generates more than $5 billion 
annually for the regional economy from boating, swimming, 
commercial and sport fishing, and other activities. The Long 
Island Sound, like many estuaries across the nation, supports 
multiple uses and demands, and provides habitat for a multitude 
of fish and wildlife species. Increasing population growth and 
development have led to water quality issues arising from 
stormwater and agricultural runoff, wastewater discharges with 
high nutrient levels, industrial pollution, and commercial and 
recreational waste.
    The Long Island Sound is one of the estuaries included in 
the National Estuary Program within EPA. The 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. 
Stakeholders developed a long-term Comprehensive Conservation 
and Management Plan (CCMP) for the Long Island Sound. EPA 
approved the Long Island Sound's CCMP in 1994.
    Section 119 of the Clean Water Act, added in 1990, 
established the EPA Long Island Sound Program Office in the 
vicinity of the Sound, for the purposes of carrying out the 
CCMP, coordinating Federal and regional Long Island Sound 
activities, conducting studies, and supporting the Sound's 
management conference, among other activities. As amended in 
2000 by P.L. 106-457, section 119(f) of the Clean Water Act 
authorizes, for each of the fiscal years 2001 through 2005, 
such sums as may be necessary to carry out the Long Island 
Sound program and $40 million for EPA to make grants for 
projects and studies to help implement the Sound's CCMP.

                       Summary of the Legislation


Section 1. Long Island Sound authorization of appropriations

    Section 1 of H.R. 3963 amends section 119(f) of the Clean 
Water Act to extend the authorization of appropriations, 
through fiscal year 2010, of such sums as may be necessary for 
implementing the Long Island Sound program and of $40 million 
for grants for projects and studies to help implement the 
Sound's Comprehensive Conservation and Management Plan.

            Legislative History and Committee Consideration

    The Committee on Transportation and Infrastructure met in 
open session on October 26, 2005, and ordered H.R. 3963 
reported, without amendment, to the House by voice vote.

                             Rollcall Votes

    Clause 3(b) of rule XIII 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. 
3963 reported. A motion to order H.R. 3963 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 
section 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 Long Island Sound water quality and the 
living resources of the Sound through the cooperative efforts 
of the Long Island Sound Program.
    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. 
3963 from the Director of the Congressional Budget Office:

                                                  November 9, 2005.
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. 3963, a bill to 
amend the Federal Water Pollution Control Act to extend the 
authorization of appropriations for Long Island Sound.
    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 Lisa Ramirez-Branum (for the 
state and local impact).
            Sincerely,
                                               Douglas Holtz-Eakin.
    Enclosure.

H.R. 3963--A bill to amend the Federal Water Pollution Control Act to 
        extend the authorization of appropriations for Long Island 
        Sound

    Summary: H.R. 3963 would extend the authorization of 
appropriations for the Environmental Protection Agency's 
(EPA's) Long Island Sound program office through 2010. This 
office is responsible for monitoring the environmental health 
of Long Island Sound and for providing grants to state, 
interstate, and regional water-pollution-control agencies and 
other public and nonprofit agencies to support efforts to 
improve the environmental quality of Long Island Sound. Under 
current law, the office was authorized to receive annual 
appropriations of up to $40 million for grants and additional 
amounts necessary to support other activities related to EPA's 
oversight of the Long Island Sound program through 2005.
    CBO estimates that implementing this legislation would cost 
$2 million in 2006 and $106 million over the 2006-2010 period, 
assuming appropriation of the necessary funds. Enacting the 
bill would not affect direct spending or revenues.
    H.R. 3963 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
Any costs to state or local governments would be the result of 
complying with grant conditions.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3963 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2006     2007     2008     2009     2010
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Spending Under Current Law:
    Budget Authority \1\...........................................        2        0        0        0        0
    Estimated Outlays..............................................        6        5        3        2        1
Proposed Changes:
    Estimated Authorization Level..................................       40       42       42       42       42
    Estimated Outlays..............................................        2       12       24       32       36
Spending Under H.R. 3963:
    Estimated Authorization Level \1\..............................       42       42       42       42       42
    Estimated Outlays..............................................        8       17       27       34       37
----------------------------------------------------------------------------------------------------------------
\1\ The 2006 level is the amount appropriated for that year for EPA to manage the Long Island Sound program. No
  appropriation was provided for grants.

    Basis of estimate: The bill would authorize the 
appropriation of up to $40 million annually for grants to 
states to implement public notification programs on beach water 
quality through 2010. For this estimate, CBO assumes that the 
bill will be enacted before the end of calendar year 2005 and 
that the necessary amounts will be appropriated for each fiscal 
year. Based on historical spending patterns for this program, 
CBO estimates that providing the program grants would cost $98 
million over the 2006-2010 period, with additional spending 
occurring in later years.
    H.R. 3963 also would authorize the appropriation of such 
sums as may be necessary for activities related to EPA's 
management of the Long Island Sound program, including 
conducting studies and supporting conferences through 2010. 
Assuming appropriations for those activities would continue at 
the 2006 level and would be adjusted for anticipated inflation 
for this program, CBO estimates that implementing the program 
would cost $8 million over the 2007-2010 period.
    Intergovernmental and private-sector impact: H.R. 3963 
contains no intergovernmental mandates as defined by UMRA. The 
bill would reauthorize the Long Island Sound program office. 
Much of the funding authorized by the bill would provide for a 
grant program that requires matching funds from participating 
public or private entities such as qualified state and local 
governments. Any costs to those governments from the 
requirements of the program would be incurred voluntarily.
    Estimate prepared by: Federal Costs: Susanne S. Mehlman. 
Impact on State, Local, and Tribal Governments: Lisa Ramirez-
Branum. Impact on the Private Sector: Craig Cammarata.
    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. 3963 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 119 OF THE FEDERAL WATER POLLUTION CONTROL ACT

    Sec. 119. Long Island Sound.--(a) * * *

           *       *       *       *       *       *       *

    (f) Authorizations.--(1) There is authorized to be 
appropriated to the Administrator for the implementation of 
this section, other than subsection (d), such sums as may be 
necessary for each of the fiscal years 2001 through [2005] 
2010.
    (2) There is authorized to be appropriated to the 
Administrator for the implementation of subsection (d) not to 
exceed $40,000,000 for each of fiscal years 2001 through [2005] 
2010.

                                  
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