[House Report 109-293]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-293
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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).
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By fiscal year, in millions of dollars--
--------------------------------------------
2006 2007 2008 2009 2010
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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
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\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.