[Senate Report 112-185]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 454
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-185

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

 
        A BILL TO AMEND THE FEDERAL WATER POLLUTION CONTROL ACT 
    TO REAUTHORIZE THE LAKE PONTCHARTRAIN BASIN RESTORATION PROGRAM

                                _______
                                

                 July 16, 2012.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3264]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 3264) to amend the Federal Water Pollution 
Control Act to reauthorize the Lake Pontchartrain Basin 
Restoration Program, having considered the same, reports 
favorably thereon and recommends that the bill, do pass.

                    General Statement and Backround

    S. 3264 would reauthorize the Lake Pontchartrain Basin 
Program, which was authorized under Sec. 121 of the Clean Water 
Act as part of the Lake Pontchartrain Basin Restoration Act of 
2000. The Lake Pontchartrain Basin comprises over 10,000 square 
miles of land in 16 Louisiana parishes and four Mississippi 
counties. It is one of the largest estuarine systems in the 
Gulf of Mexico receiving fresh water from rivers and streams 
and salt water from the Gulf. The basin supports a population 
of approximately 2.1 million people. The goal of the Lake 
Pontchartrain Basin Program, which this legislation would 
reauthorize, is to restore the ecological health of the Basin 
by developing and funding restoration projects and related 
scientific and public education projects.

                     Objectives of the Legislation

    S. 3264 reauthorizes the Lake Pontchartrain Basin Program, 
which was authorized under Sec. 121 of the Clean Water Act as 
part of the Lake Pontchartrain Basin Restoration Act of 2000.

                      Section-by-Section Analysis


Section 1. Lake Pontchartrain Basin Restoration Program

    Section 1 extends the authorization for Fiscal Years 2013-
2017. The legislation establishes a non-Federal cost-share of 
25% for any project funded through the program and limits the 
annual authorized funding to $20 million or the lowest amount 
appropriated to carry out this section for any of the preceding 
5 fiscal years, whichever is less.

                          Legislative History

    Senators David Vitter and Mary Landrieu introduced S. 3264 
on June 5, 2012. The bill was received, read twice and referred 
to the Committee on Environment and Public Works.
    On June 21, 2012, the Full Committee met to consider a 
number of bills including S. 3264. The bill was ordered to be 
reported favorably by voice vote.

                                Hearings

    No hearings were held on this legislation.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 3264 on June 21, 2012. The bill was ordered to be 
reported favorably by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 3264 
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 noted that the Congressional 
Budget Office (CBO) has found, ``S. 3264 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.''

               Congressional Budget Office Cost Estimate


                                                     June 29, 2012.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 3264, a bill to 
amend the Federal Water Pollution Control Act to reauthorize 
the Lake Pontchartrain Basin Restoration Program.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 3264--A bill to amend the Federal Water Pollution Control Act to 
        reauthorize the Lake Pontchartrain Basin Restoration Program

    Summary: S. 3264 would authorize appropriations for the 
Environmental Protection Agency's (EPA's) Lake Pontchartrain 
Basin Restoration Program through 2017. Under this program, EPA 
provides assistance and grants to the parishes and cities 
within the Lake Pontchartrain Basin watershed and to the Lake 
Pontchartrain Basin Foundation for restoration and education 
projects to improve the ecological health of the basin. The 
bill would limit the annual authorized funding over the 2013-
2017 period to the lesser of $20 million or the lowest amount 
appropriated for grants and assistance for any of the preceding 
five fiscal years. According to EPA, $1 million is the lowest 
annual amount appropriated since 2008 for the Lake 
Pontchartrain Basin Restoration Program. Thus, CBO estimates 
that implementing S. 3264 would cost $5 million over the 2013-
2017 period.
    Pay-as-you-go procedures do not apply to this legislation 
because the bill would not affect direct spending or revenues.
    S. 3264 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: The estimated 
budgetary impact of S. 3264 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--
                                                         -------------------------------------------------------
                                                            2013     2014     2015     2016     2017   2013-2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...........................        1        1        1        1        1         5
Estimated Outlays.......................................        1        1        1        1        1         5
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
3264 will be enacted near the beginning of fiscal year 2013 and 
that the estimated amounts will be appropriated for each year. 
Estimated outlays are based on historical spending patterns for 
the program.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: S. 3264 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Louisiana, Mississippi, and local governments 
that participate in the Lake Pontchartrain Basin Restoration 
Program would benefit from the bill's reauthorization of 
grants, research, and restoration activities of the basin. Any 
costs to those governments would be incurred voluntarily as 
conditions of federal assistance.
    Estimate prepared by: Federal costs: Susanne S. Mehlman; 
Impact on state, local, and tribal governments: Melissa 
Merrell; Impact on the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, 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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FEDERAL WATER POLLUTION CONTROL ACT

           *       *       *       *       *       *       *


    Sec. 101. (a) The objective of this Act is to restore and 
maintain the chemical, physical, and biological integrity of 
the Nation's waters. In order to achieve this objective it is 
hereby declared that, consistent with the provisions of this 
Act--
          (1) * * *

           *       *       *       *       *       *       *


SEC. 121. LAKE PONTCHARTRAIN BASIN.

  (a) Establishment of Restoration Program.--The Administrator 
shall establish within the Environmental Protection Agency the 
Lake Pontchartrain Basin Restoration Program.
  (b) Purpose.--The purpose of the program shall be to restore 
the ecological health of the Basin by developing and funding 
restoration projects and related scientific and public 
education projects.
  (c) Duties.--In carrying out the program, the Administrator 
shall--
          (1) provide administrative and technical assistance 
        to a management conference convened for the Basin under 
        section 320;
          (2) assist and support the activities of the 
        management conference, including the implementation of 
        recommendations of the management conference;
          (3) support environmental monitoring of the Basin and 
        research to provide necessary technical and scientific 
        information;
          (4) develop a comprehensive research plan to address 
        the technical needs of the program;
          (5) coordinate the grant, research, and planning 
        programs authorized under this section; and
          (6) collect and make available to the public 
        publications, and other forms of information the 
        management conference determines to be appropriate, 
        relating to the environmental quality of the Basin.
  (d) Grants.--The Administrator may make grants to pay not 
more than 75 percent of the costs--
          (1) for restoration projects and studies recommended 
        by a management conference convened for the Basin under 
        section 320; and
          (2) for public education projects recommended by the 
        management conference.
  (e) Definitions.--In this section, the following definitions 
apply:
          (1) Basin.--The term ``Basin'' means the Lake 
        Pontchartrain Basin, a 5,000 square mile watershed 
        encompassing 16 parishes in the State of Louisiana and 
        4 counties in the State of Mississippi.
          (2) Program.--The term ``program'' means the Lake 
        Pontchartrain Basin Restoration Program established 
        under subsection (a).
  (f) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated to carry out this section $20,000,000 [for 
        each of fiscal years 2001 through 2011] or the lowest 
        amount appropriated to carry out this section for any 
        of the preceding 5 fiscal years, whichever is less, for 
        each of fiscal years 2013 through 2017. Such sums shall 
        remain available until expended.

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