[House Report 113-612]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-612
======================================================================
TO REAUTHORIZE THE NATIONAL ESTUARY PROGRAMS, AND FOR OTHER PURPOSES
_______
November 12, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 5266]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 5266) to reauthorize the National
Estuary Programs, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
CONTENTS
Page
Purpose of the Legislation....................................... 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Legislative History and Consideration............................ 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 6
Advisory of Earmarks............................................. 6
Duplication of Federal Programs.................................. 6
Disclosure of Directed Rule Makings.............................. 6
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 7
Advisory Committee Statement..................................... 7
Applicability to the Legislative Branch.......................... 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. COMPETITIVE AWARDS.
Section 320(g) of the Federal Water Pollution Control Act (33 U.S.C.
1330(g)) is amended by adding at the end the following:
``(4) Competitive awards.--
``(A) In general.--Of the amount made available under
subsection (i)(2)(B), the Administrator shall make
competitive awards under this paragraph.
``(B) Application for awards.--The Administrator
shall solicit applications for awards under this
paragraph from State, interstate, and regional water
pollution control agencies and entities, State coastal
zone management agencies, interstate agencies, other
public or nonprofit private agencies, institutions,
organizations, and individuals.
``(C) Selection of recipients.--In selecting award
recipients under this paragraph, the Administrator
shall select recipients that are best able to address
urgent and challenging issues that threaten the
ecological and economic well-being of coastal areas.
Such issues shall include--
``(i) extensive seagrass habitat losses
resulting in significant impacts on fisheries
and water quality;
``(ii) recurring harmful algae blooms,
unusual marine mammal mortalities;
``(iii) invasive exotic species which can
threaten wastewater systems and cause other
damage;
``(iv) jellyfish proliferation limiting
community access to water during peak tourism
seasons;
``(v) flooding which may be related to sea
level rise or wetland degradation or loss; or
``(vi) low dissolved oxygen conditions in
estuarine waters and related nutrient
management.''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 320 of the Federal Water Pollution Control Act (33 U.S.C.
1330) is amended by striking subsection (i) and inserting the
following:
``(i) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
the Administrator $27,000,000, for each of fiscal years 2014
through 2018 for--
``(A) expenses relating to the administration of
grants or awards by the Administrator under this
section, including the award and oversight of grants
and awards, except that such expenses shall not exceed
5 percent of the amount appropriated under this
subsection; and
``(B) making grants and awards under subsection (g).
``(2) Allocations.--
``(A) Conservation and management plan.--The
Administrator shall provide not less than 80 percent of
the amounts made available for this section for each
fiscal year referred to in paragraph (1) for the
development, implementation, and monitoring of each
conservation and management plan eligible for grant
assistance under subsection (g)(2).
``(B) Competitive awards.--The Administrator shall
provide not less than 15 percent of the amounts made
available for this section in each fiscal year to make
competitive awards described in subsection (g)(4).''.
Purpose of the Legislation
The purpose of H.R. 5266 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 the 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 added a new section 320 to the Clean Water Act to
establish the National Estuary Program (NEP).
The NEP is designed to promote comprehensive planning for
long-term protection of nationally significant estuaries in the
United States that are deemed to be threatened by pollution,
development, or overuse, through collaborative voluntary
efforts of federal, state, local, non-profit, and private
interests. The NEP aims to address water quality problems in,
and promote the ecological integrity of, estuaries. The NEP
coordinates and provides funding for long-term planning and
management activities to address the complex factors that
contribute to the degradation of estuaries.
Once a governor nominates an estuary for inclusion in the
NEP, 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). A CCMP is a long-
term plan that contains specific targeted actions designed to
address water quality and ecological challenges in the
estuary's watershed. A CCMP is to recommend priority actions
and schedules to protect the estuary, restore and maintain its
chemical, physical, and biological integrity, and control
pollution sources.
Each estuary program in the NEP has a Management Conference
(MC) made up of diverse stakeholders. Using a consensus-
building approach and collaborative decision-making process
instead of a regulatory approach, each MC works closely
together to implement the CCMP. The MC ensures that the CCMP is
uniquely tailored to the local environmental conditions, is
based on local input, and supports local priorities.
Stakeholders may include citizens, state and local
governments, federal agencies, 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.
There are approximately 130 estuaries in the United States.
Twenty-eight of these estuaries, located along the Atlantic,
Gulf, and Pacific coasts and in Puerto Rico, have been
incorporated into the NEP. Once EPA has accepted an estuary
into the NEP, EPA supports the effort with technical assistance
and grants. Each estuary program in the NEP has completed its
planning process and is implementing its CCMP.
In 2004, in P.L. 108-399, Congress reauthorized section 320
of the CWA through fiscal year 2010. Section 320 of the Clean
Water Act most recently authorized the NEP at $35 million per
year.
Hearings
No hearings were held on H.R. 5266 in the 113th Congress.
Legislative History and Consideration
On July 30, 2014, Representative Frank LoBiondo of New
Jersey introduced H.R. 5266, a bill to reauthorize the National
Estuary Program.
On September 17, 2014, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 5266, and
ordered the bill, as amended, reported favorably to the House
by voice vote with a quorum present.
Representative Frank LoBiondo offered an amendment in
Committee. The amendment removed a provision from the bill that
would give priority for competitive award grants to estuary
programs that are not part of the geographic programs
identified in the Fiscal Year 2014 Consolidated Appropriations
Act, and also makes a technical correction in the bill. The
amendment was accepted by voice vote with a quorum present.
Committee 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 record 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 record votes taken in connection
with consideration of H.R. 5266, or ordering the bill, as
amended, reported. A motion to order H.R. 5266, as amended,
reported favorably to the House was agreed to by voice vote
with a quorum present.
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.
New Budget Authority and Tax Expenditures
Clause 3(c)(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.
Congressional Budget Office Cost Estimate
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 enclosed cost estimate for H.R. 5266 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 19, 2014.
Hon. Bill Shuster,
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. 5266, a bill to
reauthorize the National Estuary Programs, and for other
purposes.
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.
H.R. 5266--A bill to reauthorize the National Estuary Programs, and for
other purposes
Summary: H.R. 5266 would authorize the appropriation of $27
million annually over the 2015-2018 period for the
Environmental Protection Agency's (EPA's) National Estuary
Program. The legislation also would amend the Clean Water Act
to require that grants awarded to state, local, and private
entities by EPA are awarded in a competitive manner. CBO
estimates that implementing this legislation would cost $104
million over the 2015-2019 period, assuming appropriation of
the authorized amounts.
Enacting H.R. 5266 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 5266 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Any costs incurred by state, local, or tribal governments,
including matching contributions, would result from
participation in a voluntary federal program.
Estimated cost to the Federal Government: The estimated
budgetary effect of this legislation 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--
------------------------------------------------------------
2015 2016 2017 2018 2019 2015-2019
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................ 27 27 27 27 0 108
Estimated Outlays.................................. 12 23 27 27 15 104
----------------------------------------------------------------------------------------------------------------
Basis of estimate: CBO assumes that H.R. 5266 will be
enacted near the start of 2015 and that the amounts authorized
will be appropriated each fiscal year. Estimated outlays are
based on historical spending patterns for the National Estuary
Program. The authorization for this program expired in 2010,
but $25 million was appropriated for the program in 2014. Under
the National Estuary Program, EPA develops plans for attaining
or maintaining water quality in an estuary.
Intergovernmental and private-sector impact: H.R. 5266
contains no intergovernmental or private-sector mandates as
defined in UMRA. Any costs incurred by state, local, or tribal
governments, including matching contributions, would result
from participation in a voluntary federal program.
Previous CBO estimate: On April 10, 2014, CBO transmitted a
cost estimate for S. 2042, the Clean Estuaries Act of 2014, as
ordered reported by the Senate Committee on Environment and
Public Works on April 3, 2014. Both S. 2042 and H.R. 5266 would
reauthorize the National Estuary Program, although S. 2042
would authorize the appropriation of $35 million annually over
the 2015-2019 period.
Estimate prepared by: Federal Costs: Susanne S. Mehlman;
Impact on State, Local, and Tribal Governments: Jon Sperl;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
reauthorize the National Estuary Program.
Advisory of Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill, as amended, includes an earmark, limited
tax benefit, or limited tariff benefit under clause 9(e), 9(f),
or 9(g) of rule XXI.
Duplication of Federal Programs
Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013),
the Committee finds that no provision of H.R. 5266, as amended,
establishes or reauthorizes a program of the federal government
known to be duplicative of another federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Disclosure of Directed Rule Makings
Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013),
the Committee estimates that enacting H.R. 5266, as amended,
does not specifically direct the completion of any specific
rulemakings within the meaning of section 551 of title 5,
United States Code.
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 (P.L. 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. 5266, as amended,
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 are created by this
legislation, as amended.
Applicability to the Legislative Branch
The Committee finds that the legislation, as amended, 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 (P.L.
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Competitive awards
Section 1 amends section 320(g) of the Clean Water Act to
add a new paragraph (4). New paragraph (4) authorizes the EPA
Administrator to make competitive awards to states, interstate,
and regional water pollution control agencies and entities,
state coastal zone management agencies, interstate agencies,
other public or nonprofit private agencies, institutions,
organizations, and individuals, and allocates a portion of
available NEP funds for such competitive awards.
The EPA Administrator is to solicit applications for such
awards, and select award recipients that are best able to
address urgent and challenging issues that threaten the water
quality, ecological, and economic well-being of coastal areas.
Such issues are to include:
(i) extensive seagrass habitat losses resulting in
significant impacts on fisheries and water quality;
(ii) recurring harmful algae blooms, unusual marine
mammal mortalities;
(iii) invasive exotic species which can threaten
wastewater systems and cause other damage;
(iv) jellyfish proliferation limiting community
access to water during peak tourism seasons;
(v) flooding which may be related to sea level rise
or wetland degradation or loss; or
(vi) low dissolved oxygen conditions in estuarine
waters and related nutrient management.
Section 2. Authorization of appropriations
Section 2 strikes section 320(i) of the Clean Water Act
(entitled ``Authorization of Appropriations'') and replaces it
with a new subsection (i) (entitled ``Authorization of
Appropriations'') that extends the authorization of
appropriations for the NEP for each of fiscal years 2014
through 2018, at an amount of $27 million per year. New
subsection (i) also allocates the funds that are made available
in each fiscal year for section 320.
New subsection (i) authorizes appropriations for expenses
relating to the administration of grants or awards by the EPA
Administrator under section 320, including the award and
oversight of grants and awards, and specifies that expenses
relating to the administration of grants or awards shall not
exceed 5 percent of the amount appropriated under new
subsection (i).
In addition, new subsection (i) specifies that the EPA
Administrator shall provide, for the development,
implementation, and monitoring of each conservation and
management plan eligible for grant assistance under subsection
(g)(2) of section 320, not less than 80 percent of the amounts
made available in each fiscal year for section 320.
Further, new subsection (i) specifies that the EPA
Administrator shall provide not less than 15 percent of the
amounts made available in each fiscal year for section 320 for
making competitive awards described in subsection (g)(3) of
section 320.
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):
FEDERAL WATER POLLUTION CONTROL ACT
* * * * * * *
TITLE III--STANDARDS AND ENFORCEMENT
* * * * * * *
SEC. 320. NATIONAL ESTUARY PROGRAM.
(a) * * *
* * * * * * *
(g) Grants.--
(1) * * *
* * * * * * *
(4) Competitive awards.--
(A) In general.--Of the amount made available
under subsection (i)(2)(B), the Administrator
shall make competitive awards under this
paragraph.
(B) Application for awards.--The
Administrator shall solicit applications for
awards under this paragraph from State,
interstate, and regional water pollution
control agencies and entities, State coastal
zone management agencies, interstate agencies,
other public or nonprofit private agencies,
institutions, organizations, and individuals.
(C) Selection of recipients.--In selecting
award recipients under this paragraph, the
Administrator shall select recipients that are
best able to address urgent and challenging
issues that threaten the ecological and
economic well-being of coastal areas. Such
issues shall include--
(i) extensive seagrass habitat losses
resulting in significant impacts on
fisheries and water quality;
(ii) recurring harmful algae blooms,
unusual marine mammal mortalities;
(iii) invasive exotic species which
can threaten wastewater systems and
cause other damage;
(iv) jellyfish proliferation limiting
community access to water during peak
tourism seasons;
(v) flooding which may be related to
sea level rise or wetland degradation
or loss; or
(vi) low dissolved oxygen conditions
in estuarine waters and related
nutrient management.
* * * * * * *
[(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 2010 for--
[(1) expenses related to the administration of
management conferences under this section, not to
exceed 10 percent of the amount appropriated under this
subsection;
[(2) making grants under subsection (g); and
[(3) monitoring the implementation of a conservation
and management plan by the management conference or by
the Administrator, in any case in which the conference
has been terminated.
The Administrator shall provide up to $5,000,000 per fiscal
year of the sums authorized to be appropriated under this
subsection to the Administrator of the National Oceanic and
Atmospheric Administration to carry out subsection (j).]
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to the Administrator $27,000,000, for each
of fiscal years 2014 through 2018 for--
(A) expenses relating to the administration
of grants or awards by the Administrator under
this section, including the award and oversight
of grants and awards, except that such expenses
shall not exceed 5 percent of the amount
appropriated under this subsection; and
(B) making grants and awards under subsection
(g).
(2) Allocations.--
(A) Conservation and management plan.--The
Administrator shall provide not less than 80
percent of the amounts made available for this
section for each fiscal year referred to in
paragraph (1) for the development,
implementation, and monitoring of each
conservation and management plan eligible for
grant assistance under subsection (g)(2).
(B) Competitive awards.--The Administrator
shall provide not less than 15 percent of the
amounts made available for this section in each
fiscal year to make competitive awards
described in subsection (g)(4).
* * * * * * *