[House Report 116-338]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-338
======================================================================
CHESAPEAKE BAY PROGRAM REAUTHORIZATION ACT
_______
December 12, 2019.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 1620]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1620) to amend the Federal Water
Pollution Control Act to reauthorize the Chesapeake Bay
Program, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Legislative History and Consideration............................ 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 5
Duplication of Federal Programs.................................. 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
Purpose of Legislation
H.R. 1620 reauthorizes Federal appropriations for the U.S.
Environmental Protection Agency's (EPA) Chesapeake Bay Program
with incremental increases over the next five years.
Background and Need for Legislation
The Chesapeake Bay is the largest estuary in the United
States, covering more than 4,500 square miles, and draining a
64,000 square mile watershed that extends across parts of
Delaware, Maryland, Pennsylvania, Virginia, West Virginia, and
the District of Columbia.
In 1983, Congress established the Chesapeake Bay Program,
authorized under section 117 of the Clean Water Act (33 U.S.C.
1267). The Chesapeake Bay Program implements the Chesapeake Bay
Agreement, a periodically renewed agreement between executives
in the six watershed states and the District of Columbia, a
joint Bay state legislative body (the Chesapeake Bay
Commission) and select federal agencies (including EPA) that
aim to coordinate Bay restoration efforts. The most recent
agreement was signed in 2014 (known as the 2014 Chesapeake Bay
Watershed Agreement) and set a series of restoration goals and
actions to be completed by 2025.
Other restoration plans--including the 2010 Chesapeake Bay
Strategy for Protecting and Restoring the Chesapeake Bay
Watershed (pursuant to Executive Order 13508), the 2010
Chesapeake Bay Total Maximum Daily Load (TMDL) (developed by
EPA, under section 303(d) of the Clean Water Act, in
coordination with the Bay watershed states), and a draft
Comprehensive Plan from the U.S. Army Corps of Engineers--
harmonize with the goals of the 2014 Chesapeake Bay Watershed
Agreement and contain objectives for federal agencies and
states.
Despite prior investments and increased attention, the
Chesapeake Bay watershed and ecosystem remains under tremendous
stress. Sustained and elevated levels of pollution, including
nutrients and sediment, have resulted in water quality and
habitat degradation and have also contributed to a decline in
the population of some species.
The 2017 Chesapeake Bay TMDL Midpoint Assessment of state
and Federal efforts found that the collaborative efforts of
EPA, the Bay watershed states, and stakeholders have made
considerable progress in reducing pollution to local waters and
the Chesapeake Bay, resulting in record acreage of underwater
grasses and the highest estimates of water quality standards
attained in more than 30 years.\1\ However, continued efforts
with sustained funding are necessary to address sources of
nutrient and sediment loads threatening the watershed,
including agricultural runoff, wastewater treatment facilities,
land-use changes, urban stormwater runoff, and atmospheric
deposition.\2\
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\1\EPA, Midpoint Assessment of the Chesapeake Bay Total Maximum
Daily Load, July 27, 2018.
\2\EPA, Chesapeake Bay Compliance and Enforcement Strategy, May
2010. https://www.epa.gov/sites/production/files/2015-04/documents/
chesapeake-strategy-enforcement-2.pdf.
---------------------------------------------------------------------------
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress, the following hearing was used to develop or
consider H.R. 1620:
On June 25, 2019, the Subcommittee on Water Resources and
Environment held a hearing, titled ``Protecting and Restoring
America's Iconic Waters''. The Subcommittee received testimony
from: Preston D. Cole, Secretary, Wisconsin Department of
Natural Resources; Dave Pine, Supervisor, District 1, San Mateo
County Board of Supervisors, Chair of the San Francisco Bay
Restoration Authority Governing Board; Laura Blackmore,
Executive Director, Puget Sound Partnership; William C. Baker,
President, Chesapeake Bay Foundation; Kristi Trail, Executive
Director, Lake Pontchartrain Basin Foundation; and Tom Ford,
Director, Santa Monica Bay National Estuary Program, The Bay
Foundation. Topics discussed included the importance of
reauthorization of EPA's Chesapeake Bay Program Office to
continue making progress to restore and maintain the ecological
health and water quality related to the Chesapeake Bay
watershed.
Legislative History and Consideration
H.R. 1620 was introduced in the House on March 7, 2019, by
Mrs. Luria, Mr. Wittman, Mr. Scott of Virginia, and Mr.
Sarbanes, and referred to the Committee on Transportation and
Infrastructure. Within the Committee, H.R. 1620 was referred to
the Subcommittee on Water Resources and Environment.
The Chair discharged the Subcommittee on Water Resources
and Environment from further consideration of H.R. 1620 on
September 19, 2019.
The Committee met in open session to consider H.R. 1620 on
September 19, 2019, and ordered the measure to be reported to
the House with a favorable recommendation, without amendment,
by voice vote, a quorum being present.
The following amendment was offered:
An amendment offered by Mr. Perry (#1); Add at the end a
new section entitled ``Sec. 3. Analysis Required.''; was
WITHDRAWN by unanimous consent.
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 recorded votes taken in connection with
consideration of H.R. 1620.
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. 1620 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 2, 2019.
Hon. Peter A. DeFazio,
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. 1620, the
Chesapeake Bay Program Reauthorization Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Stephen
Rabent.
Sincerely,
Mark P. Hadley
(For Phillip L. Swagel, Director).
Enclosure.
H.R. 4275 would authorize appropriations totaling $455
million over the 2020-2024 period for the Environmental
Protection Agency's (EPA's) Chesapeake Bay Program. That
program provides technical assistance and grant funding for
projects and programs aimed at restoring the Chesapeake Bay. In
2019, EPA received appropriations totaling $73 million to carry
out the program.
Assuming appropriation of the specified amounts and based
on historical spending patterns, CBO estimates that
implementing the bill would cost $405 million over the 2020-
2024 period and $50 million after 2024. The costs of the
legislation, detailed in Table 1, fall within budget function
300 (natural resources and environment).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1620
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
--------------------------------------------
2020-
2020 2021 2022 2023 2024 2024
----------------------------------------------------------------------------------------------------------------
Authorization...................................................... 90 90 91 92 92 455
Estimated Outlays.................................................. 56 77 86 91 92 405
----------------------------------------------------------------------------------------------------------------
The CBO staff contact for this estimate is Stephen Rabent.
The estimate was reviewed by H. Samuel Papenfuss, 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 Federal appropriations for EPA's Chesapeake Bay
Program Office to continue the collaborative efforts between
EPA, the Bay watershed states, and stakeholders to continue
progress in improving water quality and reducing pollution to
the Chesapeake Bay.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 1620 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.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
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 finds that H.R. 1620 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 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).
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``Chesapeake Bay Program Reauthorization Act''.
Sec. 2. Reauthorization of Chesapeake Bay Program
This section amends section 117(j) of the Federal Water
Pollution Control Act to authorize Federal appropriations for
the Chesapeake Bay Program in the following amounts: $90
million for fiscal year 2020; $90.5 million for fiscal year
2021; $91 million for fiscal year 2022; $91.5 million for
fiscal year 2023; and $92 million for fiscal year 2024.
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, and existing law in which no
change is proposed is shown in roman):
FEDERAL WATER POLLUTION CONTROL ACT
* * * * * * *
TITLE I--RESEARCH AND RELATED PROGRAMS
* * * * * * *
SEC. 117. CHESAPEAKE BAY.
(a) Definitions.--In this section, the following definitions
apply:
(1) Administrative cost.--The term ``administrative
cost'' means the cost of salaries and fringe benefits
incurred in administering a grant under this section.
(2) Chesapeake bay agreement.--The term ``Chesapeake
Bay Agreement'' means the formal, voluntary agreements
executed to achieve the goal of restoring and
protecting the Chesapeake Bay ecosystem and the living
resources of the Chesapeake Bay ecosystem and signed by
the Chesapeake Executive Council.
(3) Chesapeake bay ecosystem.--The term ``Chesapeake
Bay ecosystem'' means the ecosystem of the Chesapeake
Bay and its watershed.
(4) Chesapeake bay program.--The term ``Chesapeake
Bay Program'' means the program directed by the
Chesapeake Executive Council in accordance with the
Chesapeake Bay Agreement.
(5) Chesapeake executive council.--The term
``Chesapeake Executive Council'' means the signatories
to the Chesapeake Bay Agreement.
(6) Signatory jurisdiction.--The term ``signatory
jurisdiction'' means a jurisdiction of a signatory to
the Chesapeake Bay Agreement.
(b) Continuation of Chesapeake Bay Program.--
(1) In general.--In cooperation with the Chesapeake
Executive Council (and as a member of the Council), the
Administrator shall continue the Chesapeake Bay
Program.
(2) Program office.--
(A) In general.--The Administrator shall
maintain in the Environmental Protection Agency
a Chesapeake Bay Program Office.
(B) Function.--The Chesapeake Bay Program
Office shall provide support to the Chesapeake
Executive Council by--
(i) implementing and coordinating
science, research, modeling, support
services, monitoring, data collection,
and other activities that support the
Chesapeake Bay Program;
(ii) developing and making available,
through publications, technical
assistance, and other appropriate
means, information pertaining to the
environmental quality and living
resources of the Chesapeake Bay
ecosystem;
(iii) in cooperation with appropriate
Federal, State, and local authorities,
assisting the signatories to the
Chesapeake Bay Agreement in developing
and implementing specific action plans
to carry out the responsibilities of
the signatories to the Chesapeake Bay
Agreement;
(iv) coordinating the actions of the
Environmental Protection Agency with
the actions of the appropriate
officials of other Federal agencies and
State and local authorities in
developing strategies to--
(I) improve the water quality
and living resources in the
Chesapeake Bay ecosystem; and
(II) obtain the support of
the appropriate officials of
the agencies and authorities in
achieving the objectives of the
Chesapeake Bay Agreement; and
(v) implementing outreach programs
for public information, education, and
participation to foster stewardship of
the resources of the Chesapeake Bay.
(c) Interagency Agreements.--The Administrator may enter into
an interagency agreement with a Federal agency to carry out
this section.
(d) Technical Assistance and Assistance Grants.--
(1) In general.--In cooperation with the Chesapeake
Executive Council, the Administrator may provide
technical assistance, and assistance grants, to
nonprofit organizations, State and local governments,
colleges, universities, and interstate agencies to
carry out this section, subject to such terms and
conditions as the Administrator considers appropriate.
(2) Federal share.--
(A) In general.--Except as provided in
subparagraph (B), the Federal share of an
assistance grant provided under paragraph (1)
shall be determined by the Administrator in
accordance with guidance issued by the
Administrator.
(B) Small watershed grants program.--The
Federal share of an assistance grant provided
under paragraph (1) to carry out an
implementing activity under subsection (g)(2)
shall not exceed 75 percent of eligible project
costs, as determined by the Administrator.
(3) Non-federal share.--An assistance grant under
paragraph (1) shall be provided on the condition that
non-Federal sources provide the remainder of eligible
project costs, as determined by the Administrator.
(4) Administrative costs.--Administrative costs shall
not exceed 10 percent of the annual grant award.
(e) Implementation and Monitoring Grants.--
(1) In general.--If a signatory jurisdiction has
approved and committed to implement all or
substantially all aspects of the Chesapeake Bay
Agreement, on the request of the chief executive of the
jurisdiction, the Administrator--
(A) shall make a grant to the jurisdiction
for the purpose of implementing the management
mechanisms established under the Chesapeake Bay
Agreement, subject to such terms and conditions
as the Administrator considers appropriate; and
(B) may make a grant to a signatory
jurisdiction for the purpose of monitoring the
Chesapeake Bay ecosystem.
(2) Proposals.--
(A) In general.--A signatory jurisdiction
described in paragraph (1) may apply for a
grant under this subsection for a fiscal year
by submitting to the Administrator a
comprehensive proposal to implement management
mechanisms established under the Chesapeake Bay
Agreement.
(B) Contents.--A proposal under subparagraph
(A) shall include--
(i) a description of proposed
management mechanisms that the
jurisdiction commits to take within a
specified time period, such as reducing
or preventing pollution in the
Chesapeake Bay and its watershed or
meeting applicable water quality
standards or established goals and
objectives under the Chesapeake Bay
Agreement; and
(ii) the estimated cost of the
actions proposed to be taken during the
fiscal year.
(3) Approval.--If the Administrator finds that the
proposal is consistent with the Chesapeake Bay
Agreement and the national goals established under
section 101(a), the Administrator may approve the
proposal for an award.
(4) Federal share.--The Federal share of a grant
under this subsection shall not exceed 50 percent of
the cost of implementing the management mechanisms
during the fiscal year.
(5) Non-federal share.--A grant under this subsection
shall be made on the condition that non-Federal sources
provide the remainder of the costs of implementing the
management mechanisms during the fiscal year.
(6) Administrative costs.--Administrative costs shall
not exceed 10 percent of the annual grant award.
(7) Reporting.--On or before October 1 of each fiscal
year, the Administrator shall make available to the
public a document that lists and describes, in the
greatest practicable degree of detail--
(A) all projects and activities funded for
the fiscal year;
(B) the goals and objectives of projects
funded for the previous fiscal year; and
(C) the net benefits of projects funded for
previous fiscal years.
(f) Federal Facilities and Budget Coordination.--
(1) Subwatershed planning and restoration.--A Federal
agency that owns or operates a facility (as defined by
the Administrator) within the Chesapeake Bay watershed
shall participate in regional and subwatershed planning
and restoration programs.
(2) Compliance with agreement.--The head of each
Federal agency that owns or occupies real property in
the Chesapeake Bay watershed shall ensure that the
property, and actions taken by the agency with respect
to the property, comply with the Chesapeake Bay
Agreement, the Federal Agencies Chesapeake Ecosystem
Unified Plan, and any subsequent agreements and plans.
(3) Budget coordination.--
(A) In general.--As part of the annual budget
submission of each Federal agency with projects
or grants related to restoration, planning,
monitoring, or scientific investigation of the
Chesapeake Bay ecosystem, the head of the
agency shall submit to the President a report
that describes plans for the expenditure of the
funds under this section.
(B) Disclosure to the council.--The head of
each agency referred to in subparagraph (A)
shall disclose the report under that
subparagraph with the Chesapeake Executive
Council as appropriate.
(g) Chesapeake Bay Program.--
(1) Management strategies.--The Administrator, in
coordination with other members of the Chesapeake
Executive Council, shall ensure that management plans
are developed and implementation is begun by
signatories to the Chesapeake Bay Agreement to achieve
and maintain--
(A) the nutrient goals of the Chesapeake Bay
Agreement for the quantity of nitrogen and
phosphorus entering the Chesapeake Bay and its
watershed;
(B) the water quality requirements necessary
to restore living resources in the Chesapeake
Bay ecosystem;
(C) the Chesapeake Bay Basinwide Toxins
Reduction and Prevention Strategy goal of
reducing or eliminating the input of chemical
contaminants from all controllable sources to
levels that result in no toxic or
bioaccumulative impact on the living resources
of the Chesapeake Bay ecosystem or on human
health;
(D) habitat restoration, protection,
creation, and enhancement goals established by
Chesapeake Bay Agreement signatories for
wetlands, riparian forests, and other types of
habitat associated with the Chesapeake Bay
ecosystem; and
(E) the restoration, protection, creation,
and enhancement goals established by the
Chesapeake Bay Agreement signatories for living
resources associated with the Chesapeake Bay
ecosystem.
(2) Small watershed grants program.--The
Administrator, in cooperation with the Chesapeake
Executive Council, shall--
(A) establish a small watershed grants
program as part of the Chesapeake Bay Program;
and
(B) offer technical assistance and assistance
grants under subsection (d) to local
governments and nonprofit organizations and
individuals in the Chesapeake Bay region to
implement--
(i) cooperative tributary basin
strategies that address the water
quality and living resource needs in
the Chesapeake Bay ecosystem; and
(ii) locally based protection and
restoration programs or projects within
a watershed that complement the
tributary basin strategies, including
the creation, restoration, protection,
or enhancement of habitat associated
with the Chesapeake Bay ecosystem.
(h) Study of Chesapeake Bay Program.--
(1) In general.--Not later than April 22, 2003, and
every 5 years thereafter, the Administrator, in
coordination with the Chesapeake Executive Council,
shall complete a study and submit to Congress a
comprehensive report on the results of the study.
(2) Requirements.--The study and report shall--
(A) assess the state of the Chesapeake Bay
ecosystem;
(B) compare the current state of the
Chesapeake Bay ecosystem with its state in
1975, 1985, and 1995;
(C) assess the effectiveness of management
strategies being implemented on the date of
enactment of this section and the extent to
which the priority needs are being met;
(D) make recommendations for the improved
management of the Chesapeake Bay Program either
by strengthening strategies being implemented
on the date of enactment of this section or by
adopting new strategies; and
(E) be presented in such a format as to be
readily transferable to and usable by other
watershed restoration programs.
(i) Special Study of Living Resource Response.--
(1) In general.--Not later than 180 days after the
date of enactment of this section, the Administrator
shall commence a 5-year special study with full
participation of the scientific community of the
Chesapeake Bay to establish and expand understanding of
the response of the living resources of the Chesapeake
Bay ecosystem to improvements in water quality that
have resulted from investments made through the
Chesapeake Bay Program.
(2) Requirements.--The study shall--
(A) determine the current status and trends
of living resources, including grasses,
benthos, phytoplankton, zooplankton, fish, and
shellfish;
(B) establish to the extent practicable the
rates of recovery of the living resources in
response to improved water quality condition;
(C) evaluate and assess interactions of
species, with particular attention to the
impact of changes within and among trophic
levels; and
(D) recommend management actions to optimize
the return of a healthy and balanced ecosystem
in response to improvements in the quality and
character of the waters of the Chesapeake Bay.
(3) Annual survey.--The Administrator shall carry out
an annual survey of sea grasses in the Chesapeake Bay.
(j) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section [$40,000,000 for each
of fiscal years 2001 through 2005] $90,000,000 for fiscal year
2020, $90,500,000 for fiscal year 2021, $91,000,000 for fiscal
year 2022, $91,500,000 for fiscal year 2023, and $92,000,000
for fiscal year 2024. Such sums shall remain available until
expended.
* * * * * * *