[House Report 117-47]
[From the U.S. Government Publishing Office]


117th Congress     }                                   {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session       }                                   {       117-47

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



 
  TO AMEND THE FEDERAL WATER POLLUTION CONTROL ACT TO REAUTHORIZE THE 
  LAKE PONTCHARTRAIN BASIN RESTORATION PROGRAM, AND FOR OTHER PURPOSES

                                _______
                                

  May 28, 2021.--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. 1921]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 1921) to amend the Federal Water 
Pollution Control Act to reauthorize the Lake Pontchartrain 
Basin Restoration Program, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends 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.....................................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     5
Duplication of Federal Programs..................................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
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............     7

                         Purpose of Legislation

    The purpose of H.R. 1921, introduced by Representative 
Garret Graves (R-LA), is to amend the Federal Water Pollution 
Control Act, commonly known as the Clean Water Act, to 
reauthorize federal appropriations for the Lake Pontchartrain 
Basin program, to require the comprehensive restoration plan 
for Lake Pontchartrain be reviewed and updated every five 
years, and to amend a technical definition.

                  Background and Need for Legislation

    The Lake Pontchartrain Basin watershed encompasses sixteen 
Louisiana parishes (counties) and four Mississippi counties, 
covering a 10,000 square mile area. The basin also includes 
Lake Borgne, Lake Maurepas, and receives flows from five rivers 
and two bayous. Approximately 2.1 million people live in the 
area of Lake Pontchartrain, the 630 square mile lake at the 
center of the basin, making it the most densely populated area 
in Louisiana.\1\
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    \1\https://saveourlake.org/about-us/our-basin/basin-issues.
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    The basin is part of an essential wetland ecosystem, 
providing habitat, spawning grounds, and food sources to 
support numerous species of fish, birds, mammals, and plants. 
Its fisheries provide recreation as well as livelihoods, 
contributing over $35 million to the local economy by providing 
much of the seafood harvested in the Gulf Coast.\2\
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    \2\Id.
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    Lake Pontchartrain and its surrounding area face several 
challenges, most stemming from poor planning and 
overdevelopment. Logging in the upland areas has caused 
degradation, reduced plant growth, and increased saltwater 
intrusions, which subsequently have prevented new growth and 
contributed to a dead zone in the southeastern end of the lake. 
The basin also faces impacts from urban and agricultural 
runoff, sewage overflow, and nonpoint source pollution. The 
loss of wetlands to serve as natural filters for pollutants 
exacerbates these effects.
    The Basin Restoration Program helps to address these 
environmental challenges and the region is already seeing some 
significant comebacks. Much of this success is due to a 
collaborative effort between federal, state, and local entities 
who share an interest in a clean, healthy lake and basin. 
Continued funding of these efforts is essential to protecting 
and restoring the health of this ecosystem.
    The Lake Pontchartrain Basin Restoration Program was 
initially authorized at $20 million for each of FY2001-FY2005. 
In fiscal year 2021, the Lake Pontchartrain program received a 
federal appropriation of $1.9 million (P.L. 106-260).

                                Hearings

    For the purposes of rule XIII, clause 3(c)6(A) of the 117th 
Congress, no hearings were held to develop or consider H.R. 
1921 in the 117th Congress; however, in the 116th Congress the 
following hearing was used to develop the legislation:
    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: Mr. Preston D. Cole, Secretary, Wisconsin Department of 
Natural Resources; Mr. Dave Pine, Supervisor, District 1, San 
Mateo County Board of Supervisors, Chair of the San Francisco 
Bay Restoration Authority Governing Board; Ms. Laura Blackmore, 
Executive Director, Puget Sound Partnership; William C. Baker, 
President, Chesapeake Bay Foundation; Ms. Kristi Trail, 
Executive Director, Lake Pontchartrain Basin Foundation; and 
Mr. Tom Ford, Director, Santa Monica Bay National Estuary 
Program, The Bay Foundation. Topics discussed included the 
importance of reauthorizing federal appropriations for EPA's 
Lake Pontchartrain Basin Restoration Program to restore and 
preserve the ecological health and water quality of the Lake 
Pontchartrain Basin.

                 Legislative History and Consideration

    H.R. 1921 was introduced in the House on March 16, 2021, by 
Mr. Graves of Louisiana and referred to the Committee on 
Transportation and Infrastructure. Within the Committee, H.R. 
1921 was referred to the Subcommittee on Water Resources and 
Environment.
    The Subcommittee on Water Resources and Environment was 
discharged from further consideration of H.R. 1921 on March 24, 
2021.
    The Full Committee considered H.R. 1921 on March 24, 2021, 
and ordered the measure to be reported to the House with a 
favorable recommendation, by a record vote of 54 yeas and 3 
nays (Roll Call Vote No. 18).

                            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.
    H.R. 1921 was ordered to be favorably reported to the House 
of Representatives, by a record vote of 54 yeas and 3 nays 
(Roll Call Vote No. 18). The vote was as follows:

Vote: 18                            Measure: H.R. 1921
    On: agreeing to H.R. 1921 and ordering to be reported to 
the House, favorably.

----------------------------------------------------------------------------------------------------------------
                     Member                           Vote                    Member                    Vote
----------------------------------------------------------------------------------------------------------------
Mr. DeFazio.....................................          Yea   Mr. Graves of MO..................          Yea
Ms. Norton......................................          Yea   Mr. Young.........................  ............
Ms. Johnson of TX...............................          Yea   Mr. Crawford......................  ............
Mr. Larsen of WA................................          Yea   Mr. Gibbs.........................          Yea
Mrs. Napolitano.................................          Yea   Mr. Webster.......................          Yea
Mr. Cohen.......................................          Yea   Mr. Massie........................          Nay
Mr. Sires.......................................          Yea   Mr. Perry.........................          Nay
Mr. Garamendi...................................          Yea   Mr. Rodney Davis of IL............          Yea
Mr. Johnson of GA...............................          Yea   Mr. Katko.........................          Yea
Mr. Carson......................................          Yea   Mr. Babin.........................          Yea
Ms. Titus.......................................          Yea   Mr. Graves of LA..................          Yea
Mr. Maloney of NY...............................          Yea   Mr. Rouzer........................          Yea
Mr. Huffman.....................................          Yea   Mr. Bost..........................          Yea
Ms. Brownley....................................          Yea   Mr. Weber of TX...................          Yea
Ms. Wilson of FL................................  ............  Mr. LaMalfa.......................          Yea
Mr. Payne.......................................          Yea   Mr. Westerman.....................          Yea
Mr. Lowenthal...................................  ............  Mr. Mast..........................          Yea
Mr. DeSaulnier..................................          Yea   Mr. Gallagher.....................  ............
Mr. Lynch.......................................          Yea   Mr. Fitzpatrick...................          Yea
Mr. Carbajal....................................  ............  Miss Gonzalez-Colon...............          Yea
Mr. Brown.......................................          Yea   Mr. Balderson.....................          Yea
Mr. Malinowski..................................  ............  Mr. Stauber.......................  ............
Mr. Stanton.....................................          Yea   Mr. Burchett......................          Nay
Mr. Allred......................................          Yea   Mr. Johnson of SD.................          Yea
Ms. Davids of KS................................          Yea   Mr. Van Drew......................          Yea
Mr. Garcia of IL................................          Yea   Mr. Guest.........................  ............
Mr. Delgado.....................................          Yea   Mr. Nehls.........................          Yea
Mr. Pappas......................................          Yea   Ms. Mace..........................          Yea
Mr. Lamb........................................          Yea   Ms. Malliotakis...................          Yea
Mr. Moulton.....................................  ............  Ms. Van Duyne.....................  ............
Mr. Auchincloss.................................          Yea   Mr. Gimenez.......................  ............
Ms. Bourdeaux...................................          Yea   Mrs. Steel........................          Yea
Mr. Kahele......................................          Yea
Ms. Strickland..................................          Yea
Ms. Williams of GA..............................          Yea
Ms. Newman......................................          Yea
Vacancy                                           ............
----------------------------------------------------------------------------------------------------------------

                      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. 1921 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 19, 2021.
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. 1921, a bill to 
amend the Federal Water Pollution Control Act to reauthorize 
the Lake Pontchartrain Basin Restoration Program, and for other 
purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Stephen 
Rabent.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    
    	    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    	    
    	    
    

    H.R. 1921 would authorize the appropriation of $20 million 
annually over the 2022-2026 period for the Environmental 
Protection Agency's (EPA's) Lake Pontchartrain Basin 
Restoration Program. That program provides grants and technical 
assistance for projects that have been identified in a 
management plan approved under the EPA's National Estuary 
Program to improve the ecological health of the basin. In 2021, 
EPA received appropriations totaling $2 million to carry out 
the program. The bill also would require EPA to ensure the 
basin's management plan is revised at least every five years, 
expand the geographic definition of the basin, and allow EPA to 
use up to 5 percent of the appropriated funds to administer the 
program.
    Assuming appropriation of the specified amounts and based 
on spending patterns for similar programs, CBO estimates that 
implementing the bill would cost $89 million over the 2022-2026 
period and $11 million after 2026. 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. 1921
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, millions of dollars--
                                                ----------------------------------------------------------------
                                                   2021     2022     2023     2024     2025     2026   2021-2026
----------------------------------------------------------------------------------------------------------------
Authorization..................................        0       20       20       20       20       20       100
Estimated Outlays..............................        0       13       17       19       20       20        89
----------------------------------------------------------------------------------------------------------------

    The CBO staff contact for this estimate is Stephen Rabent. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of 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 
provide assistance to the Lake Pontchartrain Basin in 
addressing environmental challenges through efforts to protect 
and restore the habitat and health of the ecosystem.

                    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. 1921 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 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. 1921 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. Lake Pontchartrain Basin Restoration Program reauthorization

    Subsection (a) amends subsections (c) and (d) of section 
121 to require that the comprehensive conservation and 
management plan for the Lake Pontchartrain Basin be reviewed 
and revised in accordance with section 320 of the Clean Water 
Act (National Estuaries Program authority) not less often than 
every five years.
    Subsection (b) amends the definition of the term ``Basin'' 
(found in section 121(e)(1)) to address a technical issue 
related to the size of the Lake Pontchartrain Basin.
    Subsection (c) amends the existing authorization of 
appropriations for the Lake Pontchartrain Basin Program 
(section 121(f)) to authorize $20 million annually for fiscal 
years 2020 through 2024, and to allow the Administrator of EPA 
to use not more than 5 percent of appropriated funds for 
administrative expenses.

         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 italics, 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. 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[.]; 
        and
          (7) ensure that the comprehensive conservation and 
        management plan approved for the Basin under section 
        320 is reviewed and revised in accordance with section 
        320 not less often than once every 5 years, beginning 
        on the date of enactment of this paragraph.
  (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] identified in the comprehensive 
        conservation and management plan approved 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 2012 and the amount 
        appropriated for fiscal year 2009 for each of fiscal 
        years 2013 through 2017] 2022 through 2026. Such sums 
        shall remain available until expended.
          (2) Public education projects.--Not more than 15 
        percent of the amount appropriated pursuant to 
        paragraph (1) in a fiscal year may be expended on 
        grants for public education projects under subsection 
        (d)(2).
          (3) Administrative expenses.--The Administrator may 
        use for administrative expenses not more than 5 percent 
        of the amounts appropriated to carry out this section.

           *       *       *       *       *       *       *


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