[House Report 117-576]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {     117-576

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

 
              NEW YORK-NEW JERSEY WATERSHED PROTECTION ACT

                                _______
                                

 November 16, 2022.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 4677]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4677) to direct restoration and protection of 
the New York-New Jersey watersheds and estuaries hydrologically 
connected to New York-New Jersey Harbor, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``New York-New Jersey Watershed 
Protection Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Approved plans.--The term ``approved plan''--
                  (A) means any plan for management of the New York-New 
                Jersey Watershed--
                          (i) that has been approved by a Federal, 
                        regional, State, Tribal, or local governmental 
                        entity, including but not limited to State 
                        Wildlife Action Plans, Comprehensive 
                        Conservation Management Plans, Watershed 
                        Improvement Plans; or
                          (ii) that is determined by the Director, in 
                        consultation with such entities, to contribute 
                        to the achievement of the purposes of this Act; 
                        and
                  (B) includes the New York-New Jersey Harbor & Estuary 
                Program (HEP) Action Agenda, the Hudson Raritan 
                Comprehensive Restoration Plan, the Hudson River 
                Comprehensive Restoration Plan, the Hudson River 
                Estuary Program Action Agenda, the Hudson River Park 
                Trust Estuarine Sanctuary Management Plan, the Mohawk 
                River Action Agenda, the Sustainable Raritan River 
                Initiative Action Plan, the Lower Passaic and Bronx & 
                Harlem Federal Urban Waters Partnership Workplans, the 
                New Jersey Sports and Exhibition Authority Meadowlands 
                Restoration Plan, as well as other conservation 
                projects in the region that achieve the purposes of 
                this Act.
          (2) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
          (3) Environmental justice.--The term ``environmental 
        justice'' means the fair treatment and meaningful involvement 
        of all people regardless of race, color, national origin, or 
        income, with respect to the development, implementation, and 
        enforcement of environmental laws, regulations, and policies.
          (4) Foundation.--The term ``Foundation'' means the National 
        Fish and Wildlife Foundation.
          (5) Grant program.--The term ``grant program'' means the 
        voluntary New York-New Jersey Watershed Restoration Grant 
        Program established under section 4.
          (6) Program.--The term ``program'' means the New York-New 
        Jersey Watershed Restoration Program established under section 
        3.
          (7) Restoration and protection.--The term ``restoration and 
        protection'' means the conservation, stewardship, and 
        enhancement of habitat for fish and wildlife and water quality 
        to preserve and improve ecosystems and ecological processes on 
        which they depend and for use and enjoyment by the public.
          (8) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior, acting through the Director.
          (9) Service.--The term ``Service'' means the United States 
        Fish and Wildlife Service.
          (10) Watershed.--The term ``Watershed'' means the New York-
        New Jersey Watershed, which is comprised of all land area whose 
        surface water drains into New York-New Jersey Harbor, the 
        waters contained within that land area, and the estuaries 
        associated with those watersheds.

SEC. 3. PROGRAM ESTABLISHMENT.

  (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall establish a nonregulatory 
program to be known as the ``New York-New Jersey Watershed Restoration 
Program''.
  (b) Duties.--In carrying out the program, the Secretary shall--
          (1) draw on existing and new approved plans for the 
        Watershed, or portions of the Watershed, and work in 
        consultation with applicable management entities, including 
        representatives of the New York-New Jersey Harbor and Estuary 
        Program (HEP), Hudson River Estuary Program, Mohawk River Basin 
        Program, Sustainable Raritan River Initiative, the Federal 
        Government, and other State and local governments, and regional 
        and nonprofit organizations, as appropriate, to identify, 
        prioritize, and implement restoration and protection activities 
        within the Watershed; and
          (2) adopt a Watershed-wide strategy that--
                  (A) supports the implementation of a shared set of 
                science-based restoration and protection activities 
                developed in accordance with paragraph (1);
                  (B) targets cost-effective projects with measurable 
                results;
                  (C) maximizes conservation outcomes;
                  (D) prioritizes the needs of communities lacking in 
                environmental justice; and
                  (E) establishes the voluntary grant and technical 
                assistance programs authorized in this Act.
  (c) Consultation and Coordination.--In establishing the program, the 
Secretary shall, as appropriate--
          (1) consult with--
                  (A) the heads of Federal agencies, including--
                          (i) the Administrator of the Environmental 
                        Protection Agency;
                          (ii) the Administrator of the National 
                        Oceanic and Atmospheric Administration;
                          (iii) the Secretary of the U.S. Department of 
                        Agriculture;
                          (iv) the Director of the National Park 
                        Service; and
                          (v) other agencies, as appropriate; and
                  (B) Indian Tribes; and
          (2) coordinate with--
                  (A) the Governors of New York and New Jersey, along 
                with the Commissioner of the New York State Department 
                of Environmental Conservation and the Director of the 
                New Jersey Division of Fish and Wildlife;
                  (B) the New York-New Jersey Harbor & Estuary Program; 
                and
                  (C) other public agencies and organizations with 
                authority for the planning and implementation of 
                conservation strategies in the Watershed.
  (d) Purposes.--The purposes of the program include--
          (1) coordinating restoration and protection activities among 
        Federal, State, Tribal, local, and regional entities and 
        conservation partners throughout the Watershed;
          (2) carrying out coordinated restoration and protection 
        activities, and providing for technical assistance throughout 
        the Watershed--
                  (A) to sustain and enhance fish and wildlife habitat 
                restoration and protection activities;
                  (B) to improve and maintain water quality to support 
                fish, wildlife, and their habitat, as well as to 
                improve opportunities for public access and recreation 
                in the Watershed consistent with the ecological needs 
                of fish and wildlife habitat;
                  (C) to advance the use of natural and nature-based 
                features, living shoreline, natural climate solutions, 
                and other green infrastructure techniques to maximize 
                the resilience of communities, natural systems, and 
                habitats under changing sea levels, storm risks, and 
                watershed conditions;
                  (D) to engage the public, particularly communities 
                experiencing environmental injustice, through outreach, 
                education, and community involvement to increase 
                capacity and support for coordinated restoration and 
                protection activities in the Watershed;
                  (E) to increase scientific capacity to support the 
                planning, monitoring, and research activities necessary 
                to carry out coordinated restoration and protection 
                activities;
                  (F) to provide for feasibility and planning studies 
                for projects that achieve habitat restoration and 
                stormwater management goals;
                  (G) to support land conservation and management 
                activities necessary to fulfill the Watershed-wide 
                strategy adopted under subsection (b);
                  (H) to provide technical assistance to carry out 
                restoration and protection activities in the Watershed;
                  (I) to monitor environmental quality to assess 
                progress toward the goals of this Act; and
                  (J) to improve fish and wildlife habitats, as well as 
                opportunities for personal recreation, along rivers and 
                shore fronts within communities experiencing 
                environmental injustice; and
          (3) other activities necessary for the implementation of 
        approved plans.

SEC. 4. NEW YORK-NEW JERSEY WATERSHED RESTORATION GRANT PROGRAM.

  (a) Establishment.--The Secretary shall establish a voluntary grant 
and technical assistance program, to be known as the ``New York-New 
Jersey Watershed Restoration Grant Program'', to provide competitive 
matching grants of varying amounts to State, Tribal and local 
governments, nonprofit organizations, institutions of higher education, 
and other eligible entities to carry out activities described in 
section 3(d)(2).
  (b) Criteria.--The Secretary, in consultation with the agencies, 
organizations, and other persons referred to in section 3(c), shall 
develop criteria for the grant program to help ensure that activities 
funded under this section accomplish one or more of the purposes 
identified in section 3(d)(2) and advance the implementation of 
priority actions or needs identified in the Watershed-wide strategy 
adopted under section 3(b)(2).
  (c) Capacity Building.--The Secretary shall include grant program 
provisions designed to increase the effectiveness of organizations that 
work at the nexus of natural resource and community health issues 
within the New York-New Jersey Watershed by addressing organizational 
capacity needs.
  (d) Cost Sharing.--
          (1) Department of the interior share.--The Department of the 
        Interior share of the cost of a project funded under the grant 
        program shall not exceed 75 percent of the total cost of the 
        activity, as determined by the Secretary.
          (2) Non-department of the interior share.--
                  (A) In general.--The non-Department of the Interior 
                share of the cost of a project funded under the grant 
                program may be provided in cash or in the form of an 
                in-kind contribution of services or materials.
                  (B) Other federal funding.--Non-Department of the 
                Interior Federal funds may be used for not more than 25 
                percent of the total cost of a project funded under the 
                grant program.
          (3) Waiver.--The Secretary may waive all or part of the 
        matching requirement under section 4(d) if the Secretary 
        determines that--
                  (A) no reasonable means are available through which 
                an applicant can meet the matching requirement; and
                  (B) the probable benefit of the project outweighs the 
                public interest in the matching requirement.
  (e) Administration.--
          (1) In general.--The Secretary may enter into an agreement to 
        manage the grant program with the National Fish and Wildlife 
        Foundation or a similar organization that offers grant 
        management services.
          (2) Funding.--If the Secretary enters into an agreement under 
        paragraph (1), the organization selected shall--
                  (A) for each fiscal year, receive amounts made 
                available to carry out this section in an advance 
                payment of the entire amounts on October 1 of that 
                fiscal year, or as soon as practicable thereafter;
                  (B) invest and reinvest those amounts for the benefit 
                of the grant program; and
                  (C) otherwise administer the grant program to support 
                partnerships between the public and private sectors in 
                accordance with this Act.
          (3) Requirements.--If the Secretary enters into an agreement 
        with the Foundation under paragraph (1), any amounts received 
        by the Foundation under this section shall be subject to the 
        National Fish and Wildlife Foundation Establishment Act (16 
        U.S.C. 3701 et seq.), excluding section 10(a) of that Act (16 
        U.S.C. 3709(a)).

SEC. 5. ANNUAL REPORTS.

  Not later than 180 days after the date of enactment of this Act and 
annually thereafter, the Secretary shall submit to Congress a report on 
the implementation of this Act, including a description of each project 
that has received funding under this Act in the preceding fiscal year.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated to the 
Secretary to carry out this Act $25,000,000 for each of fiscal years 
2022 through 2027.
  (b) Use for Grant Program.--Of any amount made available under this 
section for each fiscal year, the Secretary shall use at least 75 
percent to carry out the grant program under section 4 and to provide, 
or provide for, technical assistance under such program.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4677 is to direct restoration and 
protection of the New York-New Jersey watersheds and estuaries 
hydrologically connected to New York-New Jersey Harbor.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Hudson River Basin encompasses approximately 14,000 
square miles in New York and New Jersey, with the river flowing 
315 miles from the Adirondack Mountains, through the Hudson 
Valley, and ending in New York Harbor. More than 23,000 miles 
of streams and rivers flow into the Hudson. Once home to tribes 
including the Mohawk and Lenape Tribes, the watershed is the 
most populous in the United States, generating over $60 billion 
per year in revenue from tourism and outdoor recreation.\1\ It 
is also home to dozens of endangered and threatened species, 
including the threatened Blanding's turtle\2\ and the 
endangered Atlantic sturgeon.\3\
---------------------------------------------------------------------------
    \1\Saving America's Most Crowded Watershed, Off. of U.S. Rep. Paul 
Tonko, https://tonko.house.gov/uploadedfiles/nynjwpa_one_pager_117.pdf 
(last accessed Nov. 7, 2022); see also Office of U.S. Senator Cory 
Booker, Press Release, Booker, Gillibrand, Menendez, Schumer Introduce 
Legislation to Protect the New York-New Jersey Watershed (Jan. 13, 
2022), https://www.booker.senate.gov/news/press/booker-gillibrand-
menendez-schumer-introduce-legislation-to-protect-the-new-york-new-
jersey-watershed.
    \2\Blanding's Turtle, N.Y. Dep't of Env't Conservation, https://
www.dec.ny.gov/animals/7166.html (last visited Nov. 7, 2022).
    \3\Am. Rivers, America's Most Endangered Rivers 6-7 (2019), https:/
/www.americanrivers.org/wp-content/uploads/2019/04/MER-Report-
2019_Full-Layout_FNL1.pdf.
---------------------------------------------------------------------------
    Threats to the watershed include toxic waste sites and 
polychlorinated biphenyls (PCBs) from industrial activities, 
sea-level rise and flooding, and hardened shorelines. In 2019, 
American Rivers named the Hudson River to its list of most 
endangered rivers in the United States.\4\ Environmental 
justice challenges along the Hudson include heavily 
industrialized and contaminated areas, chronic flooding, and 
poor public access to the river in low-income communities.
---------------------------------------------------------------------------
    \4\Id. at 3, 6-7; see also Riverkeeper, Press Release, Hudson River 
Named One of America's Most Endangered Rivers of 2019 (Apr. 16, 2019), 
https://www.riverkeeper.org/news-events/news/preserve-river-ecology/
hudson-river-named-one-of-americas-most-endangered-rivers-of-2019/.
---------------------------------------------------------------------------
    States, tribes, local governments, and nonprofit 
organizations have developed a series of restoration plans for 
the Hudson River basin. Restoration efforts throughout the 
region include installing living shorelines and restoring water 
flow, upgrading culverts, addressing public access issues, 
reducing pollution, and using native vegetation to improve 
water quality and reduce flooding.\5\ Federal involvement in 
the area's restoration initiatives includes the Hudson River 
National Estuarine Research Reserve, Army Corps projects, U.S. 
Fish and Wildlife Service (FWS) endangered species recovery, 
and the State and Tribal Wildlife Grants program.
---------------------------------------------------------------------------
    \5\See generally Daniel E. Miller, N.Y. Dep't of Env't 
Conservation, Hudson River Estuary Program, The Hudson River Estuary 
Habitat Restoration Plan (2013), https://www.dec.ny.gov/docs/
remediation_hudson_pdf/hrhrp.pdf; Partners Restoring the Hudson, Hudson 
River Comprehensive Restoration Plan (2018), http://
thehudsonweshare.org/wp-content/uploads/2018/07/
Hudson_River_Report_Final_August-2018_s.pdf.
---------------------------------------------------------------------------
    H.R. 4677 would direct the FWS, in coordination with 
federal, state, and local agencies and organizations, to build 
on the state and local restoration efforts and develop and 
adopt a watershed-wide restoration strategy to coordinate, 
fund, and provide technical assistance for conservation and 
restoration activities that promote healthy fish and wildlife 
habitats, improve water quality, use nature-based methods, 
increase public engagement, address the needs of environmental 
justice communities, and support monitoring and scientific 
research in the watershed. The bill would establish a grant 
program for activities consistent with the bill, allowing up to 
75% of the costs to be covered by the grants. The bill would 
authorize $25,000,000 for fiscal years 2022 through 2027.

                            COMMITTEE ACTION

    H.R. 4677 was introduced on July 22, 2021, by 
Representative Paul Tonko (D-NY). The bill was referred solely 
to the Committee on Natural Resources, and within the Committee 
to the Subcommittee on Water, Oceans, and Wildlife. On January 
20, 2022, the Subcommittee held a hearing on the bill. On 
February 16, 2022, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. Chair Raul M. Grijalva (D-AZ) offered an amendment in 
the nature of a substitute. Rep. Tonko offered an amendment 
designated Tonko #1 to the amendment in the nature of a 
substitute. The amendment was agreed to by voice vote. Rep. 
Russ Fulcher (R-ID) offered an amendment designated Fulcher #1 
to the amendment in the nature of a substitute. The amendment 
was withdrawn. Rep. Blake Moore (R-UT) offered an amendment 
designated Moore #1 to the amendment in the nature of a 
substitute. The amendment was not agreed to by a roll call vote 
of 18 yeas and 23 nays, as follows:

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    The amendment in the nature of a substitute, as amended, 
was agreed to by voice vote. The bill, as amended, was adopted 
and ordered favorably reported to the House of Representatives 
by a roll call vote of 24 yeas and 18 nays, as follows:

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                HEARINGS

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Water, Oceans, and Wildlife held 
on January 20, 2022.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, as well as clause 3(d) of rule XIII of the Rules of the 
House of Representatives, the Committee has received the 
following estimate for the bill from the Director of the 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 27, 2022.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4677, the New 
York-New Jersey Watershed Protection Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 4677 would authorize the appropriation of $25 million 
annually over the 2022-2027 period for the U.S. Fish and 
Wildlife Service (USFWS) to provide grants for restoration and 
habitat protection within the New York-New Jersey Watershed and 
to coordinate those activities. The bill would direct USFWS to 
allocate at least 75 percent of the authorized amounts for 
grants.
    For this estimate, CBO assumes that the legislation will be 
enacted late in fiscal year 2022 and that the authorized 
amounts will be provided each year. Using information from 
USFWS, CBO expects that the agency would enter into an 
agreement with the National Fish and Wildlife Foundation, a 
nonfederal entity, to manage the grant program on its behalf, 
as authorized under the bill. Thus, amounts provided to USFWS 
for the grant program would be transferred to the foundation in 
full at the beginning of each fiscal year starting in 2023. On 
that basis and using historical spending patterns for similar 
programs, CBO estimates that implementing H.R. 4677 would cost 
$124 million over the 2022-2026 period and $26 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. 4677
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2022    2023    2024    2025    2026    2027    2028    2029    2030    2031   2022-2026  2022-2031
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authorization.....................................      25      25      25      25      25      25       0       0       0       0       125        150
Estimated Outlays.................................       *      48      26      25      25      25       1       0       0       0       124        150
--------------------------------------------------------------------------------------------------------------------------------------------------------
* = between zero and $500,000.

    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to direct restoration and 
protection of the New York-New Jersey watersheds and estuaries 
hydrologically connected to New York-New Jersey Harbor.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    According to CBO, this bill contains no unfunded mandates 
as defined by the Unfunded Mandates Reform Act.

                           EXISTING PROGRAMS

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program. Such program was not included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139. The New York-New Jersey 
Watershed Restoration Grant Program established by this bill 
would be related and complementary to, but not duplicative of, 
the following programs identified in the most recent Catalog of 
Federal Domestic Assistance published pursuant to 31 U.S.C. 
Sec. 6104: Sport Fish Restoration (CFDA No. 15.605); Fish and 
Wildlife Management Assistance (CFDA No. 15.608); Wildlife 
Restoration and Basic Hunter Education (CFDA No. 15.611); 
Coastal Wetlands Planning, Protection and Restoration (CFDA No. 
15.614); Cooperative Endangered Species Conservation Fund (CFDA 
No. 15.615); North American Wetlands Conservation Fund (CFDA 
No. 15.623); Coastal (CFDA No. 15.630); Partners for Fish and 
Wildlife (CFDA No. 15.631); State Wildlife Grants (CFDA No. 
15.634); Tribal Wildlife Grants (CFDA No. 15.639); National 
Fish Passage (CFDA No. 15.685); and National Fish Habitat 
Partnership (CFDA No. 15.686).

                  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.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

                            ADDITIONAL VIEWS

    H.R. 4677, as amended by the Committee on Natural 
Resources, has numerous issues. During full committee markup, 
several Republican members expressed concerns over provisions 
included in the amendment in the nature of a substitute (ANS) 
for H.R. 4677. These issues included a high federal cost share 
for the program and a waiver for non-federal matching funds, no 
cap on federal administrative overhead costs, a high 
authorization of appropriations, no sunset, and no prohibition 
on federal land acquisition.
    To address some of these concerns, Congressman Blake Moore 
(R-UT) offered an amendment that would have aligned this bill 
with other watershed-wide programs in existence. First, the 
amendment removed the language included in the ANS that would 
have provided for a 75 percent federal cost share and allowed 
non-Department of the Interior federal dollars to be used as 
non-federal matching funds. It also removed the authority for 
the Secretary of the Interior to waive the bill's already 
lenient non-federal cost share requirements entirely. Instead, 
the amendment would have included standard cost share language 
requiring 50 percent of project cost be covered by the federal 
government and the remainder be covered by other project 
participants. The amendment also proposed good governance 
measures such as a three percent cap on administrative costs 
and a sunset of the program after seven years. While the 
Majority opposed this amendment, they made commitments to work 
with Mr. Moore and Republican members to address their 
concerns. While some of these concerns were resolved after the 
markup, there are still issues remaining with H.R. 4677 as 
amended that must be resolved.
    For these reasons, until the remaining issues are 
addressed, I oppose H.R. 4677 as reported by the Committee on 
Natural Resources.
                                                   Bruce Westerman.

                                  [all]