[Senate Report 114-161]
[From the U.S. Government Publishing Office]
114th Congress } { Report
SENATE
1st Session } { 114-161
======================================================================
AN ACT TO AMEND THE FEDERAL WATER POLLUTION CONTROL ACT TO REAUTHORIZE
THE NATIONAL ESTUARY PROGRAM, AND FOR OTHER PURPOSES
_______
October 29, 2015.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1523]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 1523) to amend the Federal Water
Pollution Control Act to reauthorize the National Estuary
Program, and for other purposes, having considered the same,
and recommends the bill do pass.
General Statement and Background
The most simplistic definition of an estuary is a place
where fresh water meets the sea. In its broader meaning, an
estuary is defined as a semi-enclosed coastal body of water
with freshwater flowing into it and a connection to the open
sea.
In 1987, Congress established the National Estuary Program
(NEP) by adding section 320 to the Clean Water Act (CWA)
through amendments to that Act sponsored by the late Senator
John Chafee (R-RI). Section 320 authorizes states to nominate
and the Environmental Protection Agency (EPA) to identify
estuaries of national significance and to convene a management
conference for that estuary.
Each management conference is made up of representatives
from federal, state and local government agencies responsible
for managing the estuary's resources, as well as members of the
community--citizens, business leaders, educators, and
researchers. These stakeholders work together using a
consensus-based approach to identify problems in the estuary,
and to create and implement a formal management plan, called a
Comprehensive Conservation and Management Plan (CCMP), that
recommends specific targeted actions designed to address water
quality, a balanced indigenous population of shellfish, fish,
and wildlife, and recreational activities and assure that the
designated uses of the estuary are protected.
Section 320 authorizes EPA to make cost-shared grants for
the development and implementation of CCMPs. The federal share
for the development of a plan may not exceed 75 percent of the
costs and the federal share for plan implementation may not
exceed 50 percent of the costs.
In 2004, in P.L. 108-399, Congress extended the
authorization of appropriations for section 320 of the CWA
through fiscal year 2010 at $35,000,000 per year. Although the
authorization for this program expired in 2010, the program has
continued to receive annual appropriations, including $26
million in 2015. With this funding, EPA typically allocates
approximately $600,000 to each of the 28 estuaries in the
program, totaling approximately $16,800,000.
Objectives of the Legislation
The objective of S. 1523 is to amend section 320 of the
Federal Water Pollution Control Act to revise and reauthorize
the National Estuary Program.
Section-by-Section Analysis
S. 1523 as it passed the Senate on August 5, 2015.
SEC. 1. NATIONAL ESTUARY PROGRAM REAUTHORIZATION; COMPETITIVE AWARDS.
Paragraph (1) of section 1 of S. 1523 amends subsection (g)
section 320 of the Clean Water Act. Subsection (g) authorizes
grants for CCMP development and implementation. S. 1523 adds
new paragraph (4) to this subsection.
New paragraph (4) authorizes 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, to address issues
that threaten the water quality, ecological, and economic well-
being of coastal areas, including loss of seagrasses, recurring
harmful algae blooms; unusual marine mammal mortalities;
invasive exotic species, jellyfish proliferation, flooding that
may be related to sea level rise or wetland degradation or
loss, and low dissolved oxygen conditions.
Paragraph (2) of section 1 of S. 1523 revises Clean Water
Act section 320(i), ``Authorization of Appropriations.''
As amended, paragraph (1) of subsection (i) authorizes
appropriations for each of fiscal years 2016 through 2020, at
an amount of $26 million per year, for the making grants under
subsection (g) and for EPA administrative expenses. This
authorization level is consistent with recent appropriations.
The amendment also places a new limit in paragraph (1) on EPA's
administrative expenses of not to exceed 5 percent of the total
amount appropriated.
As amended, paragraph (2) of subsection (i) provides that
not less than 80 percent of each year's appropriation must be
used for grants under subsection (g)(2) for the development,
implementation, and monitoring of CCMPs and not less than 15
percent must be used for grants to address coastal areas under
new subsection (g)(4).
These amendments to subsection (i) have the effect of
ensuring that a greater amount of each year's federal
appropriations is directed to local efforts. If $26,000,000 is
appropriated then each of the 28 estuaries currently in the
program would receive nearly $743,000 a year. In addition,
these allocations would provide $3,900,000 annually for local
actions to address the ecological and economic well-being of
coastal areas.
Legislative History
Senator Whitehouse and Senator Vitter introduced S. 1523 on
June 8, 2015. The bill was referred to the Committee on
Environment and Public Works. On August 5, 2015 the Committee
on Environment and Public Works held a business meeting to
consider S. 1523. The bill was approved by the Committee by
voice vote without amendment. On August 5, 2015, S. 1523 passed
the Senate with an amendment (S. Amdt. 2639--To modify the
authorization of appropriations) by Unanimous Consent.
Hearings
No committee hearings were held on S. 1523.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 1523 on August 5, 2015. The bill was ordered
favorably reported by voice vote. No rollcall votes were taken.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 1523
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee notes that the Congressional
Budget Office found that S. 1523 contains no intergovernmental
or private-sector mandates as defined in the Unfunded Mandates
Reform Act (UMRA), and any costs incurred by state, local, or
tribal governments, including matching contributions, would
result from participation in a voluntary federal program.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
August 20, 2015.
Hon. Jim Inhofe, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1523, an act to
amend the Federal Water Pollution Control Act to reauthorize
the National Estuary 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 Aurora
Swanson.
Sincerely,
Keith Hall.
Enclosure.
S. 1523--An act to amend the Federal Water Pollution Control Act to
reauthorize the National Estuary Program, and for other
purposes
Summary: S. 1523 would authorize the appropriation of $26
million annually over the 2016-2020 period for the
Environmental Protection Agency's (EPA) 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 $112
million over the 2016-2020 period, assuming appropriation of
the authorized amounts.
Enacting S. 1523 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
S. 1523 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA),
and 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
-------------------------------------------------------
2016 2017 2018 2019 2020 2016-2020
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 26 26 26 26 26 130
Estimated Outlays....................................... 12 22 26 26 26 112
----------------------------------------------------------------------------------------------------------------
Basis of Estimate: CBO assumes that S. 1523 will be enacted
near the start of 2016 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 at the end of 2010,
but $26 million was appropriated for the program for 2015.
Under the National Estuary Program, EPA develops plans for
attaining or maintaining water quality in an estuary.
Intergovernmental and Private-Sector Impact: S. 1523
contains no intergovernmental or private-sector mandates as
defined in UMRA, and 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 22, 2015, CBO transmitted a
cost estimate for H.R. 944, a bill to reauthorize the National
Estuary Programs, and for other purposes, as ordered reported
by the House Committee on Transportation and Infrastructure on
April 14, 2015. Both H.R. 944 and S. 1523 would reauthorize the
National Estuary Program, although H.R. 944 would authorize the
appropriation of $1 million more annually over the 2016-2020
period.
Estimate prepared by: Federal Costs: Aurora Swanson; Impact
on state, local, and tribal governments: Jon Sperl; Impact on
the private sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
Federal Water Pollution Control Act
* * * * * * *
Sec. 101. (a) The objective of this Act is to restore and
maintain the chemical, physical, and biological integrity of
the Nation's waters. In order to achieve this objective it is
hereby declared that, consistent with the provisions of this
Act--
* * * * * * *
SEC. 320. NATIONAL ESTUARY PROGRAM.
(a) Management Conference.--
* * * * * * *
(g) Grants.--
(1) Recipients.--The Administrator is authorized to
make grants to 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.
(2) Purposes.--Grants under this subsection shall be
made to pay for activities necessary for the
development and implementation of a comprehensive
conservation and management plan under this section.
(3) Federal share.--The Federal share of a grant to
any person (including a State, interstate, or regional
agency or entity) under this subsection for a fiscal
year--
(A) shall not exceed--
(i) 75 percent of the annual
aggregate costs of the development of a
comprehensive conservation and
management plan; and
(ii) 50 percent of the annual
aggregate costs of the implementation
of the plan; and
(B) shall be made on condition that the non-
Federal share of the costs are provided from
non-Federal sources.
(4) Competitive awards.--
(A) In general.--Using the amounts 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.--The
Administrator shall select award recipients
under this paragraph that, as determined by the
Administrator, are best able to address urgent
and challenging issues that threaten the
ecological and economic well-being of coastal
areas, including--
(i) extensive seagrass habitat losses
resulting in significant impacts on
fisheries and water quality;
(ii) recurring harmful algae blooms;
(iii) unusual marine mammal
mortalities;
(iv) invasive exotic species that may
threaten wastewater systems and cause
other damage;
(v) jellyfish proliferation limiting
community access to water during peak
tourism seasons;
(vi) flooding that may be related to
sea level rise or wetland degradation
or loss; and
(vii) 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 2016 through 2020 for--
(A) making grants and awards under subsection
(g); and
(B) expenses relating to the administration
of grants or awards by the Administrator under
this section, including the award and oversight
of grants and awards, subject to the condition
that such expenses may not exceed 5 percent of
the amount appropriated under this subsection
for a fiscal year.
(2) Allocations.--
(A) Conservation and management plans.--Not
less than 80 percent of the amount made
available under this subsection for a fiscal
year shall be used by the Administrator for the
development, implementation, and monitoring of
each conservation and management plan eligible
for grant assistance under subsection (g)(2).
(B) Competitive awards.--Not less than 15
percent of the amount made available under this
subsection for a fiscal year shall be used by
the Administrator for making competitive awards
under subsection (g)(4).