[Senate Report 114-294]
[From the U.S. Government Publishing Office]
Calendar No. 548
114th Congress } { Report
SENATE
2d Session } { 114-294
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DELAWARE RIVER BASIN CONSERVATION ACT OF 2015
_______
June 7, 2016.--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. 921]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 921) to direct the Secretary of the
Interior to establish a nonregulatory program to build on and
help coordinate funding for restoration and protection efforts
of the 4-State Delaware River Basin region, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
GENERAL STATEMENT AND BACKGROUND
The Delaware River Basin includes the Delaware River
watershed in New York, Pennsylvania, New Jersey, and Delaware
and the Delaware Bay. The Basin is home to more than 8 million
people who depend on it as an economic engine, a place of
recreation, a source of clean drinking water, and a vital
habitat for fish and wildlife.
The Basin encompasses significant acres of wetlands and
forest. This landscape provides essential ecosystem services,
including recreation, commercial activity, and water quality
benefits. The basin also provides drinking water to many
cities, including New York and Philadelphia. The Delaware River
is the longest undammed river east of the Mississippi, and a
critical component of the National Wild and Scenic River System
in the Northeast.
Although organizations like the Partnership for the
Delaware Estuary and the Delaware River Basin Commission are
successful in their respective efforts, existing programs have
limited resources to fully address the habitat, recreation, and
water-related challenges in the entire Basin in a fully
coordinated manner. In addition to current Basin funding and
programs, a basin-wide program would bolster restoration and
conservation in the region through strategic grant-making and
more coordinated implementation of existing funding mechanisms
at the Federal, regional, State, and local level.
The Delaware River Basin Conservation Act of 2015 requires
the Secretary of the Interior to establish the Delaware River
Basin Restoration Program (Program) within the U.S. Fish and
Wildlife Service (Service). In establishing the Program, the
Director of the Service is required to draw on existing
management plans and work in consultation with existing
organizations in the basin to identify, prioritize, and
implement restoration and protection activities in the entire
Basin and adopt a basin-wide strategy for implementation of the
Program.
The primary purpose of the Program is to develop and
implement a coordinated approach to sustain and enhance
habitat, water quality and water management improvements in the
Delaware River basin. The bill authorizes a competitive
matching grant program to carry out high priority projects and
requires the Director to provide for additional technical
assistance to support on-the-ground projects. The Act also
requires consultation with other Federal Agencies, States, and
other public agencies and organizations involved in planning
and implementation of conservation strategies in the Basin.
OBJECTIVES OF THE LEGISLATION
The Delaware River Basin Conservation Act of 2015 (S. 921)
requires the Secretary of the Interior acting through the
Director of the U.S. Fish and Wildlife Service to establish the
Delaware River Basin Restoration Program and to provide grants
and technical assistance to carry out the purposes of the
Program.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 states that the Act may be cited as the `Delaware
River Basin Conservation Act of 2015'.
Section 2. Findings
Section 2 includes findings regarding the Delaware River
Basin and the need for restoration of this basin.
Section 3. Definitions
Section 3 includes definitions for terms used in the Act.
Section 4. Program establishment
Section 4 directs the Secretary of the Interior acting
through the Director of the Fish and Wildlife Service
(Secretary) to establish a Delaware River Basin restoration
program within 180 days. In carrying out the program, the
Secretary shall draw on existing and new management plans for
the Basin and work in consultation with applicable management
entities; adopt a basin-wide strategy to support implementation
of a shared set of restoration and protection activities and
support cost-effective and measurable conservation efforts;
establish a grant program; and provide technical assistance.
In carrying out the program, the Secretary is also directed
to consult with the heads of relevant Federal agencies, the
Governors of the Basin States, the Partnership for the Delaware
Estuary, the Delaware River Basin Commission, the fish and
wildlife joint venture partnerships, and other public agencies
and organizations involved in conservation of the basin.
Section 4 lists the purposes of the program, which include
coordinating restoration and protection activities, carrying
out coordinated restoration and protection activities, and
providing competitive grants for technical assistance.
Section 5. Grants and assistance
Section 5 directs the Secretary to establish a Delaware
River Basin restoration grant program to provide competitive
matching grants of varying amounts to carry out the purposes of
the Program. This section requires that grants accomplish one
or more listed activities, including restoration and protection
of fish and wildlife species and their habitats, improvement or
protection of water quality, improvement of the management of
water volume and mitigation of flood damage to support the
ecological needs of fish and wildlife, actions identified in
the basin-wide strategy developed pursuant to Section 4, and
restoration and protection activities with multiple benefits in
the Basin.
Section 5 establishes that the Federal cost-share of any
grant shall not exceed 50 percent of the total cost of the
activity funded. Non-Federal costs can be provided in cash or
in-kind contribution of services or materials.
Section 5 authorizes the Secretary to enter into an
agreement with the National Fish and Wildlife Foundation or
other similar organizations to manage the grant program. Any
organization selected to manage the grant program shall receive
amounts to carry out this section at the beginning of each
fiscal year, shall invest and reinvest those amounts for the
benefit of the program, and shall administer the program in
accordance with this Act.
Section 6. Annual reports
Not later than 180 days after the date of enactment and
annually thereafter, the Secretary must submit a report to
Congress on the implementation of the Act, including a
description of each project that has received funding under the
Act.
Section 7. Authorization of appropriations
This section authorizes $5 million for each of fiscal years
2016 through 2021 to carry out this Act. Seventy-five percent
of any amount made available to the Secretary to carry out the
Act must be used to carry out the grant program and to prove
technical assistance.
LEGISLATIVE HISTORY
S. 921 was introduced by Sen. Carper on April 14, 2015. The
bill has 6 co-sponsors. The bill was received, read twice and
referred to the Committee on Environment and Public Works.
On May 18, 2016, the Full Committee met to consider a
number of bills including S. 921 and reported the bill
favorably.
HEARINGS
In the 112th Congress, on April 24, 2012, the Subcommittee
on Water and Wildlife held a legislative hearing to consider a
number of items, including a previous version of S. 921.
ROLLCALL VOTES
The Committee on Environment and Public Works met to
consider S. 921 on May 18, 2016. The bill was ordered to be
reported favorably by voice vote. No rollcall votes were taken
on this bill.
REGULATORY IMPACT STATEMENT
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 921
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 (CBO) has found, ``S. 921 contains no
intergovernmental or private-sector mandates as defined in UMRA
and would benefit state and local governments, as well as
public institutions of higher education, by authorizing grants
and technical assistance to support restoration activities in
the Delaware River Basin.''
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:
June 10, 2016.
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. 921, the Delaware
River Basin Conservation Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall.
Enclosure.
S. 921--Delaware River Basin Conservation Act of 2015
Summary: S. 921 would authorize the appropriation of $5
million a year through 2021 for a program to restore the
Delaware River Basin. Assuming appropriation of the authorized
amounts, CBO estimates that implementing the bill would cost
$24 million over the 2017-2021 period and $1 million after
2021. Enacting the legislation would not affect direct spending
or revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 921 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
S. 921 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 921 is shown in the following table. The
cost of this legislation falls within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
---------------------------------------------
2017 2018 2019 2020 2021 2017-2021
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level............................................... 5 5 5 5 5 25
Estimated Outlays................................................. 4 5 5 5 5 24
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Basis of estimate: For this estimate, CBO assumes that S.
921 will be enacted early in 2017 and that the authorized
amounts will be appropriated for each fiscal year. Estimated
outlays are based on historical spending patterns for similar
activities.
S. 921 would authorize the appropriation of $5 million a
year through 2021 for the Delaware River Basin Restoration
Program. Under the program, the U.S. Fish and Wildlife Service
would coordinate restoration activities and provide grants to
entities involved in restoring the basin. The bill also would
require the agency to submit annual reports to the Congress
describing activities conducted under the program. CBO
estimates that implementing the legislation would cost $24
million over the 2017-2021 period and $1 million after 2021.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: S. 921
contains no intergovernmental or private-sector mandates as
defined in UMRA and would benefit state and local governments,
as well as public institutions of higher education, by
authorizing grants and technical assistance to support
restoration activities in the Delaware River Basin. Any costs
incurred by those entities, including matching contributions,
would result from participating in a voluntary federal program.
Estimate prepared by: Federal costs: Jeff LaFave; Impact on
state, local, and tribal governments: Jon Sperl; Impact on the
private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Assistant Director for
Budget Analysis.
[all]