[House Report 106-840]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-840
======================================================================
MISSISSIPPI SOUND RESTORATION ACT OF 2000
_______
September 12, 2000.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 4104]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 4104) to amend the Federal Water
Pollution Control Act to authorize funding to carry out certain
water quality and barrier island restoration projects for the
Mississippi Sound, and for other purposes, having considered
the same, report favorably thereon with amendments and
recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mississippi Sound Restoration Act of
2000''.
SEC. 2. NATIONAL ESTUARY PROGRAM.
(a) Finding.--Congress finds that the Mississippi Sound is an estuary
of national significance.
(b) Addition to National Estuary Program.--Section 320(a)(2)(B) of
the Federal Water Pollution Control Act (33 U.S.C. 1330(a)(2)(B)) is
amended by inserting ``Mississippi Sound, Mississippi;'' before ``and
Peconic Bay, New York.''.
SEC. 3. MISSISSIPPI SOUND.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) is amended by adding at the end the following:
``SEC. 121. MISSISSIPPI SOUND.
``(a) Establishment of Restoration Program.--The Administrator shall
establish within the Environmental Protection Agency the Mississippi
Sound Restoration Program.
``(b) Purpose.--The purpose of the program shall be to restore the
ecological health of the Sound, including barrier islands, coastal
wetlands, keys, and reefs, by developing and funding restoration
projects and related scientific and public education projects and by
coordinating efforts among Federal, State, and local governmental
agencies and nonregulatory organizations.
``(c) Duties.--In carrying out the program, the Administrator shall--
``(1) provide administrative and technical assistance to a
management conference convened for the Sound 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 Sound 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 Sound.
``(d) Grants.--The Administrator may make grants--
``(1) for restoration projects and studies recommended by a
management conference convened for the Sound under section 320;
and
``(2) for public education projects recommended by the
management conference.
``(e) Definitions.--In this section, the following definitions apply:
``(1) Sound.--The term `Sound' means the Mississippi Sound
located on the Gulf Coast of the State of Mississippi.
``(2) Program.--The term `program' means the Mississippi
Sound Restoration Program established under subsection (a).
``(f) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section. Such sums shall
remain available until expended.''.
SEC. 4. SENSE OF THE CONGRESS.
It is the sense of the Congress that all recipients of grants under
this Act (including amendments made by this Act) shall abide by the Buy
American Act. The Administrator of the Environmental Protection Agency
shall give notice of the Buy American Act requirements to grant
applicants under this Act.
Amend the title so as to read:
A bill to amend the Federal Water Pollution Control Act to
authorize funding to carry out certain water quality and
environmental restoration projects for the Mississippi Sound,
Mississippi, and for other purposes.
Purpose and Summary
The purpose of H.R. 4104, the Mississippi Sound Restoration
Act of 2000, is to amend the Federal Water Pollution Control
Act (Clean Water Act) to require the Administrator of the
Environmental Protection Agency (EPA) to establish a
Mississippi Sound Restoration Program within EPA and to carry
out water quality and environmental restoration projects for
the Sound.
Background and Need for Legislation
The Mississippi Sound encompasses approximately 2,400
square miles in the Mississippi Gulf Coast area. The Sound
provides a diverse environment and varied habitats in which
numerous fish, bird, mammal and plant species thrive, and
supports successful seafood and other water-dependent
industries, as well as extensive recreational opportunities,
all of which are important to the region's economy and quality
of life.
However, increasing population growth and rapid economic
development pose serious threats to the Sound's continued
ability to support its many uses. Many communities have
inadequate or nonexistent sewer systems, or septic systems that
operate improperly, leading to untreated or partially treated
sewage entering the Sound. The barrier island system in the
Sound is also at risk, and it provides important habitat and
protects the coast from shore erosion. The Sound's health is
threatened, as evidenced by the numerous oyster bank and beach
closings occurring from these and other factors.
There is a need for additional resources and improved
coordination among federal, state, and local government and
non-governmental organizations in order to restore and protect
the Sound.
Discussion of Committee Bill and Section-by-Section Analysis
Section 1. Short title
This section provides that the Act may be cited as the
``Mississippi Sound Restoration Act of 2000.''
Section 2. National Estuary Program
This section includes a Congressional finding that the
Mississippi Sound is an estuary of national significance. It
also amends section 320(a)(2)(B) of the Clean Water Act to add
the Mississippi Sound to the list of estuaries to receive
priority consideration for inclusion in the National Estuary
Program (NEP).
Section 3. Mississippi Sound
This section adds a new section 121 to title I of the Clean
Water Act. The new section 121 authorizes EPA to establish a
Mississippi Sound Restoration Program within EPA. The purpose
of the new program will be to restore the ecological health of
the Sound by developing and funding restoration projects and
related scientific and public education projects, and by
coordinating federal, state, and local governmental and non-
governmental agency efforts.
EPA's duties in carrying out the new program include:
providing administrative and technical assistance to a
management conference for the Mississippi Sound convened under
the NEP (section 320 of the Clean Water Act); assisting and
supporting the activities of the management conference,
including implementation of the conference's recommendations;
supporting environmental monitoring of the Sound and research
to provide necessary technical and scientific information;
developing a comprehensive research plan to address the
program's technical needs; coordinating the grant, research,
and planning programs authorized under this section; and
collecting and making available to the public publications and
other forms of information the management conference determines
to be appropriate, relating to the environmental quality of the
Sound.
The EPA Administrator is authorized to make grants for
restoration projects and studies and for public education
projects recommended by a management conference convened under
section 320. This section authorizes ten million dollars for
such grants to remain available until expended.
In carrying out the Mississippi Sound Program, the
Committee intends EPA to convene a management conference for
the Sound under section 320 that includes the Governor of the
State of Mississippi, one representative from each of Hancock
County, Harrison County, and Jackson County, designated by the
board of supervisors of the County, the Director or a designee
of the Gulf Coast Research Lab located in Ocean Springs,
Mississippi, and the Director or a designee of the Mississippi
Department of Marine Resources.
The Committee intends that this management conference be
subject to all appropriate open meeting and ethics laws and
regulations. In addition, the Committee understands that this
legislation focuses on restoration projects and the use of
existing authorities. It does not create new additional
regulatory authority.
Section 4. Sense of Congress
This section includes a Sense of Congress that all grant
recipients under this Act shall abide by the Buy American Act,
and the EPA Administrator shall give notice of this requirement
to all grant applicants.
Hearings
No hearings were held to specifically address H.R. 4104.
However, the Water Resources and Environment Subcommittee held
several hearings this Congress on ocean and coastal water
quality issues, including one on February 29, 2000 at which
testimony was heard from Representatives and stakeholders from
the Gulf Coast region on water quality issues similar to those
faced by the Mississippi Sound.
Committee Consideration
On July 26, 2000, the Committee on Transportation and
Infrastructure met in open session, discharged H.R. 4104 from
the Subcommittee on Water Resources and Environment, and
ordered the bill reported, as amended, to the House by voice
vote.
The Committee adopted an amendment in the nature of a
substitute that made technical changes; amended section 320 of
the Clean Water Act to include the Mississippi Sound for
priority consideration as part of the NEP; established a
Mississippi Sound Restoration Program; authorized $10 million
for EPA assistance in carrying out the Mississippi Sound
program and activities recommended by a management conference
convened under section 320; and, included a Sense of Congress
regarding compliance with the Buy American Act.
Rollcall Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each rollcall 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 ordering H.R.
4104 reported.
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.
Cost of Legislation
Clause 3(d)(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.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform on the
subject of H.R. 4104.
3. 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 following cost estimate for H.R.
4104 from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 2, 2000.
Hon. Bud Shuster,
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. 4104, the
Mississippi Sound Restoration Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Susanne S.
Mehlman (for federal costs), and Victoria Heid Hall (for the
state and local impact).
Sincerely,
Steven Lieberman
(For Dan L. Crippen, Director).
Enclosure.
H.R. 4104--Mississippi Sound Restoration Act of 2000
Summary: H.R. 4104 would authorize a one-time appropriation
of $10 million for the Environmental Protection Agency (EPA) to
establish a Mississippi Sound Restoration Program. This new
program would coordinate federal, state, and local efforts to
restore the sound. CBO estimates that implementing this
legislation would cost $10 million over the next five years,
assuming appropriation of the authorized amount.
The bill would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. H.R. 4104
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: For this
estimate, CBO assumes that the authorized amount will be
appropriated over the 2001-2004 period and that outlays will
occur at rates similar to those for other EPA activities
associated with water restoration projects. The estimated
budgetary impact of H.R. 4104 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and the environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...................................... 2 3 3 2 0
Estimated Outlays.................................................. 1 2 3 3 1
----------------------------------------------------------------------------------------------------------------
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 4104
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Implementing the bill would benefit
Mississippi if the Congress appropriates funds for restoration
projects and related scientific and public education projects.
Any costs to the state or local governments would be incurred
voluntarily.
Estimate prepared by: Federal Costs: Susanne S. Mehlman.
Impact on State, Local, and Tribal Governments: Victoria Heid
Hall. Impact on the Private Sector: Lauren Marks.
Estimate Approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
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.)
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 the 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.)
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, 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. MISSISSIPPI SOUND.
(a) Establishment of Restoration Program.--The Administrator
shall establish within the Environmental Protection Agency the
Mississippi Sound Restoration Program.
(b) Purpose.--The purpose of the program shall be to restore
the ecological health of the Sound, including barrier islands,
coastal wetlands, keys, and reefs, by developing and funding
restoration projects and related scientific and public
education projects and by coordinating efforts among Federal,
State, and local governmental agencies and nonregulatory
organizations.
(c) Duties.--In carrying out the program, the Administrator
shall--
(1) provide administrative and technical assistance
to a management conference convened for the Sound 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 Sound 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 Sound.
(d) Grants.--The Administrator may make grants--
(1) for restoration projects and studies recommended
by a management conference convened for the Sound under
section 320; and
(2) for public education projects recommended by the
management conference.
(e) Definitions.--In this section, the following definitions
apply:
(1) Sound.--The term ``Sound'' means the Mississippi
Sound located on the Gulf Coast of the State of
Mississippi.
(2) Program.--The term ``program'' means the
Mississippi Sound Restoration Program established under
subsection (a).
(f) Authorization of Appropriations.--There is authorized to
be appropriated $10,000,000 to carry out this section. Such
sums shall remain available until expended.
* * * * * * *
TITLE III--STANDARDS AND ENFORCEMENT
* * * * * * *
SEC. 320. NATIONAL ESTUARY PROGRAM.
(a) Management Conference.--
(1) * * *
(2) Convening of conference.--
(A) * * *
(B) Priority consideration.--The
Administrator shall give priority consideration
under this section to Long Island Sound, New
York and Connecticut; Narragansett Bay, Rhode
Island; Buzzards Bay, Massachusetts;
Massachusetts Bay, Massachusetts (including
Cape Cod Bay and Boston Harbor); Puget Sound,
Washington; New York-New Jersey Harbor, New
York and New Jersey; Delaware Bay, Delaware and
New Jersey; Delaware Inland Bays, Delaware;
Albermarle Sound, North Carolina; Sarasota Bay,
Florida; San Francisco Bay, California; Santa
Monica Bay, California; Galveston Bay, Texas;
Barataria-Terrebonne Bay estuary complex,
Louisiana; Indian River Lagoon, Florida;
Mississippi Sound, Mississippi; and Peconic
Bay, New York.
* * * * * * *