[House Report 116-291]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-291
======================================================================
AMENDING THE FEDERAL WATER POLLUTION CONTROL ACT TO REAUTHORIZE THE
LAKE PONTCHARTRAIN BASIN RESTORATION PROGRAM, AND FOR OTHER PURPOSES
_______
November 14, 2019.--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. 4275]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 4275) to amend the Federal Water
Pollution Control Act to reauthorize the Lake Pontchartrain
Basin Restoration Program, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Legislative History and Consideration............................ 3
Committee Votes.................................................. 4
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
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. LAKE PONTCHARTRAIN BASIN RESTORATION PROGRAM
REAUTHORIZATION.
(a) Review of Comprehensive Management Plan.--Section 121 of the
Federal Water Pollution Control Act (33 U.S.C. 1273) is amended--
(1) in subsection (c)--
(A) in paragraph (5), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (6), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(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 five years, beginning on the date of
enactment of this paragraph.''; and
(2) in subsection (d), by striking ``recommended by a
management conference convened for the Basin under section
320'' and inserting ``identified in the comprehensive
conservation and management plan approved for the Basin under
section 320''.
(b) Definitions.--Section 121(e)(1) of the Federal Water Pollution
Control Act (33 U.S.C. 1273(e)(1)) is amended by striking ``, a 5,000
square mile''.
(c) Authorization of Appropriations.--Section 121(f) of the Federal
Water Pollution Control Act (33 U.S.C. 1273(f)) is amended--
(1) in paragraph (1), by striking ``2001 through 2012 and the
amount appropriated for fiscal year 2009 for each of fiscal
years 2013 through 2017'' and inserting ``2020 through 2024'';
and
(2) by adding at the end the following:
``(3) Administrative expenses.--The Administrator may use for
administrative expenses not more than 5 percent of the amounts
appropriated to carry out this section.''.
Purpose of Legislation
The purpose of H.R. 4275, as amended, 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-FY 2005.
Since fiscal year 2015, this program has received $900,000 in
appropriations annually.
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress the following hearing was used to develop or
consider H.R. 4275, as amended:
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: Preston D. Cole, Secretary, Wisconsin Department of
Natural Resources; Dave Pine, Supervisor, District 1, San Mateo
County Board of Supervisors, Chair of the San Francisco Bay
Restoration Authority Governing Board; Laura Blackmore,
Executive Director, Puget Sound Partnership; William C. Baker,
President, Chesapeake Bay Foundation; Kristi Trail, Executive
Director, Lake Pontchartrain Basin Foundation; and 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. 4275 was introduced in the House on September 11,
2019, by Mr. Graves of Louisiana and Mr. Richmond and referred
to the Committee on Transportation and Infrastructure. Within
the Committee, H.R. 4275 was referred to the Subcommittee on
Water Resources and Environment.
The Chair discharged the Subcommittee on Water Resources
and Environment from further consideration of H.R. 4275 on
September 19, 2019.
The Committee met in open session to consider H.R. 4275 on
September 19, 2019, and ordered the measure to be reported to
the House with a favorable recommendation, as amended, by voice
vote, a quorum being present.
The following amendment was offered:
An amendment offered by Mr. Graves of Louisiana (#1);
Page 1, after line 4: insert new subsections entitled
``(a) Review of Comprehensive Management''; and ``(b)
Definitions.''
Page 1, line 5, strike ``Section 121(f)'' and insert
a new subsection entitled ``(c) Authorization of
Appropriations.''; was AGREED TO by voice vote.
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.
No recorded votes were taken during consideration of H.R.
4275, as amended.
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. 4275, as amended,
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 1, 2019.
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. 4275, 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,
Mark P. Hadley
(For Phillip L. Swagel, Director).
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 4275 would authorize the appropriation of $20 million
annually over the 2020-2024 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 2019,
EPA received appropriations totaling $1 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 2020-2024
period and $11 million after 2024. 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. 4275
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
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2020 2021 2022 2023 2024 2020-2024
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Authorization...................................... 20 20 20 20 20 100
Estimated Outlays.................................. 13 17 19 20 20 89
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The CBO staff contact for this estimate is Stephen Rabent.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for 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 H.R. 4275, as amended, 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. 4275, as amended, 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 the 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. 4275, as amended,
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
Sec. 1. Lake Pontchartrain Basin Restoration Program reauthorization
This section, as amended, makes several changes to section
121 of the Clean Water Act.
First, 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.
Second, subsection (b) amends the definition of the term
``Basin'' (found in section 121(e)(1)) to address a technical
issue related to the size the Lake Pontchartrain Basin.
Finally, 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 italic, 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 five 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] 2020 through 2024 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.
* * * * * * *
[all]