[House Report 106-594]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-594
======================================================================
LAKE PONTCHARTRAIN BASIN RESTORATION ACT OF 2000
May 2, 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. 2957]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2957) to amend the Federal Water
Pollution Control Act to authorize funding to carry out certain
water quality restoration projects for Lake Pontchartrain
Basin, Louisiana, 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 out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE
This Act may be cited as the ``Lake Pontchartrain Basin Restoration
Act of 2000''.
SEC. 2. NATIONAL ESTUARY PROGRAM.
(a) Finding.--Congress finds that the Lake Ponchartrain Basin 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 ``Lake Ponchartrain Basin, Louisiana and
Mississippi;'' before ``and Peconic Bay, New York.''.
SEC. 3. LAKE PONTCHARTRAIN BASIN.
(a) In General.--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. 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.
``(d) Grants.--The Administrator may make grants--
``(1) for restoration projects and studies recommended by a
management conference convened for the Basin under section 320;
``(2) for public education projects recommended by the
management conference; and
``(3) for the inflow and infiltration project sponsored by
the New Orleans Sewerage and Water Board and Jefferson Parish,
Louisiana.
``(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--
``(A) $100,000,000 for the inflow and infiltration
project sponsored by the New Orleans Sewerage and Water
Board and Jefferson Parish, Louisiana; and
``(B) $5,000,000 for each of fiscal years 2001
through 2005 to carry out this section.
Such sums shall remain available until expended.
``(2) Public education projects.--Not more than 15 percent of
the amount appropriated pursuant to paragraph (1)(B) in a
fiscal year may be expended on grants for public education
projects under subsection (d)(2).''.
Purpose and Summary
The purpose of H.R. 2957, the ``Lake Pontchartrain Basin
Restoration Act,'' is to provide financial and technical
assistance for water quality restoration activities in the Lake
Pontchartrain Basin.
Background and Need for Legislation
The Lake Pontchartrain Basin watershed covers a 5,000
square mile area and includes 16 Louisiana parishes and four
Mississippi counties. Almost 1.5 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. The Basin also includes Lakes Borgne and
Maurepas, and these three lakes comprise one of the largest
estuaries in the U.S. The Basin supports numerous species of
fish, birds, mammals, and plants, and its fisheries contribute
over $35 million to the local economy by providing much of the
seafood harvested in the Gulf Coast.
Since the 1940s, increasing population, urbanization, and
land use changes have adversely affected the Basin leading to
mounting environmental problems and declining health of the
watershed. Increasing growth and development coupled with
inadequate wastewater treatment, stormwater and agricultural
runoff, saltwater intrusion, and land subsidence have
contributed to shore erosion, wetland losses, and degraded
water quality. Since the 1960s, Lake Pontchartrain's famous
south shore has been closed for swimming and other recreational
activities, and by the mid-1980s most rivers, tributaries, and
lakes in the watershed failed to meet their ``designated uses''
under the Clean Water Act.
H.R. 2957 creates a Lake Pontchartrain Basin Restoration
Program within the Environmental Protection Agency (EPA) to
coordinate federal, state, and local efforts to reduce
pollution and to restore the ecological health of the Basin.
Discussion of Committee Bill and Section-by-Section Analysis
Section 1. Short title
Provides that the Act may be cited as the ``Lake
Pontchartrain Basin Restoration Act of 2000.''
Section 2. National Estuary Program
(a) Finding.--Finds that Lake Pontchartrain Basin is an
estuary of national significance.
(b) Addition to the National Estuary Program.--Amends
section 320(a)(2)(B) of the Federal Water Pollution Control Act
(the Clean Water Act) to add Lake Pontchartrain Basin to the
list of estuaries to receive priority consideration for
inclusion in the National Estuary Program.
Section 3. Lake Pontchartrain Basin
Adds new section 121 to title I of the Clean Water Act as
follows:
(a) Establishment of Restoration Program.--Establishes the
Lake Pontchartrain Basin Program within the EPA.
(b) Purpose.--Establishes as the purpose of the program the
restoration of the ecological health of the Basin by developing
and funding restoration projects and related scientific and
public education projects.
(c) Duties.--Requires EPA to: provide administrative and
technical assistance to a management conference for the Lake
Pontchartrain Basin convened under National Estuary Program
(section 320 of the Clean Water Act); assist and support the
activities of the management conference, including
implementation of recommendations of the management conference;
support environmental monitoring of the Basin and research to
provide necessary technical and scientific information; develop
a comprehensive research plan to address the technical needs of
the program; coordinate the grant, research, and planning
programs authorized under this section; and 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.
In carrying out the Lake Pontchartrain Basin Restoration
Program, the Committee intends EPA to convene a management
conference for the Basin under section 320 that includes the
Governor of the State of Louisiana, the Chairman of the
Regional Planning Commission for Jefferson, Orleans, St.
Bernard, and St. Tammany Parishes, the Chancellor of the
University of New Orleans (who will coordinate scientific input
from all universities in the basin with the aid of Southeastern
Louisiana University), the Executive Director of the Lake
Pontchartrain Basin Foundation, one northshore citizen
nominated by the parish executives in the basin north of Lake
Pontchartrain, and one southshore citizen nominated by the
parish executives in the basin south of Lake Pontchartrain. The
management conference should also include appropriate
representation from watershed areas in Mississippi.
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 does not create
new additional regulatory authority.
(d) Grants.--Authorizes EPA to make grants for restoration
projects and studies and public education projects recommended
by the management conference. Also authorizes grants for the
inflow and infiltration project sponsored by the New Orleans
Sewerage and Water Board and Jefferson Parish, Louisiana.
Annually, Jefferson Parish and Orleans Parish each should
submit to the management conference inflow and infiltration
plans for the coming fiscal year. Themanagement conference
should ensure that each parish inflow and infiltration plan advances
the overall goals of the Lake Pontchartrain Basin Restoration Program.
(e) Definitions.--Defines the terms ``Basin'' and
``program.''
(f) Authorization of Appropriations.--Authorizes
$100,000,000 for the inflow and infiltration project sponsored
by the New Orleans Sewerage and Water Board and Jefferson
Parish, Louisiana. Also authorizes $5,000,000 for each of
fiscal years 2001 through 2005 to carry out new section 121 of
the Act; provided, however, no more than 15 percent of annual
appropriations for such purposes may be expended on grants for
public education projects.
Hearings
On February 29, 2000, the Subcommittee on Water Resources
and Environment held a hearing on H.R. 2957 and other
legislation. Testimony on H.R. 2957 was given by Representative
Vitter (LA), and Representative Jefferson (LA). In addition,
testimony was given by representatives of local government and
academic organizations.
Committee Consideration
On April 5, 2000, the Subcommittee reported H.R. 2957
favorably to the Full Committee. The Subcommittee adopted a
substitute amendment that made technical changes; identified
Lake Pontchartrain Basin as an estuary of national significance
under EPA's National Estuary Program (NEP); established a Lake
Pontchartrain Basin Program within EPA; authorized EPA
assistance to an NEP Management Conference to develop and
implement a comprehensive conservation management plan;
authorized grants for public education projects; and,
authorized funding for inflow and infiltration projects.
On April 11, 2000, the Committee on Transportation and
Infrastructure met in open session and ordered the bill
reported to the House by unanimous voice vote.
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 roll call 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. 2957 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 and
Oversight on the subject of H.R. 2957.
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.
2957 from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 18, 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. 2957, the Lake
Pontchartrain Basin 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,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
congressional budget office cost estimate
H.R. 2957--Lake Pontchartrain Basin Restoration Act of 2000
Summary: H.R. 2957 would authorize the appropriation of $5
million for each of fiscal years 2001 through 2005 for the
Environmental Protection Agency (EPA) to establish a Lake
Pontchartrain Basin Restoration Program. This new program would
coordinate federal, state, and local efforts to restore the
basin. The bill also would authorize a one-time appropriation
of $100 million for an inflow and infiltration project
sponsored by the New Orleans Sewerage and Water Board and
Jefferson Parish. CBO estimates that implementing this
legislation would cost $108 million over the next five years,
assuming appropriation of the authorized amounts.
The bill would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. H.R. 2957
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 purposes of
this estimate, CBO assumes that the amounts authorized will be
appropriated for each fiscal year 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. 2957 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 million of dollars
-------------------------------------------------
2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated authorization level................................. 105 5 5 5 5
Estimated outlays............................................. 5 16 33 34 20
----------------------------------------------------------------------------------------------------------------
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 2957
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
jurisdictions in Louisiana and Mississippi within the Lake
Pontchartrain Basin if the Congress appropriates funds for
restoration projects and related scientific and public
education projects. Any costs to these jurisdictions would be
incurred voluntarily.
Estimate prepared by: Federal Costs: Susanne S. Mehlman,
impact on State, local, and tribal governments: Victoria Heid
Hall, and impact on the private sector: Jean Wooster.
Estimate approved by: Robert A. Sunshine, 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 italics, 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.
(d) Grants.--The Administrator may make grants--
(1) for restoration projects and studies recommended
by a management conference convened for the Basin under
section 320;
(2) for public education projects recommended by the
management conference; and
(3) for the inflow and infiltration project sponsored
by the New Orleans Sewerage and Water Board and
Jefferson Parish, Louisiana.
(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--
(A) $100,000,000 for the inflow and
infiltration project sponsored by the New
Orleans Sewerage and Water Board and Jefferson
Parish, Louisiana; and
(B) $5,000,000 for each of fiscal years 2001
through 2005 to carry out this section.
Such sums shall remain available until expended.
(2) Public education projects.--Not more that 15
percent of the amount appropriated pursuant to
paragraph (1)(B) in a fiscal year may be expended on
grants for public education projects under subsection
(d)(2).
* * * * * * *
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; Lake
Ponchartrain Basin, Louisiana and Mississippi;
and Peconic Bay, New York.
* * * * * * *