[Senate Report 115-180]
[From the U.S. Government Publishing Office]
Calendar No. 255
115th Congress } { Report
SENATE
1st Session } { 115-180
_______________________________________________________________________
A BILL TO REQUIRE THE UNDER SECRETARY FOR OCEANS AND ATMOSPHERE TO
UPDATE PERIODICALLY THE ENVIRONMENTAL SENSITIVITY INDEX PRODUCTS OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION FOR EACH COASTAL AREA
OF THE GREAT LAKES, AND FOR OTHER PURPOSES
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1586
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
October 31, 2017.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
79-010 WASHINGTON : 2017
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifteenth congress
first session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada CORY A. BOOKER, New Jersey
JAMES M. INHOFE, Oklahoma TOM UDALL, New Mexico
MIKE LEE, Utah GARY C. PETERS, Michigan
RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West TAMMY DUCKWORTH, Illinois
Virginia
CORY GARDNER, Colorado MARGARETWOODHASSAN, NewHampshire
TODD C. YOUNG, Indiana CATHERINE CORTEZ MASTO, Nevada
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Calendar No. 255
115th Congress } { Report
SENATE
1st Session } { 115-180
======================================================================
A BILL TO REQUIRE THE UNDER SECRETARY FOR OCEANS AND ATMOSPHERE TO
UPDATE PERIODICALLY THE ENVIRONMENTAL SENSITIVITY INDEX PRODUCTS OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION FOR EACH COASTAL AREA
OF THE GREAT LAKES, AND FOR OTHER PURPOSES.
_______
October 31, 2017.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 1586]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1586) to require the Under
Secretary for Oceans and Atmosphere to update periodically the
environmental sensitivity index products of the National
Oceanic and Atmospheric Administration for each coastal area of
the Great Lakes, and for other purposes, having considered the
same, reports favorably thereon with an amendment (in the
nature of a substitute) and recommends that the bill (as
amended) do pass.
Purpose of the Bill
S. 1586 would require the National Oceanic and Atmospheric
Administration (NOAA) to begin updating its Environmental
Sensitivity Index (ESI) maps for the Great Lakes not later than
180 days after the date of enactment of the Act and would
direct the Under Secretary for Oceans and Atmosphere (Under
Secretary) to endeavor to update all ESI maps not less
frequently than once every 7 years, subject to availability of
appropriations and certain enumerated priorities.
Background and Needs
ESI maps
ESI maps are concise compilations of information about
coastal shoreline sensitivity, biological resources, and human
resources. This information is used in planning to create
cleanup strategies before an accident occurs so that
authorities are prepared to take action in the event of an
accident. ESI maps are an integral part of emergency response
planning, preparedness, and response efforts. They are crucial
to assisting decision makers, like the Coast Guard, by
providing information about sensitive habitats and species in
an area that could be at risk. They often drive prioritization
of response options during an emergency or disaster.\1\
Many ESI maps are out of date; some have not been updated
since the 1980s (e.g., Great Lakes, Alaska). Updates to ESI
maps involve compiling a wide range of data about shoreline
type, biology, and socioeconomic resources, including those
that are sensitive to oil. While the increase in digital data
has reduced some development costs, the production of robust
maps still requires substantial engagement with contract
expertise and classification based on ESI criteria.
ESI updates are prioritized by NOAA based on a combination
of criteria, including the following:
Age of existing atlas.
Dynamics of the regional shoreline and
coastal environment (i.e., changes due to storms,
routine erosion/accretion, man-made changes, etc.).
Vessel traffic/vulnerability to spilled
pollutants.
Constituent needs and requests.
ESI production costs/available funding.
The size, complexity, and accessibility of a region, as
well as availability of experts and data, all influence the
cost of an update. With limited resources for updates to date,
NOAA's Office of Response and Restoration (OR&R) focuses on
regions where partners are available to contribute funding or
data.\2\
Scope of an ESI update effort
In the aftermath of Superstorm Sandy, OR&R received $5
million through the Disaster Relief Appropriations Act to
conduct ESI updates for the East Coast from Maine to South
Carolina. This massive 3 year effort, which concluded in fiscal
year 2017, substantially improved the coverage and quality of
ESI mapping in the region. NOAA has estimated that an update of
the Great Lakes region, which was last mapped between 1985 and
2004, would be similar in scope and cost.\3\
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\1\National Oceanic and Atmospheric Administration (NOAA), ``Office
of Response and Restoration, Environmental Sensitivity Index Maps,'' at
http://response.restoration.noaa.gov/maps-and-spatial-data/
environmental-sensitivity-index-esi-maps.html.
\2\Correspondence with NOAA, ``Information about NOAA's
Environmental Sensitivity Index Maps for the Senate Commerce
Committee,'' April 4, 2017.
\3\Ibid.
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Summary of Provisions
S. 1586 would require NOAA to update its ESI maps for the
Great Lakes starting not later than 180 days after the date of
enactment of this Act and endeavor to update them every 7
years, subject to available appropriations and certain
enumerated priorities.
The bill also would do the following:
Outline the priorities to consider when
selecting geographic areas to update.
Authorize appropriations of $7.5 million to
carry out the Great Lakes ESI update.
Legislative History
S. 1586 was introduced by Senator Peters on July 19, 2017,
and is cosponsored by Senator Young. On August 2, 2017, the
Committee met in open Executive Session and, by voice vote,
ordered S. 1586 reported favorably with an amendment (in the
nature of a substitute).
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1586--Great Lakes Environmental Sensitivity Index Act of 2017
Summary: S. 1586 would authorize the appropriation of $7.5
million for the National Oceanic and Atmospheric Administration
(NOAA) to update the environmental sensitivity index (ESI) maps
for each coastal area of the Great Lakes.
CBO estimates that implementing S. 1586 would cost $7.5
million over the 2018-2022 period, subject to appropriation of
the authorized amounts.
Enacting S. 1586 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting the legislation would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
S. 1586 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 1586 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--
-----------------------------------------------------------------
2018 2019 2020 2021 2022 2018-2022
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level........................... 7.5 0 0 0 0 7.5
Estimated Outlays............................. 5 2 * * 0 7.5
----------------------------------------------------------------------------------------------------------------
Note * = less than $500,000.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of fiscal year 2017,
that the authorized amounts will be appropriated for fiscal
year 2018, and that spending will follow historical patterns
for similar programs.
S. 1586 would authorize the appropriation of $7.5 million
for NOAA's Office of Response and Restoration to update the ESI
maps for the Great Lakes' coastal areas. ESI maps provide a
concise summary of coastal resources that are at risk if an oil
spill occurs nearby. The information provided by those maps
allows NOAA to establish protection priorities and identify
cleanup strategies for locations vulnerable to substantial
environmental damage from oil spills. In 2017, NOAA did not
allocate any funding for activities related to ESI mapping.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 1586 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
Intergovernmental and private-sector impact: S. 1586
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal costs: Robert Reese; 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.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
S. 1586, as reported, would not create any new programs or
impose any new regulatory requirements, and therefore would not
subject any individuals or businesses to new regulations.
economic impact
S. 1586, as reported, is not expected to have a negative
impact on the Nation's economy.
privacy
The reported bill would have no impact on the personal
privacy of individuals.
paperwork
S. 1586, as reported, would not increase paperwork
requirements for either the private or public sectors.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide that the Act may be cited as the
``Great Lakes Environmental Sensitivity Index Act of 2017.''
Section 2. Update to Environmental Sensitivity Index Products of
National Oceanic and Atmospheric Administration for Great
Lakes.
This section would require NOAA to begin updating the ESI
products for each coastal area of the Great Lakes not later
than 180 days after the date of enactment of this Act and would
require the Under Secretary to periodically update the ESI
products, ideally not less frequently than once every 7 years,
subject to the availability of appropriations and certain
enumerated priorities. It also would set the priorities for the
Under Secretary to consider when choosing a geographic area to
update. This section would authorize to be appropriated $7.5
million to carry out the first update of the Great Lakes
region.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.
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