S. Rept. 108-186 - 108th Congress (2003-2004)
November 05, 2003, As Reported by the Environment and Public Works Committee

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Senate Report 108-186 - DINGELL-JOHNSON SPORT FISH RESTORATION ACT ONE-YEAR REAUTHORIZATION




[Senate Report 108-186]
[From the U.S. Government Printing Office]



                                                       Calendar No. 365
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-186

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  DINGELL-JOHNSON SPORT FISH RESTORATION ACT ONE-YEAR REAUTHORIZATION

                                _______
                                

                November 5, 2003.--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. 1669]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1669) to reauthorize the Dingell-Johnson 
Sport Fish Restoration Act, having considered the same, reports 
favorably thereon and recommends that the bill do pass.

                    General Statement and Background

    The Sport Fish Restoration Program was created in 1950 with 
the passage of the Dingell-Johnson Act. The Act placed a 10 
percent excise tax on some fishing tackle and the moneys were 
apportioned to the States for use in sport fish restoration 
projects. The Dingell-Johnson Act was expanded with the Wallop-
Breaux Amendments in 1984, which augmented the excise taxes and 
import duties on fishing equipment, recreational boats and 
motorboat fuel. They also established the Aquatic Resources 
Trust Fund.
    In The Surface Transportation Extension Act of 2003 
reauthorized the programs within the Dingell-Johnson Act for 5 
months (through February 29, 2003). According to the U.S. Fish 
and Wildlife Service (USFWS) and the Coast Guard, the 5 month 
extension (as opposed to a year) will cause tremendous problems 
for the State grant recipients.
    Not only are there the anticipated administrative problems 
with the State matching dollars for a 5-month reauthorization, 
the complex distribution of funding for the program would cause 
additional hardships resulting in disruptions in the State 
programs as well as anticipated losses in funding.
    It is important to note that the funding for the Sport Fish 
Restoration Program comes from moneys deposited into the 
Aquatic Resources Trust Fund during fiscal year 2003. 
Additionally, prior to the 1984 Wallop-Breaux Amendments, the 
Dingell-Johnson Fish Restoration Act was not reauthorized in 
the Federal aid highway legislation.

                      Objective of the Legislation

    The legislation, S. 1669, would reauthorize the Title 16 
programs of the Dingell-Johnson Sport Fish Restoration Act for 
1 year (fiscal year 2004). This would allow the States to 
continue the various FWS programs without interruption or loss 
of funding.

                      Section-By-Section Analysis

Section 1. Federal Aid in Sport Fish Restoration and Management
    This section amends the Title 16 programs of the Dingell-
Johnson Sport Fish Restoration Act. It reauthorizes these 
programs for $10,000,000 for fiscal year 2004. Additionally, it 
makes a technical correction by striking the Secretary of 
Transportation and replacing it with the Secretary of Homeland 
Security. This is necessary as the United States Coast Guard is 
now under the jurisdiction of the Department of Homeland 
Security.

                          Legislative History

    S. 1669, the 1-year reauthorization of the Dingell-Johnson 
Sport Fish Restoration Act was introduced by Senator Inhofe on 
September 26, 2003. The bill was referred to the Committee on 
Environment and Public Works.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 1669 on October 15, 2003. The committee favorably 
reported the bill by voice vote.

                      Regulatory Impact Statement

    In compliance of section 11(b) of rule XXVI of the Standing 
Rules of the Senate, the committee finds that S. 1669 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 104B4), the committee finds that S. 1669 would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.

                          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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 23, 2003.

Hon. James M. 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. 1669, a bill to 
reauthorize the Dingell-Johnson Sport Fish Restoration Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis 
who can be reached at 226-2860.
            Sincerely,
                                        Douglas Holtz-Eakin
                              ----------                              


S. 1669, A bill to reauthorize the Dingell-Johnson Sport Fish 
        Restoration Act, as ordered reported by the Senate Committee on 
        Environment and Public Works on October 15, 2003
    S. 1669 would amend the Dingell-Johnson Sport Fish 
Restoration Act to allocate fiscal year 2004 budget authority 
for certain programs carried out by the U.S. Fish and Wildlife 
Service and the U.S. Coast Guard. CBO estimates that enacting 
this bill would have no effect on the Federal budget.
    The programs that S. 1669 would reauthorize are financed by 
a permanent, indefinite appropriation from the Aquatic 
Resources Trust Fund (ARTF). Each year, amounts deposited in 
that fund from excise taxes, customs duties, and interest 
income become available in the following year for a variety of 
conservation and restoration projects. Enacting S. 1669 would 
change the allocation of budget authority for fiscal year 2004 
(roughly $440 million) among the different programs financed by 
the ARTF, but would not provide additional budget authority or 
affect the timing or level of spending from the fund. In the 
absence of this legislation, $92 million would be allocated to 
other ARTF programs that do not expire.
    S. 1669 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on State, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                        Changes to Existing Law

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires the committee to publish changes in existing law made 
by the bill as reported. Passage of this bill will make changes 
to existing law.