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113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-612

======================================================================



 
  TO REAUTHORIZE THE NATIONAL ESTUARY PROGRAMS, AND FOR OTHER PURPOSES

                                _______
                                

 November 12, 2014.--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. 5266]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5266) to reauthorize the National 
Estuary Programs, 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 the Legislation.......................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Legislative History and Consideration............................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     6
Advisory of Earmarks.............................................     6
Duplication of Federal Programs..................................     6
Disclosure of Directed Rule Makings..............................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     7
Advisory Committee Statement.....................................     7
Applicability to the Legislative Branch..........................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. COMPETITIVE AWARDS.

  Section 320(g) of the Federal Water Pollution Control Act (33 U.S.C. 
1330(g)) is amended by adding at the end the following:
          ``(4) Competitive awards.--
                  ``(A) In general.--Of the amount made available under 
                subsection (i)(2)(B), the Administrator shall make 
                competitive awards under this paragraph.
                  ``(B) Application for awards.--The Administrator 
                shall solicit applications for awards under this 
                paragraph from State, interstate, and regional water 
                pollution control agencies and entities, State coastal 
                zone management agencies, interstate agencies, other 
                public or nonprofit private agencies, institutions, 
                organizations, and individuals.
                  ``(C) Selection of recipients.--In selecting award 
                recipients under this paragraph, the Administrator 
                shall select recipients that are best able to address 
                urgent and challenging issues that threaten the 
                ecological and economic well-being of coastal areas. 
                Such issues shall include--
                          ``(i) extensive seagrass habitat losses 
                        resulting in significant impacts on fisheries 
                        and water quality;
                          ``(ii) recurring harmful algae blooms, 
                        unusual marine mammal mortalities;
                          ``(iii) invasive exotic species which can 
                        threaten wastewater systems and cause other 
                        damage;
                          ``(iv) jellyfish proliferation limiting 
                        community access to water during peak tourism 
                        seasons;
                          ``(v) flooding which may be related to sea 
                        level rise or wetland degradation or loss; or
                          ``(vi) low dissolved oxygen conditions in 
                        estuarine waters and related nutrient 
                        management.''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

  Section 320 of the Federal Water Pollution Control Act (33 U.S.C. 
1330) is amended by striking subsection (i) and inserting the 
following:
  ``(i) Authorization of Appropriations.--
          ``(1) In general.--There is authorized to be appropriated to 
        the Administrator $27,000,000, for each of fiscal years 2014 
        through 2018 for--
                  ``(A) expenses relating to the administration of 
                grants or awards by the Administrator under this 
                section, including the award and oversight of grants 
                and awards, except that such expenses shall not exceed 
                5 percent of the amount appropriated under this 
                subsection; and
                  ``(B) making grants and awards under subsection (g).
          ``(2) Allocations.--
                  ``(A) Conservation and management plan.--The 
                Administrator shall provide not less than 80 percent of 
                the amounts made available for this section for each 
                fiscal year referred to in paragraph (1) for the 
                development, implementation, and monitoring of each 
                conservation and management plan eligible for grant 
                assistance under subsection (g)(2).
                  ``(B) Competitive awards.--The Administrator shall 
                provide not less than 15 percent of the amounts made 
                available for this section in each fiscal year to make 
                competitive awards described in subsection (g)(4).''.

                       Purpose of the Legislation

    The purpose of H.R. 5266 is to amend section 320 of the 
Federal Water Pollution Control Act (the Clean Water Act) to 
reauthorize the National Estuary Program within the 
Environmental Protection Agency (EPA).

                Background and Need for the Legislation

    Estuaries, which are partially enclosed waterbodies where 
freshwater from land drainage through rivers or streams flows 
into an open sea or the ocean, are unique and highly productive 
waters that are important to the ecological and economic bases 
of our nation. In particular, fisheries, wildlife, recreation, 
and tourism are heavily dependent on healthy estuarine systems. 
Yet, despite their value, most estuaries in the United States 
are experiencing stress from physical alteration and pollution, 
often resulting from development and rapid population growth in 
coastal cities and counties. In the mid-1980s, Congress 
recognized the importance of, and the need to protect the 
natural functions of, estuaries. As a result, in 1987, as part 
of P.L. 100-4, the 1987 amendments to the Clean Water Act, 
Congress added a new section 320 to the Clean Water Act to 
establish the National Estuary Program (NEP).
    The NEP is designed to promote comprehensive planning for 
long-term protection of nationally significant estuaries in the 
United States that are deemed to be threatened by pollution, 
development, or overuse, through collaborative voluntary 
efforts of federal, state, local, non-profit, and private 
interests. The NEP aims to address water quality problems in, 
and promote the ecological integrity of, estuaries. The NEP 
coordinates and provides funding for long-term planning and 
management activities to address the complex factors that 
contribute to the degradation of estuaries.
    Once a governor nominates an estuary for inclusion in the 
NEP, and if EPA determines the estuary is ``nationally 
significant,'' it is accepted, and becomes eligible for 
technical assistance and grant funding. Then a collaborative 
decision-making process begins where stakeholders develop and 
implement long-term management plans, called ``Comprehensive 
Conservation and Management Plans'' (CCMPs). A CCMP is a long-
term plan that contains specific targeted actions designed to 
address water quality and ecological challenges in the 
estuary's watershed. A CCMP is to recommend priority actions 
and schedules to protect the estuary, restore and maintain its 
chemical, physical, and biological integrity, and control 
pollution sources.
    Each estuary program in the NEP has a Management Conference 
(MC) made up of diverse stakeholders. Using a consensus-
building approach and collaborative decision-making process 
instead of a regulatory approach, each MC works closely 
together to implement the CCMP. The MC ensures that the CCMP is 
uniquely tailored to the local environmental conditions, is 
based on local input, and supports local priorities.
    Stakeholders may include citizens, state and local 
governments, federal agencies, private and non-profit 
interests, industrial, recreational, or other user groups, and 
academic or scientific experts. The goal is for the 
stakeholders to be partners in developing and implementing the 
CCMPs.
    There are approximately 130 estuaries in the United States. 
Twenty-eight of these estuaries, located along the Atlantic, 
Gulf, and Pacific coasts and in Puerto Rico, have been 
incorporated into the NEP. Once EPA has accepted an estuary 
into the NEP, EPA supports the effort with technical assistance 
and grants. Each estuary program in the NEP has completed its 
planning process and is implementing its CCMP.
    In 2004, in P.L. 108-399, Congress reauthorized section 320 
of the CWA through fiscal year 2010. Section 320 of the Clean 
Water Act most recently authorized the NEP at $35 million per 
year.

                                Hearings

    No hearings were held on H.R. 5266 in the 113th Congress.

                 Legislative History and Consideration

    On July 30, 2014, Representative Frank LoBiondo of New 
Jersey introduced H.R. 5266, a bill to reauthorize the National 
Estuary Program.
    On September 17, 2014, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 5266, and 
ordered the bill, as amended, reported favorably to the House 
by voice vote with a quorum present.
    Representative Frank LoBiondo offered an amendment in 
Committee. The amendment removed a provision from the bill that 
would give priority for competitive award grants to estuary 
programs that are not part of the geographic programs 
identified in the Fiscal Year 2014 Consolidated Appropriations 
Act, and also makes a technical correction in the bill. The 
amendment was accepted by voice vote with a quorum present.

                            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. There were no record votes taken in connection 
with consideration of H.R. 5266, or ordering the bill, as 
amended, reported. A motion to order H.R. 5266, as amended, 
reported favorably to the House was agreed to by voice vote 
with a quorum present.

                      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. 5266 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 19, 2014.
Hon. Bill 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. 5266, a bill to 
reauthorize the National Estuary Programs, and for other 
purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 5266--A bill to reauthorize the National Estuary Programs, and for 
        other purposes

    Summary: H.R. 5266 would authorize the appropriation of $27 
million annually over the 2015-2018 period for the 
Environmental Protection Agency's (EPA's) National Estuary 
Program. The legislation also would amend the Clean Water Act 
to require that grants awarded to state, local, and private 
entities by EPA are awarded in a competitive manner. CBO 
estimates that implementing this legislation would cost $104 
million over the 2015-2019 period, assuming appropriation of 
the authorized amounts.
    Enacting H.R. 5266 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 5266 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
Any costs incurred by state, local, or tribal governments, 
including matching contributions, would result from 
participation in a voluntary federal program.
    Estimated cost to the Federal Government: The estimated 
budgetary effect of this legislation 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--
                                                    ------------------------------------------------------------
                                                       2015      2016      2017      2018      2019    2015-2019
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Level................................        27        27        27        27         0        108
Estimated Outlays..................................        12        23        27        27        15        104
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: CBO assumes that H.R. 5266 will be 
enacted near the start of 2015 and that the amounts authorized 
will be appropriated each fiscal year. Estimated outlays are 
based on historical spending patterns for the National Estuary 
Program. The authorization for this program expired in 2010, 
but $25 million was appropriated for the program in 2014. Under 
the National Estuary Program, EPA develops plans for attaining 
or maintaining water quality in an estuary.
    Intergovernmental and private-sector impact: H.R. 5266 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Any costs incurred by state, local, or tribal 
governments, including matching contributions, would result 
from participation in a voluntary federal program.
    Previous CBO estimate: On April 10, 2014, CBO transmitted a 
cost estimate for S. 2042, the Clean Estuaries Act of 2014, as 
ordered reported by the Senate Committee on Environment and 
Public Works on April 3, 2014. Both S. 2042 and H.R. 5266 would 
reauthorize the National Estuary Program, although S. 2042 
would authorize the appropriation of $35 million annually over 
the 2015-2019 period.
    Estimate prepared by: Federal Costs: Susanne S. Mehlman; 
Impact on State, Local, and Tribal Governments: Jon Sperl; 
Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, 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 this legislation is to 
reauthorize the National Estuary Program.

                          Advisory of Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill, as amended, includes an earmark, limited 
tax benefit, or limited tariff benefit under clause 9(e), 9(f), 
or 9(g) of rule XXI.

                    Duplication of Federal Programs

    Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013), 
the Committee finds that no provision of H.R. 5266, 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.

                  Disclosure of Directed Rule Makings

    Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013), 
the Committee estimates that enacting H.R. 5266, as amended, 
does not specifically direct the completion of any specific 
rulemakings within the meaning of section 551 of title 5, 
United States Code.

                       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 (P.L. 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 states that H.R. 5266, 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 are created by this 
legislation, as amended.

                Applicability to the Legislative Branch

    The Committee finds that the legislation, as amended, 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 (P.L. 
104-1).

             Section-by-Section Analysis of the Legislation


Section 1. Competitive awards

    Section 1 amends section 320(g) of the Clean Water Act to 
add a new paragraph (4). New paragraph (4) authorizes the EPA 
Administrator to make competitive awards to states, interstate, 
and regional water pollution control agencies and entities, 
state coastal zone management agencies, interstate agencies, 
other public or nonprofit private agencies, institutions, 
organizations, and individuals, and allocates a portion of 
available NEP funds for such competitive awards.
    The EPA Administrator is to solicit applications for such 
awards, and select award recipients that are best able to 
address urgent and challenging issues that threaten the water 
quality, ecological, and economic well-being of coastal areas. 
Such issues are to include:
          (i) extensive seagrass habitat losses resulting in 
        significant impacts on fisheries and water quality;
          (ii) recurring harmful algae blooms, unusual marine 
        mammal mortalities;
          (iii) invasive exotic species which can threaten 
        wastewater systems and cause other damage;
          (iv) jellyfish proliferation limiting community 
        access to water during peak tourism seasons;
          (v) flooding which may be related to sea level rise 
        or wetland degradation or loss; or
          (vi) low dissolved oxygen conditions in estuarine 
        waters and related nutrient management.

Section 2. Authorization of appropriations

    Section 2 strikes section 320(i) of the Clean Water Act 
(entitled ``Authorization of Appropriations'') and replaces it 
with a new subsection (i) (entitled ``Authorization of 
Appropriations'') that extends the authorization of 
appropriations for the NEP for each of fiscal years 2014 
through 2018, at an amount of $27 million per year. New 
subsection (i) also allocates the funds that are made available 
in each fiscal year for section 320.
    New subsection (i) authorizes appropriations for expenses 
relating to the administration of grants or awards by the EPA 
Administrator under section 320, including the award and 
oversight of grants and awards, and specifies that expenses 
relating to the administration of grants or awards shall not 
exceed 5 percent of the amount appropriated under new 
subsection (i).
    In addition, new subsection (i) specifies that the EPA 
Administrator shall provide, for the development, 
implementation, and monitoring of each conservation and 
management plan eligible for grant assistance under subsection 
(g)(2) of section 320, not less than 80 percent of the amounts 
made available in each fiscal year for section 320.
    Further, new subsection (i) specifies that the EPA 
Administrator shall provide not less than 15 percent of the 
amounts made available in each fiscal year for section 320 for 
making competitive awards described in subsection (g)(3) of 
section 320.

         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 III--STANDARDS AND ENFORCEMENT

           *       *       *       *       *       *       *



SEC. 320. NATIONAL ESTUARY PROGRAM.

  (a) * * *

           *       *       *       *       *       *       *

  (g) Grants.--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Competitive awards.--
                  (A) In general.--Of the amount made available 
                under subsection (i)(2)(B), the Administrator 
                shall make competitive awards under this 
                paragraph.
                  (B) Application for awards.--The 
                Administrator shall solicit applications for 
                awards under this paragraph from State, 
                interstate, and regional water pollution 
                control agencies and entities, State coastal 
                zone management agencies, interstate agencies, 
                other public or nonprofit private agencies, 
                institutions, organizations, and individuals.
                  (C) Selection of recipients.--In selecting 
                award recipients under this paragraph, the 
                Administrator shall select recipients that are 
                best able to address urgent and challenging 
                issues that threaten the ecological and 
                economic well-being of coastal areas. Such 
                issues shall include--
                          (i) extensive seagrass habitat losses 
                        resulting in significant impacts on 
                        fisheries and water quality;
                          (ii) recurring harmful algae blooms, 
                        unusual marine mammal mortalities;
                          (iii) invasive exotic species which 
                        can threaten wastewater systems and 
                        cause other damage;
                          (iv) jellyfish proliferation limiting 
                        community access to water during peak 
                        tourism seasons;
                          (v) flooding which may be related to 
                        sea level rise or wetland degradation 
                        or loss; or
                          (vi) low dissolved oxygen conditions 
                        in estuarine waters and related 
                        nutrient management.

           *       *       *       *       *       *       *

  [(i) Authorization of Appropriations.--There are authorized 
to be appropriated to the Administrator not to exceed 
$35,000,000 for each of fiscal years 2001 through 2010 for--
          [(1) expenses related to the administration of 
        management conferences under this section, not to 
        exceed 10 percent of the amount appropriated under this 
        subsection;
          [(2) making grants under subsection (g); and
          [(3) monitoring the implementation of a conservation 
        and management plan by the management conference or by 
        the Administrator, in any case in which the conference 
        has been terminated.
The Administrator shall provide up to $5,000,000 per fiscal 
year of the sums authorized to be appropriated under this 
subsection to the Administrator of the National Oceanic and 
Atmospheric Administration to carry out subsection (j).]
  (i) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated to the Administrator $27,000,000, for each 
        of fiscal years 2014 through 2018 for--
                  (A) expenses relating to the administration 
                of grants or awards by the Administrator under 
                this section, including the award and oversight 
                of grants and awards, except that such expenses 
                shall not exceed 5 percent of the amount 
                appropriated under this subsection; and
                  (B) making grants and awards under subsection 
                (g).
          (2) Allocations.--
                  (A) Conservation and management plan.--The 
                Administrator shall provide not less than 80 
                percent of the amounts made available for this 
                section for each fiscal year referred to in 
                paragraph (1) for the development, 
                implementation, and monitoring of each 
                conservation and management plan eligible for 
                grant assistance under subsection (g)(2).
                  (B) Competitive awards.--The Administrator 
                shall provide not less than 15 percent of the 
                amounts made available for this section in each 
                fiscal year to make competitive awards 
                described in subsection (g)(4).

           *       *       *       *       *       *       *