[Senate Report 111-241]
[From the U.S. Government Publishing Office]
Calendar No. 501
111th Congress Report
SENATE
2d Session 111-241
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GULF OF MEXICO RESTORATION AND PROTECTION ACT
_______
August 2, 2010.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1311]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1311) to amend the Federal Water Pollution
Control Act to strengthen cooperative efforts to monitor,
restore, and protect the resource productivity, water quality,
and marine ecosystems of the Gulf of Mexico, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
General Statement and Background
The Gulf of Mexico ecosystem provides a wide array of
valuable resources. Encompassing over five million acres (about
half of the U.S. total), the Gulf's coastal wetlands serve as
an essential habitat for a broad array of economically
important fish and wildlife species, including migrating
waterfowl and sport and commercial fisheries. According to the
National Ocean Economics Program, the Gulf Coast tourism,
recreation, and fishing ocean economies generate $18.9 billion
in economic activity and support more than 400,000 jobs.
There are numerous threats to the Gulf of Mexico ecosystem,
including the world's second largest zone of hypoxia or ``dead
zone'' which affects the region's seafood production. The Gulf
of Mexico Alliance reported in 2008 that the major commercial
fishing ports of the Gulf of Mexico region bring in over 1.2
billion pounds of fresh seafood every year. The resource
productivity and water quality of the Gulf of Mexico and its
watershed have been diminished by point and nonpoint source
pollution.
The Gulf of Mexico Program was initiated in 1988 by the
U.S. Environmental Protection Agency (EPA) as a non-regulatory
program. Founded on the threefold principles of partnership,
science-based information, and citizen involvement, the mission
of the Program is to facilitate collaborative actions to
protect, maintain, and restore the health and productivity of
the Gulf of Mexico in ways consistent with the economic well-
being of the Region. When it was established in 1988, the Gulf
Program joined the Great Lakes and Chesapeake Bay Programs as
flagships of the nation's efforts to apply an adaptive
management approach to large coastal freshwater and marine
ecosystems. However, unlike the Chesapeake Bay and Great Lakes
programs, the Gulf of Mexico program does not have specific
statutory authority.
S. 1311 amends the Clean Water Act to reestablish a Gulf of
Mexico Program Office that will continue to coordinate Federal
agency efforts and support non-Federal efforts to protect and
restore the Gulf of Mexico. The bill retains the current
program office structure and authorities. The bill retains and
codifies the authorities of the EPA Administrator to utilize
interagency agreements and provide grants to carry out this
Program and this Act.
Objectives of the Legislation
This objective of the legislation is to strengthen
cooperative efforts to monitor, restore, and protect the
resource productivity, water quality, and marine ecosystems of
the Gulf of Mexico.
Section-by-Section Analysis
Section 1. Short title
Section 1 notes that this Act may be cited as the ``Gulf of
Mexico Restoration and Protection Act''.
Section 2. Findings and purposes
This section establishes Congressional findings, including
the following: the Gulf of Mexico is a valuable resource of
national and international importance; over many years, the
resource productivity and water quality of the Gulf of Mexico
and its watershed have been diminished by point and nonpoint
source pollution; and the United States should seek to attain
the protection and restoration of the Gulf of Mexico ecosystem
as a collaborative regional goal of the Gulf of Mexico Program.
This section also states that the purposes of this Act are:
to expand and strengthen cooperative
voluntary efforts to restore and protect the Gulf of
Mexico;
to expand Federal support for monitoring,
management, and restoration activities in the Gulf of
Mexico and its watershed;
to commit the United States to a
comprehensive cooperative program to achieve improved
water quality in, and improvements in the productivity
of living resources of, the Gulf of Mexico; and
to establish a Gulf of Mexico Program to
serve as a national and international model for the
collaborative management of large marine ecosystems.
Section 3. Gulf of Mexico restoration and protection
This section amends Title I of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) to expand and strengthen
cooperative efforts to monitor, restore, and protect the
resource productivity, water quality, and marine ecosystems of
the Gulf of Mexico.
This section reestablishes the Gulf of Mexico Program as an
office of the EPA. It requires the Office to: (1) coordinate
the actions of EPA and of other federal agencies and state and
local authorities; (2) assist in developing specific action
plans to carry out the program; (3) coordinate and implement
priority state- and community-led restoration plans and
projects and facilitate activities that support the program;
(4) implement outreach programs to foster stewardship of the
Gulf's resources; (5) develop and make available information
about the environmental quality and living resources of the
Gulf; (6) serve as the liaison with the Mexican members of the
Gulf of Mexico States Accord and Mexican counterparts of the
EPA; and (7) focus on activities that will result in measurable
improvements to water quality and living resources of the Gulf
of Mexico ecosystem.
This section also authorizes the EPA Administrator to enter
into interagency agreements to carry out this Act and
authorizes the Administrator to provide grants for multiple
activities to protect and restore the Gulf of Mexico.
Legislative History
The Gulf of Mexico Restoration and Protection Act was
introduced by Senator Wicker on June 19, 2009 and is co-
sponsored by Senators Cochran, Landrieu, Vitter, and Nelson.
The bill was received, read twice, and referred to the Senate
Committee on Environment and Public Works.
On November 9, 2009, the Subcommittee on Water and Wildlife
held a hearing on S. 1311 and related bills. On June 30, 2010,
the Full Committee met to consider a number of bills including
S. 1311. During this meeting, the Committee adopted an
amendment in the nature of a substitute that made technical
changes and improvements to the bill. S. 1311 was ordered to be
reported favorably with an amendment in the nature of a
substitute by voice vote.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 1311 on June 30, 2010. The bill was ordered to be
reported favorably with an amendment in the nature of a
substitute by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 1311
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 104-4), the committee noted that the Congressional
Budget Office (CBO) has found, ``S. 1311 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.''
Congressional Budget Office Cost Estimate
July 8, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1311, the Gulf of
Mexico Restoration and Protection Act.
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.
S. 1311--Gulf of Mexico Restoration and Protection Act
Summary: S. 1311 would authorize appropriations for the
Gulf of Mexico Program Office within the Environmental
Protection Agency (EPA). The office would be responsible for
many activities related to supporting efforts to monitor,
restore, and protect the water quality and marine ecosystems of
the Gulf of Mexico. This legislation would authorize the
appropriation of $90 million over the 2011-2014 period for
program costs and grants to nonprofit organizations, state and
local governments, colleges and universities, and interstate
agencies for various activities, including researching the
effects of environmental changes on the water quality of the
Gulf of Mexico and developing and implementing restoration
programs associated with the gulf's ecosystem.
Assuming appropriation of the authorized funds, CBO
estimates that implementing S. 1311 would cost $87 million over
the 2011-2015 period and $3 million after 2015.
Pay-as-you-go procedures would not apply to this
legislation because it would not affect direct spending or
revenues.
S. 1311 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-The estimated
budgetary impact of S. 1311 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--
-----------------------------------------------------------
2011-
2011 2012 2013 2014 2015 2015
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................. 15 25 25 25 0 90
Estimated Outlays................................... 7 17 24 25 14 87
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Basis of estimate: For this estimate, CBO assumes that S.
1311 will be enacted near the beginning of fiscal year 2011 and
that the authorized amounts will be appropriated in each year.
Estimated outlays are based on historical spending patterns for
similar grants and programs.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: S. 1311
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. State and local governments, public
colleges, and universities could benefit from grants authorized
by the bill.
Estimate prepared by: Federal costs: Susanne S. Mehlman;
Impact on state, local, and tribal governments: Ryan Miller;
Impact on the private sector: Amy Petz.
Estimate approved by: Sam Papenfuss, Unit Chief for Income
Security and Education Cost Estimates Unit, Budget Analysis
Division.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, 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
* * * * * * *
Sec. 101. (a) The objective of this Act is to restore and
maintain the chemical, physical, and biological integrity of
the Nation's waters. In order to achieve this objective it is
hereby declared that, consistent with the provisions of this
Act--
(1) * * *
* * * * * * *
SEC. 122. WET WEATHER WATERSHED PILOT PROJECTS.
(a) In General.--* * *
* * * * * * *
SEC. 123. GULF OF MEXICO RESTORATION AND PROTECTION.
(a) Definitions.--In this section;
(1) Gulf of mexico ecosystem.--The term `Gulf of
Mexico ecosystem' means the ecosystem of the Gulf of
Mexico and its watershed.
(2) Gulf of mexico executive council.--The term `Gulf
of Mexico Executive Council' means the formal
collaborative Federal, State, local, and private
participants in the Program.
(3) Program.--The term `Program' means the Gulf of
Mexico Program established by the Administrator in 1988
as a nonregulatory, inclusive partnership to provide a
broad geographic focus on the primary environmental
issues affecting the Gulf of Mexico.
(4) Program office.--The term `Program Office' means
the office established by the Administrator to
administer the Program that is reestablished by
subsection (b)(1)(A).
(b) Continuation of Gulf of Mexico Program.--
(1) Gulf of mexico program office.--
(A) Reestablishment.--The Program Office
established before the date of enactment of
this section by the Administrator is
reestablished as an office of the Environmental
Protection Agency.
(B) Requirements.--The Program Office shall
be--
(i) headed by a Director who, by
reason of management experience and
technical expertise relating to the
Gulf of Mexico, is highly qualified to
direct the development of plans and
programs on a variety of Gulf of Mexico
issues, as determined by the
Administrator; and
(ii) located in a State all or a
portion of the coastline of which is on
the Gulf of Mexico.
(C) Functions.--The Program Office shall--
(i) coordinate the actions of the
Environmental Protection Agency with
the actions of the appropriate
officials of other Federal agencies and
State and local authorities in
developing strategies--
(I) to improve the water
quality and living resources in
the Gulf of Mexico ecosystem;
and
(II) to obtain the support of
appropriate officials;
(ii) in cooperation with appropriate
Federal, State, and local authorities,
assist in developing and implementing
specific action plans to carry out the
Program;
(iii) coordinate and implement
priority State-led and community-led
restoration plans and projects, and
facilitate science, research, modeling,
monitoring, data collection, and other
activities that support the Program
through the provision of grants under
subsection (d);
(iv) implement outreach programs for
public information, education, and
participation to foster stewardship of
the resources of the Gulf of Mexico;
(v) develop and make available,
through publications, technical
assistance, and other appropriate
means, information pertaining to the
environmental quality and living
resources of the Gulf of Mexico
ecosystem;
(vi) serve as the liaison with, and
provide information to, the Mexican
members of the Gulf of Mexico States
Accord and Mexican counterparts of the
Environmental Protection Agency; and
(vii) focus the efforts and resources
of the Program Office on activities
that will result in measurable
improvements to water quality and
living resources of the Gulf of Mexico
ecosystem.
(c) Interagency Agreements.--The Administrator may enter into
1 or more interagency agreements with other Federal agencies to
carry out this section.
(d) Grants.--
(1) In general.--In accordance with the Program, the
Administrator, acting through the Program Office, may
provide grants to nonprofit organizations, State and
local governments, colleges, universities, interstate
agencies, and individuals to carry out this section for
use in--
(A) monitoring the water quality and living
resources of the Gulf of Mexico ecosystem;
(B) researching the effects of natural and
human-induced environmental changes on the
water quality and living resources of the Gulf
of Mexico ecosystem;
(C) developing and executing cooperative
strategies that address the water quality and
living resource needs in the Gulf of Mexico
ecosystem;
(D) developing and implementing locally based
protection and restoration programs or projects
within a watershed that complement those
strategies, including the creation,
restoration, protection, or enhancement of
habitat associated with the Gulf of Mexico
ecosystem; and
(E) eliminating or reducing nonpoint sources
that discharge pollutants that contaminate the
Gulf of Mexico ecosystem, including activities
to eliminate leaking septic systems and
construct connections to local sewage systems.
(2) Federal share.--The Federal share of the cost of
any project or activity carried out using a grant
provided under this section shall not exceed 75
percent, as determined by the Administrator.
(3) Administrative costs.--Administrative costs in
the form of salaries, overhead, or indirect costs for
services provided and charged against programs or
projects carried out using funds made available through
a grant under this subsection shall not exceed 15
percent of the amount of the grant.
(e) Reports.--
(1) Annual report.--Not later than December 30, 2009,
and annually thereafter, the Director of the Program
Office shall submit to the Administrator and make
available to the public a report that describes--
(A) each project and activity funded under
this section during the previous fiscal year;
(B) the goals and objectives of those
projects and activities; and
(C) the net benefits of projects and
activities funded under this section during
previous fiscal years.
(2) Assessment.--
(A) In general.--Not later than April 30,
2011, and every 5 years thereafter, the
Administrator, in coordination with the Gulf of
Mexico Executive Council, shall complete an
assessment, and submit to Congress a
comprehensive report on the performance, of the
Program.
(B) Requirements.--The assessment and report
described in subparagraph (A) shall--
(i) assess the overall state of the
Gulf of Mexico ecosystem;
(ii) compare the current state of the
Gulf of Mexico ecosystem with a
baseline assessment;
(iii) include specific measures to
assess any improvements in water
quality and living resources of the
Gulf of Mexico ecosystem;
(iv) assess the effectiveness of the
Program management strategies being
implemented, and the extent to which
the priority needs of the region are
being met through that implementation;
and
(v) make recommendations for the
improved management of the Program,
including strengthening strategies
being implemented or adopting improved
strategies.
(f) Budget Item.--The Administrator, in the annual submission
to Congress of the budget of the Environmental Protection
Agency, shall include a funding line item request for the
Program Office as a separate budget line item.
(g) Limitation on Regulatory Authority.--Nothing in this
section establishes any new legal or regulatory authority of
the Administrator other than the authority to provide grants in
accordance with this section.
(h) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section, to remain available
until expended--
(1) $10,000,000 for fiscal year 2010;
(2) $15,000,000 for fiscal year 2011; and
(3) $25,000,000 for each of fiscal years 2012 through
2014.