[House Report 108-676]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-676
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EXTEND AUTHORIZATION OF APPROPRIATIONS FOR LAKE PONTCHARTRAIN BASIN
_______
September 13, 2004.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 4470]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 4470) to amend the Federal Water
Pollution Control Act to extend the authorization of
appropriations for the Lake Pontchartrain Basin Restoration
Program from fiscal year 2005 to 2010, having considered the
same, report favorably thereon without amendment and recommend
that the bill do pass.
Purpose of the Legislation
The purpose of H.R. 4470 is to amend section 121 of the
Federal Water Pollution Control Act (Clean Water Act) to extend
the authorization of appropriations for the Lake Pontchartrain
Basin Restoration Program within the Environmental Protection
Agency (EPA).
Background and Need for Legislation
The Lake Pontchartrain Basin is a 5,000 square mile
watershed encompassing 16 parishes in southeast Louisiana and
four counties in Mississippi. Almost 1.5 million people live
around 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 Lake Borgne and Lake
Maurepas. The three contiguous waterbodies comprise the largest
estuary in the Gulf Coast region and one of the largest
estuaries in the United States. The Basin supports numerous
species of fish, birds, mammals, and plants.
Since the 1940s, increased population, urbanization, and
land use changes have negatively affected the Basin, leading to
mounting environmental problems and declining health of the
watershed. Increasing population growth and development coupled
with inadequate wastewater treatment, stormwater and
agricultural runoff, saltwater intrusion, and land subsidence
contributed to degraded water quality, shore erosion, and
wetland losses. By the mid-1980s, most rivers, tributaries, and
lakes in the watershed failed to meet applicable water quality
standards under the Clean Water Act. Recently, progress has
been made on improving the quality of the water in Lake
Pontchartrain. In 2003, Lake Pontchartrain's south shore beach
was reopened.
In 2000, in P.L. 106-457, the Estuaries and Clean Waters
Act of 2000, Congress added section 121 to the Clean Water Act
to establish a Lake Pontchartrain Basin Restoration Program
within EPA. Section 121 authorizes $20 million for each of
fiscal years 2001 through 2005 for restoration projects and
studies and public education projects relating to restoring the
ecological health of the Basin.
Summary of the Legislation
H.R. 4470 amends section 121 of the Clean Water Act to
extend the authorization of appropriations of $20 million per
year in support for the Lake Pontchartrain Basin Restoration
Program through fiscal year 2010.
Legislative History and Committee Consideration
The Water Resources and Environment Subcommittee held a
hearing on H.R. 4470 and other pending legislation on July 8,
2004. Testimony was presented by Representative Vitter and a
representative of the Lake Pontchartrain Basin Foundation.
The Water Resources and Environment Subcommittee met on
July 15, 2004, to consider H.R. 4470 and other legislation. The
Subcommittee reported the bill without amendment favorably to
the Committee on Transportation and Infrastructure, by voice
vote. The Committee on Transportation and Infrastructure met in
open session on July 21, 2004, and ordered the bill reported
without amendment to the House by 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 rollcall 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.
4470 reported. A motion to order H.R. 4470 reported to the
House was agreed to by voice vote.
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
performance goals and objective of this legislation are to
restore and protect the Lake Pontchartrain Basin ecosystem
through the cooperative efforts of the Lake Pontchartrain Basin
Restoration Program.
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.
4470 from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 27, 2004.
Hon. Don Young,
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. 4470, a bill to
amend the Federal Water Pollution Control Act to extend the
authorization of appropriations for the Lake Pontchartrain
Basin Restoration Program from fiscal year 2005 to 2010.
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 Gregory Waring (for the state
and local impact).
Sincerely,
Elizabeth Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 4470--A bill to amend the Federal Water Pollution Control Act to
extend the authorization of appropriations for the Lake
Pontchartrain Basin Restoration Program from fiscal year 2005
to 2010
Summary: H.R. 4470 would extend the authorization of
appropriations for the Environmental Protection Agency's
(EPA's) Lake Pontchartrain Basin Restoration Program through
2010. Under current law, $20 million is authorized to be
appropriated each year through 2005, and enacting this
legislation would maintain the same annual authorized funding
level for subsequent years. Such funding would be used to
support efforts, such as public education projects and
restoration projects, aimed at restoring the ecological health
of the basin. CBO estimates that implementing H.R. 4470 would
cost $64 million over the next five years, assuming
appropriation of the authorized amounts. (The additional
amounts authorized would be spent after 2009.)
Enacting the bill would not affect direct spending or
revenues. H.R. 4470 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 this
estimate, CBO assumes that the bill will be enacted this year
and that the amounts authorized will be appropriated for each
fiscal year, beginning with fiscal year 2006. Estimated outlays
are based on historical spending patterns for similar and
ongoing activities. The estimated budgetary impact of H.R. 4470
is shown in the following table. The costs of this legislation
fall within budget function 300 (natural resources and the
environment).
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By fiscal year, in millions of dollars--
-----------------------------------------------------
2004 2005 2006 2007 2008 2009
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SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for the Lake Pontchartrain
Basin Restoration Program:
Authorization Level \1\............................... 2 20 0 0 0 0
Estimated Outlays..................................... 1 9 9 3 0 0
Proposed Changes:
Authorization Level................................... 0 0 20 20 20 20
Estimated Outlays..................................... 0 0 8 17 19 20
Spending Under H.R. 4470 for the Lake Pontchartrain Basin
Restoration Program:
Authorization Level \1\............................... 2 20 20 20 20 20
Estimated Outlays..................................... 1 9 17 20 19 20
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\1\ The 2004 level is the amount appropriated for that year to EPA to implement the Lake Pontchartrain Basin
Program. The 2005 amount is the level authorized to be appropriated under current law for the program.
Intergovernmental and private-sector impact: H.R. 4470
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Louisiana and Mississippi, and local
governments in those states that participate in the Lake
Pontchartrain Basin Restoration Program, would benefit from the
bill's extension of grants, research, and restoration
activities for the watershed area. The governments would incur
costs voluntarily.
Estimate prepared by: Federal Costs: Susanne S. Mehlman;
Impact on State, Local, and Tribal Governments: Gregory Waring;
and Impact on the Private Sector: Amina Masood.
Estimate approved by: Peter H. Fontaine, Deputy 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).
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. 4470 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 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 italic, existing law in which no change is
proposed is shown in roman):
SECTION 121 OF THE FEDERAL WATER POLLUTION CONTROL ACT
SEC. 121. LAKE PONTCHARTRAIN BASIN.
(a) * * *
* * * * * * *
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this section $20,000,000 for
each of fiscal years 2001 through [2005] 2010. Such
sums shall remain available until expended.
* * * * * * *