[House Report 106-561]
[From the U.S. Government Publishing Office]
106th Congress Rept. 106-561
HOUSE OF REPRESENTATIVES
2d Session Part 2
======================================================================
ESTUARY RESTORATION ACT OF 2000
_______
June 9, 2000.--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 Resources, submitted the
following
R E P O R T
[To accompany H.R. 1775]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1775) to catalyze restoration of estuary habitat through
more efficient financing of projects and enhanced coordination
of Federal and non-Federal restoration programs, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Estuary Restoration Act of 2000''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to establish an Estuary Restoration Council to coordinate
existing Federal estuary restoration programs and to select
estuary restoration projects for Federal assistance;
(2) to develop a national estuary restoration strategy for
creating and maintaining effective estuary restoration
partnerships among public agencies at all levels of government
and to establish new partnerships between the public and
private sectors, including agricultural interests and estuary
users;
(3) to provide Federal assistance for estuary restoration
projects and to promote efficient financing of such projects;
and
(4) to develop and enhance monitoring and research
capabilities for estuary restoration projects to ensure that
such projects are based on sound science and to create a
national database of estuary restoration information.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Council.--The term ``Council'' means the Estuary
Restoration Council established by section 4.
(2) Estuary.--
(A) In general.--The term ``estuary'' has the meaning
given the terms ``estuarine zones'' and ``estuary'' in
section 104(n)(4) of the Federal Water Pollution
Control Act (33 U.S.C. 1254(n)(4)).
(B) Near coastal waters and wetlands of the great
lakes.--In addition to areas covered under subparagraph
(A), near coastal waters and wetlands of the Great
Lakes that are similar in form and function to
estuaries shall be eligible for assistance under this
Act.
(3) Estuary restoration.--
(A) In general.--The term ``estuary restoration''
means an activity that results in improving degraded
estuaries or creating habitat (including both physical
and functional restoration), with the goal of attaining
a self-sustaining system integrated into the
surrounding landscape.
(B) Included activities.--The term ``estuary
restoration'' includes--
(i) the reestablishment of the physical
features, hydrology, chemistry, and biological
components associated with an estuary;
(ii) except as provided in subparagraph (C),
the cleanup of contamination related to the
restoration an estuary;
(iii) the control of non-native and invasive
species in the estuary;
(iv) the reintroduction of species native to
the estuary, including through such means as
planting or promoting natural succession;
(v) the construction of reefs to promote fish
and shellfish production and to provide habitat
for living resources; and
(vi) other activities that improve the
quality of an estuary for human users, fish,
wildlife, and other living resources.
(C) Excluded activities.--The term ``estuary
restoration'' does not include--
(i) an act that constitutes mitigation for
the adverse effects of an activity regulated or
otherwise required by Federal or State law; or
(ii) an act that constitutes restitution for
natural resource damages required under any
Federal or State law.
(4) Project.--The term ``project'' means an estuary
restoration project under consideration or selected by the
Council under section 5 to receive financial, technical, or
another form of assistance.
(5) Federal estuary management or habitat restoration plan.--
(A) In general.--The term ``Federal estuary
management or habitat restoration plan'' means any
Federal plan for the restoration of an estuary or
degraded estuary habitat that was developed with the
substantial participation of appropriate public and
private stakeholders.
(B) Included plans and programs.--The term ``Federal
estuary management or habitat restoration plan''
includes--
(i) a comprehensive conservation and
management plan approved under section 320 of
the Federal Water Pollution Control Act (33
U.S.C. 1330);
(ii) a plan submitted under section 118 of
the Federal Water Pollution Control Act (33
U.S.C. 1268);
(iii) a management program containing estuary
restoration components approved under the
Coastal Zone Management Act of 1972 (16 U.S.C.
1451 et seq.); and
(iv) the interstate management plan developed
pursuant to the Chesapeake Bay Program under
section 117 of the Federal Water Pollution
Control Act (33 U.S.C. 1267).
(6) Indian tribe.--The term ``Indian tribe'' has the meaning
given such term by section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
(7) Non-federal interest.--The term ``non-Federal interest''
means a State, a political subdivision of a State, an Indian
tribe, or a regional or interstate agency.
(8) Secretary.--The term ``Secretary'' means the Secretary of
the Army.
(9) State.--The term ``State'' has the meaning given the term
``coastal State'' under section 304(4) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453(4)), except that for the
purposes of this Act, such term shall include the District of
Columbia.
(10) Under secretary.--The term ``Under Secretary'' means the
Under Secretary for Oceans and Atmosphere of the Department of
Commerce.
SEC. 4. ESTABLISHMENT OF ESTUARY RESTORATION COUNCIL.
(a) In General.--There is established an interagency council to be
known as the Estuary Restoration Council.
(b) Duties.--The Council shall--
(1) develop and transmit to the Committee on Resources and
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a national strategy for estuary restoration
pursuant to section 5 and periodically review and update the
strategy;
(2) determine the eligibility and priority of project
applications submitted under section 6;
(3) provide advice in the development of the database and
monitoring standards under section 7; and
(4) prepare and submit the report required under section 8.
(c) Membership.--
(1) In general.--The Council shall be composed of the
following members:
(A) The Secretary.
(B) The Under Secretary.
(C) The Administrator of the Environmental Protection
Agency.
(D) The Secretary of the Interior (acting through the
Director of the United States Fish and Wildlife
Service).
(E) The Secretary of Agriculture.
(2) Ex officio members.--The President may designate the head
of any other Federal agency to serve as an ex officio member of
the Council.
(3) Chairperson and vice-chairperson.--The Secretary shall
serve as the chairperson of the Council. The Under Secretary
shall serve as the vice-chairperson of the Council.
(d) Meetings.--The chair or vice-chair shall--
(1) convene the first meeting of the Council not later than
90 days after the date of enactment of this Act; and
(2) convene additional meetings, as often as appropriate (but
not less often than annually), to select projects, and develop
a priority order of such projects, for funding under section 6
.
(e) Procedures.--
(1) Quorum.--Three members of the Council shall constitute a
quorum.
(2) Voting and meeting procedures.--The Council shall
establish procedures for voting and the conduct of meetings.
(f) Advisory Board.--
(1) In general.--The Council may establish an advisory board
(in this subsection referred to as the ``board'') to provide
advice and recommendations to the Council on the strategy
developed pursuant to section 5 and on the selection and
prioritization of projects submitted under section 6.
(2) Members.--The Council shall appoint members of the board
representing diverse public and private interests. Members of
the board shall be selected such that the board consists of--
(A) 2 members representing State agencies with
expertise in aquatic habitat restoration;
(B) 2 members representing local or regional
government agencies with expertise in aquatic habitat
restoration;
(C) 2 members with recognized academic scientific
expertise in aquatic habitat restoration;
(D) 2 members representing nongovernmental
organizations with expertise in aquatic habitat
restoration;
(E) 2 members representing estuary users;
(F) 1 member representing agricultural interests;
(G) 1 member representing Indian tribes; and
(H) 1 at-large member.
(3) Terms.--
(A) In general.--Except as provided by subparagraph
(B), members of the board shall be appointed for a term
of 3 years.
(B) Initial members.--As designated by the
chairperson of the Council at the time of appointment,
of the members first appointed--
(i) 4 shall be appointed for a term of 1
year; and
(ii) 4 shall be appointed for a term of 2
years.
(4) Vacancies.--Whenever a vacancy occurs among members of
the board, the Council shall appoint an appropriate individual
to fill that vacancy for the remainder of the applicable term.
(5) Board leadership.--The board shall elect among its
members a chairperson of the board and a vice-chairperson of
the board to represent the board in matters related to its
duties under this Act.
(6) Compensation.--Members of the board shall not be
construed to be employees of the United States, and may not
receive compensation for their service as members of the board,
except that while engaged in the performance of their duties
away from their homes or regular place of business, members of
the board may be allowed necessary travel expenses as
authorized by section 5703 of title 5, United States Code.
SEC. 5. ESTUARY RESTORATION STRATEGY.
(a) In General.--Not later than 1 year after the date of enactment of
this Act, the Council shall develop and transmit to the Committee on
Resources and the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate an estuary restoration strategy designed to promote
estuary restoration nationwide and improve coordination among existing
Federal estuary restoration activities and between Federal and non-
Federal estuary restoration activities. Such strategy shall include
proposals for--
(1) using programs established under this Act or any other
Act to maximize the incentives for the creation of new public-
private partnerships to carry out estuary restoration projects;
(2) using Federal resources to encourage increased private
sector involvement in estuary restoration activities;
(3) ensuring that the strategy will be implemented in a
manner that is consistent with the requirements of Federal
estuary management or habitat restoration plans;
(4) ensuring the long term conservation of lands and waters
restored, enhanced, or otherwise managed under this Act; and
(5) ensuring an equitable geographic distribution of projects
funded under this Act.
(b) Consideration of Existing Federal Plans, Programs, and
Partnerships.--In developing the estuary restoration strategy, the
Council shall conduct a review of--
(1) Federal estuary management or habitat restoration plans;
and
(2) Federal programs established under other laws that
provide funding for estuary or coastal wetland restoration
activities.
(c) Public Participation.--The Council shall publish in the Federal
Register a draft of the estuary restoration strategy and provide an
opportunity for public review and comment. In developing the estuary
restoration strategy, the Council shall seek advice from the advisory
board established under section 4(f).
(d) Periodic Revision.--Using data and information developed through
project monitoring and management, and other relevant information, the
Council may, as necessary, seek advice from the advisory board to
periodically review and update the estuary restoration strategy. The
Council shall transmit any updates of the estuary restoration strategy
to Congress, after providing for appropriate public review and comment.
SEC. 6. ESTUARY RESTORATION PROJECTS.
(a) In General.--The Council may provide assistance to non-Federal
interests for carrying out estuary restoration projects that are
consistent with this Act. In carrying out this section, the Council
shall develop guidelines for reviewing and prioritizing estuary
restoration projects. Such guidelines shall ensure a comprehensive
approach to the selection and prioritization of estuary restoration
projects.
(b) Applications for Assistance.--A non-Federal interest may submit
to the Council for consideration under subsection (c) an application
for assistance in carrying out an estuary restoration project.
(c) Selection of Projects.--
(1) In general.--The Council shall review applications for
estuary restoration projects submitted under subsection (b).
Based on the criteria specified in paragraphs (2) and (3), the
Council shall determine the eligibility of each project and
establish a priority order for carrying out such projects.
(2) Selection criteria.--The Council may not select a project
for funding under this section unless--
(A) the project addresses restoration needs
identified in an approved Federal estuary management or
habitat restoration plan;
(B) the project promotes--
(i) the restoration of habitat for fish and
wildlife, including shellfish, endangered and
threatened species, migratory and resident
birds, and commercial and sport fish species;
(ii) the improvement of surface and ground
water quality and quantity; or
(iii) the restoration of physical features
and hydrologic functions, including flood
control;
(C) after the Council publishes the estuary
restoration strategy under section 5, the project is
consistent with the strategy;
(D) the project is cost effective, based on sound
science, and technically feasible;
(E) the non-Federal interest proposing the project
demonstrates that adequate personnel, funding, and
authority exists to carry out and properly maintain the
project;
(F) the State in which the non-Federal interest is
proposing the project has a dedicated source of funding
to acquire or restore habitat, natural areas, and open
spaces;
(G) the project will encourage the increased
coordination and cooperation of Federal, State, and
local government agencies;
(H) the project includes a monitoring plan to ensure
that short-term and long-term restoration goals are
achieved; and
(I) there is an effective program or plan within the
watershed of the project to ensure the long-term
conservation of lands and waters restored, enhanced, or
otherwise managed by the project.
(3) Priority estuary restoration projects.--An estuary
restoration project shall be given a higher priority in receipt
of funding under this section if, in addition to meeting the
selection criteria specified in paragraph (2)--
(A) the non-Federal share of the total costs of the
project exceeds 50 percent; or
(B) the project includes pilot testing or a
demonstration of an innovative technology having the
potential for improved cost-effectiveness in estuary
restoration.
(d) Non-Federal Interest.--The Council may, upon recommendation of
the Governor of the State and in consultation with responsible
officials from local political jurisdictions in which a project would
occur, allow a nongovernmental organization to serve as the non-Federal
interest.
(e) Lead Federal Agency.--The Council shall designate a lead Council
member for each estuary restoration project funded under this section.
The lead Council member shall have primary responsibility for
overseeing and assisting in project implementation.
(f) Cost Sharing of Estuary Habitat Restoration Projects.--
(1) Written agreement.--
(A) Construction costs.--The Council shall not
provide any assistance for an estuary restoration
project until all appropriate non-Federal interests
have entered into a written agreement with the lead
Federal agency designated under subsection (e) in which
the non-Federal interests agree to provide the required
non-Federal share of the cost of the project.
(B) Operation, maintenance, replacement, and
rehabilitation costs.--An agreement entered into under
this paragraph shall require that the non-Federal
interest pay 100 percent of any operation, maintenance,
replacement, and rehabilitation costs of the estuary
restoration project to the extent prescribed by the
Council.
(2) Federal share.--
(A) In general.--Except as provided in subparagraph
(B), the Federal share of the cost of an estuary
restoration project under this section shall not exceed
50 percent of the total cost of the project.
(B) Interim actions.--Pending completion of the
estuary restoration strategy under section 5, the
Federal share of the cost of an interim action to carry
out an estuary restoration project shall not exceed 25
percent of the cost of the interim action.
(3) Non-federal share.--A non-Federal interest shall provide
at least 50 percent of the cost of any project carried out
under this section including provision of all lands, easements,
rights-of-way, services, and relocations.
SEC. 7. MONITORING, RESEARCH, AND PEER REVIEW OF ESTUARY RESTORATION
PROJECTS.
(a) National Clearinghouse of Estuary Restoration Project
Information.--
(1) In general.--The Under Secretary shall maintain a
database of information related to estuary restoration
projects, including projects funded under section 6. Such
database shall include information on project goals and
accomplishments, techniques used to restore habitat, costs of
project completion, monitoring data, and other information that
the Council determines to be relevant.
(2) Monitoring data standards.--The Under Secretary, in
consultation with the Council, shall develop quality control
requirements and standard data formats for estuary restoration
monitoring data, along with requirements for types of data
collected and frequency of monitoring.
(3) Coordination of data.--The Under Secretary shall compile
information pertaining to estuary restoration projects from
other Federal, State, and local sources provided that the
information meets the quality control requirements and data
standards established under this subsection.
(4) Use of existing programs.--The Under Secretary shall use
existing programs within the National Oceanic and Atmospheric
Administration to create and maintain the database required
under this subsection.
(5) Public availability.--The Under Secretary shall make the
information collected and maintained under this subsection
available to the public.
(b) Estuary Restoration Research and Innovation.--The Under Secretary
shall develop and enhance monitoring and research capabilities, through
use of existing programs, including the environmental technology
innovation program associated with the National Estuarine Research
Reserve System established by section 315 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1461), to ensure that restoration
efforts are based on sound science and innovative technologies.
(c) Peer Review.--The Council shall establish a procedure for
providing scientific peer review, coordinated through the National
Estuary Research Reserve System established by section 315 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1461), of estuary
restoration projects submitted under section 6.
SEC. 8. REPORT.
(a) In General.--The Council shall biennially transmit to the States,
the Committee on Resources and the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Environment and Public Works of the Senate a report on the results of
activities carried out under this Act.
(b) Contents of Report.--A report transmitted under subsection (a)
shall include--
(1) the number of acres of estuary habitat restored under
this Act and the status of other acres in need of restoration;
(2) descriptions of, and partners involved with, projects
selected, in progress, and completed under this Act;
(3) information related to ongoing monitoring of projects to
ensure that short-term and long-term restoration goals are
achieved;
(4) an estimate of the long-term success of varying
restoration techniques used in carrying out estuary restoration
projects;
(5) a review of how the information described in paragraphs
(1) through (4) has been incorporated in the selection and
implementation of estuary habitat restoration projects;
(6) a review of efforts made to maintain a database of
restoration projects; and
(7) a review of the measures taken to provide the information
described in subparagraphs (1) through (4) to persons with
responsibility for restoring estuaries;
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization for Restoration Projects.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out estuary restoration projects under
this Act $50,000,000 for each of fiscal years 2002, 2003, and
2004. Such amounts shall remain available until expended.
(2) Set-aside for administrative expenses of the council.--Of
the amounts appropriated for a fiscal year under this
subsection, not more than $1,000,000 may be used by the
Secretary for administration and operation of the Council and
advisory board.
(3) Distribution of appropriations for estuary restoration
activities.--The Secretary shall allocate funds made available
to carry out this Act to the members of the Council, based on
the need for the funds and such other factors as the Council
determines to be appropriate to carry out this Act.
(b) Authorization for Monitoring Database.--There is authorized to be
appropriated to the Under Secretary for the acquisition, maintenance,
and management of monitoring data on restoration projects carried out
under this Act $1,000,000 for each of fiscal years 2002, 2003, and
2004. Such amounts shall remain available until expended.
SEC. 10. AGENCY CONSULTATION AND COORDINATION.
(a) In General.--In carrying out this Act, the Council shall, as
necessary, consult with, cooperate with, and coordinate its activities
with the activities of other appropriate Federal agencies.
(b) Cooperative Agreements; Memoranda of Understanding.--In carrying
out this Act, the Council may enter into cooperative agreements and
memoranda of understanding with Federal agencies and non-Federal
interests.
(c) Federal Agency Facilities and Personnel.--Federal agencies may
cooperate in carrying out scientific and other programs necessary to
carry out this Act, and may provide facilities and personnel for the
purpose of assisting the Council in carrying out its duties under this
Act.
(d) Reimbursement.--Federal agencies may accept reimbursement from
the Council for providing services, facilities, and personnel under
subsection (c).
PURPOSE OF THE BILL
The purposes of H.R. 1775 are to catalyze restoration of
estuary habitat through more efficient financing of projects
and enhanced coordination of federal and non-Federal
restoration programs, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
Estuaries are coastal waterbodies that occur where
freshwater from rivers and streams mixes with saltwater from
the ocean. These transition zones between inland and marine
environments are strongly influenced by land use activities in
their surrounding watersheds. Coastal waters and wetlands along
the Great Lakes have similar characteristics and provide many
of the same natural functions as estuaries. Estuaries provide
some of the most biologically and economically productive
habitat in the country, and are important for migratory birds,
commercially valuable fish species, shellfish, and other
wildlife. According to the National Oceanic and Atmospheric
Administration, more than 75 percent of the commercially
important fish and shellfish and 80 percent of recreational
fish species depend on estuaries during some point in their
life cycles. In 1998, U.S. commercial fishermen alone landed
about 9.2 billion pounds of fish and shellfish at U.S. ports,
which was valued at approximately $3.1 billion. The thousands
of firms located throughout the United States which produce,
process and distribute this fish and shellfish combined
contribute more than $25 billion to the U.S. Gross National
Product, a significant contribution to the national economy.
Years of intensive use have degraded many of these
sensitive areas. Estuaries in the United States suffer from a
host of environmental problems including poor water quality,
sediment contamination, habitat loss, harmful algal blooms, and
altered freshwater flows. Out of the 30,000 square miles of
estuaries in the United States, the Environmental Protection
Agency has reported to Congress in the latest National Water
Quality Inventory that nearly 40 percent are impaired. From
pre-industrial times to the present, it is estimated that over
55 million acres of coastal wetlands in the continental United
States have been degraded or destroyed. In the Chesapeake Bay,
habitat degradation and disease have resulted in a declining
oyster harvest from approximately 133 million pounds in 1880 to
2.86 million pounds in 1998. Narragansett Bay in Rhode Island
suffers from hypoxia during the summer and has lost as much as
70 percent of its eel grass beds, a significant reduction in
habitat for juvenile fish. The Louisiana Department of Natural
Resources estimates that the State is losing annually 25 to 30
square miles of coastal wetlands and estuary habitat along the
Mississippi River delta on the Gulf of Mexico due to
subsidence, shoreline erosion, freshwater and sediment
deprivation, saltwater intrusion, channelization and invasive
species. Similar problems have been cited for Long Island
Sound, Tampa Bay, Galveston Bay, San Francisco Bay, and many
other coastal areas.
Due to the importance of estuaries to fish, wildlife, human
recreation, commercial activities, and the national economy,
the Committee feels that there is a need for additional funding
to carry out estuary restoration nationwide. However, the
Committee believes that this funding should be coordinated with
and be consistent with existing estuary and wetland restoration
programs. As reported by the Resources Committee, H.R. 1775
will supplement existing estuary programs, streamline the
project selection and funding process, and provide equal
opportunity for all of the federal agencies with expertise and
responsibility for managing estuaries to develop the priority
project list for funding. Over the last thirty years, Congress
has appropriated hundreds of millions of dollars to develop
federal estuary management and habitat restoration plans
through programs developed pursuant to the Coastal Zone
Management Act, the Coastal Wetlands Planning, Protection, and
Restoration Act, and the Clean Water Act. Clean Water Act
programs, including the National Estuary Program, the
Chesapeake Bay Program, and the Great Lakes Program, have been
successful at developing locally-led management plans, but
funds appropriated for these programs have been insufficient to
fully implement the restoration components identified in the
plans. H.R. 1775 provides a unified approach to address the
aquatic habitat restoration needs identified by these plans and
fills a critical role for funding large-scale, complicated
estuary restoration projects that could not otherwise be
undertaken given the limited funding for these programs.
The Estuary Restoration Council established by H.R. 1775
will coordinate the estuary restoration activities of several
federal agencies. H.R. 1775 builds upon existing Army Corps of
Engineers authority and expertise for water resources
development and construction, including aquatic ecosystem
restoration (section 206 of the Water Resources Development Act
of 1996), fish and wildlife mitigation (section 906 of the
Water Resources Development Act of 1986), and the environmental
protection mitigation fund (section 908 of the Water Resources
Development Act of 1986). The National Oceanic and Atmospheric
Administration (NOAA) maintains a system of 25 National
Estuarine Reserves, which are federal-State partnerships
established under the 1972 Coastal Zone Management Act to study
estuarine processes and ecosystems. NOAA also maintains an
Office of Response and Restoration to address degraded marine
habitat and is responsible for protecting important spawning
and rearing habitat of many marine species through the National
Marine Fisheries Service. The Fish and Wildlife Service (FWS)
is charged with protecting coastal habitat for migratory
waterfowl, shorebirds and other wildlife that use estuaries at
different times during the year. FWS also assists with measures
to control invasive species that impact estuaries and Great
Lakes habitat. The Environmental Protection Agency is
responsible for managing and protecting the quality of the
nation's waters. The Department of Agriculture provides
assistance for such things as small watershed improvements,
agricultural best management practices, invasive species
control, conservation and wetland reserve programs, and other
activities. These agencies also participate on the
Administration's ``Coastal America'' partnership, which was
created to unify federal coastal policy. The Committee believes
that the Council should rely on the existing infrastructure
created through Coastal America to implement the provisions of
H.R. 1775 as appropriate.
H.R. 1775 directs the Council to establish an advisory
board to assist with the development of a national estuary
restoration strategy and the selection of estuary restoration
projects. The Committee believes that local, State, and non-
governmental input is important for carrying out successful
habitat restoration projects. In 1987, Congress created the
National Estuary Program (NEP) to promote comprehensive
planning for the long term protection of 28 nationally
significant estuaries through collaborative, voluntary
partnerships between federal, State and local governments,
private, and non- profitinterests. The management conferences
for these estuaries have developed management and restoration plans
with significant public input. Sufficient local and State input for
estuary restoration projects can be derived from the use of a well-
balanced advisory board with expertise in aquatic ecosystem
restoration, instead of regional estuary restoration councils. Members
of the board should have knowledge of fresh or salt water aquatic
habitat restoration, and the Committee encourages the Council to select
members for the advisory board who represent a diverse range of views
and geographic areas, including those who utilize estuarine areas.
Projects selected for funding will be developed with a
substantial amount of public review and input. H.R. 1775
requires that projects be selected from among those restoration
needs identified under federal estuary management or habitat
restoration plans, such as State coastal zone management plans
or the comprehensive conservation and management plans for
estuaries in the NEP. Non-Federal interests (States, local
governments, Indian tribes, and nongovernmental organizations)
may submit applications (either singly or jointly) for
assistance in carrying out an estuary restoration project to
the Council. The Council may allow a non-governmental
organization with estuary restoration experience to serve as
the non-Federal interest with the concurrence of the Governor
of the State and the support of the appropriate locally-elected
officials. This ensures that only those projects with
substantial support will be funded, and that an elected
government official will ultimately be responsible for the
implementation of the project.
The Council, with input from the non-federal advisory
board, will review, select, and prioritize eligible projects
for funding. The Council should develop guidelines for
determining whether a project is cost-effective that are
consistent with the procedures used by the Army Corps of
Engineers for other water resources development and aquatic
restoration projects. The Council should also develop
procedures for providing peer review of estuary restoration
projects through the National Estuarine Research Reserve
System. The Committee intends that the Council rely on
restoration experts who receive funding through the National
Estuarine Research Reserve System or who perform research at
System sites (not the Reserve managers) to carry out the
necessary peer review. These scientists participate in research
projects at the Reserve System, and represent a broad range of
academic disciplines and institutions.
The Committee recognizes that many estuary restoration
projects will be expensive. The Council has the discretion to
determine the appropriate mechanisms for selecting a balance of
small and large restoration projects, as well ensuring
equitable geographic distribution of projects. Large
restoration projects may require multi-year funding agreements
and several construction seasons. The Committee envisions that
projects that do not receive funding in a given fiscal year may
remain eligible for funding in subsequent years, provided the
non-Federal interest, State and local governments continue to
support the project.
H.R. 1775 directs the Under Secretary for Oceans and
Atmosphere of the Department of Commerce to establish
monitoring criteria, data standards and develop a national
clearinghouse of estuary restoration information. The Under
Secretary should make the information available to the public
on the Internet in a format that is useful for academic
research and other estuary restoration programs. The Committee
strongly encourages the Under Secretary to use existing
programs, such as the National Ocean Service's Office of
Response and Restoration, the National Marine Fisheries
Service's Restoration Center, and the National Estuarine
Research Reserve System to carry out the monitoring and
database directives of H.R. 1775.
This legislation provides a balanced approach to selecting
and prioritizing estuary restoration projects. It addresses the
need for increased funding for estuary restoration, and relies
upon the strengths of existing federal laws and programs to
implement a coordinated, cost-effective program for restoring
estuaries.
COMMITTEE ACTION
H.R. 1775 was introduced on May 12, 1999, by Representative
Wayne Gilchrest (R-MD). The bill was primarily referred to the
Committee on Transportation and Infrastructure and additionally
to the Committee on Resources. Within the Resources Committee,
the bill was referred to the Subcommittee on Fisheries
Conservation, Wildlife and Oceans. On September 23, 1999, the
Subcommittee held a hearing on the bill. On October 28, 1999,
the Subcommittee met to mark up the bill. The bill was ordered
favorably reported to the Full Committee by voice vote without
amendment. On May 24, 1999, the Full Resources Committee met to
consider the bill. Chairman Don Young (R-AK) offered an
amendment in the nature of substitute to simplify the project
selection process and enhance the role of NOAA in selecting and
carrying out estuary restoration projects. Congressman George
Miller (D-CA) offered an amendment to the amendment to clarify
that Indian tribes and Alaska natives were eligible non-Federal
interests and to add a seat on the advisory board for Indian
tribes. The amendment was adopted by voice vote. The amendment
in the nature of a substitute, as amended, was then adopted by
voice vote. The bill, as amended, was then ordered favorably
reported to the House of Representatives by voice vote.
SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED
Section 1. Short title
The short title of this Act is the ``Estuary Restoration
Act of 2000''.
Section 2. Purposes
The purposes of H.R. 1775 are to establish an Estuary
Restoration Council to coordinate federal estuary restoration
activities; to develop a national estuary restoration strategy;
to provide federal assistance to implement voluntary estuary
restoration projects; and to develop and enhance monitoring and
research capabilities for estuary restoration projects.
Section 3. Definitions
Section 3 defines the terms used in the Act. The term
``estuary'' is defined to be consistent with the combined
definition of the terms ``estuary'' and ``estuarine zone'' as
they are used in the Clean Water Act (33 U.S.C. 1254(n)(4)).
Estuaries are transitional zones between fresh and salt water.
Projects funded under this Act will be carried out in estuaries
and associated habitat which includes, but is not limited to,
salt marshes, coastal forested wetlands, coastal and intertidal
areas, bays, harbors, lagoons, inshore waters, and channels.
Although they are not considered to be estuaries, coastal
waters and wetlands on the Great Lakes provide similar habitat,
hydrologic, and water quality functions. These areas are
eligible for projects under this Act. Near-coastal waters and
wetlands on the Great Lakes may include coastal wetlands,
marshes, swamps, embayments, harbors, drowned river mouths and
other geographical features that provide estuary-like habitat
and have a direct hydrological connection with the Lakes.
The term ``estuary restoration'' defines the types of
projects that can be undertaken with assistance under this Act.
Estuary restoration includes the control of non-native and
invasive species, and reestablishing native estuarine species,
including plants such as sea grass or spartina in cases where
reestablishing native vegetation is important for the long-term
protection of shorelines from erosion and for providing habitat
to benefit fish and wildlife.
The term ``non-Federal interest'' is defined to be
consistent with existing uses of the term in other Army Corps
of Engineers programs, except that for the purposes of H.R.
1775, the term includes Indian tribes and native Alaskans as
defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)).
Section 4. Establishment of Estuary Restoration Council
Section 4 establishes a federal Estuary Restoration Council
tasked with developing and implementing a national strategy for
estuary restoration, selecting and prioritizing estuary
restoration projects for funding, developing monitoring
standards for restoration projects and incorporating monitoring
information into a database, and reporting on the progress of
the national estuary restoration strategy to Congress. The
Council consists of the Secretary of the Army, the Under
Secretary for Oceans and Atmosphere of the Department of
Commerce, the Administrator of the Environmental Protection
Agency, the Secretary of the Interior (acting through the
Director of the U.S. Fish and Wildlife Service), and the
Secretary of Agriculture. The President may designate the head
of any other federal agency as a non-voting, ex-officio member.
The Secretary of the Army is designated as the Council chair,
and the Under Secretary is designated as the vice-chair. The
Council is directed to establish procedures for meetings,
voting, and other administrative functions of the Council.
H.R. 1775 allows the Council to establish an advisory board
to provide recommendations to the Council on implementing the
Act and selecting projects. The board will help to create
partnerships between all levels of government and between the
public and private sectors. The board consists of 13 members,
representing geographically diverse state, local and regional
governments, Indian tribes, non-profit organizations, well-
known scientists with expertise in aquatic restoration, estuary
user groups, agricultural interests, and an at-large member.
Section 5. Estuary restoration strategy
Section 5 directs the Estuary Restoration Council to
develop a national estuary restoration strategy based on a
review of current federal estuary management or habitat
restoration plans, existing estuary and coastal wetland
restoration programs, and the advice and recommendations of the
advisory board. The strategy shall include proposals for
establishing new public-private partnerships, using the
projects authorized under this Act to increase private
involvement in estuary restoration, and ensuring that the
strategy will be implemented consistent with existing federal
estuary management programs. The Council shall provide
appropriate opportunity for public notice and comment, and
submit the completed strategy to the Committees on
Transportation and Infrastructure and Resources of the House
and the Committee on Environment and Public Works of the
Senate. The Council may periodically review, update, and submit
to the Committees changes to the estuary restoration strategy.
Section 6. Estuary restoration projects
Section 6 authorizes the Council to provide assistance to
non-Federal interests, including State, local and regional
governments, to carry out estuary restoration projects.
Eligible non-Federal interests are defined to be consistent
with existing Army Corps of Engineers construction authorities.
Non-Federal interests submit project proposals and applications
for assistance to the Council for consideration. The assistance
will be provided for specific estuary restoration projects
through contracts and memoranda of agreement. A non-
governmental organization may serve as the non-Federal interest
with the consent of the Governor of the State in which a
project will be carried out. The Council is required to consult
with the appropriate locally-elected officials prior to
allowing a non-governmental organization to serve as the non-
Federal interest. The Council selects appropriate projects that
meet the criteria for funding and prioritizes the list of
projects. To be eligible to receive funding, the non-Federal
interest must demonstrate the following:
The project addresses restoration needs identified
in an approved federal estuary management or habitat
restoration plan;
The project will promote the restoration of
habitat for fish and wildlife, improve surface and ground water
quality or quantity, or restore physical and hydrologic
features;
The project is consistent with the national
estuary restoration strategy;
The project is based on sound science and is
technically feasible, including being cost-effective;
The non-Federal interest has adequate personnel,
funding, and authority to carry out and maintain the project;
The State in which the project will be carried out
has a dedicated source of funding to acquire or restore
habitat, natural areas, and open spaces;
The project will encourage increased coordination
and cooperation between all levels of government;
The project includes a monitoring plan to ensure
that short and long-term goals are achieved; and
There is an effective program or plan in the
project's watershed which will ensure the long-term success of
the project and prevent re-impairment of the habitat restored
by the project.
In addition to the selection criteria listed above, the
Council shall give priority consideration to projects where the
non-federal share will exceed 50 percent of the total cost of
the project and to projects that include pilot testing or
demonstration of innovative restoration technology.
After a project has been selected for funding, the Council
shall choose a lead federal agency from the members of the
Council to oversee the implementation of the project. H.R. 1775
directs the Secretary to redistribute funding through the lead
agency, as appropriate, to carry out estuary restoration
projects. The lead agency shall enter into written agreements
with any appropriate non-Federal interest involved with project
implementation under which the non-Federal interests agree to
provide at least 50 percent of the total cost of the project,
including the provision of all lands, easements, rights-of-way,
services, and relocation. For example, the non-Federal interest
would be expected to provide the lands necessary for disposal
of dredged materials for an estuary project. The non-Federal
interest shall also agree to pay 100 percent of the costs of
operation and maintenance of the project, and in the event of
failure, replacement or rehabilitation of the restored estuary.
This requirement is similar to existing Army Corps of Engineers
authorities for water resources projects. Pending the
completion of the national estuary restoration strategy, the
federal share of a project is limited to 25 percent of the
total cost of the project.
Section 7. Monitoring, research, and peer review of estuary restoration
projects
Section 7 directs the Under Secretary to establish and
maintain a database of estuary restoration projects and
monitoring data that are deemed appropriate by the Council. The
database shall be made available to the public. The Under
Secretary shall establish data quality standards, monitoring
criteria, and standardized formats for reporting estuary
monitoring information. To the extent practicable, the Under
Secretary shall include information from other sources
pertaining to estuary restoration. The Under Secretary is
directed to utilize existing programs within NOAA to carry out
and implement this section.
The Under Secretary shall also utilize the monitoring and
research capabilities of the National Estuarine Research
Reserve System to ensure that restoration efforts are based on
sound science. Section 7 requires the Council to establish
procedures for providing scientific peer review coordinated
through the National Estuarine Research Reserve System to
determine whether a project meets the selection criteria of
being technically feasible and based on sound science
(including cost-effectiveness).
Section 8. Report
The Council shall transmit a biennial report to the States,
the Committee on Resources and the Committee on Transportation
and Infrastructure of the House of Representatives, and the
Committee on Environment and Public Works of the Senate, on the
activities carried out under this Act, including:
The number of estuary habitat acres restored and
the status of other acres in need of restoration;
Descriptions of projects and partners receiving
assistance under the Act;
Information related to ongoing monitoring to
measure progress towards achieving short and long-term goals;
Estimates of the success of different restoration
strategies; and
A review of the implementation of an estuary
restoration monitoring database.
The report should include detailed descriptions of projects
funded under this Act. These descriptions should include
information about any land acquired with funds under this Act,
the use of non-federal lands to implement the project, the
long-term monitoring and maintenance requirements of each
project, and any other information that the Council deems
necessary.
Section 9. Authorization of appropriations
Section 8 authorizes $50 million per year for each of
fiscal years 2002 through 2004 to be appropriated to the
Secretary to carry out estuary restoration projects. Not more
than $1 million may be used for the administrative expenses of
the Council and advisory board. The Secretary is directed to
allocate funds made available to carry out this Act to members
of the Council as necessary and appropriate to carry out
estuary restoration projects. Additionally, section 9
authorizes $1 million for each of fiscal years 2002 through
2004 to be appropriated to the Under Secretary to develop and
maintain an estuary restoration and monitoring database.
Section 10. Agency consultation and coordination
Section 10 directs the Council to consult, coordinate, and
cooperate with other federal agencies to carry out this Act.
The Council is authorized to enter into cooperative agreements
and memoranda of understanding with federal and non-Federal
interests to implement the Act. Federal agencies may accept
reimbursement from the Council for providing services,
facilities, and personnel to implement estuary restoration
projects.
committee oversight findings and recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
federal advisory committee statement
The functions of the proposed advisory committee authorized
in the bill are not currently being nor could they be performed
by one or more agencies, an advisory committee already in
existence or by enlarging the mandate of an existing advisory
committee.
constitutional authority statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
compliance with house rule xiii
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 2, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1775, the Estuary
Restoration Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Rachel
Applebaum.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 1775--Estuary Restoration Act of 2000
Summary: H.R. 1775 would establish the Estuary Restoration
Council, consisting of representatives of multiple federal
agencies, to develop a strategy for restoring estuary habitats
and provide financial assistance to nonfederal entities for
restoration projects. The bill would authorize the
appropriation of $150 million over the 2002-2004 period to the
Corps of Engineers for that purpose. In addition, the bill
would authorize the appropriation of $3 million over the same
period to the National Oceanic and Atmospheric Administration
to collect information to monitor the effectiveness of estuary
restoration projects. Assuming appropriation of the specified
amounts, CBO estimates that implementing the bill would cost
$117 million over the 2001-2005 period, and $36 million after
2005.
H.R. 1775 contains no private-sector or intergovernmental
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Any expenditures made by state and local governments to satisfy
the matching requirements of grants authorized by this bill
would be voluntary. The bill would not affect direct spending
or receipts; therefore, pay-as-you-go procedures would not
apply.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1775 is shown in the following table.
The costs of this legislation would fall within budget function
300 (natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................................ 0 51 51 51 0
Estimated Outlays.................................................. 0 8 31 46 32
----------------------------------------------------------------------------------------------------------------
Basis of estimate: CBO estimates that implementing the bill
would result in additional outlays of $117 million over the
2001-2005 period, assuming appropriation of the amounts
authorized for each year. Estimated outlays are based on
historical spending patterns for similar activities.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 1775
contains no private-sector or intergovernmental mandates as
defined in UMRA. Any expenditures made by state and local
governments to satisfy the matching requirements of grants
authorized by this bill would be voluntary.
Previous CBO estimate: On March 27, 2000, CBO transmitted a
cost estimate for H.R. 1775, as ordered reported by the House
Committee on Transportation and Infrastructure on March 16,
2000. The two versions of H.R. 1775 are similar; however, the
version approved by the Transportation and Infrastructure
Committee would authorize the appropriation of $172 million
more than the version approved by the Resources Committee.
Estimate prepared by: Federal Costs: Rachel Applebaum;
Impact on State, Local, and Tribal Governments: Marjorie
Miller; and Impact on the Private Sector: Natalie Tawil.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.