59–010 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–161 

AN ACT TO AMEND THE FEDERAL WATER POLLUTION CONTROL ACT TO 

REAUTHORIZE THE NATIONAL ESTUARY PROGRAM, AND FOR OTHER 

PURPOSES 

OCTOBER 29, 2015.—Ordered to be printed 

Mr. INHOFE, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[To accompany S. 1523] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred the bill (S. 1523) to amend the Federal Water Pollution 

Control Act to reauthorize the National Estuary Program, and for 

other purposes, having considered the same, and recommends the 

bill do pass. 

GENERAL STATEMENT AND BACKGROUND

The most simplistic definition of an estuary is a place where 

fresh water meets the sea. In its broader meaning, an estuary is 

defined as a semi-enclosed coastal body of water with freshwater 

flowing into it and a connection to the open sea. 

In 1987, Congress established the National Estuary Program 

(NEP) by adding section 320 to the Clean Water Act (CWA) 

through amendments to that Act sponsored by the late Senator 

John Chafee (R-RI). Section 320 authorizes states to nominate and 

the Environmental Protection Agency (EPA) to identify estuaries of 

national significance and to convene a management conference for 

that estuary. 

Each management conference is made up of representatives from 

federal, state and local government agencies responsible for managing the estuary’s resources, as well as members of the community—citizens, business leaders, educators, and researchers. These 

stakeholders work together using a consensus-based approach to 

identify problems in the estuary, and to create and implement a 

formal management plan, called a Comprehensive Conservation 

and Management Plan (CCMP), that recommends specific targeted 

actions designed to address water quality, a balanced indigenous 


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population of shellfish, fish, and wildlife, and recreational activities 

and assure that the designated uses of the estuary are protected. 

Section 320 authorizes EPA to make cost-shared grants for the 

development and implementation of CCMPs. The federal share for 

the development of a plan may not exceed 75 percent of the costs 

and the federal share for plan implementation may not exceed 50 

percent of the costs. 

In 2004, in P.L. 108–399, Congress extended the authorization of 

appropriations for section 320 of the CWA through fiscal year 2010 

at $35,000,000 per year. Although the authorization for this program expired in 2010, the program has continued to receive annual 

appropriations, including $26 million in 2015. With this funding, 

EPA typically allocates approximately $600,000 to each of the 28 

estuaries in the program, totaling approximately $16,800,000. 

OBJECTIVES OF THE LEGISLATION

The objective of S. 1523 is to amend section 320 of the Federal 

Water Pollution Control Act to revise and reauthorize the National 

Estuary Program. 

SECTION-BY-SECTION ANALYSIS

S. 1523 as it passed the Senate on August 5, 2015. 

SEC. 1. NATIONAL ESTUARY PROGRAM REAUTHORIZATION; COMPETITIVE AWARDS. 

Paragraph (1) of section 1 of S. 1523 amends subsection (g) section 320 of the Clean Water Act. Subsection (g) authorizes grants 

for CCMP development and implementation. S. 1523 adds new 

paragraph (4) to this subsection. 

New paragraph (4) authorizes 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, to address issues that threaten the water 

quality, ecological, and economic well-being of coastal areas, including loss of seagrasses, recurring harmful algae blooms; unusual 

marine mammal mortalities; invasive exotic species, jellyfish proliferation, flooding that may be related to sea level rise or wetland 

degradation or loss, and low dissolved oxygen conditions. 

Paragraph (2) of section 1 of S. 1523 revises Clean Water Act section 320(i), ‘‘Authorization of Appropriations.’’ 

As amended, paragraph (1) of subsection (i) authorizes appropriations for each of fiscal years 2016 through 2020, at an amount of 

$26 million per year, for the making grants under subsection (g) 

and for EPA administrative expenses. This authorization level is 

consistent with recent appropriations. The amendment also places 

a new limit in paragraph (1) on EPA’s administrative expenses of 

not to exceed 5 percent of the total amount appropriated. 

As amended, paragraph (2) of subsection (i) provides that not less 

than 80 percent of each year’s appropriation must be used for 

grants under subsection (g)(2) for the development, implementation, and monitoring of CCMPs and not less than 15 percent must 

be used for grants to address coastal areas under new subsection 

(g)(4). 


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These amendments to subsection (i) have the effect of ensuring 

that a greater amount of each year’s federal appropriations is directed to local efforts. If $26,000,000 is appropriated then each of 

the 28 estuaries currently in the program would receive nearly 

$743,000 a year. In addition, these allocations would provide 

$3,900,000 annually for local actions to address the ecological and 

economic well-being of coastal areas. 

LEGISLATIVE HISTORY

Senator Whitehouse and Senator Vitter introduced S. 1523 on 

June 8, 2015. The bill was referred to the Committee on Environment and Public Works. On August 5, 2015 the Committee on Environment and Public Works held a business meeting to consider 

S. 1523. The bill was approved by the Committee by voice vote 

without amendment. On August 5, 2015, S. 1523 passed the Senate 

with an amendment (S. Amdt. 2639—To modify the authorization 

of appropriations) by Unanimous Consent. 

HEARINGS

No committee hearings were held on S. 1523. 

ROLLCALL VOTES

The Committee on Environment and Public Works met to consider S. 1523 on August 5, 2015. The bill was ordered favorably reported by voice vote. No rollcall votes were taken. 

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing 

Rules of the Senate, the committee finds that S. 1523 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 notes that the Congressional 

Budget Office found that S. 1523 contains no intergovernmental or 

private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA), and any costs incurred by state, local, or tribal 

governments, including matching contributions, would result from 

participation in a voluntary federal program. 

COST OF LEGISLATION

Section 403 of the Congressional Budget and Impoundment Control Act requires that a statement of the cost of the reported bill, 

prepared by the Congressional Budget Office, be included in the report. That statement follows: 

AUGUST 20, 2015. 

Hon. JIM INHOFE, Chairman, 

Committee on Environment and Public Works, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1523, an act to amend the 


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Federal Water Pollution Control Act to reauthorize the National 

Estuary Program, and for other purposes. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Aurora Swanson. 

Sincerely, 

KEITH HALL. 

Enclosure. 

S. 1523—An act to amend the Federal Water Pollution Control Act 

to reauthorize the National Estuary Program, and for other 

purposes 

Summary: S. 1523 would authorize the appropriation of $26 million annually over the 2016–2020 period for the Environmental 

Protection Agency’s (EPA) 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 $112 million over the 2016–2020 period, assuming appropriation of the authorized amounts. 

Enacting S. 1523 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

S. 1523 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA), 

and 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 

2016 2017 2018 2019 2020 2016– 

2020 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ....................................................................... 26 26 26 26 26 130 

Estimated Outlays ........................................................................ 12 22 26 26 26 112 

Basis of Estimate: CBO assumes that S. 1523 will be enacted 

near the start of 2016 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 at the end of 2010, but $26 

million was appropriated for the program for 2015. Under the National Estuary Program, EPA develops plans for attaining or maintaining water quality in an estuary. 

Intergovernmental and Private-Sector Impact: S. 1523 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA, and 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 22, 2015, CBO transmitted a 

cost estimate for H.R. 944, a bill to reauthorize the National Estuary Programs, and for other purposes, as ordered reported by the 

House Committee on Transportation and Infrastructure on April 


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14, 2015. Both H.R. 944 and S. 1523 would reauthorize the National Estuary Program, although H.R. 944 would authorize the appropriation of $1 million more annually over the 2016–2020 period. 

Estimate prepared by: Federal Costs: Aurora Swanson; Impact 

on state, local, and tribal governments: Jon Sperl; Impact on the 

private sector: Amy Petz. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

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 øblack 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— 

* * * * * * * 

SEC. 320. NATIONAL ESTUARY PROGRAM. 

(a) MANAGEMENT CONFERENCE.— 

* * * * * * * 

(g) GRANTS.— (1) RECIPIENTS.—The Administrator is authorized to make 

grants to 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. 

(2) PURPOSES.—Grants under this subsection shall be made 

to pay for activities necessary for the development and implementation of a comprehensive conservation and management 

plan under this section. 

(3) FEDERAL SHARE.—The Federal share of a grant to any 

person (including a State, interstate, or regional agency or entity) under this subsection for a fiscal year— 

(A) shall not exceed— 

(i) 75 percent of the annual aggregate costs of the 

development of a comprehensive conservation and 

management plan; and 

(ii) 50 percent of the annual aggregate costs of the 

implementation of the plan; and 

(B) shall be made on condition that the non-Federal 

share of the costs are provided from non-Federal sources. 

(4) COMPETITIVE AWARDS.— 

(A) IN GENERAL.—Using the amounts made available 

under subsection (i)(2)(B), the Administrator shall make 

competitive awards under this paragraph. 


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(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.—The Administrator shall 

select award recipients under this paragraph that, as determined by the Administrator, are best able to address urgent 

and challenging issues that threaten the ecological and economic well-being of coastal areas, including— 

(i) extensive seagrass habitat losses resulting in significant impacts on fisheries and water quality; 

(ii) recurring harmful algae blooms; 

(iii) unusual marine mammal mortalities; 

(iv) invasive exotic species that may threaten wastewater systems and cause other damage; 

(v) jellyfish proliferation limiting community access 

to water during peak tourism seasons; 

(vi) flooding that may be related to sea level rise or 

wetland degradation or loss; and 

(vii) low dissolved oxygen conditions in estuarine 

waters and related nutrient management. 

* * * * * * 

* 

ø(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— 

ø(1) expenses related to the administration of management 

conferences under this section, not to exceed 10 percent of the 

amount appropriated under this subsection; 

ø(2) making grants under subsection (g); and 

ø(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. 

øThe 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 2016 

through 2020 for— 

(A) making grants and awards under subsection (g); and 

(B) expenses relating to the administration of grants or 

awards by the Administrator under this section, including 

the award and oversight of grants and awards, subject to 

the condition that such expenses may not exceed 5 percent 

of the amount appropriated under this subsection for a fiscal year. 

(2) ALLOCATIONS.— (A) CONSERVATION AND MANAGEMENT PLANS.—Not less 

than 80 percent of the amount made available under this 

subsection for a fiscal year shall be used by the AdminisVerDate Sep 11 2014 04:17 Oct 31, 2015 Jkt 059010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6603 E:\HR\OC\SR161.XXX SR161

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trator for the development, implementation, and monitoring 

of each conservation and management plan eligible for 

grant assistance under subsection (g)(2). 

(B) COMPETITIVE AWARDS.—Not less than 15 percent of 

the amount made available under this subsection for a fiscal year shall be used by the Administrator for making 

competitive awards under subsection (g)(4). 

Æ 


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