```

[Senate Report 108-312]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 670
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-312
======================================================================
 
             THE DINGELL-JOHNSON SPORT FISH RESTORATION ACT

                                _______
                                

                August 25, 2004.--Ordered to be printed

   Filed, under authority of the order of the Senate of July 22, 2004

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2495]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 2495) to amend the Coastal Wetlands, 
Planning, Protection, and Restoration Act to strike limitations 
on funding and amend the Dingell-Johnson Sport Fish Restoration 
Act to extend the period of authorization for certain coastal 
wetland conservation projects, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                    General Statement and Background

    In response to coastal wetland losses, Congress passed the 
Coastal Wetlands Planning, Protection, and Restoration Act 
(CWPPRA) that was signed into law in 1990. Commonly referred to 
as the Breaux Act, named after Senator John Breaux from 
Louisiana who sponsored the legislation, it ensures that State 
and Federal moneys are available for coastal restoration and 
conservation efforts. CWPPRA authorized a Task Force composed 
of representatives from five Federal agencies (Department of 
the Army, Environmental Protection Agency, Department of 
Commerce, Department of the Interior, and Department of 
Agriculture) and the State of Louisiana to develop a 
comprehensive approach to restore and prevent the loss of 
coastal wetlands in Louisiana. The Task Force is responsible 
for preparing and submitting annually to Congress a priority 
list of Louisiana coastal wetland restoration projects. Also, 
the Task Force is responsible for preparing and submitting 
triennually to Congress a plan to identify priority projects 
and a scientific evaluation of the effectiveness of such 
projects. According to CWPPRA, the goal is to achieve a plan of 
no net loss of coastal wetlands as a result of future 
development and to ensure long-term conservation of Louisiana's 
wetlands. CWPPRA created the Coastal Wetlands Trust Fund to 
plan and carry out restoration projects in Louisiana and other 
coastal States. The fund is supported by a tax on small engines 
and equipment. CWPPRA also allocates a percentage of revenue 
from the Aquatic Resources Trust Fund to be used for wetlands 
projects.
    The Sport Fish Restoration Program was created in 1950 with 
the passage of the Dingell-Johnson Act. The Act placed a 10 
percent excise tax on some fishing tackle and the moneys are 
apportioned to the States for use in sport fish restoration 
projects. The Dingell-Johnson Act was expanded with the Wallop-
Breaux Amendments in 1984, which established the Aquatic 
Resources Trust Fund and also augmented the excise taxes and 
import duties on fishing equipment, recreational boats and 
motorboat fuel. The Sport Fish Restoration Program utilizes a 
variety of funding sources, including excise taxes on fishing 
tackle and trolling motors, import duties, motor boat and small 
engine fuel sales, and interest from the Aquatic Resources 
Trust Fund. These funds are then used for various conservation, 
boating safety and outreach activities.

                     Objectives of the Legislation

    S. 2495 amends section 306 of the Coastal Wetlands 
Planning, Protection, and Restoration Act (16 U.S.C. 3955) to 
strike certain funding limitations that were in place for 
priority project and conservation planning expenditures, 
coastal wetlands conservation grants, and North American 
wetlands conservation.
    S. 2495 amends section 4(a) of the Dingell-Johnson Sport 
Fish Restoration Act (16 U.S.C. 777c(a)) to extend the period 
of authorization for the Dingell-Johnson Sport Fish Restoration 
Program until the fiscal year 2019. The funding authorization 
for the program was set to expire in 2009.

                      Section-by-Section Analysis

Section 1. Coastal Wetland Conservation Project Funding.
    Subsection (a) amends section 306 of the Coastal Wetlands 
Planning, Protection, and Restoration Act (16 U.S.C. 3955) to 
strike certain limitations on funding for priority project and 
conservation planning expenditures, coastal wetlands 
conservation grants, and North American wetlands conservation.
    Subsection (b) amends section 4(a) of the Dingell-Johnson 
Sport Fish Restoration Act (16 U.S.C. 777c(a)) to extend the 
period of authorization for the Dingell-Johnson Sport Fish 
Restoration Program until fiscal year 2019.

                          Legislative History

    On June 3, 2004, Senator John Breaux introduced S. 2495. 
The bill was referred to the Senate Committee on Environment 
and Public Works. A full committee business meeting was held on 
June 23, 2004, and the committee ordered S. 2495 to be reported 
to the full Senate by voice vote without amendments.

                                Hearings

    There were no hearings held on S. 2495 during the 108th 
Congress.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 2495 on June 23, 2004. The committee voted 
favorably to report S. 2495 by voice vote without amendments.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes evaluation of 
the regulatory impact of the reported bill.
    The bill 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 finds that S. 2495 would not 
impose Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.

                          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:
                              ----------                              

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 2495, a bill to strike limitations on funding and extend the period 
        of authorization for certain coastal wetlands conservation 
        projects, as ordered reported by the Senate Committee on 
        Environment and Public Works on June 23, 2004.
    S. 2495 would extend through fiscal year 2019 the 
authorization for programs carried out by the U.S. Fish and 
Wildlife Service and the Army Corps of Engineers under the 
Coastal Wetlands Planning, Protection and Restoration Act 
(CWPPRA). (Under current law, authorization for the three 
programs will expire after fiscal year 2009.) The bill also 
would eliminate the $100 million cap on funding for these 
programs.
    Coastal wetland projects and other programs such as sport 
fish restoration and boating safety grants are financed by 
excise taxes and other collections deposited into the Aquatic 
Resources Trust Fund (ARTF). Each program receives direct 
spending authority equal to a specified allocation of the 
fund's income. For CWPPRA programs, the allocation is the 
greater of the previous year's excise taxes on fuels used in 
small engines or 18 percent of that year's total ARTF deposits 
(up to $100 million a year). For 2004, CBO expects that CWPPRA 
programs will receive about $85 million, about 18 percent of 
ARTF resources.
    CBO estimates that the changes made by S. 2495 would have 
no net effect on the Federal budget because the extension of 
CWPPRA programs and the elimination of the $100 million annual 
cap on funding would not change total spending from the ARTF. 
Without reauthorization of CWPPRA programs, funding would be 
reallocated to other ARTF programs after 2009. Eliminating the 
annual cap on funding for coastal wetlands projects would 
increase the relative share of ARTF funding received by CWPPRA 
programs after 2008, but would not change total spending from 
the fund.
    S. 2495 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on State, local, or tribal governments. 
The CBO staff contact for this estimate is Deborah Reis. This 
estimate was approved by Peter H. Fontaine, 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 [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *

                              ----------                              

                    [16 U.S.C. 777C--NOV. 29, 1990]

DINGELL-JOHNSON SPORT FISH RESTORATION ACT

           *       *       *       *       *       *       *

SEC. 777C. DIVISION OF ANNUAL APPROPRIATIONS

    (a) Initial distribution
           The Secretary of the Interior shall distribute 18 
        per centum of each annual appropriation made in 
        accordance with the provisions of section 777b of this 
        title as provided in the Coastal Wetlands Planning, 
        Protection, and Restoration Act (title III, Public Law 
        101-646) (16 U.S.C. 3951 et seq.). Notwithstanding the 
        provisions of section 777b of this title, such sums 
        shall remain available to carry out such Act through 
        fiscal year [2009] 2019.

           *       *       *       *       *       *       *

                              ----------                              

                    [16 U.S.C. 3955--NOV. 29, 1990]

COASTAL WETLANDS PLANNING, PROTECTION, AND RESTORATION ACT

           *       *       *       *       *       *       *

SEC. 3955. DISTRIBUTION OF APPROPRIATIONS

    (a) Priority project and conservation planning expenditures
           Of the total amound appropriated during a given 
        fiscal year to carry out this chapter, 70 percent[, not 
        to exceed $70,000,000,] shall be available, and shall 
        remain available until expended, for the purposes of 
        making expenditures--

           *       *       *       *       *       *       *

    (b) Coastal wetlands conservation grants
           Of the total amount appropriated during a given 
        fiscal year to carry out this chapter, 15 percent[, not 
        to exceed $15,000,000] shall be available, and shall 
        remain available to the Director, for purposes of 
        making grants--

           *       *       *       *       *       *       *

    (c) North American wetlands conservation
           Of the total amount appropriated during a given 
        fiscal year to carry out this chapter, 15 percent[, not 
        to exceed $15,000,000,] shall be available to, and 
        shall remain available until expended by, the Secretary 
        of the Interior for allocation to carry out wetlands 
        conservation projects in coastal wetlands ecosystems in 
        any coastal State under section 4407 of this title.

           *       *       *       *       *       *       *

                                 

```