49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–292 

COASTAL RECREATION WATER QUALITY MONITORING 

AND NOTIFICATION 

NOVEMBER 14, 2005.—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. 1721] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 1721) to amend the Federal Water Pollution Control Act to reauthorize programs to improve the quality 

of coastal recreation waters, and for other purposes, 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. 1721 is to amend the Federal Water Pollution Control Act (the Clean Water Act) to reauthorize appropriations for the coastal recreation water quality program within the 

Environmental Protection Agency (EPA). 

BACKGROUND AND NEED FOR LEGISLATION

Beaches are an important part of American life. Each year over 

180 million people visit our nation’s coastal waters for recreational 

purposes. This activity supports over 28 million jobs and leads to 

investments of over $50 billion in goods and services. It is important to give the public confidence in the quality of our nation’s 

coastal waters. This confidence is important not only to each person who swims, but also to the tourism and recreation industries 

that rely on safe and swimmable coastal waters. 

In October 2000, Congress passed the Beaches Environmental 

Assessment and Coastal Health Act of 2000 (P.L. 106–284; commonly called the BEACH Act) to improve the public’s confidence in 

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the quality of our nation’s coastal waters and protect public health 

and safety. The BEACH Act amended the Clean Water Act to require states to update their water quality standards to incorporate 

criteria for protecting human health from pathogens in coastal 

recreation waters, and to require EPA to issue new or revised 

water quality criteria for pathogens and pathogen indicators. The 

BEACH Act also added section 406 to the Clean Water Act, which 

authorized a grant program to provide funding for states and local 

governments to develop and implement programs for beach water 

quality monitoring and notification to the public of exceedances of 

water quality standards for pathogens in coastal recreation waters. 

Under the BEACH Act, EPA has been developing new water 

quality criteria to protect human health from pathogens, and states 

are updating their water quality standards for recreational coastal 

waters to incorporate these more protective criteria. EPA also has 

been making grants to states to help them implement programs to 

monitor beach water quality and notify the public if water quality 

standards for pathogens are not being met. 

The BEACH Act authorized, for each of fiscal years 2001 through 

2005, such sums as are necessary to carry out the Act’s program 

provisions and $30 million for EPA to make program development 

and implementation grants under Clean Water Act section 406. 

SUMMARY OF THE LEGISLATION

Section 1. Coastal recreation water quality monitoring and notification 

Section 1 of H.R. 1721 amends Section 406(i) of the Clean Water 

Act to extend the authorization of appropriations of $30 million per 

year for program development and implementation grants under 

section 406 through fiscal year 2011. 

Section 2. Authorization of appropriations 

Section 2 of H.R. 1721 amends Section 8 of the Beaches Environmental Assessment and Coastal Health Act of 2000 to extend the 

authorization of appropriations of such sums as are necessary to 

implement the Act’s program provisions through fiscal year 2011. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

The Committee on Transportation and Infrastructure met in 

open session on October 26, 2005, and ordered H.R. 1721 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. 1721 reported. A motion to order H.R. 1721 reported to the House was agreed to by 

voice vote. 

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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 section 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 nation’s coastal recreation waters and protect human health through 

the development and implementation of new water quality criteria 

and standards and beach water quality monitoring and notification 

programs. 

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. 1721 from the Director of the Congressional Budget Office: 

NOVEMBER 9, 2005. 

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. 1721, a bill to amend the 

Federal Water Pollution Control Act to reauthorize programs to improve the quality of coastal recreation waters, and for other purposes. 

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 Lisa Ramirez-Branum (for the state and 

local impact). 

Sincerely, 

DOUGLAS HOLTZ-EAKIN. 

Enclosure. 

H.R. 1721—A bill to amend the Federal Water Pollution Control Act 

to reauthorize programs to improve the quality of coastal recreation waters, and for other purposes 

Summary: H.R. 1721 would authorize appropriations through fiscal year 2011 for the water quality program that benefits coastal 

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states under the Clean Water Act. Under this program, the Environmental Protection Agency (EPA) provides grants to state or 

local governments to support their efforts to monitor the quality of 

coastal waters and notify the public of any conditions where beach 

water does not meet established standards. Under current law, 

EPA was authorized to receive annual appropriations of $30 million for grants and such sums as may be necessary to manage this 

water quality program through 2005. 

Assuming the appropriation of necessary funds, CBO estimates that implementing this legislation would cost $10 million in 2006 

and $121 million over the 2006–2010 period, with additional spending occurring in later years. Enacting the bill would not affect direct spending or revenues. 

H.R. 1721 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Any costs to state or local governments would be the result of complying with grant conditions. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 1721 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— 

2006 2007 2008 2009 2010 

SPENDING SUBJECT TO APPROPRIATION 

Spending Under Current Law: 

Budget Authority 1 ................................................................................ 11 0 0 0 0 

Estimated Outlays ................................................................................ 12 6 3 1 0 

Proposed Changes: 

Estimated Authorization Level ............................................................. 20 31 31 31 31 

Estimated Outlays ................................................................................ 10 23 27 30 31 

Spending Under H.R. 1721: 

Estimated Authorization Level 1 ........................................................... 31 31 31 31 31 

Estimated Outlays ................................................................................ 22 29 30 31 31 

1 The 2006 level is the amount appropriated for that year for both grants and EPA program management. 

Basis of estimate: The bill would authorize the appropriation of 

$30 million annually over the 2006–2011 for grants to states to implement beach water quality and public notification programs. For 

this estimate, CBO assumes that H.R. 1721 will be enacted before 

the end of calendar year 2005 and that the necessary funds will be 

appropriated for each year. We also assume that additional 

amounts up to the authorized level will be appropriated for grants 

in 2006 and that, in subsequent years, the appropriation will be 

provided at the full authorized level of $30 million annually. Based 

on historical spending patterns for those programs, CBO estimates 

that providing the grants would cost $117 million over the 2006–

2010 period. 

H.R. 1721 also would authorize the appropriation of such sums 

as may be necessary for EPA to establish new criteria for monitoring water quality and to manage the program through 2011. Assuming appropriations for such administrative activities would continue at the 2006 level (with annual inflation adjustments), CBO 

estimates that implementing the program would cost about $1 million a year over the 2007–2011 period. In total, CBO estimates that 

outlays resulting from the appropriations for grants and adminisVerDate Aug 31 2005 05:33 Nov 15, 2005 Jkt 049006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR292.XXX HR292
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trative activities would sum to $121 million over the 2006–2010 period, with additional spending occurring in later years. 

Intergovernmental and private-sector impact: H.R. 1721 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA. The bill would reauthorize water quality programs that 

benefit coastal states. Much of the funding authorized in the bill 

would be directed in the form of grants to public or private entities 

such as qualified state and local governments. Any costs to these 

governments from the requirements of the program, including 

matching funds, would be incurred voluntarily. 

Estimate prepared by: Federal Costs: Susanne S. Mehlman. Impact on State, Local, and Tribal Governments: Lisa RamirezBranum. Impact on the Private Sector: Craig Cammarata. 

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. 1721 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 omitVerDate Aug 31 2005 05:33 Nov 15, 2005 Jkt 049006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR292.XXX HR292
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ted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

SECTION 406 OF THE FEDERAL WATER POLLUTION 

CONTROL ACT 

SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND 

NOTIFICATION. 

(a) * * * 

* * * * * * * 

(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated for making grants under subsection (b), including 

implementation of monitoring and notification programs by the Administrator under subsection (h), $30,000,000 for each of fiscal 

years 2001 through ø2005¿ 2011. 

SECTION 8 OF THE BEACHES ENVIRONMENTAL 

ASSESSMENT AND COASTAL HEALTH ACT OF 2000 

SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out the provisions of this Act, including the amendments made by this Act, for 

which amounts are not otherwise specifically authorized to be appropriated, such sums as are necessary for each of fiscal years 2001 

through ø2005¿ 2011. 

Æ