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Federal Legislative Update
Disclaimer
The views or information contained here do not necessarily reflect the views of the Commonwealth of Massachusetts or the US EPA.Background
The Buzzards Bay NEP often receives inquiries from local officials regarding the status of Federal Legislation relating to funding for the US EPA National Estuary Program. This is because past legislation has resulted in federal funds for technical assistance programs or grants for Buzzards Bay municipalities to assist them in their efforts to implement watershed Management Plans like the one in place for Buzzards Bay (The Buzzards Bay "CCMP").Hot Topic: Will the NEPs receive an 11th hour cut in federal FY07 funding?
As of March 2007, 9 of the 11 FY2007 regular appropriations bills have not been finalized. Instead, Congress passed continuing budget resolutions to keep government operational, but never finalized specific program funding levels, essentially leaving the final decision to the executive branch. Although Congress specified that each NEP is to receive $500,000 annually for FY07, because the federal budget was never finalized, the actual amount of money each NEP is to receive (beginning this summer and fall) has still not been decided and could default to the President's proposed level of $300,000 per NEP.
Current Issues
Most of the issues currently relating to the National Estuary Program revolve around funding levels provided by Congress. The National Estuary Program is currently authorized until October 2009, at $35 million annually. While this is the amount authorized, it is not the amount recommended in the President's budget, or appropriated by the US Congress. The actual appropriations for the "NEP program" have been roughly $22 to $25 million annually during the past five years. However, not all these funds are awarded to the NEPs; about $7 to $10 million is kept by EPA to support other coastal and ocean management programs. The actual funds awarded to the 28 NEPs have been roughly $14 million annually or about $500,000 in base funding. Some NEPs may receive additional funds from Congressional earmarks in other programs.Each year the President submits a budget to Congress with requested expenditures, including expenditures for EPA and the National Estuary Program. Congress considers this request, but ultimately decides the final appropriations as it is required to do. The House and Senate Appropriations committees may develop different recommendations for a particular program. If there are differences in funding between the House and Senate appropriation subcommittees, a joint conference committee will recommend the final amount.
In 2005, the Appropriation Committee in the house and Senate reorganized. Currently EPA is in the House Subcommittee on Interior, Environment, and Related Agencies, and in the Senate subcommittee Interior and Related Agencies.
For the latest actions on Capitol Hill, visit the Coastal States Organization legislative update page.
or visit the Association for National Estuary Programs Legislative Update Website page.
Noteworthy past legislation
NEP reauthorization in 2004
On October 11, 2004, the 108th Congress reauthorized the National Estuary Program for another 5 years. Funding authorization is set at $35 million annually. The bill, HR 4731 was introduced by Representatives Jim Gerlach (R-PA) and Ellen Tauscher (D-CA) on June 25, 2004. At hearings for the bill, Richard Ribb, Director of the Narragansett Bay NEP and Vice-Chair for the Association of National Estuary Programs, testified that the NEP has evolved into a leader for coastal protection and action over the years. He noted that the NEPs have, on average, leveraged $11 dollars for each Clean Water Act dollar contributed. He also noted that the NEP was one of a handful of federal non-regulatory programs that truly attempts to address local concerns. The National Estuary Program is designed to promote comprehensive planning for the long-term protection of estuaries through collaborative voluntary efforts of Federal, State, local, non-profit and private interests.With the passage of this legislation, the main issue facing the NEPs during the next five years will be how much money will be actually appropriated in each annual federal budget (FY 2005-2010).
Estuary Restoration Act of 2000 (PL 106 457, Title I)
The purpose of the Act is to promote the restoration of estuary habitat; to develop a national Estuary Habitat Restoration Strategy for creating and maintaining effective partnerships within the Federal government and with the private sector; to provide Federal assistance for and promote efficient financing of estuary habitat restoration projects; and to develop and enhance monitoring, data sharing, and research capabilities. The Act had wide agency and bipartisan support. It was championed by nongovernmental organizations such as Restore America's Estuaries. Estuaries are defined under the Act to include the Great Lakes. The Act affects 30 states, the District of Columbia, Puerto Rico, Northern Mariana Islands, Virgin Islands, American Samoa, and Guam.The Act authorizes a program under which the Secretary of the Army may carry out projects and provide technical assistance to meet the restoration goal. Costs of projects funded under the Act must be shared with non Federal parties. Non Federal responsibilities and project selection criteria are discussed in the Act. Funds for project implementation have not yet been appropriated. The "Estuary Habitat Restoration Council" consisting of representatives of the National Oceanic and Atmospheric Administration (NOAA) (www.noaa.gov ), Environmental Protection Agency (www.epa.gov/owow), Department of the Interior (U.S. Fish and Wildlife Service)(www.fws.gov ), Department of Agriculture (www.usda.gov ), and the Department of Army is established. There may also be one ex officio member appointed by the President.
Responsibilities of the Council include soliciting, evaluating, reviewing, and recommending project proposals for funding, developing a national strategy, reviewing the effectiveness of the strategy and providing advice on development of databases, monitoring standards, and reports required under the Act.
The Council has developed a national strategy to ensure a comprehensive and integrated restoration approach and foster coordination of Federal and non Federal restoration activities. The goal of the strategy is to restore 1,000,000 acres of habitat by 2010. Elements of the strategy, its coordination and updating are also discussed in the Act. The strategy will be published in the Federal Register this Fall.
The Under Secretary for Oceans and Atmosphere, Department of Commerce is developing a database of information concerning estuary habitat restoration projects and for developing standard data formats and requirements for project monitoring. Existing NOAA programs are to be used and the information is to be made available to the public.
Federal Legislation and Law Search
Library of Congress Thomas legislation websiteUnited States Congress US Law Code websiteThe Buzzards Bay watershed U.S. House Of Representatives
Member Office Web Services
As a result of the 2000 US Census, Massachusetts lost a congressional delegate, and the state was redistricted. Formerly, three congressmen represented the Buzzards Bay watershed. That number has dropped down to two (Congressman James McGovern no longer represents Dartmouth and Westport). Presently the watershed is shared between Congressmen Barney Frank and William Delahunt. Please visit their websites below.
Congressman William Delahunt, Massachusetts, 10thCongressman Barney Frank, Massachusetts, 4th Congressional Calender (House)For maps of State Representatives and State Senators, go to our Massachusetts Laws page.