ESTUARIES Act
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The ESTUARIES Act would add Mississippi Sound to the list of estuaries eligible for the National Estuary Program and extend the program's authorization through fiscal year 2031.
The change would let Mississippi Sound receive federal grants for conservation and management planning, though the bill restricts using certain fiscal year 2025 and 2026 funds for that new designation unless funding increases meet a specific threshold.
What this bill would do
What it would do
The bill would amend the Federal Water Pollution Control Act's National Estuary Program to add Mississippi Sound, Mississippi, to the list of estuaries of national significance eligible for program grants, alongside existing sites like Pensacola and Perdido Bays, Florida. It would also extend the program's authorization of appropriations from fiscal year 2026 through fiscal year 2031.
The bill separately restricts how the Environmental Protection Agency can fund the new Mississippi Sound designation: it may not use fiscal year 2025 funds for that purpose at all, and may not use fiscal year 2026 funds unless total program appropriations for that year are at least $850,000 more than the fiscal year 2024 total. It does not change the program's grant structure for other estuaries.
Key provisions
- 1Would add Mississippi Sound, Mississippi, to the list of estuaries of national significance eligible for National Estuary Program grants
- 2Would extend the National Estuary Program's authorization of appropriations from fiscal year 2026 through fiscal year 2031
- 3Would bar the EPA from using fiscal year 2025 funds to implement the Mississippi Sound designation
- 4Would bar the EPA from using fiscal year 2026 funds for the Mississippi Sound designation unless total program appropriations rise at least $850,000 above the fiscal year 2024 level
Who would be affected
The Environmental Protection Agency, which administers the National Estuary Program; Mississippi state and local agencies newly eligible for conservation grants for Mississippi Sound; and existing grant recipients such as states, regional water pollution control agencies, interstate agencies, and nonprofit organizations working on estuary protection nationwide.
Why it matters
Mississippi Sound would gain access to federal planning and restoration grants previously unavailable to it, potentially supporting new conservation efforts there. The funding condition means implementation could be delayed if Congress does not appropriate enough additional money in fiscal year 2026, affecting how soon Mississippi Sound actually benefits.
What would change
Changes to existing law
Amends Federal Water Pollution Control Act (33 U.S.C. § 1330), National Estuary Program (Sec. 2(1))
Adds Mississippi Sound, Mississippi, to the list of estuaries of national significance eligible for grants
Reauthorizes Federal Water Pollution Control Act (33 U.S.C. § 1330), National Estuary Program (Sec. 2(2))
Extends the program's authorization of appropriations from fiscal year 2026 through fiscal year 2031
Agencies directed to act
Effective dates
- Restriction on using fiscal year 2025 funds for the Mississippi Sound designation
- Conditional restriction on using fiscal year 2026 funds for the Mississippi Sound designation
Funding and costs
- $850,000
minimum increase in total National Estuary Program appropriations (over FY2024) required before FY2026 funds can be used for Mississippi Sound
How implementation would work
Once designated, Mississippi Sound would become eligible for the same grant-making process as other estuaries under the program: developing a comprehensive conservation and management plan, potentially convening a management conference, and applying for EPA grants under Section 320. However, the EPA cannot spend fiscal year 2025 funds on any of these activities for Mississippi Sound, and fiscal year 2026 funds are similarly barred unless the year's total program appropriation exceeds the fiscal year 2024 total by at least $850,000, delaying actual implementation until funding conditions are met.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Official CRS summary
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This bill reauthorizes through FY2031 grants provided under the National Estuary Program to protect and restore estuaries of national significance. Estuaries are coastal waterbodies where freshwater from rivers and streams mixes with the ocean’s saltwater. Under the existing program, the Environmental Protection Agency provides grants for (1) developing and implementing comprehensive conservation and management plans for estuaries of national significance, and (2) addressing issues that threaten the ecological and economic well-being of such estuaries. The existing program provides grants to states, regional water pollution control agencies and entities, state coastal zone management agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations, and individuals.
Legislative subjects
Environmental Protection; Intergovernmental relations; Marine pollution; State and local government operations; Water quality; Wetlands
Committee report
H. Rept. 119-400