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                                                                          Order Code RS22386
                                                                       Updated March 16, 2007





SCRS Report for Congress


                  Environmental Protection Agency:

                  FY2007 Appropriations Highlights

                          David M. Bearden and Robert Esworthy
                        Resources, Science, and Industry Division

            The 110th Congress completed action on FY2007 appropriations for the
        Environmental Protection Agency (EPA) with the enactment of the Revised Continuing
        Appropriations Resolution for FY2007 (P.L. 110-5, H.J.Res. 20). P.L. 110-5 provides
        funding through the end of the fiscal year for EPA and other federal agencies not funded
        in the appropriations laws for the Department of Defense (P.L. 109-289) and Homeland
        Security (P.L. 109-295). P.L. 110-5 provides funding for EPA in FY2007 at the same
        level, and under the authority and conditions, specified in the Interior, Environment, and
        Related Agencies Appropriations Act for FY2006 (P.L. 109-54), unless otherwise
        specified in P.L. 110-5.

            As for other agencies, P.L. 110-5 did not indicate a total dollar amount for EPA, but
        specified dollar amounts only for certain agency activities. The two EPA activities
        specified in the law received an increase above the FY2006 appropriation. The law
        provided $1.25 billion for the cleanup of hazardous waste sites under the Superfund
        program, and $1.08 billion for capitalization grants for Clean Water State Revolving
        Funds (SRFs). Other EPA activities would be funded at the same level as in P.L. 109-54,
        including the 0.476% across-the-board rescission required in that statute, and the 1%
        government-wide rescission required in the Department of Defense Appropriations Act
        for FY2006 (P.L. 109-148). Emergency supplementals in FY2006 would not continue
        in FY2007. EPA received $15 million in FY2006 supplementals to respond to leaking
        underground tanks in hurricane-damaged areas in the Gulf Coast region.

            With the exception of Superfund and Clean Water SRF grants, the determination of
        FY2007 funding at the FY2006 level applies to activities specified in P.L. 109-54. Within
        that statute, Congress specified funding for the eight accounts that fund EPA, and for
        relatively few program activities in those accounts. Congress specified funding for most
        program activities in the accompanying reports, rather than in the statute. Therefore, EPA
        may have some discretion in allocating funding to such activities in FY2007. Further,
        P.L. 110-5 states that any language specifying an earmark in reports accompanying an
        FY2006 appropriations act shall have no legal effect on FY2007 funding. The law also
        states that within EPA's State and Tribal Assistance Grants Account no funds shall be
        available for making special project grants in FY2007 for water infrastructure, which
        were identified in the conference report on the FY2006 Interior, Environment, and
        Related Agencies appropriations bill (H.R. 2361, H.Rept. 109-188).



                   Congressional Research Service    The Library of Congress
                        Prepared for Members and Committees of Congress

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