[House Report 114-465]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-465
======================================================================
GREAT LAKES RESTORATION INITIATIVE ACT OF 2016
_______
March 23, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 223]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 223) to authorize the Great Lakes
Restoration Initiative, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose of the Legislation....................................... 4
Background and Need for the Legislation.......................... 4
Hearings......................................................... 8
Legislative History and Consideration............................ 10
Committee Votes.................................................. 11
Committee Oversight Findings..................................... 11
New Budget Authority and Tax Expenditures........................ 11
Congressional Budget Office Cost Estimate........................ 11
Performance Goals and Objectives................................. 12
Advisory of Earmarks............................................. 13
Duplication of Federal Programs.................................. 13
Disclosure of Directed Rulemakings............................... 13
Federal Mandate Statement........................................ 13
Preemption Clarification......................................... 13
Advisory Committee Statement..................................... 13
Applicability of Legislative Branch.............................. 13
Section-by-Section Analysis of Legislation....................... 14
Changes in Existing Law Made by the Bill, as Reported............ 14
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Restoration Initiative Act
of 2016''.
SEC. 2. GREAT LAKES RESTORATION INITIATIVE.
Section 118(c)(7) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)(7)) is amended--
(1) by striking subparagraphs (B) and (C) and inserting the
following:
``(B) Focus areas.--In carrying out the Initiative,
the Administrator shall prioritize programs and
projects, to be carried out in coordination with non-
Federal partners, that address the priority areas
described in the Initiative Action Plan, including--
``(i) the remediation of toxic substances and
areas of concern;
``(ii) the prevention and control of invasive
species and the impacts of invasive species;
``(iii) the protection and restoration of
nearshore health and the prevention and
mitigation of nonpoint source pollution;
``(iv) habitat and wildlife protection and
restoration, including wetlands restoration and
preservation; and
``(v) accountability, monitoring, evaluation,
communication, and partnership activities.
``(C) Projects.--
``(i) In general.--In carrying out the
Initiative, the Administrator shall collaborate
with other Federal partners, including the
Great Lakes Interagency Task Force established
by Executive Order 13340 (69 Fed. Reg. 29043),
to select the best combination of programs and
projects for Great Lakes protection and
restoration using appropriate principles and
criteria, including whether a program or
project provides--
``(I) the ability to achieve
strategic and measurable environmental
outcomes that implement the Initiative
Action Plan and the Great Lakes Water
Quality Agreement;
``(II) the feasibility of--
``(aa) prompt implementation;
``(bb) timely achievement of
results; and
``(cc) resource leveraging;
and
``(III) the opportunity to improve
interagency, intergovernmental, and
inter-organizational coordination and
collaboration to reduce duplication and
streamline efforts.
``(ii) Outreach.--In selecting the best
combination of programs and projects for Great
Lakes protection and restoration under clause
(i), the Administrator shall consult with the
Great Lakes States and Indian tribes and
solicit input from other non-Federal
stakeholders.
``(iii) Harmful algal bloom coordinator.--The
Administrator shall designate a point person
from an appropriate Federal partner to
coordinate, with Federal partners and Great
Lakes States, Indian tribes, and other non-
Federal stakeholders, projects and activities
under the Initiative involving harmful algal
blooms in the Great Lakes.'';
(2) in subparagraph (D)--
(A) by striking clause (i) and inserting the
following:
``(i) In general.--Subject to subparagraph
(J)(ii), funds made available to carry out the
Initiative shall be used to strategically
implement--
``(I) Federal projects;
``(II) projects carried out in
coordination with States, Indian
tribes, municipalities, institutions of
higher education, and other
organizations; and
``(III) operations and activities of
the Program Office, including
remediation of sediment contamination
in areas of concern.'';
(B) in clause (ii)(I), by striking ``(G)(i)'' and
inserting ``(J)(i)''; and
(C) by inserting after clause (ii) the following:
``(iii) Agreements with non-federal
entities.--
``(I) In general.--The Administrator,
or the head of any other Federal
department or agency receiving funds
under clause (ii)(I), may make a grant
to, or otherwise enter into an
agreement with, a qualified non-Federal
entity, as determined by the
Administrator or the applicable head of
the other Federal department or agency
receiving funds, for planning,
research, monitoring, outreach, or
implementation of a project selected
under subparagraph (C), to support the
Initiative Action Plan or the Great
Lakes Water Quality Agreement.
``(II) Qualified non-federal
entity.--For purposes of this clause, a
qualified non-Federal entity may
include a governmental entity,
nonprofit organization, institution, or
individual.''; and
(3) by striking subparagraphs (E) through (G) and inserting
the following:
``(E) Scope.--
``(i) In general.--Projects may be carried
out under the Initiative on multiple levels,
including--
``(I) locally;
``(II) Great Lakes-wide; or
``(III) Great Lakes basin-wide.
``(ii) Limitation.--No funds made available
to carry out the Initiative may be used for any
water infrastructure activity (other than a
green infrastructure project that improves
habitat and other ecosystem functions in the
Great Lakes) for which financial assistance is
received--
``(I) from a State water pollution
control revolving fund established
under title VI;
``(II) from a State drinking water
revolving loan fund established under
section 1452 of the Safe Drinking Water
Act (42 U.S.C. 300j-12); or
``(III) pursuant to the Water
Infrastructure Finance and Innovation
Act of 2014 (33 U.S.C. 3901 et seq.).
``(F) Activities by other federal agencies.--Each
relevant Federal department or agency shall, to the
maximum extent practicable--
``(i) maintain the base level of funding for
the Great Lakes activities of that department
or agency without regard to funding under the
Initiative; and
``(ii) identify new activities and projects
to support the environmental goals of the
Initiative.
``(G) Revision of initiative action plan.--
``(i) In general.--Not less often than once
every 5 years, the Administrator, in
conjunction with the Great Lakes Interagency
Task Force, shall review, and revise as
appropriate, the Initiative Action Plan to
guide the activities of the Initiative in
addressing the restoration and protection of
the Great Lakes system.
``(ii) Outreach.--In reviewing and revising
the Initiative Action Plan under clause (i),
the Administrator shall consult with the Great
Lakes States and Indian tribes and solicit
input from other non-Federal stakeholders.
``(H) Monitoring and reporting.--The Administrator
shall--
``(i) establish and maintain a process for
monitoring and periodically reporting to the
public on the progress made in implementing the
Initiative Action Plan;
``(ii) make information about each project
carried out under the Initiative Action Plan
available on a public website; and
``(iii) provide to the House Committee on
Transportation and Infrastructure and the
Senate Committee on Environment and Public
Works a yearly detailed description of the
progress of the Initiative and amounts
transferred to participating Federal
departments and agencies under subparagraph
(D)(ii).
``(I) Initiative action plan defined.--In this
paragraph, the term `Initiative Action Plan' means the
comprehensive, multi-year action plan for the
restoration of the Great Lakes, first developed
pursuant to the Joint Explanatory Statement of the
Conference Report accompanying the Department of the
Interior, Environment, and Related Agencies
Appropriations Act, 2010 (Public Law 111-88).
``(J) Funding.--
``(i) In general.--There is authorized to be
appropriated to carry out this paragraph
$300,000,000 for each of fiscal years 2017
through 2021.
``(ii) Limitation.--Nothing in this paragraph
creates, expands, or amends the authority of
the Administrator to implement programs or
projects under--
``(I) this section;
``(II) the Initiative Action Plan; or
``(III) the Great Lakes Water Quality
Agreement.''.
Purpose of the Legislation
H.R. 223 amends section 118(c) of the Federal Water
Pollution Control Act (commonly referred to as the Clean Water
Act) to reauthorize the Great Lakes Restoration Initiative
(GLRI) within the Environmental Protection Agency (EPA).
Background and Need for the Legislation
Millions of people in the United States and Canada depend
on the Great Lakes--the largest system of freshwater in the
world--as a source of drinking water, recreation, and economic
livelihood. The Great Lakes Basin has been vulnerable to the
effects of toxic and other pollutants as a result of
industrial, agricultural, and residential development.
The Great Lakes Basin includes parts of the states of
Minnesota, Wisconsin, Illinois, Indiana, Ohio, Pennsylvania,
and New York, all of the State of Michigan, and part of
Ontario, Canada. Over 33 million people live in the Great Lakes
Basin, representing one tenth of the U.S. population and one
quarter of the Canadian population. The Great Lakes hold 18
percent of the world's fresh water supply and 90 percent of the
United States' fresh water supply.
Over the past 200 years, the Great Lakes region has
undergone significant development. Some of the industries in
the region include mining, steel, machine tools, and automobile
manufacturing. Agriculture is also a significant component of
the regional economy. The Great Lakes system provides
convenient waterways for the movement of goods, is the source
of drinking water for millions of people, supplies process and
cooling water for industrial uses, and is used to generate
hydroelectric power.
In addition, the Great Lakes provide significant
recreational benefits, including sightseeing, fishing, boating,
and swimming. According to a study authorized by Congress and
carried out by the United States Army Corps of Engineers
(Corps) in partnership with the Great Lakes Commission, one-
third of all U.S.-registered recreational boats are in the
Great Lakes, resulting in $34.6 billion annually in economic
activity and 244,000 jobs. Nearly $18 billion in fishing,
hunting, and wildlife watching occurs annually in the Great
Lakes region, according to the U.S. Fish and Wildlife Service.
Industrialization and development have had a significant
impact on the Great Lakes ecosystem. The Great Lakes are
particularly vulnerable to contamination because outflow rates
from most of the Lakes are very slow: Lake Superior retains
water for 173 years, Lake Michigan for 62 years, and Lake Huron
for 31 years. Lake Erie, the shallowest of the Lakes, has the
shortest water retention, at 2.7 years. Lakes with low outflow
rates do not flush pollutants quickly. As a result, some
pollutants discharged into the Great Lakes settle into the
sediments at the bottom of the Lakes.
Non-indigenous species and excessive nutrients from a
variety of sources have greatly impacted the Great Lakes
ecosystem. More than 180 invasive aquatic species have become
established in the Great Lakes, some of which have caused
extensive ecological and economic damage. In the 1950s, the sea
lamprey was introduced unintentionally into the Lakes and
decimating trout fisheries. In the 1960s, excessive growth of
algae in portions of the Lakes led to a decline in oxygen
levels and excessive nutrient loadings were identified as the
primary cause of this problem. More recently, in 2014, Toledo,
Ohio implemented a drinking water ban that affected 500,000
people due to a harmful algal bloom caused in part by excessive
nutrients in Lake Erie. Decades of industrial activity in the
region left a legacy of polychlorinated biphenyl (PCB) and
other contamination in sediments that make up the beds of many
of the rivers and harbors in the Great Lakes. While efforts
have been made to address these problems, they remain serious
concerns.
In 2004, Executive Order 13340 was issued, creating the
Great Lakes Interagency Task Force (Task Force). Chaired by the
Administrator of the EPA, the Task Force is made up of senior
officials from EPA, nine federal departments (the Departments
of Agriculture, Commerce, Defense, Health and Human Services,
Homeland Security, Housing and Urban Development, the Interior,
State, and Transportation), and the Council on Environmental
Quality. The Task Force was established to address nationally
significant environmental and natural resource issues involving
the Great Lakes. In addition to the Task Force, the Great Lakes
Regional Working Group (Regional Working Group) was also
established and is composed of the appropriate regional
administrator or director with programmatic responsibility for
the Great Lakes system for each agency represented on the Task
Force.
In 2010, the Great Lakes Restoration Initiative (GLRI) was
established by the Executive Branch to provide additional
resources toward critical long-term goals for the Great Lakes
ecosystem, and its progress is overseen by the Task Force. Task
Force agencies conduct work themselves or through agreements
with state, local, or tribal government entities,
nongovernmental organizations, academic institutions, or other
entities.
During the first phase of the GLRI Action Plan, for Fiscal
Years 2010 through 2014, GLRI resources supplemented agency
budgets to fund over 2,000 projects to improve water quality,
protect and restore native habitat and species, prevent and
control invasive species and address other Great Lakes
environmental problems. GLRI resources have also been used to
double the acreage enrolled in agricultural conservation
programs in watersheds where stormwater runoff containing
nutrients contributes to harmful algal blooms in western Lake
Erie, Saginaw Bay, and Green Bay. Five Task Force agencies (the
EPA, Fish and Wildlife Service, National Oceanic and
Atmospheric Administration (NOAA), Natural Resources
Conservation Service (NRCS), and the Corps) received 85 percent
of GLRI funds made available in Fiscal Years 2010 through 2014.
The EPA transfers GLRI funds to other federal agencies in
support of the program. These funds are intended to
supplement--not supplant--other agency funding. Each Task Force
agency then uses the funds to carry out GLRI work itself, or
awards funds to recipients through financial agreements, such
as grants or contracts.
The second phase of the GLRI Action Plan is for Fiscal
Years 2015 through 2019 and consists of five major focus areas:
(1) Toxic Substances and Areas of Concern, (2) Invasive
Species, (3) Nearshore Health and Nonpoint Source Pollution,
(4) Habitat and Wildlife Protection and Restoration, and (5)
Accountability, Education, Monitoring, Evaluation,
Communication and Partnerships (Foundations for Future
Restoration Actions). Each of the five focus areas has specific
objectives, commitments, and measures of progress that are
clearly identified within the Action Plan.
The Toxic Substances and Areas of Concern Focus Area has
the objectives of remediating, restoring, and delisting Areas
Of Concern (AOCs) and increasing knowledge about contaminants
in the fish and wildlife of the Great Lakes. AOCs are locations
that have experienced environmental degradation that results in
an impairment of the area's ability to support aquatic life.
The objectives of the Invasive Species Focus Area are to
prevent new introductions of invasive species, control
established invasive species, and develop invasive species
control technologies and refine management techniques. The
Nonpoint Source Pollution Impacts on Nearshore Health Focus
Area aims to reduce nutrient loads from agricultural watersheds
and reduce untreated runoff from urban watersheds, while the
Habitats and Species Focus Area aims to protect, restore, and
enhance habitats to help sustain healthy populations of native
species and maintain, restore, and enhance populations of
native species. The Foundations for Future Restoration Actions
Focus Area was not previously addressed in the first GLRI
Action Plan. The objectives of this new focus area are to
ensure climate resiliency of GLRI-funded projects, educate the
next generation about the Great Lakes ecosystem, and implement
a science-based adaptive management approach for GLRI.
The President's budget for fiscal year 2017 requested $250
million for GLRI activities, $50 million less than the enacted
fiscal year 2016 level of $300 million. Since fiscal year 2014,
appropriations for the program have remained consistent at $300
million annually.
In 2013, the Government Accountability Office (GAO)
reviewed and reported on the implementation of the GLRI and
methods to assess GLRI progress, among other things. GAO
concluded that EPA and the Task Force agencies have made
strides but face significant challenges in ensuring the future
success of the GLRI. Among other things, GAO found that
information in the Great Lakes Accountability System (GLAS),
the GLRI's system for monitoring and reporting on GLRI
progress, may not be complete and may prevent EPA from
producing sufficiently comprehensive or useful assessments of
GLRI progress; although, as noted below, GAO's concerns with
the database were largely addressed by updates to EPA's
replacement of the GLAS information system in 2015. GAO also
found that quantifying overall Great Lakes restoration is
difficult and that it is often impossible to link specific
environmental changes to specific projects or programs.
In July 2015, GAO released a second report on the GLRI,
reviewing the manner in which GLRI funds have been used since
the program's initiation. The report examined the (1) amount of
federal funds made available for the GLRI and expended for
projects, (2) process the Task Force used to identify GLRI work
and funding, and (3) information available about GLRI project
activities and results.
According to GAO's 2015 report, in Fiscal Years 2010
through 2014, Congress provided $1.68 billion for the GLRI. As
of January 2015, $1.15 billion had been expended on 2,123
projects--approximately 68 percent of available funds. The Task
Force agencies have not expended all of the funds made
available for the GLRI for several reasons, chief among them
being that many projects take several years to complete. GLRI
funds are typically available for obligation for the fiscal
year the appropriation was made, and the following fiscal year.
After these two fiscal years of availability, GLRI funds can be
used for an additional seven years in order to adjust these
obligations in the event that circumstances, such as extreme
weather, cause a project to be completed later than planned.
In addition to GLRI funds, federal agencies can receive
budget authority to obligate and expend funds that contribute
to the overall restoration of the Great Lakes. Federal agencies
have expended other funds on Great Lakes restoration activities
such as reducing atmospheric deposition and controlling the
generation, transportation, storage, and disposal of hazardous
wastes. GAO found that, while EPA has data on the amounts of
GLRI funds allocated, obligated, and expended, data on other
funds received, obligated, and expended by federal agencies for
Great Lakes restoration activities are not easily available for
comparison. Budget crosscut reports prepared by the Office of
Management and Budget have not identified federal agencies'
obligations and expenditures for Great Lakes restoration
activities, as required by recent appropriations laws.
Information on obligations and expenditures on other Great
Lakes restoration activities could be valuable to Congressional
decision makers even several years later. Without this
information it is not possible for decision makers to view GLRI
funding in the context of the funding of overall Great Lakes
restoration activities, because information on such activities
would only be available from each agency, making less
information readily available for Congressional oversight.
The GAO's 2015 report examined 19 projects funded through
the GLRI and carried out by government agencies,
nongovernmental organizations, and academic institutions to
identify the activities GLRI funds were spent on and the
results that were achieved.
The projects examined range from environmental education
initiatives to habitat assessment, modeling, and restoration,
to soil erosion and sediment control, to green infrastructure
plans. At the time of the review, 16 of the 19 projects had
been completed and three projects were ongoing.
GAO reported that the projects studied contributed to Great
Lakes restoration efforts in a variety of ways, including--but
not limited to--improving the ability of ecosystems to act as
buffers to watersheds by reducing runoff, using climate
simulations to explain how nutrients enter the Great Lakes,
developing trapping technologies and protocols for invasive
species in Great Lakes tributaries, reducing the loss of
sediments and nutrients, engaging teachers in comprehensive
environmental education training, and building a commitment to
stewardship among residents of the Great Lakes Basin.
GAO also found that some of the monitoring and reporting
data in the GLAS database was inaccurate, in part because EPA
did not provide clear guidance on entering certain information
and GLAS did not have data quality controls. GLAS limited users
to reporting progress using a single measure, while GLRI
projects may directly address multiple measures. This prevented
EPA from collecting and reporting complete progress information
on each of the measures addressed by GLRI projects.
GAO recommended in its 2015 report that EPA determine if it
should continue using GLAS or acquire a different system and
ensure that the agency develops guidance for entering data and
establishes data quality control activities. EPA took action to
address these recommendations as GAO completed its work on the
report. In May 2015, EPA replaced GLAS with the Environmental
Accomplishments in the Great Lakes (EAGL) information system.
The new system was accompanied by guidance on information entry
and plans to establish data control activities for ensuring
reliability of the new system. GAO reviewed the actions taken
by EPA and determined that the recommendations had been
addressed. As a result, GAO removed the recommendations from
the final report. GAO had no additional recommendations in the
final report.
According to an August 2015 letter from the board of
directors of the Great Lakes Commission (Commission) to the
Administrator of the EPA, Gina McCarthy, one of the main
challenges being faced by the GLRI is insufficient coordination
and consultation with the states. The Commission believes that
a symptom of this issue is limited funding to the states from
the GLRI to support the increasing volume of Great Lakes work
that has become the responsibility of the states. In addition,
the Commission indicates that there are some concerns that
available GLRI funds are not always given to projects that
appropriately address the objectives of the GLRI Focus Areas.
According to the Commission, the states are more than just
stakeholders--they have sovereign authorities and regulatory
responsibilities for the Great Lakes. The states are called on
to support, coordinate, permit and sometimes manage GLRI
projects underway within their jurisdiction, even when they are
not directly receiving funds to implement these activities.
Some initial suggestions put forward by the Commission to
alleviate these concerns related to the federal-state
partnership include more regular, collective consultation
between the states and federal agencies; participation of state
representatives on the Regional Working Group or creation of a
state subgroup; and annual state-specific meetings with federal
agencies to identify and coordinate investments within their
jurisdiction, as currently done to support state programs to
address the AOCs.
Restoration will be a long-term effort and, in the
meantime, environmental and public health problems persist in
the Great Lakes ecosystem.
Hearings
On September 30, 2015, the House Committee on
Transportation and Infrastructure held an oversight hearing on
the ``The Great Lakes Restoration Initiative: A Review of the
Progress and Challenges in Restoring the Great Lakes.'' The
Committee received testimony from the EPA, GAO, Natural
Resources Conservation Service, Great Lakes Commission, Great
Lakes Metro Chambers Coalition, Great Lakes Coalition, and the
Director of the Ohio Agribusiness Association to review the
Great Lakes Restoration Initiative and improved Great Lakes
water quality.
On February 9, 2010, the House Committee on Transportation
and Infrastructure held an oversight hearing on ``Asian Carp
and the Great Lakes.'' The Committee received testimony from
the United States Army Corps of Engineers, various states'
Departments of Natural Resources, the Great Lakes Fishery
Commission, Alliance for the Great Lakes and American Waterways
Operators examining the ecological and economic threat to the
Great Lakes posed by invasive, non-native Asian carp species,
and federal and state efforts to prevent the carp to spread
into Lake Michigan.
On May 21, 2008, the House Committee on Transportation and
Infrastructure held an oversight hearing on ``Reauthorization
of the Great Lakes Legacy Act.'' The Committee received
testimony from the EPA as well as multiple Great Lakes
organizations to examine proposals to extend and revise the
program under the Great Lakes Legacy Act of 2002, authorizing
EPA grants to state and local governments, Indian tribes and
regional agencies for remediation, prevention, and long-term
monitoring of toxic contamination of sediments in the Great
Lakes.
On May 12, 2008, the House Committee on Transportation and
Infrastructure held an oversight hearing in Port Huron,
Michigan, on ``Impacts of Nutrients on Water Quality in the
Great Lakes.'' The Committee received testimony from NOAA's
Physical Research Scientist and various educators from colleges
and universities surrounding the Great Lakes area to examine
the impact of nutrients on water quality in the Great Lakes.
On April 18, 2008, the House Committee on Transportation
and Infrastructure held an oversight hearing on ``Lake Levels
in the Great Lakes.'' The Committee received testimony from the
Wisconsin Department of Natural Resources, Wisconsin State
Senators, Great Lakes Commission, United States Army Corps of
Engineers and Wisconsin Department of Natural Resources,
examining the status, possible causes, and ecological and
economic impact of low water levels in the Great Lakes.
On January 23, 2008 the House Committee on Transportation
and Infrastructure held an oversight hearing on ``Progress
Toward Improving Water Quality in the Great Lakes.'' The
Committee received testimony from four members of Congress,
GAO, EPA, NOAA, Fish and Wildlife Service and NRCS examining
the status of federal efforts to protect and restore the Great
Lakes ecosystem in light of continuing problems with water
pollution and other environmental threats to the Great Lakes.
On March 7, 2007, the House Committee on Transportation and
Infrastructure held an oversight hearing on ``Impact of Aquatic
Invasive Species on the Great Lakes.'' The Committee received
testimony from the EPA and Multiple Great Lakes agencies as
well as a professor from the Department of Marine Biology at
the University of Notre Dame, examining adverse impacts of
invasive, nonnative aquatic species on the Great Lakes and the
Great Lakes region.
On September 13, 2006, the House Committee on
Transportation and Infrastructure held an oversight hearing on
``Great Lakes Regional Collaboration Strategy: Can It Be
Implemented to Restore and Protect the Great Lakes?'' The
Committee received testimony from the Great Lakes and St.
Lawrence Cities Initiative, EPA, United States Army Corps of
Engineers, Fish and Wildlife Service and Council of Great Lakes
Governors regarding examining federal, state, local and private
entity efforts to implement a Great Lakes Regional
Collaboration strategy to protect and restore the Great Lakes
ecosystem.
On June 7, 2004, the House Committee on Transportation and
Infrastructure held a roundtable in Chicago, Illinois on
``Great Lakes Water Quality and Restoration Efforts.'' The
Committee received testimony from the EPA, the United States
Army Corps of Engineers, the Mayor of Chicago, and Members of
Congress on the importance of the Great Lakes and ongoing
efforts to protect and restore the Great Lakes.
On May 20 and May 21, 2004, the House Committee on
Transportation and Infrastructure held an oversight hearing on
``Great Lakes Water Quality and Restoration Efforts.'' The
Committee received testimony from the EPA, United States Army
Corps of Engineers, NOAA, Department of Agriculture, Fish and
Wildlife Service, two members of Congress, and the GAO
regarding the federal and state efforts to protect and restore
the Great Lakes ecosystem in light of continuing water
pollution problems and environmental threats to the Great
Lakes.
A legislative hearing was not held on H.R. 223.
Legislative History and Consideration
On January 8, 2015, Representative David Joyce of Ohio
introduced H.R. 223, a bill to authorize the Great Lakes
Restoration Initiative.
On December 18, 2015, the President signed H.R. 2029, the
Consolidated Appropriations Act for fiscal year 2016 into law.
That bill included language authorizing the Great Lakes
Restoration Initiative for fiscal year 2016 (Division G, Title
IV, Section 462 of Public Law 114-113.)
On March 2, 2016, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 223, and
ordered the bill, as amended, reported favorably to the House
by voice vote with a quorum present.
Subcommittee on Water Resources and Environment Chairman
Bob Gibbs offered an amendment in Committee. The amendment made
technical and clarifying changes to the bill to more closely
conform the bill to the current practices being carried out by
the federal agencies as it relates to the Great Lakes
Restoration Initiative, and incorporated some of the GAO's
recommendations for the program. Additionally, the amendment
contained a provision to enhance the EPA's role in preventing
harmful algal blooms in the Great Lakes, based on H.R. 1923, a
bill to require the Administrator of the EPA to appoint a
coordinator for issues relating to harmful algal blooms in the
Great Lakes, and for other purposes. Finally, the amendment
changed the authorization of appropriations to reflect the
enactment of Public Law 114-113, and extended the authorization
of appropriations through fiscal year 2021. The amendment was
adopted by voice vote with a quorum present.
In the 113th Congress, a virtually identical bill (H.R.
5764) passed the House of Representatives under suspension of
the rules by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record 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 record votes taken in connection
with consideration of H.R. 223, or ordering the bill reported.
A motion to order H.R. 223 as amended reported favorably to the
House was agreed to by voice vote with a quorum present.
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.
New Budget Authority and Tax Expenditures
Clause 3(c)(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.
Congressional Budget Office Cost Estimate
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 enclosed cost estimate for H.R. 223, as amended,
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 21, 2016.
Hon. Bill Shuster,
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. 223, the Great
Lakes Restoration Initiative Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Keith Hall.
Enclosure.
H.R. 223--Great Lakes Restoration Initiative Act of 2016
H.R. 223 would authorize the appropriation of $1.5 billion
over the 2017-2021 period for the Environmental Protection
Agency (EPA) to support the Great Lakes Restoration Initiative,
a program that funds projects targeting invasive aquatic
species and nonpoint source pollution. The program received an
appropriation of $300 million for fiscal year 2016.
CBO estimates that implementing H.R. 223 would cost $1.35
billion over the next five years, assuming appropriation of the
authorized amounts Remaining amounts would be spent after 2021.
Because enacting H.R. 223 would not affect direct spending
or revenues, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 223 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
H.R. 223 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 223 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--
-----------------------------------------------------------------
2017 2018 2019 2020 2021 2017-2021
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level........................... 300 300 300 300 300 1,500
Estimated Outlays............................. 195 255 300 300 300 1,350
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
223 will be enacted near the end of fiscal year 2016, the
specified amounts will be appropriated in each year starting in
2017, and outlays will follow historical spending patterns for
the program.
Pay-As-You-Go considerations: None.
Increase in long-term deficit and direct spending: CBO
estimates that enacting H.R. 223 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
Intergovernmental and private-sector impact: H.R. 223
contains no intergovernmental or private-sector mandates as
defined in UMRA and would benefit state, local, and tribal
governments, as well as public institutions of higher
education, by authorizing grants for environmental projects.
Any costs incurred by those entities, including matching
contributions, would be incurred voluntarily.
Previous CBO estimate: On CBO February 10, 2016, CBO
transmitted a cost estimate for S. 1024, the Great Lakes
Restoration Initiative Act of 2016, as ordered reported by the
Senate Committee on Environment and Public Works on January 20,
2016. Both pieces of legislation would authorize the same level
of funding and CBO's estimate of the cost to implement either
piece of legislation is the same.
Estimate prepared by: Federal costs: Jon Sperl; Impact on
state, local, and tribal governments: Jon Sperl; Impact on the
private sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
authorize the Great Lakes Restoration Initiative.
Advisory of Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
Duplication of Federal Programs
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 223, as amended,
establishes or reauthorizes a program of the federal government
known to be duplicative of another federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Disclosure of Directed Rulemakings
Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee estimates that enacting H.R. 223, as amended,
does not specifically direct the completion of any specific
rule makings within the meaning of section 551 of title 5,
United States Code.
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. 223, as amended,
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 are 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).
Section-by-Section Analysis of the Legislation
Section 1. Short title
This Act may be cited as the ``Great Lakes Restoration
Initiative Act of 2016''.
Section 2. Great Lakes Restoration Initiative
This section reauthorizes the Great Lakes Restoration
Initiative under Section 118(c) of the Federal Water Pollution
Control Act (33 U.S.C. 1268(c)). This section restates the five
main focus areas of the program related to the remediation of
toxic substances, the prevention and control of invasive
species and the impacts of invasive species, the protection and
restoration of nearshore health and the prevention and
mitigation of nonpoint source pollution, habitat and wildlife
protection and restoration, and accountability, monitoring,
evaluation, communication, and partnership activities.
This section reauthorizes the Environmental Protection
Agency, in conjunction with its federal, state, and local
partners, to carry out projects to promote the activities
related to the five main focus areas.
This section also amends section 118(c)(7) to provide the
Administrator of the Environmental Protection Agency with
direction conducting outreach with the Great Lakes states and
tribes and other non-federal stakeholders, monitoring and
reporting, and designating a point person from an appropriate
federal partner to coordinate, with federal partners and Great
Lakes states, tribes, and other non-federal stakeholders,
projects and activities under the Initiative involving harmful
algal blooms in the Great Lakes.
Finally, this section authorizes $300 million for each of
the fiscal years 2017 through 2021 to the Environmental
Protection Agency to carry out activities to support the Great
Lakes Restoration Initiative, the Initiative's Action Plan, and
the Great Lakes Water Quality Agreement.
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
H.R. 223, as amended, are shown as follows:
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 omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
SECTION 118 OF THE FEDERAL WATER POLLUTION CONTROL ACT
SEC. 118. GREAT LAKES.
(a) Findings, Purpose, and Definitions.--
(1) Findings.--The Congress finds that--
(A) the Great Lakes are a valuable national
resource, continuously serving the people of
the United States and other nations as an
important source of food, fresh water,
recreation, beauty, and enjoyment;
(B) the United States should seek to attain
the goals embodied in the Great Lakes Water
Quality Agreement of 1978, as amended by the
Water Quality Agreement of 1987 and any other
agreements and amendments, with particular
emphasis on goals related to toxic pollutants;
and
(C) the Environmental Protection Agency
should take the lead in the effort to meet
those goals, working with other Federal
agencies and State and local authorities.
(2) Purpose.--It is the purpose of this section to
achieve the goals embodied in the Great Lakes Water
Quality Agreement of 1978, as amended by the Water
Quality Agreement of 1987 and any other agreements and
amendments, through improved organization and
definition of mission on the part of the Agency,
funding of State grants for pollution control in the
Great Lakes area, and improved accountability for
implementation of such agreement.
(3) Definitions.--For purposes of this section, the
term--
(A) ``Agency'' means the Environmental
Protection Agency;
(B) ``Great Lakes'' means Lake Ontario, Lake
Erie, Lake Huron (including Lake St. Clair),
Lake Michigan, and Lake Superior, and the
connecting channels (Saint Mary's River, Saint
Clair River, Detroit River, Niagara River, and
Saint Lawrence River to the Canadian Border);
(C) ``Great Lakes System'' means all the
streams, rivers, lakes, and other bodies of
water within the drainage basin of the Great
Lakes;
(D) ``Program Office'' means the Great Lakes
National Program Office established by this
section;
(E) ``Research Office'' means the Great Lakes
Research Office established by subsection (d);
(F) ``area of concern'' means a geographic
area located within the Great Lakes, in which
beneficial uses are impaired and which has been
officially designated as such under Annex 2 of
the Great Lakes Water Quality Agreement;
(G) ``Great Lakes States'' means the States
of Illinois, Indiana, Michigan, Minnesota, New
York, Ohio, Pennsylvania, and Wisconsin;
(H) ``Great Lakes Water Quality Agreement''
means the bilateral agreement, between the
United States and Canada which was signed in
1978 and amended by the Protocol of 1987;
(I) ``Lakewide Management Plan'' means a
written document which embodies a systematic
and comprehensive ecosystem approach to
restoring and protecting the beneficial uses of
the open waters of each of the Great Lakes, in
accordance with article VI and Annex 2 of the
Great Lakes Water Quality Agreement;
(J) ``Remedial Action Plan'' means a written
document which embodies a systematic and
comprehensive ecosystem approach to restoring
and protecting the beneficial uses of areas of
concern, in accordance with article VI and
Annex 2 of the Great Lakes Water Quality
Agreement;
(K) ``site characterization'' means a process
for monitoring and evaluating the nature and
extent of sediment contamination in accordance
with the Environmental Protection Agency's
guidance for the assessment of contaminated
sediment in an area of concern located wholly
or partially within the United States; and
(L) ``potentially responsible party'' means
an individual or entity that may be liable
under any Federal or State authority that is
being used or may be used to facilitate the
cleanup and protection of the Great Lakes.
(b) Great Lakes National Program Office.--The Great Lakes
National Program Office (previously established by the
Administrator) is hereby established within the Agency. The
Program Office shall be headed by a Director who, by reason of
management experience and technical expertise relating to the
Great Lakes, is highly qualified to direct the development of
programs and plans on a variety of Great Lakes issues. The
Great Lakes National Program Office shall be located in a Great
Lakes State.
(c) Great Lakes Management.--
(1) Functions.--The Program Office shall--
(A) in cooperation with appropriate Federal,
State, tribal, and international agencies, and
in accordance with section 101(e) of this Act,
develop and implement specific action plans to
carry out the responsibilities of the United
States under the Great Lakes Water Quality
Agreement of 1978, as amended by the Water
Quality Agreement of 1987 and any other
agreements and amendments,;
(B) establish a Great Lakes system-wide
surveillance network to monitor the water
quality of the Great Lakes, with specific
emphasis on the monitoring of toxic pollutants;
(C) serve as the liaison with, and provide
information to, the Canadian members of the
International Joint Commission and the Canadian
counterpart to the Agency;
(D) coordinate actions of the Agency
(including actions by headquarters and regional
offices thereof) aimed at improving Great Lakes
water quality; and
(E) coordinate actions of the Agency with the
actions of other Federal agencies and State and
local authorities, so as to ensure the input of
those agencies and authorities in developing
water quality strategies and obtain the support
of those agencies and authorities in achieving
the objectives of such agreement.
(2) Great lakes water quality guidance.--
(A) By June 30, 1991, the Administrator,
after consultation with the Program Office,
shall publish in the Federal Register for
public notice and comment proposed water
quality guidance for the Great Lakes System.
Such guidance shall conform with the objectives
and provisions of the Great Lakes Water Quality
Agreement, shall be no less restrictive than
the provisions of this Act and national water
quality criteria and guidance, shall specify
numerical limits on pollutants in ambient Great
Lakes waters to protect human health, aquatic
life, and wildlife, and shall provide guidance
to the Great Lakes States on minimum water
quality standards, antidegradation policies,
and implementation procedures for the Great
Lakes System.
(B) By June 30, 1992, the Administrator, in
consultation with the Program Office, shall
publish in the Federal Register, pursuant to
this section and the Administrator's authority
under this chapter, final water quality
guidance for the Great Lakes System.
(C) Within two years after such Great Lakes
guidance is published, the Great Lakes States
shall adopt water quality standards,
antidegradation policies, and implementation
procedures for waters within the Great Lakes
System which are consistent with such guidance.
If a Great Lakes State fails to adopt such
standards, policies, and procedures, the
Administrator shall promulgate them not later
than the end of such two-year period. When
reviewing any Great Lakes State's water quality
plan, the agency shall consider the extent to
which the State has complied with the Great
Lakes guidance issued pursuant to this section.
(3) Remedial action plans.--
(A) For each area of concern for which the
United States has agreed to draft a Remedial
Action Plan, the Program Office shall ensure
that the Great Lakes State in which such area
of concern is located--
(i) submits a Remedial Action Plan to
the Program Office by June 30, 1991;
(ii) submits such Remedial Action
Plan to the International Joint
Commission by January 1, 1992; and
(iii) includes such Remedial Action
Plans within the State's water quality
plan by January 1, 1993.
(B) For each area of concern for which Canada
has agreed to draft a Remedial Action Plan, the
Program Office shall, pursuant to subparagraph
(c)(1)(C) of this section, work with Canada to
assure the submission of such Remedial Action
Plans to the International Joint Commission by
June 30, 1991, and to finalize such Remedial
Action Plans by January 1, 1993.
(C) For any area of concern designated as
such subsequent to the enactment of this Act,
the Program Office shall (i) if the United
States has agreed to draft the Remedial Action
Plan, ensure that the Great Lakes State in
which such area of concern is located submits
such Plan to the Program Office within two
years of the area's designation, submits it to
the International Joint Commission no later
than six months after submitting it to the
Program Office, and includes such Plan in the
State's water quality plan no later than one
year after submitting it to the Commission; and
(ii) if Canada has agreed to draft the Remedial
Action Plan, work with Canada, pursuant to
subparagraph (c)(1)(C) of this section, to
ensure the submission of such Plan to the
International Joint Commission within two years
of the area's designation and the finalization
of such Plan no later than eighteen months
after submitting it to such Commission.
(D) The Program Office shall compile formal
comments on individual Remedial Action Plans
made by the International Joint Commission
pursuant to section 4(d) of Annex 2 of the
Great Lakes Water Quality Agreement and, upon
request by a member of the public, shall make
such comments available for inspection and
copying. The Program Office shall also make
available, upon request, formal comments made
by the Environmental Protection Agency on
individual Remedial Action Plans.
(E) Report.--Not later than 1 year after the
date of enactment of this subparagraph, the
Administrator shall submit to Congress a report
on such actions, time periods, and resources as
are necessary to fulfill the duties of the
Agency relating to oversight of Remedial Action
Plans under--
(i) this paragraph; and
(ii) the Great Lakes Water Quality
Agreement.
(4) Lakewide management plans.--The Administrator, in
consultation with the Program Office shall--
(A) by January 1, 1992, publish in the
Federal Register a proposed Lakewide Management
Plan for Lake Michigan and solicit public
comments;
(B) by January 1, 1993, submit a proposed
Lakewide Management Plan for Lake Michigan to
the International Joint Commission for review;
and
(C) by January 1, 1994, publish in the
Federal Register a final Lakewide Management
Plan for Lake Michigan and begin
implementation.
Nothing in this subparagraph shall preclude the simultaneous
development of Lakewide Management Plans for the other Great
Lakes.
(5) Spills of oil and hazardous materials.--The
Program Office, in consultation with the Coast Guard,
shall identify areas within the Great Lakes which are
likely to experience numerous or voluminous spills of
oil or other hazardous materials from land based
facilities, vessels, or other sources and, in
consultation with the Great Lakes States, shall
identify weaknesses in Federal and State programs and
systems to prevent and respond to such spills. This
information shall be included on at least a biennial
basis in the report required by this section.
(6) 5-year plan and program.--The Program Office
shall develop, in consultation with the States, a five-
year plan and program for reducing the amount of
nutrients introduced into the Great Lakes. Such program
shall incorporate any management program for reducing
nutrient runoff from nonpoint sources established under
section 319 of this Act and shall include a program for
monitoring nutrient runoff into, and ambient levels in,
the Great Lakes.
(7) Great lakes restoration initiative.--
(A) Establishment.--There is established in
the Agency a Great Lakes Restoration Initiative
(referred to in this paragraph as the
``Initiative'') to carry out programs and
projects for Great Lakes protection and
restoration.
[(B) Focus areas.--The Initiative shall
prioritize programs and projects carried out in
coordination with non-Federal partners and
programs and projects that address priority
areas each fiscal year, including--
[(i) the remediation of toxic
substances and areas of concern;
[(ii) the prevention and control of
invasive species and the impacts of
invasive species;
[(iii) the protection and restoration
of nearshore health and the prevention
and mitigation of nonpoint source
pollution;
[(iv) habitat and wildlife protection
and restoration, including wetlands
restoration and preservation; and
[(v) accountability, monitoring,
evaluation, communication, and
partnership activities.
[(C) Projects.--Under the Initiative, the
Agency shall collaborate with Federal partners,
including the Great Lakes Interagency Task
Force, to select the best combination of
programs and projects for Great Lakes
protection and restoration using appropriate
principles and criteria, including whether a
program or project provides--
[(i) the ability to achieve strategic
and measurable environmental outcomes
that implement the Great Lakes Action
Plan and the Great Lakes Water Quality
Agreement;
[(ii) the feasibility of--
[(I) prompt implementation;
[(II) timely achievement of
results; and
[(III) resource leveraging;
and
[(iii) the opportunity to improve
interagency and inter-organizational
coordination and collaboration to
reduce duplication and streamline
efforts.]
(B) Focus areas.--In carrying out the
Initiative, the Administrator shall prioritize
programs and projects, to be carried out in
coordination with non-Federal partners, that
address the priority areas described in the
Initiative Action Plan, including--
(i) the remediation of toxic
substances and areas of concern;
(ii) the prevention and control of
invasive species and the impacts of
invasive species;
(iii) the protection and restoration
of nearshore health and the prevention
and mitigation of nonpoint source
pollution;
(iv) habitat and wildlife protection
and restoration, including wetlands
restoration and preservation; and
(v) accountability, monitoring,
evaluation, communication, and
partnership activities.
(C) Projects.--
(i) In general.--In carrying out the
Initiative, the Administrator shall
collaborate with other Federal
partners, including the Great Lakes
Interagency Task Force established by
Executive Order 13340 (69 Fed. Reg.
29043), to select the best combination
of programs and projects for Great
Lakes protection and restoration using
appropriate principles and criteria,
including whether a program or project
provides--
(I) the ability to achieve
strategic and measurable
environmental outcomes that
implement the Initiative Action
Plan and the Great Lakes Water
Quality Agreement;
(II) the feasibility of--
(aa) prompt
implementation;
(bb) timely
achievement of results;
and
(cc) resource
leveraging; and
(III) the opportunity to
improve interagency,
intergovernmental, and inter-
organizational coordination and
collaboration to reduce
duplication and streamline
efforts.
(ii) Outreach.--In selecting the best
combination of programs and projects
for Great Lakes protection and
restoration under clause (i), the
Administrator shall consult with the
Great Lakes States and Indian tribes
and solicit input from other non-
Federal stakeholders.
(iii) Harmful algal bloom
coordinator.--The Administrator shall
designate a point person from an
appropriate Federal partner to
coordinate, with Federal partners and
Great Lakes States, Indian tribes, and
other non-Federal stakeholders,
projects and activities under the
Initiative involving harmful algal
blooms in the Great Lakes.
(D) Implementation of projects.--
[(i) In general.--Subject to
subparagraph (G)(ii), funds made
available to carry out the Initiative
shall be used to strategically
implement--
[(I) Federal projects; and
[(II) projects carried out in
coordination with States,
Indian tribes, municipalities,
institutions of higher
education, and other
organizations.]
(i) In general.--Subject to
subparagraph (J)(ii), funds made
available to carry out the Initiative
shall be used to strategically
implement--
(I) Federal projects;
(II) projects carried out in
coordination with States,
Indian tribes, municipalities,
institutions of higher
education, and other
organizations; and
(III) operations and
activities of the Program
Office, including remediation
of sediment contamination in
areas of concern.
(ii) Transfer of funds.--With amounts
made available for the Initiative each
fiscal year, the Administrator may--
(I) transfer not more than
the total amount appropriated
under subparagraph [(G)(i)]
(J)(i) for the fiscal year to
the head of any Federal
department or agency, with the
concurrence of the department
or agency head, to carry out
activities to support the
Initiative and the Great Lakes
Water Quality Agreement; and
(II) enter into an
interagency agreement with the
head of any Federal department
or agency to carry out
activities described in
subclause (I).
(iii) Agreements with non-federal
entities.--
(I) In general.--The
Administrator, or the head of
any other Federal department or
agency receiving funds under
clause (ii)(I), may make a
grant to, or otherwise enter
into an agreement with, a
qualified non-Federal entity,
as determined by the
Administrator or the applicable
head of the other Federal
department or agency receiving
funds, for planning, research,
monitoring, outreach, or
implementation of a project
selected under subparagraph
(C), to support the Initiative
Action Plan or the Great Lakes
Water Quality Agreement.
(II) Qualified non-federal
entity.--For purposes of this
clause, a qualified non-Federal
entity may include a
governmental entity, nonprofit
organization, institution, or
individual.
[(E) Scope.--
[(i) In general.--Projects shall be
carried out under the Initiative on
multiple levels, including--
[(I) Great Lakes-wide; and
[(II) Great Lakes basin-wide.
[(ii) Limitation.--No funds made
available to carry out the Initiative
may be used for any water
infrastructure activity (other than a
green infrastructure project that
improves habitat and other ecosystem
functions in the Great Lakes) for which
amounts are made available from--
[(I) a State water pollution
control revolving fund
established under title VI; or
[(II) a State drinking water
revolving loan fund established
under section 1452 of the Safe
Drinking Water Act (42 U.S.C.
300j-12).
[(F) Activities by other federal agencies.--
Each relevant Federal department or agency
shall, to the maximum extent practicable--
[(i) maintain the base level of
funding for the Great Lakes activities
of that department or agency without
regard to funding under the Initiative;
and
[(ii) identify new activities and
projects to support the environmental
goals of the Initiative.
[(G) Funding.--There are authorized to be
appropriated to carry out this paragraph for
fiscal year 2016, $300,000,000.]
(E) Scope.--
(i) In general.--Projects may be
carried out under the Initiative on
multiple levels, including--
(I) locally;
(II) Great Lakes-wide; or
(III) Great Lakes basin-wide.
(ii) Limitation.--No funds made
available to carry out the Initiative
may be used for any water
infrastructure activity (other than a
green infrastructure project that
improves habitat and other ecosystem
functions in the Great Lakes) for which
financial assistance is received--
(I) from a State water
pollution control revolving
fund established under title
VI;
(II) from a State drinking
water revolving loan fund
established under section 1452
of the Safe Drinking Water Act
(42 U.S.C. 300j-12); or
(III) pursuant to the Water
Infrastructure Finance and
Innovation Act of 2014 (33
U.S.C. 3901 et seq.).
(F) Activities by other federal agencies.--
Each relevant Federal department or agency
shall, to the maximum extent practicable--
(i) maintain the base level of
funding for the Great Lakes activities
of that department or agency without
regard to funding under the Initiative;
and
(ii) identify new activities and
projects to support the environmental
goals of the Initiative.
(G) Revision of initiative action plan.--
(i) In general.--Not less often than
once every 5 years, the Administrator,
in conjunction with the Great Lakes
Interagency Task Force, shall review,
and revise as appropriate, the
Initiative Action Plan to guide the
activities of the Initiative in
addressing the restoration and
protection of the Great Lakes system.
(ii) Outreach.--In reviewing and
revising the Initiative Action Plan
under clause (i), the Administrator
shall consult with the Great Lakes
States and Indian tribes and solicit
input from other non-Federal
stakeholders.
(H) Monitoring and reporting.--The
Administrator shall--
(i) establish and maintain a process
for monitoring and periodically
reporting to the public on the progress
made in implementing the Initiative
Action Plan;
(ii) make information about each
project carried out under the
Initiative Action Plan available on a
public website; and
(iii) provide to the House Committee
on Transportation and Infrastructure
and the Senate Committee on Environment
and Public Works a yearly detailed
description of the progress of the
Initiative and amounts transferred to
participating Federal departments and
agencies under subparagraph (D)(ii).
(I) Initiative action plan defined.--In this
paragraph, the term ``Initiative Action Plan''
means the comprehensive, multi-year action plan
for the restoration of the Great Lakes, first
developed pursuant to the Joint Explanatory
Statement of the Conference Report accompanying
the Department of the Interior, Environment,
and Related Agencies Appropriations Act, 2010
(Public Law 111-88).
(J) Funding.--
(i) In general.--There is authorized
to be appropriated to carry out this
paragraph $300,000,000 for each of
fiscal years 2017 through 2021.
(ii) Limitation.--Nothing in this
paragraph creates, expands, or amends
the authority of the Administrator to
implement programs or projects under--
(I) this section;
(II) the Initiative Action
Plan; or
(III) the Great Lakes Water
Quality Agreement.
(8) Administrator's responsibility.--The
Administrator shall ensure that the Program Office
enters into agreements with the various organizational
elements of the Agency involved in Great Lakes
activities and the appropriate State agencies
specifically delineating--
(A) the duties and responsibilities of each
such element in the Agency with respect to the
Great Lakes;
(B) the time periods for carrying out such
duties and responsibilities; and
(C) the resources to be committed to such
duties and responsibilities.
(9) Budget item.--The Administrator shall, in the
Agency's annual budget submission to Congress, include
a funding request for the Program Office as a separate
budget line item.
(10) Confined disposal facilities.--(A) The
Administrator, in consultation with the Assistant
Secretary of the Army for Civil Works, shall develop
and implement, within one year of the date of enactment
of this paragraph, management plans for every Great
Lakes confined disposal facility.
(B) The plan shall provide for monitoring of such
facilities, including--
(i) water quality at the site and in the area
of the site;
(ii) sediment quality at the site and in the
area of the site;
(iii) the diversity, productivity, and
stability of aquatic organisms at the site and
in the area of the site; and
(iv) such other conditions as the
Administrator deems appropriate.
(C) The plan shall identify the anticipated use and
management of the site over the following twenty-year
period including the expected termination of dumping at
the site, the anticipated need for site management,
including pollution control, following the termination
of the use of the site.
(D) The plan shall identify a schedule for review and
revision of the plan which shall not be less frequent
than five years after adoption of the plan and every
five years thereafter.
(11) Remediation of sediment contamination in areas
of concern.--
(A) In general.--In accordance with this
paragraph, the Administrator, acting through
the Program Office, may carry out projects that
meet the requirements of subparagraph (B).
(B) Eligible projects.--A project meets the
requirements of this subparagraph if the
project is to be carried out in an area of
concern located wholly or partially in the
United States and the project--
(i) monitors or evaluates
contaminated sediment;
(ii) subject to subparagraph (D),
implements a plan to remediate
contaminated sediment, including
activities to restore aquatic habitat
that are carried out in conjunction
with a project for the remediation of
contaminated sediment; or
(iii) prevents further or renewed
contamination of sediment.
(C) Priority.--In selecting projects to carry
out under this paragraph, the Administrator
shall give priority to a project that--
(i) constitutes remedial action for
contaminated sediment;
(ii)(I) has been identified in a
Remedial Action Plan submitted under
paragraph (3); and
(II) is ready to be implemented;
(iii) will use an innovative
approach, technology, or technique that
may provide greater environmental
benefits, or equivalent environmental
benefits at a reduced cost; or
(iv) includes remediation to be
commenced not later than 1 year after
the date of receipt of funds for the
project.
(D) Limitations.--The Administrator may not
carry out a project under this paragraph for
remediation of contaminated sediments located
in an area of concern--
(i) if an evaluation of remedial
alternatives for the area of concern
has not been conducted, including a
review of the short-term and long-term
effects of the alternatives on human
health and the environment;
(ii) if the Administrator determines
that the area of concern is likely to
suffer significant further or renewed
contamination from existing sources of
pollutants causing sediment
contamination following completion of
the project;
(iii) unless each non-Federal sponsor
for the project has entered into a
written project agreement with the
Administrator under which the party
agrees to carry out its
responsibilities and requirements for
the project; or
(iv) unless the Administrator
provides assurance that the Agency has
conducted a reasonable inquiry to
identify potentially responsible
parties connected with the site.
(E) Non-federal share.--
(i) In general.--The non-Federal
share of the cost of a project carried
out under this paragraph shall be at
least 35 percent.
(ii) In-kind contributions.--
(I) In general.--The non-
Federal share of the cost of a
project carried out under this
paragraph may include the value
of an in-kind contribution
provided by a non-Federal
sponsor.
(II) Credit.--A project
agreement described in
subparagraph (D)(iii) may
provide, with respect to a
project, that the Administrator
shall credit toward the non-
Federal share of the cost of
the project the value of an in-
kind contribution made by the
non-Federal sponsor, if the
Administrator determines that
the material or service
provided as the in-kind
contribution is integral to the
project.
(III) Work performed before
project agreement.--In any case
in which a non-Federal sponsor
is to receive credit under
subclause (II) for the cost of
work carried out by the non-
Federal sponsor and such work
has not been carried out by the
non-Federal sponsor as of the
date of enactment of this
subclause, the Administrator
and the non-Federal sponsor
shall enter into an agreement
under which the non-Federal
sponsor shall carry out such
work, and only work carried out
following the execution of the
agreement shall be eligible for
credit.
(IV) Limitation.--Credit
authorized under this clause
for a project carried out under
this paragraph--
(aa) shall not exceed
the non-Federal share
of the cost of the
project; and
(bb) shall not exceed
the actual and
reasonable costs of the
materials and services
provided by the non-
Federal sponsor, as
determined by the
Administrator.
(V) Inclusion of certain
contributions.--In this
subparagraph, the term ``in-
kind contribution'' may include
the costs of planning
(including data collection),
design, construction, and
materials that are provided by
the non-Federal sponsor for
implementation of a project
under this paragraph.
(iii) Treatment of credit between
projects.--Any credit provided under
this subparagraph towards the non-
Federal share of the cost of a project
carried out under this paragraph may be
applied towards the non-Federal share
of the cost of any other project
carried out under this paragraph by the
same non-Federal sponsor for a site
within the same area of concern.
(iv) Non-federal share.--The non-
Federal share of the cost of a project
carried out under this paragraph--
(I) may include monies paid
pursuant to, or the value of
any in-kind contribution
performed under, an
administrative order on consent
or judicial consent decree; but
(II) may not include any
funds paid pursuant to, or the
value of any in-kind
contribution performed under, a
unilateral administrative order
or court order.
(v) Operation and maintenance.--The
non-Federal share of the cost of the
operation and maintenance of a project
carried out under this paragraph shall
be 100 percent.
(F) Site characterization.--
(i) In general.--The Administrator,
in consultation with any affected State
or unit of local government, shall
carry out at Federal expense the site
characterization of a project under
this paragraph for the remediation of
contaminated sediment.
(ii) Limitation.--For purposes of
clause (i), the Administrator may carry
out one site assessment per discrete
site within a project at Federal
expense.
(G) Coordination.--In carrying out projects
under this paragraph, the Administrator shall
coordinate with the Secretary of the Army, and
with the Governors of States in which the
projects are located, to ensure that Federal
and State assistance for remediation in areas
of concern is used as efficiently as
practicable.
(H) Authorization of appropriations.--
(i) In general.--In addition to other
amounts authorized under this section,
there is authorized to be appropriated
to carry out this paragraph $50,000,000
for each of fiscal years 2004 through
2010.
(ii) Availability.--Funds made
available under clause (i) shall remain
available until expended.
(iii) Allocation of funds.--Not more
than 20 percent of the funds
appropriated pursuant to clause (i) for
a fiscal year may be used to carry out
subparagraph (F).
(12) Public information program.--
(A) In general.--The Administrator, acting
through the Program Office and in coordination
with States, Indian tribes, local governments,
and other entities, may carry out a public
information program to provide information
relating to the remediation of contaminated
sediment to the public in areas of concern that
are located wholly or partially in the United
States.
(B) Authorization of appropriations.--There
is authorized to be appropriated to carry out
this paragraph $1,000,000 for each of fiscal
years 2004 through 2010.
(d) Great Lakes Research.--
(1) Establishment of research office.--There is
established within the National Oceanic and Atmospheric
Administration the Great Lakes Research Office.
(2) Identification of issues.--The Research Office
shall identify issues relating to the Great Lakes
resources on which research is needed. The Research
Office shall submit a report to Congress on such issues
before the end of each fiscal year which shall identify
any changes in the Great Lakes system with respect to
such issues.
(3) Inventory.--The Research Office shall identify
and inventory, Federal, State, university, and tribal
environmental research programs (and, to the extent
feasible, those of private organizations and other
nations) relating to the Great Lakes system, and shall
update that inventory every four years.
(4) Research exchange.--The Research Office shall
establish a Great Lakes research exchange for the
purpose of facilitating the rapid identification,
acquisition, retrieval, dissemination, and use of
information concerning research projects which are
ongoing or completed and which affect the Great Lakes
System.
(5) Research program.--The Research Office shall
develop, in cooperation with the Coordination Office, a
comprehensive environmental research program and data
base for the Great Lakes system. The data base shall
include, but not be limited to, data relating to water
quality, fisheries, and biota.
(6) Monitoring.--The Research Office shall conduct,
through the Great Lakes Environmental Research
Laboratory, the National Sea Grant College program,
other Federal laboratories, and the private sector,
appropriate research and monitoring activities which
address priority issues and current needs relating to
the Great Lakes.
(7) Location.--The Research Office shall be located
in a Great Lakes State.
(e) Research and Management Coordination.--
(1) Joint plan.--Before October 1 of each year, the
Program Office and the Research Office shall prepare a
joint research plan for the fiscal year which begins in
the following calendar year.
(2) Contents of plan.--Each plan prepared under
paragraph (1) shall--
(A) identify all proposed research dedicated
to activities conducted under the Great Lakes
Water Quality Agreement of 1978;
(B) include the Agency's assessment of
priorities for research needed to fulfill the
terms of such Agreement; and
(C) identify all proposed research that may
be used to develop a comprehensive
environmental data base for the Great Lakes
System and establish priorities for development
of such data base.
(3) Health research report.--(A) Not later than
September 30, 1994, the Program Office, in consultation
with the Research Office, the Agency for Toxic
Substances and Disease Registry, and Great Lakes States
shall submit to the Congress a report assessing the
adverse effects of water pollutants in the Great Lakes
System on the health of persons in Great Lakes States
and the health of fish, shellfish, and wildlife in the
Great Lakes System. In conducting research in support
of this report, the Administrator may, where
appropriate, provide for research to be conducted under
cooperative agreements with Great Lakes States.
(B) There is authorized to be appropriated to the
Administrator to carry out this section not to exceed
$3,000,000 for each of fiscal years 1992, 1993, and
1994.
(f) Interagency Cooperation.--The head of each department,
agency, or other instrumentality of the Federal Government
which is engaged in, is concerned with, or has authority over
programs relating to research, monitoring, and planning to
maintain, enhance, preserve, or rehabilitate the environmental
quality and natural resources of the Great Lakes, including the
Chief of Engineers of the Army, the Chief of the Soil
Conservation Service, the Commandant of the Coast Guard, the
Director of the Fish and Wildlife Service, and the
Administrator of the National Oceanic and Atmospheric
Administration, shall submit an annual report to the
Administrator with respect to the activities of that agency or
office affecting compliance with the Great Lakes Water Quality
Agreement of 1978.
(g) Relationship to Existing Federal and State Laws and
International Treaties.--Nothing in this section shall be
construed--
(1) to affect the jurisdiction, powers, or
prerogatives of any department, agency, or officer of
the Federal Government or of any State government, or
of any tribe, nor any powers, jurisdiction, or
prerogatives of any international body created by
treaty with authority relating to the Great Lakes; or
(2) to affect any other Federal or State authority
that is being used or may be used to facilitate the
cleanup and protection of the Great Lakes.
(h) Authorizations of Great Lakes Appropriations.--There are
authorized to be appropriated to the Administrator to carry out
this section not to exceed--
(1) $11,000,000 per fiscal year for the fiscal years
1987, 1988, 1989, and 1990, and $25,000,000 for fiscal
year 1991;
(2) such sums as are necessary for each of fiscal
years 1992 through 2003; and
(3) $25,000,000 for each of fiscal years 2004 through
2008.