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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.