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116th Congress    }                                   {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                   {       116-287

======================================================================



 
             GREAT LAKES RESTORATION INITIATIVE ACT OF 2019

                                _______
                                

 November 13, 2019.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. DeFazio, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4031]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 4031) to amend the Federal Water 
Pollution Control Act to reauthorize the Great Lakes 
Restoration Initiative, and for other purposes, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Legislative History and Consideration............................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     5
Duplication of Federal Programs..................................     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     6

                         Purpose of Legislation

    The purpose of H.R. 4031 is to amend section 118 of the 
Federal Water Pollution Control Act (the Clean Water Act) to 
reauthorize the Great Lakes Restoration Initiative (GLRI) 
within the Environmental Protection Agency (EPA) for fiscal 
years 2022-2026.

                  Background and Need for Legislation

    The Great Lakes Basin is home to more than 30 million 
people in the United States and Canada. The Basin reaches seven 
states, plus the entirety of Michigan and a portion of Ontario, 
Canada. The Great Lakes are the largest freshwater system in 
the world, holding about 21 percent of the world's fresh water 
supply to provide drinking water as well as recreation and 
economic opportunity.
    Agriculture, industrialization, and development have all 
impacted the Great Lakes ecosystem. The Great Lakes are 
particularly vulnerable to contamination because outflow rates 
from most of the Lakes are very slow, retaining the same water 
for years, sometimes decades, and in the case of Lake Superior, 
a century. As a result, some pollutants that reach the Basin 
settle into the sediments at the bottom of the Lakes.
    Human activities have also significantly impacted the 
ecosystem by way of non-indigenous species and excessive 
nutrients. These threaten massive ecological and economic 
damage. One such event of excessive nutrient runoff caused a 
harmful algal bloom in 2014, which required the City of Toledo, 
Ohio, to implement a drinking water ban that affected 500,000 
people. While efforts have been made to address these problems, 
there remain serious concerns in numerous areas.
    In response to the exacerbation of issues in the Basin, in 
2010, Congress amended existing authorities under section 118 
of the Clean Water Act to establish a coordinated Federal 
effort--the Great Lakes Restoration Initiative (GLRI)--to 
provide resources toward meeting the long-term goals for the 
Great Lakes ecosystem. The GLRI is overseen by the Great Lakes 
Interagency Task Force--established by Executive Order 13340 
(69 Fed. Reg. 29043) and chaired by the Administrator of EPA. 
Agencies involved in the Task Force use agency funds or EPA 
funds to carry out projects or otherwise award grants or 
contracts to state, local, or tribal government entities, 
nongovernmental organizations, academic institutions, or other 
entities.
    The GLRI Action Plan for the past five years has been 
focused on making improvements in: toxic substances; invasive 
species, nearshore health and nonpoint source pollution; 
habitat and wildlife protection and restoration; and 
accountability, monitoring, evaluation, public involvement, and 
partnerships. Each focus area has specific objectives, 
commitments, and measures of progress. These include long-term 
strategies for restoration and future prevention, but 
environmental and public health issues continue to persist in 
the Great Lakes Basin today.
    In 2016, Congress reauthorized section 118 of the Clean 
Water Act through fiscal year 2021 (P.L. 114-322). Section 118 
was most recently authorized at $300 million per year. 
Federally authorized funding for this program expires at the 
end of fiscal year 2021.

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearing was used to develop or 
consider H.R. 4031:
    On June 25, 2019, the Subcommittee on Water Resources and 
Environment held a hearing, entitled ``Protecting and Restoring 
America's Iconic Waters.'' The Subcommittee received testimony 
from: Preston D. Cole, Secretary, Wisconsin Department of 
Natural Resources; Dave Pine, Supervisor, District 1, San Mateo 
County Board of Supervisors, Chair of the San Francisco Bay 
Restoration Authority Governing Board; Laura Blackmore, 
Executive Director, Puget Sound Partnership; William C. Baker, 
President, Chesapeake Bay Foundation; Kristi Trail, Executive 
Director, Lake Pontchartrain Basin Foundation; and Tom Ford, 
Director, Santa Monica Bay National Estuary Program, The Bay 
Foundation. Topics discussed included the importance of 
renewing the Federal commitment to restore and maintain the 
ecological health and water quality of the Great Lakes through 
reauthorization of Federal appropriations for the Great Lakes 
Restoration Initiative.

                 Legislative History and Consideration

    H.R. 4031 was introduced in the House on July 25, 2019, by 
Mr. Joyce of Ohio and 39 original cosponsors and referred to 
the Committee on Transportation and Infrastructure. Within the 
Committee, H.R. 4031 was referred to the Subcommittee on Water 
Resources and Environment.
    The Chair discharged the Subcommittee on Water Resources 
and Environment from further consideration of H.R. 4031 on 
September 19, 2019.
    The Committee met in open session to consider H.R. 4031 on 
September 19, 2019 and ordered the measure to be reported to 
the House with a favorable recommendation, without amendment, 
by voice vote, a quorum being present.

                            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 recorded votes taken in connection with 
consideration of H.R. 4031.

                      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. 4031 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 2, 2019.
Hon. Peter A. DeFazio,
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. 4031, the Great 
Lakes Restoration Initiative Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Stephen 
Rabent.
            Sincerely,
                                             Mark P. Hadley
                                 (For Phillip L. Swagel, Director).
    Enclosure.

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 4031 would authorize appropriations totaling $2,125 
billion over the 2022-2026 period for the Great Lakes 
Restoration Initiative. That initiative, led by the 
Environmental Protection Agency, provides funding to state, 
local, and tribal governments, institutions of higher learning, 
and nonprofit organizations to support programs and projects to 
protect and restore the Great Lakes. Currently, $300 million is 
authorized to be appropriated for the program in 2020 and 2021 
and the Congress appropriated $300 million in 2019 for that 
purpose.
    Assuming appropriation of the specified amounts and based 
on historical spending patterns, CBO estimates that 
implementing the bill would cost $973 million over the 2022-
2024 period). The cost of the legislation, detailed in Table 1, 
falls within budget function 300 (natural resources and 
environment).

                                                   TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 4031
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         By fiscal year, millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2020   2021   2022   2023   2024   2025   2026   2027   2028   2029  2020-2024  2020-2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Increases in Spending Subject to Appropriation
 
Estimated Budget Authority..................................      0      0    375    400    425    450    475      0      0      0     1,200      2,125
Estimated Outlays...........................................      0      0    244    335    394    436    461    161     70     24       973      2,125
--------------------------------------------------------------------------------------------------------------------------------------------------------

    CBO staff contact for this estimate is Stephen Rabent. The 
estimate was reviewed 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 
provide the reauthorization of Federal appropriations for EPA's 
Great Lakes Restoration Initiative for fiscal years 2022-2026.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 4031 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.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       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 finds that H.R. 4031 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 were created by this 
legislation.

                  Applicability to 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


Sec. 1. Short title

    This section provides that this bill be cited as the 
``Great Lakes Restoration Initiative Act of 2019''.

Sec. 2. Great Lakes Restoration Initiative reauthorization

    This section authorizes a total of $2.125 billion in 
Federal appropriations for the program over the period of 2022-
2026. Annually, this includes $375 million for fiscal year 
2022; $400 million for fiscal year 2023; $425 million for 
fiscal year 2024; $450 million for fiscal year 2025; and $475 
million for fiscal year 2026.

         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):

                  FEDERAL WATER POLLUTION CONTROL ACT




           *       *       *       *       *       *       *
TITLE I--RESEARCH AND RELATED PROGRAMS

           *       *       *       *       *       *       *



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.--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 No. 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 
                                interorganizational 
                                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 (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 (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 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 Committee on 
                        Transportation and Infrastructure of 
                        the House of Representatives and the 
                        Committee on Environment and Public 
                        Works of the Senate 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, multiyear 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] are authorized to be 
                        appropriated to carry out [this 
                        paragraph $300,000,000] this 
                        paragraph--
                                  (I) $300,000,000  for each of 
                                fiscal years 2017 through 
                                2021[.];
                                  (II) $375,000,000 for fiscal 
                                year 2022;
                                  (III) $400,000,000 for fiscal 
                                year 2023;
                                  (IV) $425,000,000 for fiscal 
                                year 2024;
                                  (V) $450,000,000 for fiscal 
                                year 2025; and
                                  (VI) $475,000,000 for fiscal 
                                year 2026.
                          (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.

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