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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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