[Senate Report 114-211]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 372
114th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      114-211

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



 
             GREAT LAKES RESTORATION INITIATIVE ACT OF 2015

                                _______
                                

               February 24, 2016.--Ordered to be printed

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                         [To accompany S. 1024]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 1024) to authorize the Great Lakes 
Restoration Initiative, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.

                    General Statement and Background

    The Great Lakes ecosystem is the largest system of fresh 
surface water in the world. A recent Government Accountability 
Office (GAO) report stated the Great Lakes watershed covers 
approximately 300,000 square miles encompassing Michigan and 
parts of Illinois, Indiana, Minnesota, New York, Ohio, 
Pennsylvania, Wisconsin, and the Canadian province of Ontario.
    The Great Lakes contains around 90 percent of the surface 
fresh water of the United States and 20 percent of the surface 
fresh water of the world. Further, nearly 7 percent of U.S. 
agricultural production comes from the Great Lakes Basin. An 
estimated 40 million people depend on the Great Lakes ecosystem 
for drinking water and jobs, as well as recreational 
activities.
    There are a number of federal programs that support 
restoration of the Great Lakes. However, lack of coordination 
reduced the efficiency and effectiveness of these efforts. In 
2004, a Great Lakes Interagency Task Force was created to help 
address this issue. In 2010, the Great Lakes Restoration 
Initiative was launched using the appropriations process to 
further enhance interagency coordination. Under this 
initiative, appropriations are made to the Environmental 
Protection Agency, which may then transfer a portion of those 
funds to other agencies, including the U.S. Army Corps of 
Engineers, U.S. Fish and Wildlife Service, National Oceanic and 
Atmospheric Administration, and Natural Resources Conservation 
Service, among others, to carry out projects and programs under 
their own authorities. EPA uses the portion of the annual GLRI 
appropriation that it retains to carry out projects and 
programs under its own authorities.
    Since 2010, federal funds have been appropriated in this 
coordinated fashion to support Great Lakes restoration programs 
and projects, including $300 million in each of fiscal years 
2015 and 2016. To ensure this coordination continues, S. 1024 
authorizes the Great Lakes Restoration Initiative at a level 
funding level of $300 million a year for fiscal years 2017 
through 2021.

                     Objectives of the Legislation

    The goal of the S. 1024 is to provide funding for programs 
and projects for Great Lakes protection and restoration.

                      Section-by-Section Analysis


Section 1. Short title

    This section designates the bill as the ``Great Lakes 
Restoration Initiative Act of 2016''.

Section 2. Great Lakes Restoration Initiative

    This section amends section 118(c) of the Federal Water 
Pollution Control Act (33 U.S.C. 1268(c)) by striking paragraph 
(7) and replacing it with new paragraph (7).
    Subparagraph (A) would establish, within the Environmental 
Protection Agency (EPA), the Great Lakes Restoration Initiative 
``Initiative'') to carry out programs and projects for Great 
Lakes protection and restoration.
    Subparagraph (B) directs the Initiative to prioritize 
programs and projects to address priority areas, such as (1) 
the remediation of toxic substances and areas of concern; (2) 
the prevention and control of invasive species and their 
impacts; (3) the protection and restoration of near-shore 
health and the prevention and mitigation of nonpoint source 
pollution; (4) habitat and wildlife protection and restoration; 
and (5) accountability, monitoring, evaluation, communication, 
and partnerships.
    Subparagraph (C) directs federal agencies to collaborate to 
select programs and projects for funding, and specifies 
selection considerations.
    Subparagraph (D)(i) authorizes, subject to subparagraph 
(G)(ii), the use of funds for Federal projects and carried out 
by Federal agencies in coordination with state, tribal, and 
municipal governments, institutions of higher education, and 
other organizations. Subparagraph (D)(ii) authorizes the 
transfer of funds to other Federal agencies to carry out 
activities to support the Initiative and the Great Lakes Water 
Quality Agreement, and authorizes grants to governmental 
entities, nonprofit organizations, institutions, and 
individuals for planning, research, monitoring, outreach, and 
implementation of projects in furtherance of the Initiative and 
the Great Lakes Water Quality Agreement. The committee notes 
that the authorities to transfer funds, enter into interagency 
agreements, and make grants for implementation projects in 
subparagraph (D)(ii) is the same authority that has been 
provided to EPA in annual appropriations bills. Accordingly, 
each of these authorities would not be considered a newly 
created, expanded or amended authority under subparagraph 
(G)(ii).
    Subparagraph (E) specifies that projects are to be on 
multiple levels, and limits use of funds for projects, other 
than green infrastructure projects, that receive funding from a 
Clean Water or Safe Drinking Water revolving loan fund.
    Subparagraph (F) requires federal agencies to maintain the 
base level of funding for the Great Lakes activities.
    Subparagraph (G)(ii) clarifies that new paragraph (7) does 
not create, expand, or amend the authority of the Administrator 
to implement programs or projects under section 118 of the 
Clean Water Act, the Initiative Action Plan, or the Great Lakes 
Water Quality Agreement. Further, paragraph 7 does not provide 
any new regulatory authority.

                          Legislative History

    Senators Kirk and Portman introduced S. 1024 on April 21, 
2015. The bill was referred to the Committee on Environment and 
Public Works.
    Section 426 of Division G of the Consolidated 
Appropriations Act, 2016, P.L. 114-113, amended paragraph (7) 
of section 118 of the Clean Water Act to authorize the GLRI for 
one year.
    On January 20, 2016, the Committee reported S. 1024 
favorably with an amendment in the nature of a substitute. Upon 
enactment, the amendments made by S. 1024 will replace the 
amendments made in the Omnibus appropriations bill.

                                Hearings

    The Committee did not hold a hearing on S. 1024.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 1024 on January 20, 2016. The bill was ordered 
favorably reported by voice vote. No rollcall votes were taken.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee finds that S. 1024 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the Committee notes that the Congressional 
Budget Office found that S. 1024 contains no intergovernmental 
or private-sector mandates as defined in the Unfunded Mandates 
Reform Act (UMRA), and would impose no costs on state, local, 
or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 10, 2016.
Hon. Jim Inhofe,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1024, the Great 
Lakes Restoration Initiative Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 1024--Great Lakes Restoration Initiative Act of 2016

    Summary: S. 1024 would authorize the appropriation of $1.5 
billion over the 2017-2021 period for the Environmental 
Protection Agency (EPA) to support the Great Lakes Restoration 
Initiative, a program that funds projects targeting invasive 
aquatic species and nonpoint source pollution. The program 
received an appropriation of $300 million for fiscal year 2016.
    CBO estimates that implementing S. 1024 would cost $1.35 
billion over the next five years, assuming appropriation of the 
authorized amounts.
    Enacting S. 1024 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 1024 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    S. 1024 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal government: The estimated 
budgetary impact of S. 1024 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                            By fiscal year, in millions of dollars--
                                               -----------------------------------------------------------------
                                                   2017       2018       2019       2020       2021    2017-2021
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Level...........................        300        300        300        300        300      1,500
Estimated Outlays.............................        195        255        300        300        300      1,350
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
1024 will be enacted near the end of fiscal year 2016, that the 
specified amounts will be appropriated in each year starting in 
2017, and that outlays will follow historical spending patterns 
for the program.
    Pay-As-You-Go considerations: None.
    Increase in long-term deficit and direct spending: CBO 
estimates that enacting S. 1024 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    Intergovernmental and private-sector impact: S. 1024 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would benefit state, local, and tribal 
governments, as well as public institutions of higher 
education, by authorizing grants for environmental projects. 
Any costs incurred by those entities, including matching 
contributions, would be incurred voluntarily.
    Estimate prepared by: Federal costs: Jon Sperl; Impact on 
state, local, and tribal governments: Jon Sperl; Impact on the 
private sector: Amy Petz.
    Estimate approved by: Theresa A. Gullo, Assistant Director 
for Budget Analysis.

                            ADDITIONAL VIEWS

    We support the goal of S. 1024, the Great Lakes Restoration 
Initiative Act of 2015, which is to reauthorize Great Lakes 
Restoration Initiative (GLRI). However, we regret that this 
legislation locks in an authorized funding level that does not 
allow for any growth or acceleration of projects to protect the 
environmental quality of the Great Lakes region. The funding 
levels in S. 1024 are significantly below levels appropriated 
by the Congress in the recent past.
    The Great Lakes account for 90 percent of the United States 
and 20 percent of the world's surface freshwater. However, the 
Great Lakes continue to face threats ranging from Asian carp 
and other invasive species to harmful algal blooms that 
threaten clean drinking water sources for 30 million Americans 
and harm the tourism and recreational industries that are 
critical to the region's economy.
    Funding provided by the GLRI has allowed the Environmental 
Protection Agency to work in coordination with other Federal 
agencies and fund more than 2,500 projects that improve water 
quality, prevent invasive species, and restore important 
habitats and native species.
    It is estimated that restoring the Great Lakes will result 
in $80-$100 billion in economic benefits across the Great Lakes 
region. Providing a more robust federal investment in the GLRI 
would allow more projects to be completed faster to fully 
address the 24 areas of concern that exist across 5 states, 
including New York, Ohio, Michigan, Indiana and Wisconsin.
    According to the EPA, it may take decades to resolve the 
environmental problems and associated human health risks across 
the Great Lakes. Recent events in Flint, Michigan have 
demonstrated the importance of cleaning up degraded 
waterbodies, which serve as drinking water sources for 
millions. Increasing our federal investment in the GLRI is 
necessary to ensure that communities across the Great Lakes 
region have access to clean water, a healthy environment, and 
the potential for economic growth and revitalization.

                                   Barbara Boxer.
                                   Kirsten Gillibrand.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, 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, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


Federal Water Pollution Control Act

           *       *       *       *       *       *       *


  Sec. 101. (a) The objective of this Act is to restore and 
maintain the chemical, physical, and biological integrity of 
the Nation's waters. In order to achieve this objective it is 
hereby declared that, consistent with the provisions of this 
Act--
          (1)* * *

           *       *       *       *       *       *       *


SEC. 118. GREAT LAKES.

  (a) Findings, Purpose, and Definitions.--
          (1) Findings.--The Congress finds that--
                  (A)* * *

           *       *       *       *       *       *       *

  (c) Great Lakes Management.--
          (1) Functions.--The Program Office shall--
                  (A)* * *

           *       *       *       *       *       *       *

          [(7) Great lakes restoration initiative.--
                  [(A) Establishment.--There is established in 
                the Agency a Great Lakes Restoration Initiative 
                (referred to in this paragraph as the 
                ``Initiative'') to carry out programs and 
                projects for Great Lakes protection and 
                restoration.
                  [(B) Focus areas.--The Initiative shall 
                prioritize programs and projects carried out in 
                coordination with non-Federal partners and 
                programs and projects that address priority 
                areas each fiscal year, including--
                          [(i) the remediation of toxic 
                        substances and areas of concern;
                          [(ii) the prevention and control of 
                        invasive species and the impacts of 
                        invasive species;
                          [(iii) the protection and restoration 
                        of nearshore health and the prevention 
                        and mitigation of nonpoint source 
                        pollution;
                          [(iv) habitat and wildlife protection 
                        and restoration, including wetlands 
                        restoration and preservation; and
                          [(v) accountability, monitoring, 
                        evaluation, communication, and 
                        partnership activities.
                  [(C) Projects.--Under the Initiative, the 
                Agency shall collaborate with Federal partners, 
                including the Great Lakes Interagency Task 
                Force, to select the best combination of 
                programs and projects for Great Lakes 
                protection and restoration using appropriate 
                principles and criteria, including whether a 
                program or project provides--
                          [(i) the ability to achieve strategic 
                        and measurable environmental outcomes 
                        that implement the Great Lakes Action 
                        Plan and the Great Lakes Water Quality 
                        Agreement;
                          [(ii) the feasibility of--
                                  [(I) prompt implementation;
                                  [(II) timely achievement of 
                                results; and
                                  [(III) resource leveraging; 
                                and
                          [(iii) the opportunity to improve 
                        interagency and inter-organizational 
                        coordination and collaboration to 
                        reduce duplication and streamline 
                        efforts.
                  [(D) Implementation of projects.--
                          [(i) In general.--Subject to 
                        subparagraph (G)(ii), funds made 
                        available to carry out the Initiative 
                        shall be used to strategically 
                        implement--
                                  [(I) Federal projects; and
                                  [(II) projects carried out in 
                                coordination with States, 
                                Indian tribes, municipalities, 
                                institutions of higher 
                                education, and other 
                                organizations.
                          [(ii) Transfer of funds.--With 
                        amounts made available for the 
                        Initiative each fiscal year, the 
                        Administrator may--
                                  [(I) transfer not more than 
                                the total amount appropriated 
                                under subparagraph (G)(i) 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).
                  [(E) Scope.--
                          [(i) In general.--Projects shall be 
                        carried out under the Initiative on 
                        multiple levels, including--
                                  [(I) Great Lakes-wide; and
                                  [(II) Great Lakes basin-wide.
                          [(ii) Limitation.--No funds made 
                        available to carry out the Initiative 
                        may be used for any water 
                        infrastructure activity (other than a 
                        green infrastructure project that 
                        improves habitat and other ecosystem 
                        functions in the Great Lakes) for which 
                        amounts are made available from--
                                  [(I) a State water pollution 
                                control revolving fund 
                                established under title VI; or
                                  [(II) a State drinking water 
                                revolving loan fund established 
                                under section 1452 of the Safe 
                                Drinking Water Act (42 U.S.C. 
                                300j-12).
                  [(F) Activities by other federal agencies.--
                Each relevant Federal department or agency 
                shall, to the maximum extent practicable--
                          [(i) maintain the base level of 
                        funding for the Great Lakes activities 
                        of that department or agency without 
                        regard to funding under the Initiative; 
                        and
                          [(ii) identify new activities and 
                        projects to support the environmental 
                        goals of the Initiative.
                  [(G) Funding.--There are authorized to be 
                appropriated to carry out this paragraph for 
                fiscal year 2016, $300,000,000.]
          (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.--Each fiscal year under a 5-
                year Initiative Action Plan, the Initiative 
                shall prioritize programs and projects, carried 
                out in coordination with non-Federal partners, 
                that address priority areas, such as--
                          (i) the remediation of toxic 
                        substances and areas of concern;
                          (ii) the prevention and control of 
                        invasive species and the impacts of 
                        invasive species;
                          (iii) the protection and restoration 
                        of nearshore health and the prevention 
                        and mitigation of nonpoint source 
                        pollution;
                          (iv) habitat and wildlife protection 
                        and restoration, including wetlands 
                        restoration and preservation; and
                          (v) accountability, monitoring, 
                        evaluation, communication, and 
                        partnership activities.
                  (C) Projects.--Under the Initiative, the 
                Agency shall collaborate with Federal partners, 
                including the Great Lakes Interagency Task 
                Force, to select the best combination of 
                programs and projects for Great Lakes 
                protection and restoration using appropriate 
                principles and criteria, including whether a 
                program or project provides--
                          (i) the ability to achieve strategic 
                        and measurable environmental outcomes 
                        that implement the Great Lakes Action 
                        Plan and the Great Lakes Water Quality 
                        Agreement;
                          (ii) the feasibility of--
                                  (I) prompt implementation;
                                  (II) timely achievement of 
                                results; and
                                  (III) resource leveraging; 
                                and
                          (iii) the opportunity to improve 
                        interagency and inter-organizational 
                        coordination and collaboration to 
                        reduce duplication and streamline 
                        efforts.
                  (D) Implementation of projects.--
                          (i) In general.--Subject to 
                        subparagraph (G)(ii), funds made 
                        available to carry out the Initiative 
                        shall be used to strategically 
                        implement--
                                  (I) Federal projects; and
                                  (II) projects carried out in 
                                coordination with States, 
                                Indian tribes, municipalities, 
                                institutions of higher 
                                education, and other 
                                organizations.
                          (ii) Transfer of funds.--With amounts 
                        made available for the Initiative each 
                        fiscal year, the Administrator may--
                                  (I) transfer not more than 
                                $300,000,000 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;
                                  (II) enter into an 
                                interagency agreement with the 
                                head of any Federal department 
                                or agency to carry out 
                                activities described in 
                                subclause (I); and
                                  (III) make grants to 
                                governmental entities, 
                                nonprofit organizations, 
                                institutions, and individuals 
                                for planning, research, 
                                monitoring, outreach, and 
                                implementation of projects in 
                                furtherance of the Initiative 
                                and the Great Lakes Water 
                                Quality Agreement.
                  (E) Scope.--
                          (i) In general.--Projects shall be 
                        carried out under the Initiative on 
                        multiple levels, including--
                                  (I) Great Lakes-wide; and
                                  (II) Great Lakes basin-wide.
                          (ii) Limitation.--No funds made 
                        available to carry out the Initiative 
                        may be used for any water 
                        infrastructure activity (other than a 
                        green infrastructure project that 
                        improves habitat and other ecosystem 
                        functions in the Great Lakes) for which 
                        amounts are made available from--
                                  (I) a State water pollution 
                                control revolving fund 
                                established under title VI; or
                                  (II) a State drinking water 
                                revolving loan fund established 
                                under section 1452 of the Safe 
                                Drinking Water Act (42 U.S.C. 
                                300j-12).
                  (F) Activities by other federal agencies.--
                Each relevant Federal department or agency 
                shall, to the maximum extent practicable--
                          (i) maintain the base level of 
                        funding for the Great Lakes activities 
                        of that department or agency without 
                        regard to funding under the Initiative; 
                        and
                          (ii) identify new activities and 
                        projects to support the environmental 
                        goals of the Initiative and the Great 
                        Lakes Water Quality Agreement.
                  (G) Funding.--
                          (i) In general.--There is authorized 
                        to be appropriated to carry out this 
                        paragraph $300,000,000 for each of 
                        fiscal years 2017 through 2021.
                          (ii) Limitation.--Nothing in this 
                        paragraph creates, expands, or amends 
                        the authority of the Administrator to 
                        implement programs or projects under--
                                  (I) this section;
                                  (II) the Initiative Action 
                                Plan; or
                                  (III) the Great Lakes Water 
                                Quality Agreement.

                                 [all]