[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]