[House Report 116-36] [From the U.S. Government Publishing Office] 116th Congress } { Report HOUSE OF REPRESENTATIVES 1st Session } { 116-36 ====================================================================== LOCAL WATER PROTECTION ACT _______ April 8, 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. 1331] [Including cost estimate of the Congressional Budget Office] The Committee on Transportation and Infrastructure, to whom was referred the bill (H.R. 1331) to amend the Federal Water Pollution Control Act to reauthorize certain programs relating to nonpoint source management, 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......................................................... 2 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. 1331 is to amend the Federal Water Pollution Control Act, commonly known as the Clean Water Act, to reauthorize Federal appropriations for the nonpoint source management grants program, administered by the U.S. Environmental Protection Agency (EPA). Background and Need for Legislation H.R. 1331, introduced by Ms. Craig and Mr. Mast, is bipartisan legislation to reauthorize federal appropriations for the nonpoint source management grants program under section 319 of the Clean Water Act, administered by the EPA. Nonpoint source water pollution, unlike pollution from industrial and sewage treatment plants, comes from many diffuse sources, including runoff from farms, managed forests, and urban areas. This runoff can carry pollutants, such as fertilizers and sediment, toxins from abandoned mines, and oils and heavy metals from roads, into lakes, rivers, and other bodies of water. The Clean Water Act was enacted in 1972 to restore and maintain the chemical, physical, and biological integrity of the nation's waters. In 1987, the Clean Water Act was amended (Pub. L. 100-4) to add section 319 to create a non-regulatory program through which the EPA administers annual grants to help states develop and implement their own programs for managing nonpoint sources of water pollution. Under the EPA's section 319 program, states retain the primary role for addressing nonpoint source water pollution, which they do largely through voluntary means and financial incentives. However, according to a Governmental Accountability Office report (GAO-16-697R), the extent of available incentives has declined in recent years, as grants to states under the section 319 program have declined by more than 30 percent, from about $240 million annually in fiscal year 2004 to about $160 million in fiscal year 2014. The section 319 program was initially authorized at $70 million annually in fiscal year 1988, and its authorization level steadily increased to $130 million in fiscal year 1991-- the last year of authorization for this program. Since that time, the section 319 program has been authorized through the annual appropriations bill for the EPA. In fiscal year 2019, the section 319 program received a federal appropriation of $170.9 million (Pub. L. 116-6). H.R. 1331 authorizes $200 million annually for the section 319 program through 2024. Hearings Pursuant to section 103(i) of H. Res. 6, 116th Cong. (2019), the Subcommittee on Water Resources and Environment held the following hearing to develop or consider subjects related to matters contained in H.R. 1331. On March 7, 2019, the Subcommittee held a hearing entitled ``The Clean Water State Revolving Fund: How Federal Infrastructure Investment Can Help Communities Modernize Water Infrastructure and Address Affordability Challenges'' that, among other things, highlighted the importance of the EPA's section 319 program in addressing nonpoint sources of pollution from both urban and agricultural sources. Legislative History and Consideration On February 25, 2019, Ms. Craig and Mr. Mast introduced H.R. 1331. The bill was referred to the Committee on Transportation and Infrastructure, and within the Committee, H.R. 1331 was referred to the Subcommittee on Water Resources and Environment. On March 27, 2019, the Subcommittee on Water Resources and Environment was discharged from further consideration of H.R. 1331. The Committee met on March 27, 2019, to consider H.R. 1331, and ordered the bill, without amendment, reported favorably to the House by voice vote, with a quorum 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. 1331. 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. The Subcommittee on Water Resources and Environment requested two recent studies by the U.S. Government Accountability Office (GAO) related to implementation of the EPA's section 319 program. In the first study, requested by former Subcommittee Ranking Member, Tim Bishop (D-NY), entitled ``Nonpoint Source Water Pollution: Greater Oversight and Additional Data Needed for Key EPA Water Program'' (GAO-12- 335), GAO recommended, among other things, that the EPA provide 319 specific guidance to its regional offices on how they are to fulfill their oversight responsibilities, and that the U.S. Department of Agriculture analyze data to determine if measures were taken to mitigate water quality impacts in section 319 program areas. In the second report, requested by former Subcommittee Chairman, Bob Gibbs (R-OH), entitled ``Environmental Protection Agency: Status of Efforts to Address Nonpoint Source Water Pollution through the Section 319 Program'' (GAO-16-697R), GAO re-examined EPA's implementation of the 319 program, in light of its recommendations in its 2012 report. The GAO concluded that it was ``encouraged that EPA has taken, and continues to take, actions to reform the section 319 program, but we continue to believe that the agency should fully implement our recommendations [contained in the 2012 GAO 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. 1331 from the Director of the Congressional Budget Office: U.S. Congress, Congressional Budget Office, Washington, DC, April 5, 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. 1331, the Federal Water Pollution Control Act. If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Stephen Rabent. Sincerely, Keith Hall, Director. Enclosure. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Under current law, states are required to submit reports to the Environmental Protection Agency (EPA) regarding nonpoint sources of pollution that affect navigable water within the state. They also must submit plans to EPA to manage that pollution and improve the quality of navigable water. EPA provides grants to assist states in implementing programs to manage nonpoint source pollution and in carrying out other activities to protect groundwater quality. In 2018, $167 million was appropriated for those purposes. H.R. 1331 would authorize the appropriation of $200 million each year over the 2020-2024 period for those grant programs. Assuming appropriation of the specified amounts, CBO estimates that implementing the bill would cost $810 million over the 2020-2024 period and $190 million after 2024 (see Table 1). The costs of the legislation fall in budget function 300 (natural resources and environment). TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1331 ---------------------------------------------------------------------------------------------------------------- By fiscal year, millions of dollars-- ------------------------------------------------------- 2019- 2019 2020 2021 2022 2023 2024 2024 ---------------------------------------------------------------------------------------------------------------- Authorization........................................... 0 200 200 200 200 200 1,000 Estimated Outlays....................................... 0 30 180 200 200 200 810 ---------------------------------------------------------------------------------------------------------------- The 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 H.R. 1331 is to assist States and communities in funding State, regional, and local efforts to address nonpoint sources of water pollution. 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. 1331 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 (Pub. L. 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. 1331 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 (Pub. L. 104- 1). Section-by-Section Analysis of the Legislation Sec. 1. Short title This section provides that this bill may be cited as the ``Local Water Protection Act.'' Sec. 2. Nonpoint source management programs This section authorizes $200 million annually in federal appropriations for the Clean Water Act section 319 program through 2024. 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): 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 III--STANDARDS AND ENFORCEMENT * * * * * * * SEC. 319. NONPOINT SOURCE MANAGEMENT PROGRAMS. (a) State Assessment Reports.-- (1) Contents.--The Governor of each State shall, after notice and opportunity for public comment, prepare and submit to the Administrator for approval, a report which-- (A) identifies those navigable waters within the State which, without additional action to control nonpoint sources of pollution, cannot reasonably be expected to attain or maintain applicable water quality standards or the goals and requirements of this Act; (B) identifies those categories and subcategories of nonpoint sources or, where appropriate, particular nonpoint sources which add significant pollution to each portion of the navigable waters identified under subparagraph (A) in amounts which contribute to such portion not meeting such water quality standards or such goals and requirements; (C) describes the process, including intergovernmental coordination and public participation, for identifying best management practices and measures to control each category and subcategory of nonpoint sources and, where appropriate, particular nonpoint sources identified under subparagraph (B) and to reduce, to the maximum extent practicable, the level of pollution resulting from such category, subcategory, or source; and (D) identifies and describes State and local programs for controlling pollution added from nonpoint sources to, and improving the quality of, each such portion of the navigable waters, including but not limited to those programs which are receiving Federal assistance under subsections (h) and (i). (2) Information used in preparation.--In developing the report required by this section, the State (A) may rely upon information developed pursuant to sections 208, 303(e), 304(f), 305(b), and 314, and other information as appropriate, and (B) may utilize appropriate elements of the waste treatment management plans developed pursuant to sections 208(b) and 303, to the extent such elements are consistent with and fulfill the requirements of this section. (b) State Management Programs.-- (1) In general.--The Governor of each State, for that State or in combination with adjacent States, shall, after notice and opportunity for public comment, prepare and submit to the Administrator for approval a management program which such State proposes to implement in the first four fiscal years beginning after the date of submission of such management program for controlling pollution added from nonpoint sources to the navigable waters within the State and improving the quality of such waters. (2) Specific contents.--Each management program proposed for implementation under this subsection shall include each of the following: (A) An identification of the best management practices and measures which will be undertaken to reduce pollutant loadings resulting from each category, subcategory, or particular nonpoint source designated under paragraph (1)(B), taking into account the impact of the practice on ground water quality. (B) An identification of programs (including, as appropriate, nonregulatory or regulatory programs for enforcement, technical assistance, financial assistance, education, training, technology transfer, and demonstration projects) to achieve implementation of the best management practices by the categories, subcategories, and particular nonpoint sources designated under subparagraph (A). (C) A schedule containing annual milestones for (i) utilization of the program implementation methods identified in subparagraph (B), and (ii) implementation of the best management practices identified in subparagraph (A) by the categories, subcategories, or particular nonpoint sources designated under paragraph (1)(B). Such schedule shall provide for utilization of the best management practices at the earliest practicable date. (D) A certification of the attorney general of the State or States (or the chief attorney of any State water pollution control agency which has independent legal counsel) that the laws of the State or States, as the case may be, provide adequate authority to implement such management program or, if there is not such adequate authority, a list of such additional authorities as will be necessary to implement such management program. A schedule and commitment by the State or States to seek such additional authorities as expeditiously as practicable. (E) Sources of Federal and other assistance and funding (other than assistance provided under subsections (h) and (i)) which will be available in each of such fiscal years for supporting implementation of such practices and measures and the purposes for which such assistance will be used in each of such fiscal years. (F) An identification of Federal financial assistance programs and Federal development projects for which the State will review individual assistance applications or development projects for their effect on water quality pursuant to the procedures set forth in Executive Order 12372 as in effect on September 17, 1983, to determine whether such assistance applications or development projects would be consistent with the program prepared under this subsection; for the purposes of this subparagraph, identification shall not be limited to the assistance programs or development projects subject to Executive Order 12372 but may include any programs listed in the most recent Catalog of Federal Domestic Assistance which may have an effect on the purposes and objectives of the State's nonpoint source pollution management program. (3) Utilization of local and private experts.--In developing and implementing a management program under this subsection, a State shall, to the maximum extent practicable, involve local public and private agencies and organizations which have expertise in control of nonpoint sources of pollution. (4) Development on watershed basis.--A State shall, to the maximum extent practicable, develop and implement a management program under this subsection on a watershed-by-watershed basis within such State. (c) Administrative Provisions.-- (1) Cooperation requirement.--Any report required by subsection (a) and any management program and report required by subsection (b) shall be developed in cooperation with local, substate regional, and interstate entities which are actively planning for the implementation of nonpoint source pollution controls and have either been certified by the Administrator in accordance with section 208, have worked jointly with the State on water quality management planning under section 205(j), or have been designated by the State legislative body or Governor as water quality management planning agencies for their geographic areas. (2) Time period for submission of reports and management programs.--Each report and management program shall be submitted to the Administrator during the 18-month period beginning on the date of the enactment of this section. (d) Approval or Disapproval of Reports and Management Programs.-- (1) Deadline.--Subject to paragraph (2), not later than 180 days after the date of submission to the Administrator of any report or management program under this section (other than subsections (h), (i), and (k)), the Administrator shall either approve or disapprove such report or management program, as the case may be. The Administrator may approve a portion of a management program under this subsection. If the Administrator does not disapprove a report, management program, or portion of a management program in such 180-day period, such report, management program, or portion shall be deemed approved for purposes of this section. (2) Procedure for disapproval.--If, after notice and opportunity for public comment and consultation with appropriate Federal and State agencies and other interested persons, the Administrator determines that-- (A) the proposed management program or any portion thereof does not meet the requirements of subsection (b)(2) of this section or is not likely to satisfy, in whole or in part, the goals and requirements of this Act; (B) adequate authority does not exist, or adequate resources are not available, to implement such program or portion; (C) the schedule for implementing such program or portion is not sufficiently expeditious; or (D) the practices and measures proposed in such program or portion are not adequate to reduce the level of pollution in navigable waters in the State resulting from nonpoint sources and to improve the quality of navigable waters in the State; the Administrator shall within 6 months of the receipt of the proposed program notify the State of any revisions or modifications necessary to obtain approval. The State shall thereupon have an additional 3 months to submit its revised management program and the Administrator shall approve or disapprove such revised program within three months of receipt. (3) Failure of state to submit report.--If a Governor of a State does not submit the report required by subsection (a) within the period specified by subsection (c)(2), the Administrator shall, within 30 months after the date of the enactment of this section, prepare a report for such State which makes the identifications required by paragraphs (1)(A) and (1)(B) of subsection (a). Upon completion of the requirement of the preceding sentence and after notice and opportunity for comment, the Administrator shall report to Congress on his actions pursuant to this section. (e) Local Management Programs; Technical Assistance.--If a State fails to submit a management program under subsection (b) or the Administrator does not approve such a management program, a local public agency or organization which has expertise in, and authority to, control water pollution resulting from nonpoint sources in any area of such State which the Administrator determines is of sufficient geographic size may, with approval of such State, request the Administrator to provide, and the Administrator shall provide, technical assistance to such agency or organization in developing for such area a management program which is described in subsection (b) and can be approved pursuant to subsection (d). After development of such management program, such agency or organization shall submit such management program to the Administrator for approval. If the Administrator approves such management program, such agency or organization shall be eligible to receive financial assistance under subsection (h) for implementation of such management program as if such agency or organization were a State for which a report submitted under subsection (a) and a management program submitted under subsection (b) were approved under this section. Such financial assistance shall be subject to the same terms and conditions as assistance provided to a State under subsection (h). (f) Technical Assistance for State.--Upon request of a State, the Administrator may provide technical assistance to such State in developing a management program approved under subsection (b) for those portions of the navigable waters requested by such State. (g) Interstate Management Conference.-- (1) Convening of conference; notification; purpose.-- If any portion of the navigable waters in any State which is implementing a management program approved under this section is not meeting applicable water quality standards or the goals and requirements of this Act as a result, in whole or in part, of pollution from nonpoint sources in another State, such State may petition the Administrator to convene, and the Administrator shall convene, a management conference of all States which contribute significant pollution resulting from nonpoint sources to such portion. If, on the basis of information available, the Administrator determines that a State is not meeting applicable water quality standards or the goals and requirements of this Act as a result, in whole or in part, of significant pollution from nonpoint sources in another State, the Administrator shall notify such States. The Administrator may convene a management conference under this paragraph not later than 180 days after giving such notification, whether or not the State which is not meeting such standards requests such conference. The purpose of such conference shall be to develop an agreement among such States to reduce the level of pollution in such portion resulting from nonpoint sources and to improve the water quality of such portion. Nothing in such agreement shall supersede or abrogate rights to quantities of water which have been established by interstate water compacts, Supreme Court decrees, or State water laws. This subsection shall not apply to any pollution which is subject to the Colorado River Basin Salinity Control Act. The requirement that the Administrator convene a management conference shall not be subject to the provisions of section 505 of this Act. (2) State management program requirement.--To the extent that the States reach agreement through such conference, the management programs of the States which are parties to such agreements and which contribute significant pollution to the navigable waters or portions thereof not meeting applicable water quality standards or goals and requirements of this Act will be revised to reflect such agreement. Such management programs shall be consistent with Federal and State law. (h) Grant Program.-- (1) Grants for implementation of management programs.--Upon application of a State for which a report submitted under subsection (a) and a management program submitted under subsection (b) is approved under this section, the Administrator shall make grants, subject to such terms and conditions as the Administrator considers appropriate, under this subsection to such State for the purpose of assisting the State in implementing such management program. Funds reserved pursuant to section 205(j)(5) of this Act may be used to develop and implement such management program. (2) Applications.--An application for a grant under this subsection in any fiscal year shall be in such form and shall contain such other information as the Administrator may require, including an identification and description of the best management practices and measures which the State proposes to assist, encourage, or require in such year with the Federal assistance to be provided under the grant. (3) Federal share.--The Federal share of the cost of each management program implemented with Federal assistance under this subsection in any fiscal year shall not exceed 60 percent of the cost incurred by the State in implementing such management program and shall be made on condition that the non-Federal share is provided from non-Federal sources. (4) Limitation on grant amounts.--Notwithstanding any other provision of this subsection, not more than 15 percent of the amount appropriated to carry out this subsection may be used to make grants to any one State, including any grants to any local public agency or organization with authority to control pollution from nonpoint sources in any area of such State. (5) Priority for effective mechanisms.--For each fiscal year beginning after September 30, 1987, the Administrator may give priority in making grants under this subsection, and shall give consideration in determining the Federal share of any such grant, to States which have implemented or are proposing to implement management programs which will-- (A) control particularly difficult or serious nonpoint source pollution problems, including, but not limited to, problems resulting from mining activities; (B) implement innovative methods or practices for controlling nonpoint sources of pollution, including regulatory programs where the Administrator deems appropriate; (C) control interstate nonpoint source pollution problems; or (D) carry out ground water quality protection activities which the Administrator determines are part of a comprehensive nonpoint source pollution control program, including research, planning, ground water assessments, demonstration programs, enforcement, technical assistance, education, and training to protect ground water quality from nonpoint sources of pollution. (6) Availability for obligation.--The funds granted to each State pursuant to this subsection in a fiscal year shall remain available for obligation by such State for the fiscal year for which appropriated. The amount of any such funds not obligated by the end of such fiscal year shall be available to the Administrator for granting to other States under this subsection in the next fiscal year. (7) Limitation on use of funds.--States may use funds from grants made pursuant to this section for financial assistance to persons only to the extent that such assistance is related to the costs of demonstration projects. (8) Satisfactory progress.--No grant may be made under this subsection in any fiscal year to a State which in the preceding fiscal year received a grant under this subsection unless the Administrator determines that such State made satisfactory progress in such preceding fiscal year in meeting the schedule specified by such State under subsection (b)(2). (9) Maintenance of effort.--No grant may be made to a State under this subsection in any fiscal year unless such State enters into such agreements with the Administrator as the Administrator may require to ensure that such State will maintain its aggregate expenditures from all other sources for programs for controlling pollution added to the navigable waters in such State from nonpoint sources and improving the quality of such waters at or above the average level of such expenditures in its two fiscal years preceding the date of enactment of this subsection. (10) Request for information.--The Administrator may request such information, data, and reports as he considers necessary to make the determination of continuing eligibility for grants under this section. (11) Reporting and other requirements.--Each State shall report to the Administrator on an annual basis concerning (A) its progress in meeting the schedule of milestones submitted pursuant to subsection (b)(2)(C) of this section, and (B) to the extent that appropriate information is available, reductions in nonpoint source pollutant loading and improvements in water quality for those navigable waters or watersheds within the State which were identified pursuant to subsection (a)(1)(A) of this section resulting from implementation of the management program. (12) Limitation on administrative costs.--For purposes of this subsection, administrative costs in the form of salaries, overhead, or indirect costs for services provided and charged against activities and programs carried out with a grant under this subsection shall not exceed in any fiscal year 10 percent of the amount of the grant in such year, except that costs of implementing enforcement and regulatory activities, education, training, technical assistance, demonstration projects, and technology transfer programs shall not be subject to this limitation. (i) Grants for Protecting Groundwater Quality.-- (1) Eligible applicants and activities.--Upon application of a State for which a report submitted under subsection (a) and a plan submitted under subsection (b) is approved under this section, the Administrator shall make grants under this subsection to such State for the purpose of assisting such State in carrying out groundwater quality protection activities which the Administrator determines will advance the State toward implementation of a comprehensive nonpoint source pollution control program. Such activities shall include, but not be limited to, research, planning, groundwater assessments, demonstration programs, enforcement, technical assistance, education and training to protect the quality of groundwater and to prevent contamination of groundwater from nonpoint sources of pollution. (2) Applications.--An application for a grant under this subsection shall be in such form and shall contain such information as the Administrator may require. (3) Federal share; maximum amount.--The Federal share of the cost of assisting a State in carrying out groundwater protection activities in any fiscal year under this subsection shall be 50 percent of the costs incurred by the State in carrying out such activities, except that the maximum amount of Federal assistance which any State may receive under this subsection in any fiscal year shall not exceed $150,000. (4) Report.--The Administrator shall include in each report transmitted under subsection (m) a report on the activities and programs implemented under this subsection during the preceding fiscal year. (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out [subsections (h) and (i) not to exceed $70,000,000 for fiscal year 1988, $100,000,000 per fiscal year for each of fiscal years 1989 and 1990, and $130,000,000 for fiscal year 1991] subsections (h) and (i) $200,000,000 for each of fiscal years 2020 through 2024; except that for each of such fiscal years not to exceed $7,500,000 may be made available to carry out subsection (i). Sums appropriated pursuant to this subsection shall remain available until expended. (k) Consistency of Other Programs and Projects With Management Programs.--The Administrator shall transmit to the Office of Management and Budget and the appropriate Federal departments and agencies a list of those assistance programs and development projects identified by each State under subsection (b)(2)(F) for which individual assistance applications and projects will be reviewed pursuant to the procedures set forth in Executive Order 12372 as in effect on September 17, 1983. Beginning not later than sixty days after receiving notification by the Administrator, each Federal department and agency shall modify existing regulations to allow States to review individual development projects and assistance applications under the identified Federal assistance programs and shall accommodate, according to the requirements and definitions of Executive Order 12372, as in effect on September 17, 1983, the concerns of the State regarding the consistency of such applications or projects with the State nonpoint source pollution management program. (l) Collection of Information.--The Administrator shall collect and make available, through publications and other appropriate means, information pertaining to management practices and implementation methods, including, but not limited to, (1) information concerning the costs and relative efficiencies of best management practices for reducing nonpoint source pollution; and (2) available data concerning the relationship between water quality and implementation of various management practices to control nonpoint sources of pollution. (m) Reports of Administrator.-- (1) Annual reports.--Not later than January 1, 1988, and each January 1 thereafter, the Administrator shall transmit to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate, a report for the preceding fiscal year on the activities and programs implemented under this section and the progress made in reducing pollution in the navigable waters resulting from nonpoint sources and improving the quality of such waters. (2) Final report.--Not later than January 1, 1990, the Administrator shall transmit to Congress a final report on the activities carried out under this section. Such report, at a minimum, shall-- (A) describe the management programs being implemented by the States by types and amount of affected navigable waters, categories and subcategories of nonpoint sources, and types of best management practices being implemented; (B) describe the experiences of the States in adhering to schedules and implementing best management practices; (C) describe the amount and purpose of grants awarded pursuant to subsections (h) and (i) of this section; (D) identify, to the extent that information is available, the progress made in reducing pollutant loads and improving water quality in the navigable waters; (E) indicate what further actions need to be taken to attain and maintain in those navigable waters (i) applicable water quality standards, and (ii) the goals and requirements of this Act; (F) include recommendations of the Administrator concerning future programs (including enforcement programs) for controlling pollution from nonpoint sources; and (G) identify the activities and programs of departments, agencies, and instrumentalities of the United States which are inconsistent with the management programs submitted by the States and recommend modifications so that such activities and programs are consistent with and assist the States in implementation of such management programs. (n) Set Aside for Administrative Personnel.--Not less than 5 percent of the funds appropriated pursuant to subsection (j) for any fiscal year shall be available to the Administrator to maintain personnel levels at the Environmental Protection Agency at levels which are adequate to carry out this section in such year. * * * * * * * [all]