[House Hearing, 110 Congress] [From the U.S. Government Publishing Office] REAUTHORIZATION OF THE GREAT LAKES LEGACY ACT ======================================================================= (110-131) HEARING BEFORE THE SUBCOMMITTEE ON WATER RESOURCES AND ENVIRONMENT OF THE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS SECOND SESSION __________ MAY 21, 2008 __________ Printed for the use of the Committee on Transportation and Infrastructure U.S. GOVERNMENT PRINTING OFFICE 42-581 PDF WASHINGTON : 2008 ---------------------------------------------------------------------- For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512�091800 Fax: (202) 512�092104 Mail: Stop IDCC, Washington, DC 20402�090001 COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE JAMES L. OBERSTAR, Minnesota, Chairman NICK J. RAHALL, II, West Virginia, JOHN L. MICA, Florida Vice Chair DON YOUNG, Alaska PETER A. DeFAZIO, Oregon THOMAS E. PETRI, Wisconsin JERRY F. COSTELLO, Illinois HOWARD COBLE, North Carolina ELEANOR HOLMES NORTON, District of JOHN J. DUNCAN, Jr., Tennessee Columbia WAYNE T. GILCHREST, Maryland JERROLD NADLER, New York VERNON J. EHLERS, Michigan CORRINE BROWN, Florida STEVEN C. LaTOURETTE, Ohio BOB FILNER, California FRANK A. LoBIONDO, New Jersey EDDIE BERNICE JOHNSON, Texas JERRY MORAN, Kansas GENE TAYLOR, Mississippi GARY G. MILLER, California ELIJAH E. CUMMINGS, Maryland ROBIN HAYES, North Carolina ELLEN O. TAUSCHER, California HENRY E. BROWN, Jr., South LEONARD L. BOSWELL, Iowa Carolina TIM HOLDEN, Pennsylvania TIMOTHY V. JOHNSON, Illinois BRIAN BAIRD, Washington TODD RUSSELL PLATTS, Pennsylvania RICK LARSEN, Washington SAM GRAVES, Missouri MICHAEL E. CAPUANO, Massachusetts BILL SHUSTER, Pennsylvania TIMOTHY H. BISHOP, New York JOHN BOOZMAN, Arkansas MICHAEL H. MICHAUD, Maine SHELLEY MOORE CAPITO, West BRIAN HIGGINS, New York Virginia RUSS CARNAHAN, Missouri JIM GERLACH, Pennsylvania JOHN T. SALAZAR, Colorado MARIO DIAZ-BALART, Florida GRACE F. NAPOLITANO, California CHARLES W. DENT, Pennsylvania DANIEL LIPINSKI, Illinois TED POE, Texas DORIS O. MATSUI, California DAVID G. REICHERT, Washington NICK LAMPSON, Texas CONNIE MACK, Florida ZACHARY T. SPACE, Ohio JOHN R. `RANDY' KUHL, Jr., New MAZIE K. HIRONO, Hawaii York BRUCE L. BRALEY, Iowa LYNN A WESTMORELAND, Georgia JASON ALTMIRE, Pennsylvania CHARLES W. BOUSTANY, Jr., TIMOTHY J. WALZ, Minnesota Louisiana HEATH SHULER, North Carolina JEAN SCHMIDT, Ohio MICHAEL A. ARCURI, New York CANDICE S. MILLER, Michigan HARRY E. MITCHELL, Arizona THELMA D. DRAKE, Virginia CHRISTOPHER P. CARNEY, Pennsylvania MARY FALLIN, Oklahoma JOHN J. HALL, New York VERN BUCHANAN, Florida STEVE KAGEN, Wisconsin ROBERT E. LATTA, Ohio STEVE COHEN, Tennessee JERRY McNERNEY, California LAURA A. RICHARDSON, California ALBIO SIRES, New Jersey (ii) ? Subcommittee on Water Resources and Environment EDDIE BERNICE JOHNSON, Texas, Chairwoman GENE TAYLOR, Mississippi JOHN BOOZMAN, Arkansas BRIAN BAIRD, Washington JOHN J. DUNCAN, Jr., Tennessee DORIS O. MATSUI, California WAYNE T. GILCHREST, Maryland JERRY F. COSTELLO, Illinois VERNON J. EHLERS, Michigan TIMOTHY H. BISHOP, New York FRANK A. LoBIONDO, New Jersey BRIAN HIGGINS, New York GARY G. MILLER, California RUSS CARNAHAN, Missouri ROBIN HAYES, North Carolina JOHN T. SALAZAR, Colorado HENRY E. BROWN, Jr., South MAZIE K. HIRONO, Hawaii Carolina HEATH SHULER, North Carolina TODD RUSSELL PLATTS, Pennsylvania HARRY E. MITCHELL, Arizaon BILL SHUSTER, Pennsylvania JOHN J. HALL, New York CONNIE MACK, Florida STEVE KAGEN, Wisconsin JOHN R. `RANDY' KUHL, Jr., New JERRY MCNERNEY, California, Vice York Chair CHARLES W. BOUSTANY, Jr., ELEANOR HOLMES NORTON, District of Louisiana Columbia JEAN SCHMIDT, Ohio BOB FILNER, California CANDICE S. MILLER, Michigan ELLEN O. TAUSCHER, California THELMA D. DRAKE, Virginia MICHAEL E. CAPUANO, Massachusetts ROBERT E. LATTA, Ohio GRACE F. NAPOLITANO, California JOHN L. MICA, Florida MICHAEL A. ARCURI, New York (Ex Officio) JAMES L. OBERSTAR, Minnesota (Ex Officio) (iii) CONTENTS Page Summary of Subject Matter........................................ vi TESTIMONY Cherry, Lieutenant Governor John D., State of Michigan........... 4 Davis, Cameron, President and CEO, Alliance for the Great Lakes.. 21 Green, Emily, Director, Great Lakes Program, Sierra Club......... 21 Grumbles, Hon. Benjamin H., Assistant Administrator for Water, United States Environmental Protection Agency.................. 4 Gulezian, Gary, Director, Great Lakes National Program Office, United States Environmental Protection Agency.................. 4 Kuper, George H., President, Council of Great Lakes Industries... 21 PREPARED STATEMENTS SUBMITTED BY MEMBERS OF CONGRESS Carnahan, Hon. Russ, of Missouri................................. 32 Costello, Hon. Jerry F., of Illinois............................. 33 Kagen, Hon. Steve, of Wisconsin.................................. 35 Mitchell, Hon. Harry E., of Arizona.............................. 37 PREPARED STATEMENTS SUBMITTED BY WITNESSES Cherry, Jr., Hon. John D......................................... 38 Davis, Cameron................................................... 48 Green, Emily..................................................... 53 Grumbles, Hon. Benjamin H........................................ 58 Kuper, George H.................................................. 68 [GRAPHIC] [TIFF OMITTED] T2581.001 [GRAPHIC] [TIFF OMITTED] T2581.002 [GRAPHIC] [TIFF OMITTED] T2581.003 [GRAPHIC] [TIFF OMITTED] T2581.004 [GRAPHIC] [TIFF OMITTED] T2581.005 [GRAPHIC] [TIFF OMITTED] T2581.006 [GRAPHIC] [TIFF OMITTED] T2581.007 [GRAPHIC] [TIFF OMITTED] T2581.008 HEARING ON THE REAUTHORIZATION OF THE GREAT LAKES LEGACY ACT ---------- Wednesday, May 21, 2008 House of Representatives, Subcommittee on Water Resources and Environment, Committee on Transportation and Infrastructure, Washington, DC. The Subcommittee met, pursuant to call, at 10:00 a.m., in Room 2167, Rayburn House Office Building, the Honorable Eddie Bernice Johnson [Chairwoman of the Subcommittee] presiding. Ms. Johnson. The Committee will come to order. Good morning. Today, the Subcommittee will hear testimony on the reauthorization of the Great Lakes Legacy Act. This program aims to address the legacy of contaminated sediment that degrades water quality throughout the Great Lakes and threatens the health of populations who live in the region. The Great Lakes Legacy Act of 2002 was a good first step in addressing the contaminated sediment that despoils the water resources upon which a successful transformation of the region will depend. Introduced by Congressmen Ehlers and Oberstar, it is aimed to clean those many contaminated sites that have been largely overlooked by ongoing Federal toxic waste site cleanup efforts. Not only was the Superfund process perceived as slow, litigious and unwieldy, many contaminated sites in the Great Lakes Region were not included on the list of sites that would ultimately be addressed by the Superfund. Yet many of these sites were too large and too toxic for States and localities to deal with on their own. In addition to many, many communities throughout the Great Lakes Region were left with the chronically toxic effects of contaminated sediment that relegated their towns and peoples to health risks and economic under-achievement. The Great Lakes Legacy Act of 2002 sought to address these largely abandoned sites and Areas of Concern by providing a dedicated source of Federal funding for cleanup and remediation. This morning, we look to what has worked over the past five years with the Legacy Act, what challenges remain and how these can be addressed. The Legacy Act of 2002 authorized $50 million a year for 5 years to clean up contaminated sediment of hazardous waste sites in 31 Areas of Concern. To this end, the program has been successful but only to a degree. Of the 31 Areas of Concern, one, Oswego Lake in New York, has been delisted. Cleanup has been completed at four sites. I want to highlight, however, this is a cleanup of only four sites, not four Areas of Concern. Many of the sites targeted by the original Legacy Act remain as they were in 2002, untouched and continuing to leach their toxic legacy into the lakes. Perhaps this is because the program has been consistently under-funded by the Administration over the past five years. Perhaps there are structural issues within the Legacy Act itself that need to be addressed. Nevertheless, the fact remains that ten Areas of Concern in Michigan, four in New York, one in Pennsylvania, three in Ohio and three in Wisconsin remain wholly unaddressed. Let me clear to my colleagues on the Subcommittee. The scientific record is very well established on the health impacts of these toxics on human populations. To be blunt, that so many hazardous waste sites remain unaddressed is a public health risk of the first order. As a former nurse, I can say with clear conviction that as a body we would be remiss if we did not find a way to clean these toxic hot spots at a far faster pace than we have over the past five years. We cannot shrink from our responsibility on this front. I look forward to hearing the testimony from our witnesses today in how we can improve the Legacy Act program. I yield to my colleague, Ranking Member Mr. Boozman. Mr. Boozman. Thank you very much, Madam Chair. I want to welcome all the witnesses today. I look forward to their testimony. I also want to commend Dr. Ehlers for his years of work with stakeholders from the Great Lakes to advance the Great Lakes Legacy Act. When I was appointed to this position, it probably was not five minutes later that Vern called and said, I need to meet with you regarding this. So, as always, he is very, very active. The Great Lakes are a vital resource for both the United States and Canada. The Great Lakes systems provide a waterway to move goods, a water supply for drinking, industrial and agricultural purposes, the source of hydroelectric power and swimming and other recreational activities, but the industrialization and development of the Great Lakes basins over the last 200 years has had an adverse effect on the Great Lakes. Although safe for drinking and swimming in many places, fish caught from the Great Lakes are not safe to eat. Lake sediments contaminated from the history of industrialization and development in the region are one of the primary causes of this problem. By treaty, the United States and Canada are developing cleanup plans for the Great Lakes and for specific Areas of Concern. The Great Lakes Legacy Act passed in 2002 has helped citizens restore the quality of the Great Lakes by taking action to manage contaminated sediments and to prevent further contamination. The Great Lakes Legacy Act authorized the Environmental Protection Agency to carry out qualified sediment remediation projects and conduct research and development of innovative approaches, technologies and techniques for the remediation of contaminated sediment in the Great Lakes. Legacy Act funding must be matched with at least 35 percent non-Federal share, encouraging local investment. By encouraging cooperative efforts through public-private partnerships, the Great Lakes Legacy Act provided a better way to address the problem of contaminated sediments. At some sites, removing sediments will be the best way to address short and long-term risk. At the other sites, the last thing we want to do is go in and stir up the contaminated sediments by dredging, causing more harm to the environment. Obviously, how to address contaminated sediments at each Great Lakes Areas of Concern will be very much a site-specific decision. The Great Lakes Legacy Act does not try to presume any particular cleanup action. It simply encourages stakeholders to take action and to make sure that the action they take will make a real improvement to human health and the environment. This legislation is strongly supported by both the environmental groups and business groups in the Great Lakes Region. The Great Lakes Legacy Act reflects a consensus approach to addressing sediment contamination in the Great Lakes. The authorization for the Great Lakes Legacy Act expires this year. Recently, the Act has been funded at a level between $22 million and $35 million per year. Today's hearing allow stakeholders to express their support for the Great Lakes Legacy Act and offer any suggestions to modify the Act. I look forward to hearing today's witnesses. In reading the testimony, I want to compliment you in the sense that it looks like that the stakeholders are working hard together and appear to be in consensus in much that we are going to hear today. I yield back, Madam Chair. Ms. Johnson. Thank you very much. Are there other opening statements? Yes, Mrs. Miller. Mrs. Miller. Thank you very much, Madam Chair, and I certainly appreciate your having this hearing today. I will enter my full statement for the record, but just briefly let me certainly welcome and recognize our Lieutenant Governor from the great State of Michigan. We work very closely together at the Federal and State levels and the local level as well to do everything we can to protect our magnificent Great Lakes. This Subcommittee, as you are aware, Madam Chair, just last week held a week actually in my district in the City of Port Huron, where we addressed the issue of water quality, and Chairman Oberstar came. It was a great hearing. I think much will come of it. In the Great Lakes, we think of the Great Lakes obviously as 20 percent, one-fifth of the fresh water supply of the entire planet, and all of us in Michigan do recognize the extraordinary work that remains to be done for restoration and maintenance of the Great Lakes. We love the Great Lakes, but we haven't treated it particularly well for many generations and so, as has been articulated already, many challenges facing the Great Lakes with industrial contamination, invasive species, the combined sewer overflows, et cetera. As people have said that the last century was perhaps about oil and this century is going to be about fresh water, we are certainly at the forefront of all of that. Again, we look at it as a national treasure. Certainly, it is long overdue that the Federal Government is recognizing what a national treasure it is and having the political will and the courage to stand up with their dollars as well and invest in this fantastic treasure. So, again, with that, I certainly look forward to the testimony of all the witnesses but want to recognize Lieutenant Governor Cherry for his participation as well. Thank you, Madam Chair. Ms. Johnson. Thank you, Congresswoman Miller. We will now introduce our first panel. We have Lieutenant Governor John Cherry from the State of Michigan; the Honorable Benjamin Grumbles, Environmental Protection Agency, Assistant Administrator for Water; and Mr. Gary Gulezian, Director of the Great Lakes National Program Office for the EPA, Chicago. We will hear you as you were introduced. Thank you. TESTIMONY OF LIEUTENANT GOVERNOR JOHN D. CHERRY, STATE OF MICHIGAN; THE HONORABLE BENJAMIN H. GRUMBLES, ASSISTANT ADMINISTRATOR FOR WATER, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; AND GARY GULEZIAN, DIRECTOR, GREAT LAKES NATIONAL PROGRAM OFFICE, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. Lieutenant Governor Cherry. Well, thank you, Chairwoman Johnson and Members of the Subcommittee on Water Resources and Environment. I am Lieutenant Governor John Cherry of the State of Michigan, and I appreciate this opportunity to share the perspectives of the State of Michigan and the Great Lakes Commission on the Great Lakes Legacy Act. I am honored to serve both as Michigan's Lieutenant Governor and Chair of the Great Lakes Commission. The Commission is a public agency established by the Great Lakes Basin Compact in 1955 to help the eight Great Lakes States speak with a unified voice and collectively fulfill a common vision. Let me begin by recognizing the Committee Members from the State of Michigan: Representatives Vern Ehlers and Candice Miller. I want to thank you and the other members of the Great Lakes Region for your support for the priorities for the Great Lakes. In particular, Congressman Ehlers, you have been a key champion for the Great Lakes, and it is because of your leadership in sponsoring the Great Lakes Legacy Act of 2002 that we are here today reflecting on the success of this important program. The Committee's support for reauthorizing and strengthening the Great Lakes Legacy Act is a necessary step forward, advancing a strong agenda for the Great Lakes. I have submitted written testimony that I ask be made of the part of the record for today's hearing. The testimony includes the Great Lakes Commission's complete recommendations for reauthorizing and strengthening the Great Lakes Legacy Act. The Great Lakes are a unique and extraordinary natural resource for our region and the Nation as a whole. More than 32 million Americans receive the benefits of the Great Lakes including drinking water, food, recreation, commercial navigation and water resources for industries and utilities. Public interest in restoring and protecting the Great Lakes is greater today than at, perhaps, any time in the past. The Great Lakes Region has united behind the Great Lakes Regional Collaboration Strategy to restore and protect the Great Lakes. As you know, Areas of Concern are the most heavily degraded areas of the Great Lakes. There are 31 U.S. and binational Areas of Concern including 14 in my home State of Michigan. Cleaning up these areas is a longstanding priority for the Great Lakes States. The Legacy Act has proven highly successful in these efforts. It has become a cornerstone of restoration efforts for the Areas of Concern. In Michigan alone, the Act has facilitated the cleanup of approximately 250,000 cubic yards of contaminated sediments, using $20 million in Legacy Act funds and leveraging nearly $13 million from State and local sources. The Great Lakes Commission has prepared detailed recommendations for reauthorizing the Legacy Act. I will mention three important highlights. Number one, increase the authorized funding level to $150 million annually. This funding will better match the long-term cost of completing the remediation of contaminated sediments in the Areas of Concern which is projected to be between $1.5 billion and $4.5 billion annually. I mean over time. Number two, allow the use of Legacy Act funds to restore habitat of cleanup sites. This is an appropriate use of Legacy Act funds that will facilitate the complete restoration and redevelopment of the site. Extend the life of appropriated Legacy Act funds beyond two years would be the third point. Given the lengthy and complex nature of sediment cleanups and the possibility of unanticipated delays, the two-year limit is inappropriate for the Legacy Act program. The Great Lakes States are united in their approach to a comprehensive restoration strategy. A recent study found that local governments alone are spending an estimated $15 billion each year on Great Lakes restoration and activities. Collectively, the Great Lakes States look to the Federal government to be a critical partner in restoring the Great Lakes. Reauthorizing, strengthening and, most importantly, fully funded the Legacy Act would be a significant step in this direction. Let me conclude by reminding the Committee that the Areas of Concern include communities and the rivers that run through them that helped win our Nation's wars and fueled our economic prosperity in the 20th Century. From the Buffalo River in New York to the Rouge River in Michigan to the Grand Cal River in Indiana, these are the rivers that suffered as our region and our Nation prospered. The Areas of Concern are the clearest legacy of our use and abuse of the Great Lakes. The Great Lakes will not be fully restored until these areas are restored. The Great Lakes Legacy Act is a key component of our strategy for restoring the Great Lakes. Thank you, Madam Chairman and Members of the Committee for your work on this important legislation. I welcome any questions you may have. Ms. Johnson. Thank you very much, Lieutenant Governor Cherry. Mr. Grumbles. Mr. Grumbles. Thank you, Madam Chair. It is great to be here and to be joined by Gary Gulezian, the Director of the Great Lakes National Program Office. It is great to see you, Congressman Boozman, in your position of leadership on the Water Subcommittee, and I am looking at congressional leaders in the Great Lakes. Congressman Ehlers, Congresswoman Miller, EPA appreciates your work, your leadership on this effort. Madam Chair, it is great to have the opportunity to discuss the successes to date as well as some of the challenges ahead. As you know, during this Administration, EPA has put a real priority behind protecting and restoring the Great Lakes and accelerating the restoration and protection of the Great Lakes. A key part of that is the Great Lakes Legacy Act. So the first thing I would like to do is to say that we believe that our major success to date has been the ability under the Act to accelerate the pace of sediment remediation in the lakes. Since 2004, when the first amount of funding was made available under the Act, we have remediated over 800,000 cubic yards of sediment at a cost of almost $97 million. For these remediation projects, we provided $53 million in Legacy Act funding which, in turn, has leveraged $44 million in additional funds. That has allowed us to remove over 1.5 million pounds of contaminants from the environment. It is a model that may be used well in other regions of the Country. It is about accelerating the pace of cleanup through innovation and collaboration, and that collaboration is based on partnerships. The 2002 Act envisioned stronger partnerships among the agencies and with the public and private sectors. EPA and other Federal agencies, such as the Army Corps of Engineers, have been working, providing efforts to get this environmental restoration underway. The Corps, in particular, has provided technical assistance and disposal capacity at their confined disposal facilities and working closely with State agencies and industry and local governments to get sediment remediated and to get environmental progress moving. Another key component that we urge the Committee to keep in mind is that the key to continued success is going to be the continued ability of non-Federal sponsors to provide the necessary cost share. Remediating the remaining contaminated sediments will cost in excess of $1 billion. While some of those cleanups will be accomplished through Superfund and other authorities, the potential demand for Legacy Act resources is expected to be high. Of course, how much we can utilize will be a function of and limited by the availability of the non-Federal match. So we think it is important to identify a non-Federal sponsor at these projects and to move forward because we won't be able to move forward if we are not able to identify non-Federal sponsors with the requisite cost share. It is all about leveraging, as you know. So we are looking forward to working with States and other interested parties to find creative ways to provide the necessary funding. Another major point to make is the polluter pays principle, and I know Congressman Ehlers, in particular, has been following this very closely. EPA continues to honor the polluter pays principle. It is a fundamental part of how we approach remediation in the Great Lakes. We believe that is a key principle to continue to follow. We also recognize that there are situations where there is an orphan share. There are situations where the projects, the key to accelerating the cleanup is by using the Legacy Act funding, using the authorities under the Legacy Act to help fill the gap to help make restoration possible. The Lieutenant Governor also mentioned the two-year life of funding as one of the key issues to focus in on. The two-year life of funds could be problematic. As in most cases, it takes time to conduct the necessary up-front work to get these very complex projects ready for implementation. So this time- intensive up-front pre-remedial work is critical in order to conduct environmentally sound and fiscally responsible projects. The last point, Madam Chair, is to underscore the point that environmental cleanup is an economic engine for health and prosperity. Recent studies have shown that there is an economic benefit from contaminated sediment remediation. The Northeast Midwest Institute and others are identifying the savings that occur, the environmental benefits that occur, in fact, the economic benefits that occur when these sites are cleaned up. We agree with you that it is important to continue to use this authority as a way to accelerate cleanup and avoid costly debilitative litigation which has been something that has occurred in the past. So we look forward to working with you and others as legislative proposals are introduced and as the Committee moves forward on this very important and successful environmental statute. We would be happy to answer questions as you wish, Congresswoman. Thank you. Ms. Johnson. Thank you very much. I want to start a first round of questioning. Lieutenant Governor Cherry, in your view, what is the current capacity for potential non-Federal partners like State or local governments to contribute to the current cost share level of 35 percent? Lieutenant Governor Cherry. In the State of Michigan, I believe that we have been fortunate enough to be able to match that work that the EPA has approved to do. We have had the benefit of what we call the Clean Michigan Initiative, a bond proposal that was passed back, I believe, in 1998 that has allowed us to fund our match. All total throughout the Great Lakes Region, and this is through the eight Great Lakes States plus the two provinces of Canada through the St. Lawrence River, roughly $15 billion is spent annually by local units of government and the States on Great Lakes remediation. So I think that the funding would be challenging if we were on a schedule that would complete cleanup in 10 years, but my sense is that there is a public will to make those expenditures. At least that has been the case in the State of Michigan. I would think that if you were able to fund at $150 million a year over a 10-year period, the States would be probably able to match that, I would believe, as required. Ms. Johnson. Given the current economic climate and fiscal environment, what is your impression of the capacity for State and local governments to actually contribute to your recommended cost share of 25 percent? Lieutenant Governor Cherry. I think you have to be innovative as a State because your ongoing State budget is very constrained, particularly in the upper Midwest. So you have to be innovative. That is why the State of Michigan chose a bond route in which we floated a general obligation bond which gave us the working capital to match, to be an active partner with the Federal Government and our local units on remediation. That is how we would probably proceed in the future. So I think those States will have to be creative, but again I think the upper Midwest understands that we are in a new era of global economics and that we have to begin to understand what our priorities are. Our economy is very much based upon the Great Lakes and so as much an investment in the future as it is an ongoing expense. I would think you would find that the States and communities would rise to the occasion, utilize that kind of innovative funding that would allow them to have the capacity to meet the Federal Government in the cost share arrangements that we have. Ms. Johnson. In the State of Michigan, there are currently 10 Areas of Concern that have not had any Legacy Act projects on them at all. Similar situations exist in nearly every other Great Lakes State. In your view, what is the reason for this and what has been done? What has been the biggest impediment to not cleaning up these sites or fulfilling these goals? Lieutenant Governor Cherry. Madam Chairwoman, it is my recollection that we have completed three or four sites as of today as it pertains to the State of Michigan, and I believe that we are active financially with every project that the EPA has proposed for those Areas of Concern in the State of Michigan. So, if anything, I think it is the Act as good as it is, and I want to say I believe the Act has moved things forward. I don't want to be critical of the Act, but I think the limitations have been the limitations within the Act itself. Ms. Johnson. You have done four. Have you used any kind of priority out of the 10 that have received no Federal funding to date? Lieutenant Governor Cherry. I believe that these proceed as a collaboration, and I think this is one of the good things of the Act. It does give a structure in which the EPA can work in a collaborative way with States and local units of government to establish the priorities for remediation, and I believe that what we have done to date has been a reflection of the collaborative efforts to decide with the EPA what the first priorities are. Ms. Johnson. Is it funding? Lieutenant Governor Cherry. I believe so. We have been able to match the funding that has been available to us to date. I think we could go further if we had more funding available to us. Ms. Johnson. You have indicated that there might be some shortcomings in the law. How would you suggest it be changed? Lieutenant Governor Cherry. I think one of the issues is the two-year limitation. As Mr. Grumbles pointed out, this is sometimes a lengthy process to determine what is actually there in an Area of Concern. So the actual process can drag out more than two years, and so I think the availability of that funding being secure would be terribly helpful in that respect. Additionally, the match level, I think, if it were reduced to 25 percent would allow us to engage. At least if it brought more Federal money into the picture, it would allow us to engage in more cleanups. I also believe that remediation should include, as well, restoration of the habitat. I mean much of this is done to encourage a healthy ecosystem, and so the habitat goes beyond just the removal of sediments. The securing of a riverbank and other aspects of the habitat are all part of the overall project. So to the extent that the Legacy Act could allow that, that would be helpful as well. Ms. Johnson. Thank you. Mr. Gulezian, in March of 2006, the Great Lakes National Program Office briefed the congressional staff on implementation of the Great Lakes Legacy Act. In that briefing, EPA identified potential impediments of the projects, and one of these impediments was a lack of available cost share. Now, in the current cost share of 35 percent, has it been an impediment? Mr. Gulezian. Cost share and having sufficient non-Federal funds to match the Federal funds is very important to moving forward with Legacy Act projects. To date, it has not been a problem in terms of utilizing the funds that we have received under the Legacy Act. In the future, it could be more of a problem. I really see that as one of our challenges in the coming years, to make sure that we have sufficient non-Federal cost share to make these projects a success. Mr. Grumbles. Congresswoman, I would just add that local and private industry investments are unlikely to be sufficient to make full use of the Federal funding that is provided. So State bond funds such as Michigan's Clean Michigan Initiative will be key to future success on meeting the cost share, which we feel is an extremely important principle of the Great Lakes Legacy Act just as it is for the Corps of Engineers Water Resources program. Ms. Johnson. What problem under the current circumstances do you see in accomplishing the goals of the future? Is it still going to be a shortage of share on each end, both ends or one end? Mr. Grumbles. Gary may want to elaborate on this some, but I think the key for us is following the priority system that is currently laid out in the statute and laid out well about focusing on remediation and also honoring the polluter pays principle and not providing some duplicative program or something that undermines the Superfund program when there are responsible parties. In the context of the funding in the future, I think for us a key part of it, Madam Chair, is to work with the authorizing Committees and the appropriations Committees to think about innovations, innovative approaches. The water enterprise bonds that aren't directly related to the Legacy Act but that we feel are the wave of the future when it comes to meeting Clean Water Act infrastructure needs is critically important to bring in more innovative funding, not to change the cost share that has worked well, we believe so far, but to remove barriers to potentially innovative approaches both at the Federal level and at the State level. Mr. Gulezian. On the issue of innovative funding and generating non-Federal cost share, I think the concept of return on investment really needs to be taken into account. On the economic valuation work that we have done at some of the Legacy Act sites such as Waukegan, we were able to estimate that there could be increases in property value in the City of Waukegan of $250 million were we to do a Legacy Act project that would cost about $30 million. If you look at non-Federal cost share, that would be $12 million of the $30 million. The return on investment from property tax receipts from that kind of a property value increase would pay for that in just several years. So, to the extent that that kind of thing can be taken into account, it may be a way of generating non-Federal cost share through bonding. Ms. Johnson. Well, I understand that 76 million cubic yards of toxic sediment remain to be corrected. Is that your estimate? Mr. Gulezian. Based on the work of the regional collaboration where States and cities and nongovernmental organizations came together, some estimates were made of the remaining contaminated sediments within the Great Lakes Basin. The total amount that was estimated was on the order of 75 million. We think, of that 75 million, approximately 40 million will need to be remediated in some way. Ms. Johnson. Mr. Grumbles, in your testimony, you note that EPA has successfully remediated 800,000 cubic yards of sediment over the past 4 years. What percentage of the total potential volume of contaminated sediment does this 800,000 cubic yards represent? Mr. Grumbles. Based on our current estimates, it is about 10 percent. Ms. Johnson. So, based on these calculations at the current rate of Legacy Act funding recommended by this Administration, it seems that it will take over 300 years to accomplish that and to remove all the toxic sediment? Mr. Grumbles. You put a time frame on it, and I am not comfortable with making estimates like that. Ms. Johnson. I mean at the current funding level. Mr. Grumbles. What I am comfortable in saying is that we recognize, just like our non-Federal partners recognize, there is a tremendous amount of work that remains to be done, that the Great Lakes Legacy Act is an excellent framework for addressing some of the sediment problems. Existing environmental statutes like the Superfund statute or other regulatory authorities are also important ones. We think the key is not to view this as a public works project but as a public-private works project and to use authorities and continue to focus on streamlining the program under the Great Lakes Legacy Act and identifying the challenges ahead. Some of them are funding, but others are making sure that we can also see the environmental benefits and work with the communities on the concept of restoration and restoring the impaired biological, chemical and physical integrity of these special sites. Ms. Johnson. Yes. My concern is with the current situation of clean water supply in this Country. It seems to me that we could get into a public health problem if we could not move any more rapidly to clean these sediments out. Mr. Grumbles. As you know well and as Congresswoman Miller mentioned about the importance of water in the 21st Century, it really is the oil of the 21st Century. We see clean water as more than just an environmental protection issue. It is a public health issue, and that is why all of us, I think, are supportive of efforts to accelerate the pace of cleanup, using tools like the Great Lakes Legacy Act. It is a threat to public health over time. Particularly when you look at the water flow patterns within the Great Lakes, it is important to come up with ways to remediate or to prevent the spread of potential toxins that could pose a risk to public health. Ms. Johnson. Now I know that the U.S. shares some of this with Canada. What kind of cooperation has occurred there? Are the Canadians moving at a more rapid pace to remediate their contaminated sites than the U.S.? Mr. Gulezian. We have a strong cooperative program with Canada. There is a Binational Executive Committee where the U.S. agencies meet with the Canadian agencies, and we also have a Binational Toxic Strategy where we specifically review the progress that is made on both sides of the border in cleaning up contaminated sediments. The Canadians are making similar progress to us. These projects are complex. They are expensive. They have had some recent appropriations on their side to assist them with moving forward with their contaminated sediment problems. We learn from each other too in terms of how best to approach these problems. Ms. Johnson. You know we had a hearing on the Great Lakes here a couple of months or so ago, and there was testimony from one of the House Members that open sewage was being dumped from Detroit or somewhere in that area into the lake. How do you measure that with the rate of cleaning the sediment and it getting recontaminated or do you consider that accurate? Mr. Grumbles. The principle of pollution prevention is a key principle. That is why EPA has, for the last several years, been putting a priority in terms of our enforcement program, an enforcement priority on sewer overflows. In the Great Lakes, we know, based on the age of the systems and climate and various factors, that combined sewer overflows as well as sanitary sewer overflows is a threat to the health of the Great Lakes. It doesn't make the situation any easier in remediating contaminated sediment if you are not also working upstream in the watershed to reduce sewer overflows. We feel that it is a collaborative effort, and the Great Lakes strategy recognizes that sewer overflows is a key area, a priority, just like sediment remediation. The two need to be thought of together. So we are working with the States and we are working with the cities. It is not just a question of more Federal funding. It is a question fusing the various tools to improve the management of those community assets and to find financing ways based on rates, local rates and also State efforts to finance the upgrade of those systems so that the sewer overflows are reduced. We see progress, but it takes time. It takes years for these control plans to get developed and implemented. Ms. Johnson. Thank you very much. Mr. Boozman. Mr. Boozman. Thank you, Madam Chair. Mr. Grumbles, one of the common threads from the testimony we are going to hear in a little bit and then also with Mr. Cherry's was this two-year problem that you mentioned in your testimony about having the two-year time frame. Can you talk a little bit more about that and maybe give us some examples of how that affects things? Mr. Grumbles. We appreciate the decisions that are made in the appropriations process of the amount of funds. I think the Act contemplated no-year funds that could remain available until expended, but in the decisions made and the realities of the appropriations process, these funds are essentially two- year limits. As was noted and I think everyone would agree, as was noted in our testimony, these are complex projects and they take some time. The key to sustainable projects is building the partnership up front and having local community support and also having the necessary technical information at these very complex sites. And so, we do run up against a lot of pressure. We want to streamline and accelerate cleanup projects, but one observation we have had in the five successful cleanup projects to date is that two-year time frame can be a real challenge. So that is an area that we agree there needs to be a discussion, and we look forward to having that discussion with you and your colleagues in other Committees. Mr. Boozman. Very good. Right now, it looks like the appropriators are appropriating about $35 million or so a year for these things. If all of a sudden they say that we were able to do the $150 million, what capacity do you have? How much money? With your staff and things like that, how much capacity do you have to actually do as far as appropriations? Mr. Grumbles. I know we are continuously looking into the future and what is in the pipeline. I think we are looking at nine projects, potential projects, adding to the five that we have seen great success with. In terms of the capacity, how quickly we could move towards those, it depends on a variety of things. I would just say we know there is a tremendous need out there. We also know that an authorization level like $150 million is a very significant one that I think we would need to work with you on getting a more specific answer in terms of the timing and the capacity to actually make use of that type of funding in the near term. Do you want to add anything to that? Okay. Mr. Boozman. I think that is all I have right now. Thank you, Madam Chair. Ms. Johnson. Thank you, Mr. Boozman. Mr. Hall. Mr. Hall. Thank you, Madam Chair and thank you, Mr. Boozman, our Ranking Member, for holding this hearing. Mr. Grumbles, I just wanted to ask you. It is good to see you again, sir. I am just looking for clarity, myself. Out of the 31 Areas of Concern, how many individual sediment remediation projects are located wholly within the United States? Mr. Grumbles. Go ahead, Gary. Mr. Gulezian. I can respond to that, Congressman Hall. There are approximately 70 sites that have contaminated sediments. Of the remaining 30 Areas of Concern on the U.S. side of the border, and some of those are jointly shared with Canada, each and every one of them has a contaminated sediment problem of one kind or another. Mr. Hall. So where are those 70, approximately 70 sites in the process? What I am asking, I guess, is that the 5 sites that are listed in written testimony are 5 of the 70, not 5 of 31. Is that correct? Mr. Gulezian. Right, that is 5 of the 70, not 5 of the 31. Mr. Hall. Also, Administrator Grumbles, I hear you. I didn't see it in your written testimony. I thought you said you estimated cost to clean up, to remediate all of the contaminated sites at a billion dollars, roughly. Did you say something like that? Mr. Grumbles. I said it could be more than a billion, but we are looking at a cost in excess of a billion dollars. Mr. Hall. Okay. Well, it doesn't faze me when you are talking 85 percent of the fresh water of the United States and 20 of the fresh water in the world. I compare it to $12 billion a month in Iraq. That is how I calculate things nowadays in my own mind to determine national priorities, but anyway that is getting off topic a little bit. I wanted to ask Lieutenant Governor Cherry. First of all, I guess, one of the recommendations of the GLRC (Great Lakes Regional Collaboration) was to encourage clean disposal and treatment technologies. What are some of the best technologies in your mind that have come out of this? Lieutenant Governor Cherry. Congressman, I am not an expert on that. Mr. Hall. Do you want to hand it off to the EPA? Mr. Grumbles. The question is what are some of the promising technologies? Mr. Hall. Yes. The GLRC recommended encouragement of clean disposal and treatment technologies. Outside of different kinds of dredging, is there anything else that has surfaced? Mr. Gulezian. There are a number of approaches that we have looked at over the years in terms of innovative approaches. There are different kinds of dredging that can be done and, as part of the Legacy Act, we have experimented with different kinds of hydraulic dredging which are more efficient and do a better job of scavenging the contaminated sediments. That is something that we have worked on at the Ashtabula River project. There are also other possibilities out there in terms of things like carbon mats that can absorb some of the toxic substances, where you might be able to have a more efficient cleanup that would actually not involve dredging at all. So there are a number of possibilities that we evaluate each and every time we do a project under the Legacy Act. Mr. Hall. A carbon mat? Mr. Gulezian. Right. This would be like activated charcoal built into a mat that you would place over the contaminated sediments that would prevent those sediments, to the extent that they are organics, from leaching out into the water. So it is something that can supplement an existing cleanup. Mr. Hall. As we have examined at length in this Committee, the Supreme Court's rulings in the Rapanos and Carabell cases have created the potential for serious delays in issuing Clean Water permits and protection activities. What impact is this having or is this having an impact on the Great Lakes protection and the ability to meet the goals of the program? Mr. Grumbles, do you care to comment? Mr. Grumbles. Sure. Yes. I would say that one of our first priorities in the Great Lakes Regional Collaboration is on wetlands, and that is to restore, improve or protect 200,000 acres within the Great Lakes ecosystem. For 100,000 acres, the Federal agencies have stepped up to the plate and said we are going to do that. We have made progress. We are at about 62,000 acres of restoring, improving or protecting, and that has not been hampered by the legalities of the Supreme Court decision. It has been more of the Federal agencies all focusing in, as was envisioned in the Great Lakes Regional Collaboration, and saying what tools can you use to really make progress. We look forward to working with the States on the other 100,000 acres. Congressman, frankly, when you do get into the jurisdictional complexities, what we are doing is we are surveying the regions and the Corps district offices of what experiences are they finding on the ground when it comes to that significant nexus analysis and the various tests that were laid out in that Supreme Court decision. We will be happy to provide the Committee with our observations or insights from that as we continue to use that guidance. Mr. Hall. That would be helpful. Thank you. My time is up, but I want to thank you for the work that you are doing, and I hope that we can provide resources for you to do more of it. As a Representative from New York State which is connected to the Great Lakes by the St. Lawrence seaway and, of course, bounding Lakes Ontario and Erie and the Hudson River which I represent a district from, which is connected by the Erie Canal and Champlain Canal to the Great Lakes, I am happy to see this rising high on our to-do list. It is certainly important that we protect this great resource. Thank you, Madam Chair. I yield back. Ms. Johnson. Thank you very much, Mr. Hall. Dr. Ehlers. Mr. Ehlers. Thank you, Madam Chair, and thank you very much for having this hearing. This issue is a very important one to me and I think to most of the people around the Great Lakes. I thank Governor Cherry for taking the time to be here and speak on it. We spent many years together in the Michigan Senate and got a lot accomplished together, even though he is an outrageously leftist Democrat and I was an outrageously conservative Republican. You know that is not true from knowing me, but at any rate we worked very closely together on a number of these issues. It is good to see you again, John. Thank you for being here and thank you for your kind words. I also apologize for being late. I was speaking at another meeting. I would just ask that my opening statement be entered into the record. Without objection, I hope you will do that. The first version of the Legacy Act, which is the version that we have been discussing here, has been fantastically successful. I normally don't brag about my work to that extent, but I keep hearing it from the people around the Great Lakes. They are extremely pleased with the Act. I think what has made it so successful is that we designed it to be a combined Federal, local, environmental and State project with funding coming from all the parties in some fair and equitable arrangement that we developed. That is really been a strong inducement to the business community and to the locals and to the environmental groups to really promote the program. We could have, in fact, accomplished much more had the Congress allocated the funds. The President, to his credit, and the EPA advocated full funding every year that the bill has been in effect. Unfortunately, the Congress cut back the funding every year. But, in spite of that, I have been told by numerous individuals who have worked in Superfund and have worked in this that this is by far the best cleanup activity that they have ever engaged in because everyone worked together, everyone knew what the parameters were, we managed to keep most of the attorneys out of it, and it would just set up a structure where all the parties could work things out together and get the job done. I really appreciate your cooperation and work in that. In response to the comments about the increasing funding, I have no doubt that the Congress will appropriate the money that can be usefully used. I think setting the goal at an authorization of $150 million is imminently reasonable I know the Congress will not throw money at the problem unless it can be used effectively. So I am not worried about increasing the authorization since I know the appropriators will allocate the appropriate money. I think it is important to increase it because we are poised in a number of areas in this Nation to rapidly go ahead with cleanups. Local communities and States are rounding up funding to be able to deal with. Environmental communities are excited and ready to go, building local support. So I think it is imminently reasonable to increase the authorization, and I hope the appropriations will match the local enthusiasm and energy, both of the local and State Governments. I will defend a $150 authorization. I don't think we can go wrong with that. Obviously, we won't spend it all if it is not all needed, but I think it is a good way to go. I just thank the State of Michigan for its work. As you mentioned, there are four sites there. I visited several of them, and the cleanup went amazingly rapidly. I say this after having spent a lot of time on the county level working with Superfund and on the State level working with Superfund. I was just astonished that in the space of two years, we could clean up sites that under the Superfund Act would have taken seven years to clean up. So I think this is an effective program. I believe Mr. Oberstar and I will be introducing a bill on this fairly shortly, and I hope we can have a lot of support from our colleagues and from people across the Nation. The real key, as has been pointed out by our witnesses, is the cooperative aspect of it. I recall when we had our first hearing on the original bill, Congressman Duncan was the Chair of the Committee at the time. We had testimony from the Federal Government that this was a good program, testimony from State and local governments that it was a good program, testimony from the business community that it was a good program and testimony from the environmental community that it was a good program. Congressman Duncan turned to me after the hearing was over, and he said that is the first time in his 20 years of experience in the Congress that he has ever had all of those groups agree on something. He said, we will report this bill to the floor immediately. I am very pleased that that cooperation has continued and that all of you involved, not just this panel but the next panel as well, have worked on this so well and made it such a success. I thank you for that. I yield back the balance of my time. Ms. Johnson. Thank you, Dr. Ehlers. Dr. Kagen. Mr. Kagen. Thank you, Chairwoman Johnson and Ranking Member Boozman for being here and for having this hearing. I thank you for coming to give your testimony that I missed. I was on the House floor, giving a presentation about our oil crisis. My question has to do not just with the cooperation, which I appreciate, but the fact that we still have 30 Areas of Concern that have not been remediated. I am wondering if you could, Mr. Grumbles, clue me in as to why it is taking so long. I think we have cleaned up one site, Oswego, and yet there are 29 others or 30 others remaining. Mr. Grumbles. A priority for us, a goal for us is working with all our partners to clean up those sites, but I am going to turn to Gary Gulezian as the Director with the most knowledge on the specifics of that, Congressman. Mr. Kagen. Thank you. Mr. Gulezian. The biggest barrier to cleaning up the Areas of Concern is cleaning up contaminated sediments. The only area that we have delisted is the Oswego area, and the Oswego area was the only area where we don't have a contaminated sediment problem. These problems are complex. They are expensive to deal with. Even once you get the contaminated sediments cleaned up, before we can redesignate the areas, we have to see the beneficial uses come back. For example, we need to have healthy fish and wildlife populations there amongst other things before we could delist an area, but the primary barrier is cleaning up contaminated sediments. Mr. Kagen. Is there a ranking order of locations that you are going to take on? Is there a certain order in which you are attacking these and, if so, where does the Menomonee River and Fox River stand on your list? Mr. Gulezian. We are trying to take on all of them at once with all of the authorities that are available. The work that we are doing at the Areas of Concern is work that is shared by the local communities, the States and the Federal Government and, within the Federal Government, there are a number of programs that can be brought to bear. For example, at the Fox River, the approach that we are using is the Superfund law. As you know, that has been progressing. It is going to be a very, very significant cleanup there, and we are really looking forward to that one moving forward. We had been working in the Menomonee area with the local committee that is working at the Area of Concern to define the problem and to define the needs for cleanup there, and we have similar activities going on at each and every one of the 30 Areas of Concern across the Great Lakes. Mr. Kagen. On a related matter, the Brownfields program has a relatively high number of applications that are ready to go. They are on the shelf. Is there a hang-up there? Is it the funding? Is it appropriations? Mr. Grumbles. In terms of prioritizations, again, as Mr. Gulezian mentioned, for us on the Areas of Concern, we follow the statute which lays out remediation of contaminated sediment and then goes through a variety of specific factors in the statute itself about innovative technologies and other approaches. When it comes to the Brownfields program, Congressman, I would say the best thing to do is for us to commit to get back to you with our folks back at the agency who really have more knowledge of the Brownfields program than we do. But, Congressman, just like the Brownfields program, the contaminated sediments program under the Legacy Act as well as the proposed legislation on Good Samaritan cleanups at hard rock mines, which is something we hope the Committee will act on, are three examples of environmental progress by taking innovative, collaborative approaches. In terms of the prioritizations, we think it is an important role for Congress. In the Legacy Act, they laid it out, and we will work with our partners. A key part of that is finding projects where there is the local community support which is often reflected in their ability to provide a cost share, but it is more than that. It is having the buy-in from the community. That is why we feel the Legacy Act and the Brownfields program and those Good Samaritan cleanups are all very positive and promising programs for environmental restoration. Mr. Kagen. Thank you for your answers. I ask that my opening statement, which I was unable to deliver, could be placed into the record. I yield back. Ms. Johnson. No objection; all opening statements can be placed in the record Mrs. Miller. Mrs. Miller. Thank you very much, Madam Chair. I certainly look forward to working with all of my colleagues on both sides of the aisle to make sure that we do reauthorize and hopefully appropriate $150 million for this, this year. I think it is critically important. I am going to follow up a little bit. Mr. Kagen was asking about some of the sites in his district, and I would also like to, just trying to get a handle on where all of these are and how you have prioritized the various sites. I know in my neck of the woods the St. Clair River and the Clinton River, the Saginaw Bay, the Saginaw River are all AOCs. I am just wondering. I don't think they are in the nine sites that you talked about, Mr. Grumbles, but does anyone have any information on where they may fall and if you are not having much success because of the lack of match available or what is happening there? Mr. Grumbles. Gary, do you want to? I know we are going to want to commit to you to get back with you with far more specific information on this, but if you want to add on. Mrs. Miller. Okay. Mr. Gulezian. No. We can get back to you with specifics on those sites Mrs. Miller. Okay. I appreciate that. I am, obviously, very interested in that and want to assist in any way that I can to be a conduit to assist with that. Mr. Grumbles, you mentioned about how sedimentation remediation needs to be accelerated, and I certainly do agree with that. I think we all agree with that. Hopefully, we have enough places to put all of the sedimentation as we are remediating. I just raise that, not to get too much in the weeds on this, but as I mentioned the Clinton River. The Confined Disposal Facility for the Clinton River, the CDF for the Clinton River, because of dredging that has occurred and we have been all earmarking to get dredging projects because of the historic low water levels, et cetera. The dredging that is going to occur on the Clinton River this year will essentially fill, as I understand it from the Corps of Engineers, our district director there, fill the CDF for the Clinton River. So I am just wondering how. The EPA and the Corps of Engineers, are they working with the States to identify disposal facilities if we do get all of these funds and then we have nowhere to put this? How is that all working? Mr. Grumbles. I am going to ask Gary Gulezian to respond to that. I know from my own observation so far, over the last five or six years since the Legacy Act or since 2004 when congressional funding began to be provided, and I can tell you that we have been working with the Corps closely on that issue of Confined Disposal Facilities and capacity for remediation. I know it is an issue that is going to depend on the site. Mrs. Miller. I appreciate that, and I did want to raise that because that is one that I happen to be familiar with because it is literally in my back yard, but there may be other areas like that. So we do need to be, I think, working cooperatively to recognize this if we are going to increase the funding. You can get back to me on that as well. Mr. Grumbles. Okay. Mrs. Miller. Let me go on to my next question since I don't have too much time here. We have talked today about the cost share. It is no secret that the State of Michigan is facing unbelievable economic challenges. The Lieutenant Governor mentioned about the Clean Michigan bond which passed overwhelmingly in Michigan. I am not even sure how much money we have left there. I know there is a phased-in area as the drawdown on some of the funding. I am not sure how much we have left in that, but I do know that it is difficult, obviously, for the State and the local municipalities, counties, what have you to come up with a cost share. We saw this most recently with the water quality monitoring system, actually. This Committee had a field hearing, I mentioned, in Port Huron in my district last week, and we talked about the initial expense of the water quality monitoring system where we were able to get Federal earmarks. We split it between two counties pretty equally. That was a 60-40 match that the counties themselves matched. There has been money for maintenance, some of which was vetoed by the State, but I think was put back in. Everybody is concerned about the money, obviously. I just wonder if anyone has a comment about the appropriateness of the percentage of the match here. Is there some feeling that perhaps the Federal Government should take a look at this again? In the State of Michigan, whatever we clean up is not just advantaging us. It is advantaging the entire Great Lakes Basin. We don't want to not be able to have a dime to make a buck. So I am not sure. Perhaps we should look at the formula. Lieutenant Governor Cherry. Congresswoman, that is a good question. I mean the Great Lakes Commission, which represents the region, is suggesting that the match be dropped so that in fact we can stimulate more cleanups. You are right about the economic difficulties, budget-wise, to find the extra dollars. In spite of that, we should understand as well that throughout the Great Lakes Region and the St. Lawrence that local and State Government and provincial government have spent $15 billion a year on Great Lakes remediation. So there is clearly a will to engage here. I believe that if, for instance, there is more money available in the form of an annual authorization or appropriation, people will think of innovative ways to get there, such as the bond proposal that we used. We have about 25 million left, I believe, and we are contemplating renewal. So we understand that the Great Lakes issues of remediation are a long-term effort and that we need to be in position to engage in the long term. I think what ultimately we all need to do--local, State and Federal Government--is step up because it is an enormous problem. It is an important issue. These are problems that emerged in the time of industrialization, and much of it is the result of the Great Lakes Region being an economic engine for the Nation and an arsenal of democracy for the Country. And so, these are problems we all created, and we all need to remediate. We believe that you need additional money but also the match should drop. Mrs. Miller. Lieutenant Governor, has the Commission actually advanced a recommendation, a percentage of what they would like to see the match drop to? Lieutenant Governor Cherry. Twenty-five percent. Mrs. Miller. To 25, 75-25? Lieutenant Governor Cherry. Yes, correct. Mrs. Miller. Okay. Mr. Grumbles. Congresswoman, I know that time is short, but I just wanted to add. Almost it is a statement of the obvious, but there is also intense competition in the Federal appropriations process. The importance of having a cost share that helps to stretch the Federal dollar as far as possible is important. So we look forward to having further discussions with the authorizing Committees as well as the appropriations Committees. I think that one very important aspect of the whole debate is to ensure that more information is made available of the State and local economic benefits of cleanup. The more communities, the more all of us see the value of cleanup and how it stimulates economic benefits, that can help bring more parties to the table to help meet the 65-35 share. There is some degree of flexibility in our regulation, but essentially we are operating off of the statutory framework that you and others have been involved in. So we look forward to further discussions with you and other Members on that issue. Mrs. Miller. Yes, I appreciate that. I think everybody does recognize the economic advantages of the cleanup of the Great Lakes. I guess I am somewhat embarrassed to still see the huge amounts of combined sewer overflows going into the Great Lakes. On the other hand, the cost to the locals to right-size the inadequate underground infrastructure is mindboggling. By some estimates, in southeast Michigan alone, $54 billion just to fix what we have which is not particularly inherent to Detroit. All the old industrial cities are dealing with that kind of thing. There is enormous need, that is for sure, and never enough resources. I know my time is expired. Thanks very much, Madam Chair. Ms. Johnson. Thank you very much. Are there any other questions? Then we will thank the first panel and appreciate your coming for testimony. We welcome the second panel: Mr. Cameron Davis, President and CEO of the Alliance for the Great Lakes of Chicago, Illinois; Ms. Emily Green, Director of the Great Lakes Program, Sierra Club, Madison, Wisconsin; and Mr. George Kuper, President of the Council of Great Lakes Industries, Ann Arbor, Michigan. Mr. Davis, you can begin your testimony. TESTIMONY OF CAMERON DAVIS, PRESIDENT AND CEO, ALLIANCE FOR THE GREAT LAKES; EMILY GREEN, DIRECTOR, GREAT LAKES PROGRAM, SIERRA CLUB; AND GEORGE H. KUPER, PRESIDENT, COUNCIL OF GREAT LAKES INDUSTRIES Mr. Davis. Well, good morning and thank you, Chairwoman Johnson and Ranking Member Boozman and Members of the Subcommittee. I am Cameron Davis, President and CEO of the Alliance for the Great Lakes. We are the oldest citizens Great Lakes organization in either the U.S. or Canada. I am also representing the Healing Our Waters-Great Lakes Coalition as one of their co-chairs, representing roughly 100 or more organizations from around the Great Lakes Basin who are vitally concerned about this issue. With 90 to 95 percent of the Nation's fresh surface water, the Great Lakes could cover the United States in roughly nine to nine and a half feet of water, the continental United States, but their size belies their fragility. Because they are relatively closed ecosystems, they do not flush like rivers. What goes in, tends to stay in. That is true of legacy pollutants, persistent toxins that remain at the bottom of industrial harbors which are a legacy of the Midwest's past. The result of this is contamination that can continue to circulate through the food chain from fish to people especially children, women and other sensitive populations. The contamination can also suppress property values as we heard before. Since more than 30 toxic hot spots were listed on the cleanup list of Areas of Concern more than 20 years ago, only 1 has been removed from the list. The longer we wait to remediate these Areas of Concern, the more expensive cleanups get and the more they threaten the health of our children and families. Simply put, it is time to act. We consider revitalizing our Nation's waters through the Clean Water Restoration Act, combating invasive species and other efforts to be important in addition to reauthorizing the Great Lakes Legacy Act which has, as was mentioned before, a proud history of bipartisan and multi-stakeholder support. Reauthorizing this Act will help greatly. Since Congressman Oberstar and Congressman Ehlers introduced the first generation of the Act several years ago, the Legacy Act has been extraordinarily helpful. But several years of experience under the first generation of the Legacy Act shows that there are ways we can get more mileage out of the law. Several years ago, roughly 1,500 stakeholders from around the region including agency officials, elected officials, NGO representatives and businesses put together this plan of attack for helping to clean up and restore the Great Lakes. One of the series of recommendations that came out of this Great Lakes restoration collaboration strategy was that we do want to see the Act boosted in terms of its authorization. We want funds to go for aquatic habitat restoration. It is not enough to just clean the contaminants out. We need to make sure that these Areas of Concern are fully restored with habitat so that they function again. We want to see public information and education be part of the funding effort as well. Research shows that when there are coordinated, proactive public education efforts that precede cleanups, those cleanups can be facilitated and accelerated, which I know is our goal through much of the reauthorization of the Legacy Act. Enhancing matching opportunities by allowing potentially responsible parties to contribute and dropping the non-Federal cost share to 25 percent, which we heard a great deal about earlier from the first panel. Focusing on sediment cleanups is a top priority. It is incredibly important. Removing the maintenance of effort requirements, eliminating the need for exclusive Federal agency project implementation so that contractors can execute cleanups with agency oversight and extending the life of Legacy Act funds beyond two years which, as we also heard today, is a time frame that is difficult for many of these complex cleanups to meet. In conclusion, we urge you to act quickly to pass the next generation of the Great Lakes Legacy Act to address these recommendations. Thank you for your efforts so that we can ensure that we leave a legacy of health for our families in the future, not a legacy of pollution. Ms. Johnson. Thank you very much, Mr. Davis. Ms. Emily Green. Ms. Green. Good morning, Madam Chair and Members of the Subcommittee. Thank you very much for giving me the opportunity to speak with you today. The Sierra Club is the Nation's oldest and largest grassroots environmental organization with over 1.5 million members and supporters nationwide. I am here in Washington today to ask for your help in addressing the toxic pollution in the Great Lakes. Thanks to the leadership of Congressman Ehlers, this Committee and others, the Great Lakes Legacy Act of 2002 has been an extraordinarily successful program that has allowed us to clean up toxic sites despite being under-funded. I am here to ask you to pass legislation reauthorizing the program this year, increasing the authorized funding level and making some minor policy changes to increase its effectiveness. Reauthorizing this program is one of the major recommendations of the Great Lakes Regional Collaboration Strategy which, as you have heard, is a comprehensive blueprint for the long-term restoration and protection of the Great Lakes. It is critically important that this legislation move this year to avoid gaps in the implementation of the program and to allow us to more effectively address one of the worst problems that our region faces. The longer we wait, the more difficult and expensive this problem will be to solve. As you noted in your introduction, Chairwoman Johnson, contaminated sediments in the Great Lakes are linked to numerous and very well documented human health and ecological impacts as well as economic impacts. Really, it doesn't have to be this way. We know how to clean up these sites, and we can gain much by doing so. A recent Brookings Institution study found that cleaning up toxic pollution in the Great Lakes will directly raise property values by 12 to 19 billion dollars. We simply need the funding and the political will to act. Before the Great Lakes Legacy Act was passed in 2002, we attempted to clean up these sites through a variety of programs, most of which were designed for other purposes and none of which were adequately funded. This approach, in short, did not work. In 2005, the U.S. Policy Committee for the Great Lakes identified 75 remaining contaminated sediment sites in U.S. Areas of Concern. I believe that reauthorizing, expanding and, most importantly, funding the Great Lakes Legacy Act is the single most effective and important thing we can do to advance the cleanup of these sites. The program has arguably been the most effective contaminated sediment cleanup tool that we have had to date, even though it has been chronically under-funded and some of its provisions have created unintended obstacles to cleanup. Despite its limited funding, it has removed almost two million pounds of toxic contaminants to date and has completed cleanups that otherwise languished for years. As I noted previously, reauthorizing the Act is also a top recommendation of the Great Lakes Regional Collaboration Strategy. The strategy, as you probably know, contains a number of recommendations that are important to the Great Lakes, and we are implementing those recommendations in stages. For 2008, our top legislative priorities are to reauthorize the Great Lakes Legacy Act, pass legislation that prevents the introduction of aquatic invasive species and pass the Clean Water Restoration Act. We appreciate the Committee's interest in all of these issues. The recommendations to expand and reauthorize the Legacy Act are the product of a strong collaboration of industry, environmental organizations, agency staff and scientists. We are all in agreement on these recommendations. We all believe that Congress should reauthorize the Legacy Act this year and make the policy changes that have been discussed by both of my colleagues here today. In summary, and I am happy to talk about these in more detail in questions, these would be: To increase the authorization level to $150 million per year; Add a habitat restoration component; Clarify the intent of the Act to allow potentially responsible parties to contribute to the non-Federal share; Ensure support for public education and outreach as part of the cleanup process; Remove the maintenance of effort requirements; Allow the disbursal of Legacy Act funds to non-Federal contractors; Reduce the local cost share to 25 percent; and, Extend the life of Legacy Act funds beyond two years. In our view, these improvements are essential to cleaning up these sites in the Great Lakes. In closing, I urge you to reauthorize and expand the Great Lakes Legacy Act this year and to build support for the full appropriation of funds. This is one of the most important things that Congress can do to this year to implement the Great Lakes Regional Collaboration Strategy and to protect the irreplaceable treasure that is the Great Lakes now and into the future. Thank you very much for your time and for inviting me to speak to you today. Ms. Johnson. Thank you very much, Ms. Green. Mr. Kuper. Mr. Kuper. Good morning, Madam Chair, Members of the Subcommittee. Thank you very much. My name is George Kuper. I represent three dozen large Canadian and U.S. companies focused on sustainable development policies in the Great Lakes Basin, and it is a privilege to be here. We are here in the spirit of an old industrial operating principle, namely that of continuous improvement. Industry has really appreciated the opportunity to work with U.S. EPA Region 5 and other stakeholders such as those sitting on my right in the region, both on the specific projects that you have heard about and those that are in the pipeline; but also on identifying ways to improve the Great Lakes Legacy Act itself with the consistent and overriding objective of reducing contamination to the Great Lakes from contaminated sediments. To that end, I would like to emphasize five improvements among the ten that we are here collectively representing that are more detailed in my submitted testimony. The first is the eligibility criteria for non-Federal match. The original intent, which was clearly expressed in the statute, was to allow Potentially Responsible Parties, PRPs, to participate in the non-Federal share. The implementation policy that has been pursued has severely curtailed the ability of PRPs to participate. Our recommendation is that you affirm that PRPs are eligible to participate, using the added value criteria proposed by the Great Lakes Regional Collaboration. Secondly, pilot and demonstration projects: Innovative pilot or demonstration projects that could lead to more effective or efficient remediation techniques for contaminated sediment are not now being funded because of the perception that these are ``research,'' not projects, and no research funds have been appropriated. Our suggestion is that you give discretion to program administrators to fund pilot or demonstration projects as projects, not research. Thirdly, the pick and stick rule, a wonderful name for an old rule administered by the OMB: Pick and stick prevents using two Federal sources of funding on the same project at the same time. It is raised as a barrier to using Great Lakes Legacy Act funds at Superfund sites even where little progress is being made under Superfund due to the lack of viable PRPs. We think the application of the pick and stick rule yields counterproductive results, precluding or significantly delaying cleanups. This 1800s rule does provide an option for co-funding as long as there is express statutory authority to do so. Our recommendation is that you need to remove the application of the pick and stick to Great Lakes Legacy Act projects in the reauthorizing legislation. A couple of administrative improvements, seemingly small but important, that you have heard others mention: Maintenance of effort requirements, inappropriate because sediment cleanup costs often vary widely year to year and excellent projects are being disqualified because larger expenditures happen to occur in a previous year. Attempts to work around the maintenance of effort requirements may force delays or detrimental changes to proposed remedial projects. Our recommendation is the maintenance of effort requirement should be removed from the legislation. Lastly, project implementation, currently the Great Lakes Legacy Act requires exclusive Federal agency project implementation which precludes disbursal of funds to other entities. This is inefficient. It is really inefficient to have multiple contractors onsite because of the limitations of disbursal funds. Disbursal to non-Federal contractors is allowed under the Water Resources Development Act, and the proposed fix utilized the WRDA approach. Our recommendation is that you should allow disbursal of funds to other entities. In conclusion, our recommendation are, obviously, that you reauthorize the Great Lakes Legacy Act and do so in a timely fashion so there is no interruption of the program and do so for five years at $154 million per year. That is $150 million for projects, $3 million for research and $1 million for public information and participation programs. We hope that you will take the opportunity in this reauthorization to correct the inefficiencies and issues with implementation of the Great Lakes Legacy Act. Thank you for your time and attention to this important program. Ms. Johnson. Thank you very much for your testimony. We will begin the first round of questioning now. I would like each of you to comment on this question. There has not really been that much accomplishment in attempting to clean these hazardous areas, the waste sites, and I would like you to give me your opinion of the reason for this. Is it money? Is it structural changes that are needed in the law or should EPA implementation of the law be improved? Tell me what you think the handicaps might be. Mr. Davis. Thank you, Chairwoman Johnson. I do think that whether or not much has been accomplished is relative. We have a lot of work that has been done under the Legacy Act that otherwise wouldn't have been done, which I think is very commendable. That being said, we still have a long, long way to go. It is a little bit like climbing a mountain and seeing that you have a long way to go and not really appreciating where you have been. So we do have a long way to go on that. Why? Why do we have so much further to go? Why haven't we made as progress? I do think funding is a key piece of that answer. Many of the Great Lakes States are struggling. You heard from Lieutenant Governor Cherry earlier today that Michigan has the Clean Michigan Initiative. Many of the other States don't have that kind of bonding for these kinds of purposes. So while that has put Michigan in a decent position, many of the other States have not had the luxury of matches to be able to reach that 35 percent. I do think that that is one thing that could be addressed. You mentioned the structure of the Act. Certainly, we think that many of the recommendations that we have made today will help accelerate the pace of these cleanups. I do know this: Since the list was created, it is unacceptable that we continue to make as little progress as we have. We have done some good work. We need to speed that pace up. Ms. Johnson. Thank you very much. Ms. Green? Ms. Green. Thanks for asking that question. I think I would agree with Cameron that we actually have made some good progress, and I take sites like Ruddiman Creek as an example of a site that sat for years, and the local community had advocated for years and years and years for something to be done about this. The Legacy Act came along, and finally it is cleaned up, and lake salmon are now back in that creek. But why not faster? I would love it to see it go faster. I think there are three things, and I think it is really all of the things you mentioned. It is the lack of funding. The Act has been consistently under-funded, under-appropriated since it was started. The cost share, I think, is an issue in some sites, and it is hard to pinpoint because what you have is with the 35 percent cost share you likely have communities that don't even apply for Great Lakes Legacy Act funds because they can't raise that cost share. So it becomes an unnecessary barrier to application. At least in the case of orphan sites, we ought to look at reducing that cost share. Then the administrative changes that you have heard all of us bringing up. Some of them small and I think were really not intended to be barriers like the maintenance of effort provision and the disbursal of funds to non-Federal contractors, but together they have really kept a number of sites from flowing through the process. I think if we could tackle those as part of the reauthorization, it would help make this Act and program more efficient. Ms. Johnson. Thank you very much. Mr. Kuper? Mr. Kuper. Madam Chair, there are probably eight or ten points that I would try to summarize for you. First is the eligibility of Potentially Responsible Parties. Were they able to participate in the cost share portion, you would have more projects. Use of project funds for pilot or demonstration projects: There have been several demonstration projects proposed that have not been accepted by the program administrator. The problem created by the pick and stick rule needs to be fixed so that we can spend Great Lakes Legacy Act money at Superfund sites. We need to drop the maintenance of effort requirements. That clearly has been a barrier to projects. We need to eliminate the current limitation that requires exclusive Federal agency project implementation. We need to have everybody in that project that can possibly make a difference. And, we need to use Legacy Act funds for the restoration of habitat. We ought to be prioritizing those funds for remedial projects. We ought to have a public participation program to make sure the public information that is getting out about these projects is in the spirit of the Act and the objectives we are all trying to work on. As Emily Green said, we need to have cost share that is more affordable, and we need more money in the program. Ms. Johnson. Thank you very much. Mr. Boozman. Mr. Boozman. Thank you. I guess one of the things I don't quite understand is you just mentioned that we need more money in the program, but I don't understand, if you reduce the cost share significantly, how that gets more money in the program. Ms. Green. Well, I think we are talking about expanding the authorization pretty significantly to $150 million a year. So, despite a slight reduction in the cost share, there is still going to be more money to go around. Mr. Boozman. But if we did that, though. I mean ideally we would like to get as much Federal money as we can into the program. I am very supportive of that. As Mr. Grumbles said earlier, we have this problem, and we have many other problems that you all are dealing with as you mentioned earlier. The reality is there is a finite amount of money. If we get as much Federal as we can in there and with an authorization of $150 million when we have steadily crept up, I think, from $9 million to $35 million, and maybe we will get a little bit more this go-round. But the reality is unless you do an awful lot of legwork with the appropriators, it is not going to happen. I think the danger is you get a significant increase in authorization, you don't get a whole lot more money appropriated, you have a decrease in the cost share, and then you are not going to see a significant increase in your dollars. Does that make sense? Ms. Green. Absolutely. Mr. Boozman. That is the scenario that I see happening with this. Mr. Kuper. I understand the principle. The problem is we are trying to lower the barriers to getting projects up and underway, and it is clear that the local cost share is one of those barriers. So, to the extent that we would have more projects in the pipeline appealing for those Federal funds, it would hopefully make the appropriators more aware of what is possible with the Federal dollars. Does that make sense? Mr. Boozman. I understand, but again I think the scenario that I just said is more realistic in the sense that you raise the appropriation, you lower the cost share, some more dollars hopefully. Again, I am very supportive of that. But the reality is, as Mr. Grumbles said, who is I think on your side and trying to get as much money pushed in that direction as possible, you have a problem. You have less cost share, you have some more dollars, but I don't see how that really helps you a whole bunch. The other thing is you mentioned increasing or actually diverting some money to habitat. What percentage would you divert? We have cleanup money now. If we did habitat money, what percentage would you see going to habitat? Mr. Davis. I guess I will take a shot at that, Congressman Boozman. I don't know that we need to slate a percentage. What I would do is think of this more in terms of prioritization. First prioritization, get these contaminated sediment sites cleaned up. Get the pollutants out. To the extent that there is money left over, then look at helping to rebuild these aquatic habitats so that these sites function, so that the river fronts and harbor fronts can again be gathering places for these communities, so that fishing can help boost the local economies. In many instances, these are places that have been hit hard for decades as a result of this contamination. So I would think that more in terms of a prioritization scheme than slicing up a pie with various percentages that way. Mr. Boozman. Okay. Again, I would agree that the priority needs to be the cleanup. Again, politically, you have to think through this in a sense that what you don't want is communities that have powerful people that happen to be in Congress pushing habitat over the other. Those are the political realities that we deal with. So I would agree. I think cleanup is the major thing. Ms. Green, you mentioned an ecological tipping point with the Great Lakes. Could you comment and tell me what you mean by that, kind of your reasoning behind that? Ms. Green. Sure. Recently, sort of a collection of scientists around the Great Lakes were just looking at the huge number and variety of stressors on the ecosystem as a whole and released a report that suggested that the impact of all these stressors was pushing the ecosystem towards what they call a tipping point, towards the point at which it would no longer be able to respond to additional stressors. It would change permanently beyond the point of repair so that even if we made changes to kind of enhance restoration, clean up some of these sites, the ecosystem wouldn't respond. That poses a real threat in my mind because it would change the way that all of us are able to use and interact with the Great Lakes, whether it is for recreation or industry or drinking water, whatever it is. So I think it puts the onus on us to act quickly to sort of address some of these issues and increase the ecosystem's resiliency, its adaptability to stressors including climate change, by the way, which is going to have some sort of impact, before it is too late. Mr. Boozman. Very good. You mentioned pilot projects which, again, makes sense if you can do things more expeditiously, less expense. Do you have any specific things that you are thinking about in that regard? Mr. Kuper. There have been several that have been proposed. I would like the opportunity to tell you about them from an expert rather than myself. So I will get back to you with that. Mr. Boozman. That would be fine. If you could respond to that, that would be very helpful. Again, if we could come up with things that are more expeditious, I think we have certainly allocation in that way in the Highway Bill and some other things that has precedence. I want to compliment all of you. In reading your testimony, you seem to be working very, very together which is so important and really are a model. I wish that we could duplicate your united front with a lot of other things that we deal with. So thank you very much. I appreciate your testimony. I yield back, Madam Chair. Ms. Johnson. Thank you, Mr. Boozman. Dr. Kagen. Mr. Kagen. Thank you, Madam Chairman, and thanks for bringing up, Ranking Member Boozman, the idea of a united front. I like that idea across the aisle as well. Emily Green, thank you for being here. Thank you for your work with the Sierra Club, and I appreciate all of your testimony and the work you have done over the past number of years. In case someone is watching back home, you didn't change your last name to Green because of your belief in a green economy, did you? Ms. Green. I did not. Mr. Kagen. Can you be any more specific with regard to habitat restoration money, if any, with regard to the Legacy Act? Ms. Green. Sure. What we were really thinking about there, and this gets a little bit to your question as well, is limiting the type of habitat restoration work we would do to actually just restoration at the site of cleanup. So it is a relatively small expenditure compared to the price of cleaning up a contaminated sediment site, but it is what it would take to return the cleaned up site back to a functioning habitat. For example, in the case of Ruddiman Creek, and this was actually done by the local community, they replanted the creek bank with native grasses and plants and vegetation and got it back to a wetlands state which is what it was before it was dredged. Mr. Kagen. So you would like funding to be ramped up sufficiently to cover the complete restoration of the toxic site. Ms. Green. That is correct. Mr. Kagen. Or Area of Concern, as we call it. Ms. Green. That is correct. Mr. Kagen. Okay, so that is where that stands. Mr. Kuper, I want to thank you for delineating very nicely the different definitions or redefinitions of pick and stick and research. You know whenever a physician takes care of a patient, it is really research. You are getting a prescription, and it might or might not work. It might have some toxic effects. You could call that research, and it might not be covered by your insurance carrier. In much the same way, a pilot project. Have you got any pilot projects in mind? Mr. Kuper. As I responded earlier, the answer is yes, but I would like the opportunity to supply those to you subsequently because there are a lot of people involved in generating these pilot projects. Mr. Kagen. Right. You also highlighted the problem at the level of the toxic site where the local community might have some speed bumps or resistance to joining and applying for a program. If I heard you correctly, you really want everyone to be able to apply for this funding, is that correct, including the responsible parties? Mr. Kuper. That is correct, yes. Mr. Kagen. Is there any reason not to include them? Aren't we really rewarding them for their bad behavior? Mr. Kuper. This is not to replace their obligations. This is in addition to their obligations. Mr. Kagen. So you are focusing on the Area of Concern, on the environment itself and not those who may have caused the problem. Mr. Kuper. Correct. Mr. Kagen. Okay. In terms of local cost-sharing components, how does that factor into a community? Can you give me a specific example? Mr. Davis. I am not sure I understand the question. Mr. Kagen. Well, if the local community has to do cost sharing, can you give me an example where a community may not have applied for the money? Mr. Davis. I think we heard from Gary Gulezian earlier today that while that has not been a barrier up until right now, there is some anticipation that in the future that we could see sites that are not able to apply because of that cost share problem. Mr. Kuper. Congressman, the problem with the answer to your question, which is an excellent question, is that we don't know about a lot of the applications that don't become applications. Mr. Kagen. You can't measure what you don't see. Mr. Kuper. A negative, correct. Mr. Kagen. You can't manage what you can't measure. Is that about it? Mr. Davis. That is correct. We have heard anecdotally that Buffalo may fall into the kind of scenario that you are talking about, Dr. Kagen, where the cost share may be a speed bump. Mr. Kagen. Can you educate me about the participation or nonparticipation of non-Federal contractors? Mr. Kuper. A tough issue, it is a matter of whether or not you can spend money with an expert who may not be a Federal contractor on the same site that Federal contractors are working, and the answer is you can't under the current way the program is administered. It ought to be fixed. Ms. Green. So, say you have a dredge in the water that is being paid for by, say, the State of Minnesota under some other authority and there is a little bit of extra part of the site that could be part of the Legacy Act orphan share, you can't, right now, pay that contractor to do the cleanup. You have to bring in your own federally-funded dredge. It is inefficient, wasteful. Mr. Kagen. I understand. So, if it makes sense, it might not be happening. We should change the legislation so that it makes sense. In the area in which I am familiar with in terms of research projects with NIH or any other kind of funding, it is not uncommon to get funding from a number of different grantors to study the problem of cancer of asthma or any number of other problems. It is the question of commingling of the funds and making sure there is an accurate accounting of the money that Congress, I think, is most interested in. I want to thank you for your testimony. I yield back my time. Ms. Johnson. Thank you very much. With no other questions, we will consider the hearing finished, and we thank you very much for being here to testify. Mr. Davis. Thank you, Chairwoman. Ms. Green. Thank you. Mr. Kuper. Thank you for the opportunity. Ms. Johnson. The Committee is adjourned. 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