[Senate Report 111-283]
[From the U.S. Government Publishing Office]
Calendar No. 554
111th Congress Report
SENATE
2d Session 111-283
======================================================================
GREAT LAKES ECOSYSTEM PROTECTION ACT OF 2010
_______
September 2, 2010--Ordered to be printed
Filed under authority of the order of the Senate of August 5, 2010
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 3073]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 3073) to amend the Federal Water Pollution
Control Act to protect and restore the Great Lakes, having
considered the same, reports favorably thereon and recommends
that the bill, as amended, do pass.
General Statement and Background
The Great Lakes are the largest system of surface
freshwater in the world but the Great Lakes ecosystem faces
many threats. Since 1880, more than 160 non-native aquatic
species have become established in the Great Lakes. Many
habitats and native plants and animals have been compromised,
coastal areas suffer from non-point source pollution and
sediments and fish are contaminated with mercury and other
pollutants.
Section 118 of the Clean Water Act established the U.S.
Environmental Protection Agency (EPA) Great Lakes National
Program Office (GLNPO) and called for the achievement of the
Great Lakes Water Quality Agreement goals: to restore the
chemical, physical, and biological integrity of the Great Lakes
basin. GLNPO coordinates federal, state, tribal, local, and
industry partners in an integrated ecosystem approach to
restore the Great Lakes.
Created by Executive Order 13340 in May 2004, the Great
Lakes Interagency Task Force (Task Force) brings together U.S.
Cabinet and federal agency heads to coordinate the restoration
of the Great Lakes. In December 2004, the Great Lakes Regional
Collaboration (Regional Collaboration) was established, and has
since released a Strategy to Restore and Protect the Great
Lakes and issued an Implementation Framework to describe its
organization. The President requested in his Fiscal Year 2010
budget proposal and Congress appropriated $475 million for a
new EPA-led Great Lakes Restoration Initiative (Initiative)
that targets invasive aquatic species, habitat loss, nonpoint
source pollution, and contaminated sediment. The Initiative
builds on five years of work by the Great Lakes task force and
is guided by the Regional Collaboration Strategy. Neither the
task force nor the regional collaboration has been specifically
authorized by Congress.
S. 3073, as amended, establishes the Great Lakes Leadership
Council to (1) develop and establish Great Lakes protection and
restoration policy; (2) approve long-term goals and objectives
relating to Great Lakes protection and restoration; (3) seek
consensus among government units and stakeholders relating to
Great Lakes protection and restoration; (4) report to Congress,
the President and the public regarding progress on Great Lakes
protection and restoration; and (5) determine which existing
advisory and coordinating committees are duplicative and can be
disbanded.
S. 3073 also authorizes the Task Force and establishes the
Great Lakes Restoration Initiative which will identify programs
and projects that are strategically selected to target the most
significant environmental problems in the Great Lakes
ecosystem.
Objectives of the Legislation
The objective of this legislation is to expand and improve
existing efforts to protect and restore the Great Lakes by
reorganizing the management of Great Lakes protection and
restoration through the establishment of a Great Lakes
Leadership Council, which will develop and coordinate Great
Lakes protection and restoration priorities, and the Great
Lakes Restoration Initiative which will identify programs and
projects that are strategically selected to target the most
significant environmental problems in the Great Lakes
ecosystem, and the reauthorization of the Great Lakes National
Program Office within the Environmental Protection Agency.
Section-by-Section Analysis
Section 1. Short title
Section 1 notes that this Act may be cited as the ``Great
Lakes Ecosystem Protection Act of 2010''.
Section 2. Great Lakes provision modifications
This section describes the purposes of Great Lakes
restoration efforts, creates governance and management
structures, establishes a Great Lakes Restoration Initiative,
and authorizes funding to implement these provisions.
Paragraph (a)(2) amends Section 118(a) of the Federal Water
Pollution Control Act to clarify that the purpose of Section
118(a) is to achieve the goals established in the Great Lakes
Restoration Initiative Plan, the Great Lakes Regional
Collaboration Strategy and the Great Lakes Water Quality
Agreement.
Paragraph (b)(3) creates a framework for Great Lakes
governance and management and establishes a two-tiered
structure to provide input to the restoration priorities for
EPA and other Federal members of the Great Lakes Interagency
Task Force on Great Lakes restoration:
The Great Lakes Leadership Council is established
to (1) develop and establish Great Lakes protection and
restoration policy; (2) approve long-term goals and objectives
relating to Great Lakes protection and restoration; (3) set
annual restoration and protection priorities; (4) seek
consensus among government units and stakeholders relating to
Great Lakes protection and restoration; (5) report to Congress,
the President and the public regarding progress on Great Lakes
protection and restoration; and (6) provide recommendations to
Congress and the President for streamlining the work of
existing advisory and coordinating committees. The Council is
chaired by the EPA Administrator and its membership includes
representatives from Federal, State, Tribal and local
governments.
This section also directs the Council to establish
a Great Lakes Advisory Committee to support and provide advice
to the Council in all of its responsibilities. The Advisory
Committee is specifically tasked with providing recommendations
on the planning, assessment, and reporting efforts of the
Council. The Advisory Committee is also chaired by the EPA
Administrator or her designee and its membership includes
representatives from Federal, State, Tribal and local
governments as well as one representative from the Great Lakes
Commission, International Joint Commission, Great Lakes Fishery
Commission, industry, environment, agriculture, and the
science/academic community.
Paragraph (b)(4) establishes the Great Lakes Restoration
Initiative which will identify programs and projects that are
strategically selected to target the most significant
environmental problems in the Great Lakes ecosystem including:
The remediation of toxic substances and areas
of concern;
The prevention of invasive species and the
mitigation and restoration of invasive species;
The protection and restoration of nearshore
health and the prevention of nonpoint source pollution;
and
Habitat and wildlife protection and
restoration.
This paragraph authorizes $475 million annually to carry
out the Initiative.
Paragraph (b)(5) establishes a Great Lakes Interagency Task
Force, which brings together eleven U.S. Cabinet and federal
agency heads to coordinate restoration of the Great Lakes. The
Task Force was created by an Executive Order in 2004 but does
not have specific statutory authorization. This paragraph would
authorize the task force and ensure that its work is targeting
the priorities and long-term goals established by the Great
Lakes Leadership Council after receiving advice from the Great
Lakes Advisory Committee.
Paragraph (b)(6) consolidates reporting requirements by
requiring a regular report to Congress on Great Lakes
restoration activities and requiring the President to develop
an interagency crosscut budget for the Great Lakes Restoration
Initiative and broader work to protect and restore the Great
Lakes.
Paragraph (b)(7) reauthorizes the Great Lakes Legacy
Program for fiscal years 2011 through 2015 at $150 million per
year. The Great Lakes Legacy Program was first authorized in
2002 to remove contaminated sediment from designated U.S. Areas
of Concern. The Program was reauthorized in 2008 for two years.
Paragraph (c) reauthorizes the Great Lakes National Program
Office (GLNPO) at level funding of $25 million per year for
fiscal years 2011 through 2016. The existing authorization
expired in 2008. GLNPO is the primary federal office overseeing
Great Lakes restoration.
Paragraph (d) indicates nothing in this section or an
amendment made by this section affects the jurisdiction,
powers, prerogatives, or cleanup authority of any Federal,
state, or tribal agency or international body relating to the
Great Lakes.
Legislative History
The Great Lakes Ecosystem Protection Act of 2010 was
introduced by Senator Levin on March 4, 2010 and is co-
sponsored by Senators Voinovich, Klobuchar, Sherrod Brown,
Franken, Stabenow, Durbin, Burris and Casey. The bill was
received, read twice, and referred to the Senate Committee on
Environment and Public Works. On February 24, 2010, the EPW
Full Committee and Water and Wildlife Subcommittee held a joint
hearing entitled, ``Legislative Approaches to Protecting,
Preserving and Restoring Great Water Bodies'' which included
testimony and discussion on related efforts in the Great Lakes.
On June 30, 2010, the Full Committee met to consider a
number of bills including S. 3073. During this meeting, the
Committee adopted an amendment in the nature of a substitute
offered by Senators Voinovich and Klobuchar that made technical
changes and improvements to the bill. S. 3073 was ordered to be
reported favorably with an amendment in the nature of a
substitute by voice vote.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 3073 on June 30, 2010. The bill was ordered to be
reported favorably with an amendment in the nature of a
substitute by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 3073
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee noted that the Congressional
Budget Office (CBO) has found, ``S. 3073 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.''
Congressional Budget Office Cost Estimate
July 19, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3073, the Great
Lakes Ecosystem Protection Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 3073--Great Lakes Ecosystem Protection Act of 2010
Summary: S. 3073 would authorize the appropriation of $475
million annually over the 2011-2015 period for the
Environmental Protection Agency (EPA) to support the Great
Lakes Restoration Initiative, a program that funds projects
targeting invasive aquatic species and nonpoint source
pollution. This legislation also would authorize the
appropriation of $150 million annually over the 2011-2015
period for EPA to fund projects aimed at cleaning up certain
areas of the Great Lakes where contamination has settled into
sediment at the bottom of the lakes. In addition, the bill
would authorize the appropriation of $25 million annually over
that same period for program costs associated with overseeing
projects related to the lakes.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing this legislation would cost $2.8
billion over the 2011-2015 period.
Pay-as-you-go procedures would not apply to this
legislation because it would not affect direct spending or
revenues.
S. 3073 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 3073 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Great Lakes Restoration Initiative:
Authorization Level................................. 475 475 475 475 475 2,375
Estimated Outlays................................... 214 404 475 475 475 2,043
Clean-up Projects:
Authorization Level................................. 150 150 150 150 150 750
Estimated Outlays................................... 68 128 150 150 150 646
Program Costs:
Authorization Level................................. 25 25 25 25 25 125
Estimated Outlays................................... 21 25 25 25 25 121
Total Changes:
Authorization Level............................. 650 650 650 650 650 3,250
Estimated Outlays............................... 303 557 650 650 650 2,810
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
3073 will be enacted near the beginning of fiscal year 2011,
that specified amounts will be appropriated in each year
starting in 2011, and that outlays will follow historical
spending patterns for similar programs.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: S. 3073
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Susanne S. Mehlman;
Impact on State, Local, and Tribal Governments: Ryan Miller;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 101. (a) The objective of this Act is to restore and
maintain the chemical, physical, and biological integrity of
the Nation's waters. In order to achieve this objective it is
hereby declared that, consistent with the provisions of this
Act--
(1) * * *
* * * * * * *
SEC. 118. GREAT LAKES.
(a) Findings, Purpose, and Definitions.--
(1) Findings.--The Congress finds that--
(A) the Great Lakes are a valuable national
resource, continuously serving the people of
the United States and other nations as an
important source of food, fresh water,
recreation, beauty, and enjoyment;
[(B) the United States should seek to attain
the goals embodied in the Great Lakes Water
Quality Agreement of 1978, as amended by the
Water Quality Agreement of 1987 and any other
agreements and amendments, with particular
emphasis on goals related to toxic pollutants;
and]
(B) the United States should seek to attain
the goals embodied in the Great Lakes
Restoration Initiative Action Plan, the Great
Lakes Regional Collaboration Strategy, and the
Great Lakes Water Quality Agreement; and
(C) the Environmental Protection Agency
should take the lead in the effort to meet
those goals, working with other Federal
agencies and State, tribal, and local
authorities.
[(2) Purpose.--It is the purpose of this section to
achieve the goals embodied in the Great Lakes Water
Quality Agreement of 1978, as amended by the Water
Quality Agreement of 1987 and any other agreements and
amendments, through improved organization and
definition of mission on the part of the Agency,
funding of State grants for pollution control in the
Great Lakes area, and improved accountability for
implementation of such agreement.]
(2) Purpose.--The purpose of this section is to
achieve the goals established in the Great Lakes
Restoration Initiative Action Plan, the Great Lakes
Regional Collaboration Strategy, and the Great Lakes
Water Quality Agreement through--
(A) improved organization and definition of
mission on the part of the Agency;
(B) the funding of grants, contracts, and
interagency agreements for protection,
restoration, and pollution control in the Great
Lakes area; and
(C) improved accountability.
(3) Definitions.--For purposes of this section, the
term--
(A) ``Agency'' means the Environmental
Protection Agency;
(B) ``Great Lakes'' means Lake Ontario, Lake
Erie, Lake Huron (including Lake St. Clair),
Lake Michigan, and Lake Superior, and the
connecting channels (Saint Mary's River, Saint
Clair River, Detroit River, Niagara River, and
Saint Lawrence River to the Canadian Border);
(C) ``Great Lakes System'' means all the
streams, rivers, lakes, and other bodies of
water within the drainage basin of the Great
Lakes;
(D) ``Program Office'' means the Great Lakes
National Program Office established by this
section;
(E) ``Research Office'' means the Great Lakes
Research Office established by subsection (d);
(F) ``area of concern'' means a geographic
area located within the Great Lakes, in which
beneficial uses are impaired and which has been
officially designated as such under Annex 2 of
the Great Lakes Water Quality Agreement;
(G) ``Great Lakes States'' means the States
of Illinois, Indiana, Michigan, Minnesota, New
York, Ohio, Pennsylvania, and Wisconsin;
[(H) ``Great Lakes Water Quality Agreement''
means the bilateral agreement, between the
United States and Canada which was signed in
1978 and amended by the Protocol of 1987;]
(H) ``Great Lakes Water Quality Agreement''
means the bilateral `Agreement on Great Lakes
water quality, 1978' between the United States
and Canada, signed at Ottawa on November 22,
1978 (30 U.S.T. 1383; TIAS 9257), amended
October 16, 1983 (TIAS 10798) and November 18,
1987 (TIAS 11551);
* * * * * * *
(c) Great Lakes Management.--
(1) Functions.--The Program Office shall--
(A) in cooperation with appropriate Federal,
State, tribal, and international agencies, and
in accordance with section 101(e) of this Act,
develop and implement specific action plans to
carry out the responsibilities of the United
States under the Great Lakes Water Quality
Agreement of 1978, as amended by the Water
Quality Agreement of 1987 and any other
agreements and amendments[,;];
(B) establish a Great Lakes system-wide
surveillance network to monitor the water
quality of the Great Lakes, with specific
emphasis on the monitoring of toxic pollutants;
(C) provide the support described in
paragraph (6);
(D) coordinate with the Great Lakes
Interagency Task Force, as required under
paragraph (8);
[(C)](E) serve as the liaison with, and
provide information to, the Canadian members of
the International Joint Commission and the
Canadian counterpart to the Agency;and
[(D)](F) coordinate actions of the Agency
(including actions by headquarters and regional
offices thereof) aimed at improving Great Lakes
water quality[; and].
[(E) coordinate actions of the Agency with
the actions of other Federal agencies and State
and local authorities, so as to ensure the
input of those agencies and authorities in
developing water quality strategies and obtain
the support of those agencies and authorities
in achieving the objectives of such agreement.]
* * * * * * *
(3) Remedial action plans.--
(A) For each area of concern for which the
United States has agreed to draft a Remedial
Action Plan, the Program Office shall ensure
that the Great Lakes State in which such area
of concern is located--
(i) submits a Remedial Action Plan to
the Program Office by June 30, 1991;
(ii) submits such Remedial Action
Plan to the International Joint
Commission by January 1, 1992; and
(iii) includes such Remedial Action
Plans within the State's water quality
plan by January 1, 1993.
(B) For each area of concern for which Canada
has agreed to draft a Remedial Action Plan, the
Program Office shall, pursuant to subparagraph
(c)(1)(C) of this section, work with Canada to
assure the submission of such Remedial Action
Plans to the International Joint Commission by
June 30, 1991, and to finalize such Remedial
Action Plans by January 1, 1993.
(C) For any area of concern designated as
such subsequent to the enactment of this Act,
the Program Office shall (i) if the United
States has agreed to draft the Remedial Action
Plan, ensure that the Great Lakes State in
which such area of concern is located submits
such Plan to the Program Office within two
years of the area's designation, submits it to
the International Joint Commission no later
than six months after submitting it to the
Program Office, and includes such Plan in the
State's water quality plan no later than one
year after submitting it to the Commission; and
(ii) if Canada has agreed to draft the Remedial
Action Plan, work with Canada, pursuant to
[subparagraph (c)(1)(C) of this
section]paragraph (1)(E), to ensure the
submission of such Plan to the International
Joint Commission within two years of the area's
designation and the finalization of such Plan
no later than eighteen months after submitting
it to such Commission.
* * * * * * *
[(6) 5-year plan and program.--The Program Office
shall develop, in consultation with the States, a five-
year plan and program for reducing the amount of
nutrients introduced into the Great Lakes. Such program
shall incorporate any management program for reducing
nutrient runoff from nonpoint sources established under
section 319 of this Act and shall include a program for
monitoring nutrient runoff into, and ambient levels in,
the Great Lakes.]
(6) Great lakes governance and management.--
(A) Great lakes leadership council.--
(i) Establishment.--There is
established a council, to be known as
the Great Lakes Leadership Council
(referred to in this paragraph as the
`Council').
(ii) Duties.--The Council shall--
(I) not later than 1 year
after the date of establishment
of the Council and every 5
years thereafter--
(aa) review the Great
Lakes Regional
Collaboration Strategy;
and
(bb) if the Council
determines revisions
are necessary, revise
the Strategy to reflect
the most comprehensive
scientific information
available and ensure
the Great Lakes
Restoration Initiative
Action Plan reflects
those revisions;
(II) establish annual
priorities with respect to
Great Lakes protection and
restoration, including
priorities for the Great Lakes
Restoration Initiative;
(III) submit to Congress, the
President, and the public an
annual report describing
progress made during the
reporting period with respect
to Great Lakes protection and
restoration;
(IV) make recommendations to
the Administrator and the
Secretary of State regarding--
(aa) a process for
participation in
relevant international
forums, such as the
Great Lakes Water
Quality Agreement; and
(bb) whether any
existing advisory
committees are
duplicative and should
be replaced; and
(V) make recommendations to
Congress and the President for
streamlining the work of
existing advisory and
coordinating committees (such
as the Great Lakes Regional
Collaboration and the United
States Policy Committee),
including a recommendation for
eliminating any such entity if
the work of the entity--
(aa) is duplicative;
or
(bb) complicates the
protection and
restoration of the
Great Lakes.
(iii) Budget priorities and funding
levels.--Non-Federal members of the
Council shall provide input annually to
the Council and the Great Lakes
Interagency Task Force on Federal
budget priorities and funding levels
for Great Lakes protection and
restoration, including the Great Lakes
Restoration Initiative.
(iv) Membership.--
(I) In general.--The
membership of the Council shall
include--
(aa) 8 heads of
Federal departments and
agencies that
participate in the
Great Lakes Interagency
Task Force established
under paragraph (8), to
be appointed by the
President and
periodically rotated as
the President
determines to be
appropriate,
including--
(AA) the
Administrator;
(BB) the
Chief of
Engineers;
(CC) the
Secretary of
the Interior;
(DD) the
Secretary of
Agriculture;
(EE) the
Secretary of
Commerce;
(FF) the
Secretary of
Energy; and
(GG) the
Secretary of
State;
(bb) the governors of
the Great Lake States;
(cc) 8
representatives of
tribal governments, to
be appointed--
(AA) by the
Indian tribes
located in the
Great Lakes
basin in the
United States;
and
(BB) to the
maximum extent
practicable, in
a manner that
ensures that
the tribal
governments are
geographically
representative
of the Great
Lakes basin;
and
(dd) 8 mayors,
including mayors
participating in the
Great Lakes and St.
Lawrence Cities
Initiative, to be
appointed--
(AA) by the
mayors of areas
located in the
Great Lakes
basin in the
United States;
and
(BB) to the
maximum extent
practicable, in
a manner that
ensures that
the mayors are
geographically
representative
of the Great
Lakes basin.
(II) Chairperson.--The
Administrator shall serve as
chairperson of the Council.
(III) Secretary.--The
Director of the Program Office
shall serve as secretary of,
and provide administrative
support to, the Council.
(IV) Observer members.--The
membership of the Council--
(aa) shall include 1
observer member from
each of--
(AA) the
International
Joint
Commission;
(BB) the
Great Lakes
Fishery
Commission; and
(CC) the
Great Lakes
Commission; and
(bb) may include 1
observer member from
Canada.
(v) Committees.--The Council may
establish such committees (including
the Great Lakes Advisory Committee, in
accordance with subparagraph (B)(i)) as
the Council determines to be
appropriate for issues including--
(I) executive issues;
(II) science issues;
(III) implementation issues;
and
(IV) funding issues.
(vi) Meetings.--
(I) In general.--The Council
shall meet not less frequently
than once each year.
(II) Open to public.--The
meetings of the Council shall
be held open to the public.
(vii) Operation.--The Council shall
operate on a consensus basis.
(viii) Costs.--The Agency shall pay
the operating costs of the Council.
(B) Great lakes advisory committee.--
(i) Establishment.--The Council shall
establish a committee, to be known as
the `Great Lakes Advisory Committee'.
(ii) Duties.--The Great Lakes
Advisory Committee shall--
(I) submit reports and
information to the Council,
including recommendations
regarding issues relevant to
the planning, assessment, and
reporting duties of the
Council; and
(II) provide advice to the
Council on--
(aa) monitoring
implementation
activities relating to
Great Lakes management;
and
(bb) other relevant
Great Lakes issues.
(iii) Membership.--
(I) Membership.--The Great
Lakes Advisory Committee shall
consist of--
(aa) 4 members
representing the
membership of the
Council, of which 1
member shall be
appointed by each unit
of government
(including Federal
agencies, States, units
of local government,
and Indian tribes)
included in the
membership of the
Council;
(bb) 1 member who
shall be appointed by
the Great Lakes
Commission;
(cc) 1 member who
shall be appointed by
the International Joint
Commission;
(dd) 1 member who
shall be appointed by
the Great Lakes Fishery
Commission;
(ee) 1 member who
shall be a
representative of the
environmental community
in the Great Lakes, to
be appointed by the
Administrator, after
soliciting advice from
that community;
(ff) 1 member who
shall be a
representative of the
agricultural community,
to be appointed by the
Administrator, after
soliciting advice from
that community;
(gg) 1 member who
shall be a
representative of Great
Lakes industry, to be
appointed by the
Administrator, after
soliciting advice from
that industry;
(hh) 1 member who
shall be a
representative of the
scientific community,
to be appointed by the
Administrator, after
soliciting advice from
that community; and
(ii) if the member is
appointed under
subparagraph
(A)(iv)(IV)(bb), 1
member who shall be a
representative of
Canada, as an observer
member.
(II) Chairperson.--The
Administrator (or a designee)
shall serve as chairperson of
the Great Lakes Advisory
Committee.
(III) Secretary.--The
Director of the Program Office
(or a designee) shall serve as
secretary of, and provide
administrative support to, the
Great Lakes Advisory Committee.
(iv) Meetings.--
(I) In general.--The Great
Lakes Advisory Committee shall
meet not less frequently than
every 180 days.
(II) Open to public.--
(aa) In general.--
Subject to item (bb),
the meetings of the
Great Lakes Advisory
Committee shall be held
open to the public.
(bb) Executive
sessions.--The Great
Lakes Advisory
Committee may hold
executive sessions that
are closed to the
public.
(v) Operation.--The Great Lakes
Advisory Committee shall operate on a
consensus basis.
(vi) Costs.--The Agency shall pay the
operating costs of the Great Lakes
Advisory Committee.'';
(7) Great lakes restoration initiative.--
(A) Findings.--Congress finds that--
(i) the goal of the Great Lakes
program of the Agency is to restore and
maintain the chemical, physical, and
biological integrity of the Great Lakes
basin ecosystem; and
(ii) in 2010, the Agency, in
coordination with Federal partners,
will commence implementation of a new
Great Lakes Restoration Initiative
(referred to in this paragraph as the
`Initiative'), which will--
(I) identify programs and
projects that are strategically
selected to target the most
significant environmental
problems in the Great Lakes
ecosystem;
(II) be based on the work
of--
(aa) the Great Lakes
Interagency Task Force
established by
paragraph (8)(A); and
(bb) the Great Lakes
Leadership Council,
stakeholders, and
nongovernmental
partners; and
(III) represent the
commitment of the Federal
Government to significantly
advancing Great Lakes
protection and restoration.
(B) Priority.--The Initiative shall give
priority to work done by non-Federal partners
using funding made available for the Great
Lakes for priority areas for each fiscal year,
such as--
(i) the remediation of toxic
substances and areas of concern;
(ii)(I) the prevention of invasive
species; and
(II) the mitigation and restoration
of the impacts of invasive species;
(iii)(I) the protection and
restoration of nearshore health; and
(II) the prevention of nonpoint
source pollution;
(iv) habitat and wildlife protection
and restoration;
(v) accountability, monitoring,
evaluation, communication, and
partnership activities; and
(vi) other areas prioritized by the
Council.
(C) Projects.--Pursuant to the Initiative,
the Agency shall consult with Federal partners
and take into consideration the recommendations
of the Council to select the best combination
of programs and projects for Great Lakes
protection and restoration using principles and
criteria such as--
(i) the ability to achieve strategic
and measurable environmental outcomes;
(ii) the feasibility of--
(I) prompt implementation;
(II) timely achievement of
results; and
(III) the ability to leverage
resources; and
(iii) opportunities for interagency
and interorganizational coordination
and collaboration.
(D) Implementation of projects.--
(i) In general.--Funds made available
to carry out the Initiative shall be
used to strategically implement--
(I) Federal projects; and
(II) projects carried out in
coordination with States,
Indian tribes, municipalities,
institutions of higher
education, and other
organizations.
(ii) Transfer of funds.--Of amounts
made available for environmental
programs and management for the Great
Lakes Restoration Initiative, the
Administrator may--
(I) transfer not more than
$475,000,000 to the head of any
Federal department or agency,
with the concurrence of the
department or agency head, to
carry out activities to support
the Great Lakes Restoration
Initiative and the Great Lakes
Water Quality Agreement;
(II) enter into an
interagency agreement with the
head of any Federal department
or agency to carry out
activities described in
subclause (I); and
(III) make grants to
governmental entities,
nonprofit organizations,
institutions, and educational
institutions for use in
carrying out planning,
research, monitoring, outreach,
training, studies, surveys,
investigations, experiments,
demonstration projects, and
implementation relating to the
activities described in
subclause (I).
(E) Scope.--
(i) In general.--Projects shall be
carried out pursuant to the Initiative
on multiple levels, including--
(I) local;
(II) Great Lake-wide; and
(III) Great Lakes basin-wide.
(ii) Limitation.--No funds made
available to carry out the Initiative
may be used for any water
infrastructure activity (other than a
green infrastructure project that
improves habitat and other ecosystem
functions in the Great Lakes) for which
amounts are made available from--
(I) a State water pollution
control revolving fund
established under title VI; or
(II) a State drinking water
revolving loan fund established
under section 1452 of the Safe
Drinking Water Act (42 U.S.C.
300j-12).
(F) Activities by other federal agencies.--
Each relevant Federal department and agency
shall, to the maximum extent practicable--
(i) maintain the base level of
funding for the Great Lakes activities
of the agency; and
(ii) identify new activities and
projects to support the environmental
goals of the Initiative.
(G) Funding.--
(i) Authorization of
appropriations.--There is authorized to
be appropriated to carry out the
Initiative $475,000,000 for each of
fiscal years 2011 through 2016.
(ii) Partnerships.--Of the amounts
made available to carry out the
Initiative, the Administrator shall
transfer expeditiously to the Federal
partners of the Initiative such sums as
are necessary for subsequent use and
distribution by the Federal partners in
accordance with this section.
* * * * * * *
[(8) Administrator's responsibility.--The
Administrator shall ensure that the Program Office
enters into agreements with the various organizational
elements of the Agency involved in Great Lakes
activities and the appropriate State agencies
specifically delineating--
[(A) the duties and responsibilities of each
such element in the Agency with respect to the
Great Lakes;
[(B) the time periods for carrying out such
duties and responsibilities; and
[(C) the resources to be committed to such
duties and responsibilities.]
(8) Great lakes interagency task force.--
(A) Establishment.--There is established a
task force, to be known as the `Great Lakes
Interagency Task Force' as described in
Executive Order 13340 (33 U.S.C. 1268 note) and
relating to establishment of Great Lakes
Interagency Task Force and promotion of
regional collaboration of national significance
for Great Lakes.
(B) Coordination.--The Program Office shall
coordinate, to the maximum extent practicable,
with the Great Lakes Interagency Task Force.
(C) Duties.--The Great Lakes Interagency Task
Force shall--
(i) collaborate with Canada,
provinces of Canada, and binational
bodies involved in the Great Lakes
region regarding policies, strategies,
projects, and priorities for the Great
Lakes System;
(ii)(I) coordinate the development of
Federal policies, strategies, projects,
and priorities for addressing the
restoration and protection of the Great
Lakes System consistent with--
(aa) the Great Lakes Regional
Collaboration Strategy;
(bb) Great Lakes Restoration
Initiative Action Plan;
(cc) the Great Lakes Water
Quality Agreement; and
(dd) Federal implementation
of recommendations of the Great
Lakes Leadership Council; and
(II) assist in the appropriate
management of the Great Lakes System;
(iii) develop outcome-based goals for
the Great Lakes System (relying on
existing data and science-based
indicators of water quality, related
environmental factors, and other
information) that--
(I) focus on outcomes such as
cleaner water, sustainable
fisheries, and biodiversity of
the Great Lakes System;
(II) ensure that Federal
policies, strategies, projects,
and priorities support
measurable results; and
(III) are consistent with the
Great Lakes Regional
Collaboration Strategy and the
Great Lakes Restoration
Initiative Action Plan;
(iv) exchange information regarding
policies, strategies, projects, and
activities of the agencies represented
on the Task Force relating to--
(I) the Great Lakes System;
(II) the Great Lakes Regional
Collaboration Strategy; and
(III) the Great Lakes
Restoration Initiative Action
Plan;
(v) coordinate government action
associated with the Great Lakes System;
(vi) ensure coordinated Federal
scientific and other research
associated with the Great Lakes System;
and
(vii) provide assistance and support
to agencies represented on the Task
Force in activities relating to the
Great Lakes System.
* * * * * * *
[(10) Comprehensive report.--Within 90 days after the
end of each fiscal year, the Administrator shall submit
to Congress a comprehensive report which--
[(A) describes the achievements in the
preceding fiscal year in implementing the Great
Lakes Water Quality Agreement of 1978 and shows
by categories (including judicial enforcement,
research, State cooperative efforts, and
general administration) the amounts expended on
Great Lakes water quality initiatives in such
preceding fiscal year;
[(B) describes the progress made in such
preceding fiscal year in implementing the
system of surveillance of the water quality in
the Great Lakes System, including the
monitoring of groundwater and sediment, with
particular reference to toxic pollutants;
[(C) describes the long-term prospects for
improving the condition of the Great Lakes; and
[(D) provides a comprehensive assessment of
the planned efforts to be pursued in the
succeeding fiscal year for implementing the
Great Lakes Water Quality Agreement of 1978,
which assessment shall--
[(i) show by categories (including
judicial enforcement, research, State
cooperative efforts, and general
administration) the amount anticipated
to be expended on Great Lakes water
quality initiatives in the fiscal year
to which the assessment relates; and
[(ii) include a report of current
programs administered by other Federal
agencies which make available resources
to the Great Lakes water quality
management efforts.]
(10) Reports.--
(A) Annual comprehensive restoration
report.--Not later than 90 days after the end
of each fiscal year, the Administrator shall
submit to Congress and make publicly available
a comprehensive report on the overall health of
the Great Lakes that includes--
(i) a description of the achievements
during the fiscal year in implementing
the Great Lakes Water Quality Agreement
and any other applicable agreements and
amendments that--
(I) demonstrate, by category
(including categories for
judicial enforcement, research,
State cooperative efforts, and
general administration) the
amounts expended on Great Lakes
water quality initiatives for
the fiscal year;
(II) describe the progress
made during the fiscal year in
implementing the system of
surveillance of the water
quality in the Great Lakes
System, including the
monitoring of groundwater and
sediment, with a particular
focus on toxic pollutants;
(III) describe the prospects
of meeting the goals and
objectives of the Great Lakes
Water Quality Agreement; and
(IV) provide a comprehensive
assessment of the planned
efforts to be pursued in the
succeeding fiscal year for
implementing the Great Lakes
Water Quality Agreement and any
other applicable agreements and
amendments that--
(aa) indicate, by
category (including
categories for judicial
enforcement, research,
State cooperative
efforts, and general
administration) the
amount anticipated to
be expended on Great
Lakes water quality
initiatives for the
applicable fiscal year;
and
(bb) include a report
on programs
administered by other
Federal agencies that
make resources
available for Great
Lakes water quality
management efforts;
(ii) a detailed list of
accomplishments of the Great Lakes
Restoration Initiative with respect to
each organizational element of the
Initiative and the means by which
progress will be evaluated;
(iii) recommendations for
streamlining the work of existing
advisory and coordinating committees
(such as the Great Lakes Regional
Collaboration and the United States
Policy Committee), including a
recommendation for eliminating any such
entity if the work of the entity--
(I) is duplicative; or
(II) complicates the
protection and restoration of
the Great Lakes; and
(iv) with respect to each priority
established under paragraph
(6)(A)(ii)(II) and recommendation
submitted under clauses (ii)(IV) and
(iii) of paragraph (6)(A) by the Great
Lakes Leadership Council during the
fiscal year, the reasons why the
Administrator implemented, or did not
implement, the priorities and
recommendations.
(B) Crosscut budget.--Not later than 45 days
after the date of submission of the budget of
the President to Congress, the Director of the
Office of Management and Budget, in
coordination with the Governor of each Great
Lakes State and the Great Lakes Interagency
Task Force, shall submit to Congress and make
publicly available a financial report,
certified by the head of each agency that has
budget authority for Great Lakes restoration
activities, containing--
(i) an interagency budget crosscut
report that--
(I) describes the budget
proposed, including funding
allocations by each agency for
the Great Lakes Restoration
Initiative;
(II) identifies any
adjustments from the budget
request;
(III) identifies the funding
in any amount for each of the
Federal agencies that carry out
restoration and protection
activities in the subsequent
fiscal year, separately
reporting the amount of funding
to be provided under each law
pertaining to the agency;
(IV) compares specific
funding levels allocated for
participating Federal agencies
from fiscal year to fiscal
year; and
(V) identifies all
expenditures since fiscal year
2004 by the Federal Government
and State governments for Great
Lakes restoration activities;
(ii) a detailed accounting of all
funds received and obligated by all
Federal agencies and, to the maximum
extent practicable, State agencies
using Federal funds, for Great Lakes
restoration activities during the
current and previous fiscal years;
(iii) a budget for the proposed
projects (including a description of
the project, authorization level, and
project status) to be carried out in
the subsequent fiscal year with the
Federal share of funds for activities;
and
(iv) a listing of all projects to be
undertaken in the subsequent fiscal
year with the Federal share of funds
for activities.
* * * * * * *
(12) Remediation of sediment contamination in areas
of concern.--
(A) In general.--* * *
* * * * * * *
(H) Authorization of appropriations.--
[(i) In general.--In addition to
other amounts authorized under this
section, there is authorized to be
appropriated to carry out this
paragraph $50,000,000 for each of
fiscal years 2004 through 2010.]
(i) Authorization.--In addition to
other amounts authorized to be
appropriated pursuant to this section,
there are authorized to be appropriated
to carry out this paragraph--
(I) $50,000,000 for each of
fiscal years 2004 through 2010;
and
(II) $150,000,000 for each of
fiscal years 2011 through 2015.
(ii) Availability.--Funds made
available under clause (i) shall remain
available until expended.
(iii) Allocation of funds.--Not more
than 20 percent of the funds
appropriated pursuant to clause (i) for
a fiscal year may be used to carry out
subparagraph (F).
* * * * * * *
(h) Authorizations of Great Lakes Appropriations.--[There
are authorized]
(1) In general.--There are authorized to be
appropriated to the Administrator to carry out this
section not to exceed--
[(1)](A) $11,000,000 per fiscal year for the
fiscal years 1987, 1988, 1989, and 1990, and
$25,000,000 for fiscal year 1991;
[(2)](B) such sums as are necessary for each
of fiscal years 1992 through 2003; and
[(3)](C) $25,000,000 for each of fiscal years
2004 through 2008.
(2) Program office.--There is authorized to be
appropriated to the Program Office to carry out this
section $25,000,000 for each of fiscal years 2011
through 2016.
* * * * * * *