[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2129 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2129

      To improve the coordination of programs for the Great Lakes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2005

Mr. Ehlers (for himself, Mr. Kirk, Mr. Dingell, Mr. Petri, Mr. Kildee, 
 Mr. Upton, Mr. Evans, Mr. Camp, Mr. Levin, Ms. Kaptur, Ms. Slaughter, 
  Mr. McHugh, Mr. LaHood, Mr. Kind, Ms. Kilpatrick of Michigan, Mrs. 
 Jones of Ohio, Mr. Johnson of Illinois, and Mr. McCotter) introduced 
      the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committees on 
 Resources, Agriculture, and Science, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
      To improve the coordination of programs for the Great Lakes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as ``Great Lakes Environmental Protection and 
Restoration Programs Reauthorization Act'' .

SEC. 2. GREAT LAKES DEFINED.

    For purposes of this Act, the term ``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).

                   TITLE I--FUNDING REAUTHORIZATIONS

SEC. 101. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION.

    Section 506(g) of the Water Resources Development Act of 2000 (42 
U.S.C. 1962d-22) is amended--
            (1) by striking paragraph (2); and
            (2) inserting the following:
            ``(2) There are authorized to carry out paragraphs (2) and 
        (3) of subsection (c)--
                    ``(A) $20,000,000 for fiscal year 2006;
                    ``(B) $35,000,000 for fiscal year 2007;
                    ``(C) $50,000,000 for fiscal year 2008;
                    ``(D) $70,000,000 for fiscal year 2009;
                    ``(E) $90,000,000 for fiscal year 2010; and
                    ``(F) $110,000,000 for fiscal year 2011.''.

SEC. 102. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT REMEDIATION.

    Section 401 of the Water Resources Development Act of 1990 (33 
U.S.C. 1268nt) is amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $25,000,000 for fiscal year 2006;
            ``(2) $50,000,000 for fiscal year 2007;
            ``(3) $75,000,000 for fiscal year 2008;
            ``(4) $100,000,000 for fiscal year 2009;
            ``(5) $125,000,000 for fiscal year 2010; and
            ``(6) $150,000,000 for fiscal year 2011.''.

SEC. 103. SEDIMENT MANAGEMENT.

    Section 516(g) of the Water Resources Development Act of 1996 (33 
U.S.C. 2326b) is amended--
            (1) by striking paragraph (2); and
            (2) by inserting the following:
            ``(2) Great lakes tributary model.--In addition to any 
        amounts made available under paragraph (1), there are 
        authorized to be appropriated to carry out subsection (e) 
        $10,000,000 for each of fiscal years 2006 through 2011.''.

SEC. 104. GREAT LAKES BASIN PROGRAM FOR SOIL EROSION AND SEDIMENT 
              CONTROL.

    Subsection (c) of section 1240P of the Food Security Act of 1985 
(16 U.S.C. 3839bb-3) is amended to read as follows:
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out the program the following 
amounts:
            ``(1) $5,000,000 for each of fiscal years 2002 through 
        2006.
            ``(2) $10,000,000 for fiscal year 2007.
            ``(3) $15,000,000 for fiscal year 2008.
            ``(4) $20,000,000 for fiscal year 2009.
            ``(5) $25,000,000 for fiscal year 2010.
            ``(6) $30,000,000 for fiscal year 2011.''.

SEC. 105. GREAT LAKES LEGACY ACT.

    (a) Remediation of Sediment Contamination in Areas of Concern.--
Clause (i) of section 118(c)(12)(H) is amended to read as follows:
    ``(i) In General.--In addition to other amounts authorized under 
this section, there are authorized to be appropriated to carry out this 
paragraph--
            ``(1) $80,000,000 for fiscal year 2006;
            ``(2) $100,000,000 for fiscal year 2007;
            ``(3) $150,000,000 for fiscal year 2008;
            ``(4) $200,000,000 for fiscal year 2009;
            ``(5) $250,000,000 for fiscal year 2010; and
            ``(6) $350,000,000 for fiscal year 2011.''.
    (b) Research and Development Program.--Section 106(b)(1) of the 
Great Lakes and Lake Champlain Act of 2002 (33 U.S.C. 1271a(b)(1)) is 
amended to read as follows:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section--
                    ``(A) $10,000,000 for fiscal year 2006;
                    ``(B) $15,000,000 for each of fiscal years 2007 and 
                2008; and
                    ``(C) $20,000,000 for each of fiscal years 2009 
                through 2011''.

SEC. 106. GREAT LAKES NATIONAL PROGRAM OFFICE.

    Subsection (h) of section 118 of the Federal Water Pollution 
Control Act (33 U.S.C. 1268(h)) is amended to read as follows:
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $40,000,000 for fiscal year 2006;
            ``(2) $50,000,000 for fiscal year 2007;
            ``(3) $70,000,000 for fiscal year 2008;
            ``(4) $100,000,000 for fiscal year 2009;
            ``(5) $140,000,000 for fiscal year 2010; and
            ``(6) $190,000,000 for fiscal year 2011.''.

SEC. 107. DEPARTMENT OF THE INTERIOR PROGRAMS RELATING TO GREAT LAKES 
              FISHERIES RESTORATION.

    (a) Great Lakes Fish and Wildlife Restoration Program.--To develop 
and implement proposals for restoring fish and wildlife resources in 
the Great Lakes Basin under the Great Lakes Fish and Wildlife 
Restoration Act of 1990 (16 U.S.C. 941 et seq.), and to encourage 
cooperative conservation, restoration, and management of fish and 
wildlife resources and their habitats under such Act, there are 
authorized to be appropriated to the Secretary of the Interior--
            (1) for activities of the Great Lakes Coordination Office--
                    (A) $4,000,000 for fiscal years 2006 and 2007;
                    (B) $5,000,000 for fiscal years 2008 and 2009; and
                    (C) $6,000,000 for fiscal years 2010 and 2011; and
            (2) to implement proposals for the restoration of fish and 
        wildlife resources--
                    (A) $5,000,000 for fiscal year 2006;
                    (B) $10,000,000 for fiscal year 2007;
                    (C) $15,000,000 for fiscal year 2008;
                    (D) $20,000,000 for fiscal year 2009;
                    (E) $25,000,000 for fiscal year 2010; and
                    (F) $30,000,000 for fiscal year 2011.
    (b) Lower Great Lakes Fisheries Research.--To coordinate and fund 
programs for research on fisheries and ecosystems in the Lower Great 
Lakes under the Great Lakes Fish and Wildlife Restoration Act of 1990 
(16 U.S.C. 941 et seq.), there are authorized to be appropriated to the 
Secretary of the Interior--
            (1) for the activities of the Great Lakes Coordination 
        Office, the Upper Great Lakes Fishery Resources Office, and the 
        Lower Great Lakes Fishery Resources Office--
                    (A) $4,000,000 for each of fiscal years 2006 and 
                2007;
                    (B) $5,000,000 for each of fiscal years 2008 and 
                2009; and
                    (C) $6,000,000 for each of fiscal years 2010 and 
                2011; and
            (2) for implementation of fish and wildlife restoration 
        research--
                    (A) $5,000,000 for fiscal year 2006;
                    (B) $10,000,000 for fiscal year 2007;
                    (C) $15,000,000 for fiscal year 2008;
                    (D) $20,000,000 for fiscal year 2009; and
                    (E) $25,000,000 for each of fiscal years 2010 and 
                2011.

                       TITLE II--RESEARCH PROGRAM

SEC. 201. RESEARCH REAUTHORIZATIONS.

    Section 118(e) of the Federal Water Pollution Control Act (33 
U.S.C. 1268(e)) is amended--
            (1) by striking subsection (e) and inserting the following:
    ``(e) Research and Management Coordination.--
            ``(1) Joint plan.--Before October 1 of each year, the 
        Program Office and the Research Office shall prepare and submit 
        to the Executive Committee of the Regional Collaboration a 
        joint research plan for the fiscal year which begins in the 
        following calendar year. The plan shall be transmitted to 
        Congress at the time of transmission of the President's annual 
        budget request.
            ``(2) Contents of plan.--Each plan prepared under paragraph 
        (1) shall--
                    ``(A) identify all proposed research dedicated to 
                activities conducted 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) include the Regional Collaboration's 
                assessment of priorities for research needed to fulfill 
                the terms of such Agreement; and
                    ``(C) identify all proposed research that may be 
                used to develop a comprehensive environmental data base 
                for the Great Lakes System and establish priorities for 
                development of such data base. ''.

SEC. 202. GREAT LAKES SCIENCE CENTER.

    There are authorized to be appropriated to the Director of the 
United States Geological Survey, for use by the Great Lakes Science 
Center, to carry out research activities that advance scientific 
knowledge and provide scientific information for restoring, enhancing, 
managing, and protecting the living marine resources and habitats in 
the Great Lakes basin ecosystem the following:
            (1) $20,000,000 for fiscal year 2006.
            (2) $40,000,000 for fiscal year 2007.
            (3) $60,000,000 for each of fiscal years 2008 through 2011.

SEC. 203. GREAT LAKES ENVIRONMENTAL RESEARCH LABORATORY.

    (a) Authorizations.--Section 118(h) of the Federal Water Pollution 
Control Act (33 U.S.C. 1268(h)) is amended --
            (1) by inserting ``, for use by the Research Office,'' 
        after ``Administrator'';
            (2) by striking ``and'' at the end of paragraph (2); and
            (3) by striking paragraph (3) and inserting the following:
            ``(3) $25,000,000 for fiscal year 2005;
            ``(4) $30,000,000 for fiscal year 2006;
            ``(5) $70,000,000 for fiscal year 2007;
            ``(6) $100,000,000 for fiscal year 2008;
            ``(7) $100,000,000 for fiscal year 2009;
            ``(8) $100,000,000 for fiscal year 2010; and
            ``(9) $100,000,000 for fiscal year 2011.''.
    (b) Grants.--Section 118(d)(6) of the Federal Water Pollution 
Control Act (33 U.S.C.) is amended by adding at the end the following: 
``The Laboratory may provide grants for such research and monitoring 
activities.''.

            TITLE III--STATE REVOLVING FUNDS FOR CLEAN WATER

SEC. 301. REFERENCES.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.).

SEC. 302. TECHNICAL ASSISTANCE.

    (a) Technical Assistance for Rural and Small Treatment Works.--
Section 104(b) (33 U.S.C. 1254(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) make grants to nonprofit organizations--
                    ``(A) to provide technical assistance to rural and 
                small municipalities for the purpose of assisting, in 
                consultation with the State in which the assistance is 
                provided, such municipalities in the planning, 
                developing, and acquisition of financing for wastewater 
                infrastructure assistance;
                    ``(B) to capitalize revolving loan funds for the 
                purpose of providing loans, in consultation with the 
                State in which the assistance is provided, to rural and 
                small municipalities for predevelopment costs 
                associated with wastewater infrastructure projects or 
                short-term costs incurred for equipment replacement 
                that is not part of regular operation and maintenance 
                activities for existing wastewater systems, subject to 
                the conditions that any loan from the fund will be made 
                at a below market interest rate, for a term not to 
                exceed 10 years, and in an amount not to exceed 
                $100,000 and that all loan repayments will be credited 
                to the fund;
                    ``(C) to provide technical assistance and training 
                for rural and small publicly owned treatment works and 
                decentralized wastewater treatment systems to enable 
                such treatment works and systems to protect water 
                quality and achieve and maintain compliance with the 
                requirements of this Act; and
                    ``(D) to disseminate information to rural and small 
                municipalities and municipalities that meet the 
                affordability criteria established pursuant to section 
                603(i)(2) by the State in which the municipality is 
                located with respect to planning, design, construction, 
                and operation of publicly owned treatment works and 
                decentralized wastewater treatment systems.''.
    (b) Authorization of Appropriations.--Section 104(u) (33 U.S.C. 
1254(u)) is amended--
            (1) by striking ``and (6)'' and inserting ``(6)''; and
            (2) by inserting before the period at the end the 
        following: ``; and (7) not to exceed $75,000,000 for each of 
        fiscal years 2006 through 2010 for carrying out paragraphs (3) 
        and (8) of subsection (b), except that not less than 20 percent 
        of the amounts appropriated pursuant to this paragraph in a 
        fiscal year shall be used for carrying out paragraph (8) of 
        subsection (b) and not more than one-third of the amount used 
        in a fiscal year for carrying out paragraph (8) of subsection 
        (b) may be used to carry out subparagraph (B) of that 
        paragraph''.
    (c) Competitive Procedures for Awarding Grants.--Section 104 (33 
U.S.C. 1254(b)) is amended by adding at the end the following:
    ``(w) Competitive Procedures for Awarding Grants.--The 
Administrator shall establish procedures that, to the maximum extent 
practicable, promote competition and openness in the award of grants to 
nonprofit private agencies, institutions, and organizations under this 
section.''.

SEC. 303. SEWER OVERFLOW CONTROL GRANTS.

    Section 221(c) (33 U.S.C. 1301) is amended to read as follows:
    ``(c) Financially Distressed Community Defined.--In subsection (b), 
the term `financially distressed community' means a community that 
meets affordability criteria established pursuant to section 603(i)(2) 
by the State in which the community is located under section 
603(i)(2).''.

SEC. 304. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

    (a) Extended Payment Period.--Section 603(d)(1) (33 U.S.C. 
1383(d)(1)) is amended--
            (1) in subparagraph (A) by striking ``20 years'' and 
        inserting ``the lesser of 30 years or the design life of the 
        project to be financed with the proceeds of the loan''; and
            (2) in subparagraph (B) by striking ``not later than 20 
        years after project completion'' and inserting ``upon the 
        expiration of the term of the loan''.
    (b) Technical and Planning Assistance for Small Systems.--Section 
603(d) (33 U.S.C. 1383(d)) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) to provide owners and operators of small treatment 
        works (for a municipality or intermunicipal interstate or State 
        agency that is seeking assistance under this title and serves a 
        population of 20,000 or fewer) with technical and planning 
        assistance and assistance in financial management, user fee 
        analysis, budgeting, capital improvement planning, facility 
        operation and maintenance, repair schedules, and other 
        activities to improve wastewater treatment plant management and 
        operations; except that such amounts shall not exceed 2 percent 
        of grant awards to such fund under this title.''.
    (c) Additional Subsidization.--Section 603 (33 U.S.C. 1383) is 
amended by adding at the end the following:
    ``(i) Additional Subsidization.--
            ``(1) In general.--In any case in which a State provides 
        assistance to a municipality or intermunicipal, interstate, or 
        State agency under subsection (d), the State may provide 
        additional subsidization, including forgiveness of principal 
        and negative interest loans--
                    ``(A) to benefit a municipality that--
                            ``(i) meets the State's affordability 
                        criteria established under paragraph (2); or
                            ``(ii) does not meet the State's 
                        affordability criteria if the recipient--
                                    ``(I) seeks additional 
                                subsidization to benefit individual 
                                ratepayers in the residential user rate 
                                class;
                                    ``(II) demonstrates to the State 
                                that such ratepayers will experience a 
                                significant hardship from the increase 
                                in rates necessary to finance the 
                                project or activity for which 
                                assistance is sought; and
                                    ``(III) ensures, as part of an 
                                assistance agreement between the State 
                                and the recipient, that the additional 
                                subsidization provided under this 
                                paragraph is directed through a user 
                                charge rate system (or other 
                                appropriate method) to such ratepayers; 
                                or
                    ``(B) to implement alternative processes, 
                materials, and techniques (including nonstructural 
                protection of surface waters, new or improved methods 
                of waste treatment, and pollutant trading) that may 
                result in cost savings or increased environmental 
                benefit when compared to standard processes, materials, 
                and techniques.
            ``(2) Affordability criteria.--
                    ``(A) Establishment.--On or before September 30, 
                2006, and after providing notice and an opportunity for 
                public comment, a State shall establish affordability 
                criteria to assist in identifying municipalities that 
                would experience a significant hardship raising the 
                revenue necessary to finance a project or activity 
                eligible for assistance under section 603(c)(1) if 
                additional subsidization is not provided. Such criteria 
                shall be based on income data, population trends, and 
                other data determined relevant by the State.
                    ``(B) Existing criteria.--If a State has previously 
                established, after providing notice and an opportunity 
                for public comment, affordability criteria that meet 
                the requirements of subparagraph (A), the State may use 
                the criteria for the purposes of this subsection. For 
                purposes of this Act, any such criteria shall be 
                treated as affordability criteria established under 
                this paragraph.
                    ``(C) Information to assist states.--The 
                Administrator may publish information to assist States 
                in establishing affordability criteria described in 
                subparagraph (A).
            ``(3) Priority.--A State may give priority to a recipient 
        for a project or activity eligible for funding under section 
        603(c)(1) if the recipient meets the State's affordability 
        criteria.
            ``(4) Set-aside.--
                    ``(A) In general.--In any fiscal year in which the 
                Administrator has available for obligation more than 
                $1,400,000,000 for the purposes of carrying out this 
                title, a State shall provide additional subsidization 
                under this subsection in the amount specified in 
                subparagraph (B) to eligible entities described in 
                paragraph (1) for projects and activities identified in 
                the State's intended use plan prepared under section 
                606(c) to the extent that there are sufficient 
                applications for such assistance.
                    ``(B) Amount.--In a fiscal year described in 
                subparagraph (A), a State shall set aside for purposes 
                of subparagraph (A) an amount not less than 25 percent 
                of the difference between--
                            ``(i) the total amount that would have been 
                        allotted to the State under section 604 for 
                        such fiscal year if the amount available to the 
                        Administrator for obligation under this title 
                        for such fiscal year was equal to 
                        $1,400,000,000; and
                            ``(ii) the total amount allotted to the 
                        State under section 604 for such fiscal year.
            ``(5) Limitation.--The total amount of additional 
        subsidization provided under this subsection by a State may not 
        exceed 30 percent of the total amount of capitalization grants 
        received by the State under this title in fiscal years 
        beginning after September 30, 2005.''.

SEC. 305. ALLOTMENT OF FUNDS.

    (a) In General.--Section 604(a) (33 U.S.C. 1384(a)) is amended to 
read as follows:
    ``(a) Allotments.--
            ``(1) Fiscal years 2005 and 2006.--Sums appropriated to 
        carry out this title for each of fiscal years 2005 and 2006 
        shall be allotted by the Administrator in accordance with the 
        formula used to allot sums appropriated to carry out this title 
        for fiscal year 2004.
            ``(2) Fiscal year 2007 and thereafter.--Sums appropriated 
        to carry out this title for fiscal year 2007 and each fiscal 
        year thereafter shall be allotted by the Administrator as 
        follows:
                    ``(A) Amounts that do not exceed $1,350,000,000 
                shall be allotted in accordance with the formula 
                described in paragraph (1).
                    ``(B) Amounts that exceed $1,350,000,000 shall be 
                allotted in accordance with the formula developed by 
                the Administrator under subsection (d).''.
    (b) Planning Assistance.--Section 604(b) (33 U.S.C. 1384(b)) is 
amended by striking ``1 percent'' and inserting ``2 percent''.
    (c) Formula.--Section 604 (33 U.S.C. 1384) is amended by adding at 
the end the following:
    ``(d) Formula Based on Water Quality Needs.--Not later than 
September 30, 2006, and after providing notice and an opportunity for 
public comment, the Administrator shall publish an allotment formula 
based on water quality needs in accordance with the most recent survey 
of needs developed by the Administrator under section 516(b).''.

SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    Section 607 is amended by striking paragraphs (1) through (5) and 
inserting the following:
            ``(1) $2,000,000,000 for fiscal year 2006;
            ``(2) $3,000,000,000 for fiscal year 2007;
            ``(3) $4,000,000,000 for fiscal year 2008;
            ``(4) $5,000,000,000 for fiscal year 2009; and
            ``(5) $6,000,000,000 for fiscal year 2010.''.

                   TITLE IV--INTERAGENCY COORDINATION

SEC. 401. TASK FORCE.

    There is a Great Lakes Interagency Task Force within the 
Environmental Protection Agency, as originally established by Executive 
Order No. 13340. In addition to the duties described in the Executive 
Order, such Task Force shall--
            (1) ensure that program and project implementation is 
        coordinated, effective, and cost-efficient; and
            (2) work in cooperation on the development of budgets 
        regarding the Great Lakes for the annual submissions by the 
        President to Congress of the budget of the United States.

       TITLE V--FRAMEWORK FOR GREAT LAKES REGIONAL COLLABORATION

SEC. 501. COLLABORATION.

    There is a Framework for the Great Lakes Regional Collaboration, a 
document signed and endorsed on December 3, 2004, by several members of 
the Great Lakes Governors, Great Lakes Mayors, the Great Lakes 
Interagency Task Force, tribal leaders, and members of the Great Lakes 
Congressional Delegation. The duties of such Collaboration include--
            (1) developing a restoration and protection strategy to 
        inform future program implementation funding decisions;
            (2) serving as a forum for addressing near-term regional 
        issues related to ecosystem restoration and protection; and
            (3) creating an oversight forum to coordinate and enhance 
        implementation of the strategy.
                                 <all>