[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 792 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 792

 To authorize appropriations for State programs and activities for the 
        restoration of the Great Lakes, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2005

 Mr. Emanuel (for himself, Mr. Reynolds, Mr. Grijalva, Mr. Gutierrez, 
   Mr. Davis of Illinois, Ms. Schakowsky, Mr. Evans, Mr. Stupak, Mr. 
 Kildee, Mr. Dingell, Mr. Israel, Mr. Meeks of New York, Mrs. Maloney, 
 Mr. McNulty, Ms. Slaughter, Mr. Strickland, Ms. Kaptur, Mrs. Jones of 
Ohio, Mr. Brown of Ohio, Mr. Ryan of Ohio, Mr. Doyle, Ms. Baldwin, Mr. 
 Johnson of Illinois, Mr. Chocola, Mr. Souder, Mr. Hoekstra, Mr. Camp, 
  Mr. Rogers of Michigan, Mr. McCotter, Mr. Kennedy of Minnesota, Mr. 
Boehlert, Mr. Gillmor, Mr. English of Pennsylvania, Mr. Sensenbrenner, 
Mr. Petri, Mr. Green of Wisconsin, Ms. Bean, Mr. Levin, Ms. McCollum of 
 Minnesota, Mr. Sabo, Mr. Nadler, Mr. Owens, Mr. Murtha, Ms. Moore of 
 Wisconsin, Mr. Kirk, Mr. King of New York, Mr. McHugh, Ms. Hart, and 
 Mr. Gerlach) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committee on Resources, 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 authorize appropriations for State programs and activities for the 
        restoration of the Great Lakes, and for other purposes.

    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 the ``Great Lakes Restoration Act of 
2005''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Great Lakes, and their connecting channels, form 
        the largest freshwater system on Earth, holding \1/5\ of the 
        fresh surface water supply of the world and \9/10\ of the fresh 
        surface water supply of the United States.
            (2) More than 30 years after enactment of the Clean Water 
        Act, water quality in the Great Lakes has improved, but the 
        Great Lakes remain in a crisis state.
            (3) Evidence of such deterioration includes--
                    (A) a record 1,473 beach closings in 2003 on Lake 
                Michigan alone;
                    (B) an increase to 20 percent in the percentage of 
                Great Lakes shoreline that contains polluted sediments; 
                and
                    (C) 1,500 fish consumption advisories relating to 
                the Great Lakes issued by State and local authorities.
            (4) The Great Lakes are the source of drinking water for 
        28,000,000 people in the United States and 40,000,000 people in 
        both the United States and Canada.
            (5) It is the responsibility of all governments, local, 
        State, and Federal, to ensure that the Great Lakes remain a 
        source of clean and safe drinking water, fish that are safe to 
        eat, and beaches that are safe for swimming.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Area of concern.--The term ``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.
            (2) Great lakes.--The term ``Great Lakes'' means Lake 
        Ontario, Lake Erie, Lake Huron (including Lake Saint Clair), 
        Lake Michigan, and Lake Superior, and the connecting channels 
        (Saint Marys River, Saint Clair River, Detroit River, Niagara 
        River, and Saint Lawrence River to the Canadian Border).
            (3) Great lakes system.--The term ``Great Lakes System'' 
        means all the streams, rivers, lakes, and other bodies of water 
        within the drainage basin of the Great Lakes, including ground 
        water that flows into those bodies of water.
            (4) Great lakes water quality agreement.--The term ``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.
            (5) International joint commission.--The term 
        ``International Joint Commission'' means the International 
        Joint Commission established by the Treaty between the United 
        States and Great Britain Relating to Boundary Waters, and 
        Questions Arising Between the United States and Canada, signed 
        at Washington on January 11, 1909.
            (6) Lakewide management plan.--The term ``Lakewide 
        Management Plan'' means a written document which embodies a 
        systematic and comprehensive ecosystem approach to restoring 
        and protecting the beneficial uses of the open waters of each 
        of the Great Lakes, in accordance with article VI and Annex 2 
        of the Great Lakes Water Quality Agreement.
            (7) Remedial action plan.--The term ``Remedial Action 
        Plan'' means a written document which embodies a systematic and 
        comprehensive ecosystem approach to restoring and protecting 
        the beneficial uses of areas of concern, in accordance with 
        article VI and Annex 2 of the Great Lakes Water Quality 
        Agreement.

SEC. 4. GREAT LAKES ADVISORY BOARD.

    (a) Establishment.--There is established the Great Lakes Advisory 
Board.
    (b) Duties.--Subject to the requirements of this Act, the Board 
shall--
            (1) develop a biennial comprehensive Great Lakes management 
        plan under section 5;
            (2) coordinate Great Lakes restoration efforts; and
            (3) implement a public awareness campaign.
    (c) Membership.--
            (1) Number and appointment.--The Board shall be composed of 
        the following members (or designees of the members):
                    (A) 8 shall be the Governors of the Great Lakes 
                States.
                    (B) 1 shall be a representative of the 
                International Joint Commission, to be appointed by the 
                International Joint Commission.
                    (C) 1 shall be the Director of the Great Lakes 
                National Program Office of the Environmental Protection 
                Agency.
                    (D) 1 shall be the Chief of Engineers.
                    (E) 1 shall be the Director of the United States 
                Fish and Wildlife Service.
                    (F) 1 shall be the Secretary of Agriculture.
                    (G) 1 shall be the Administrator of the National 
                Oceanographic and Atmospheric Administration.
                    (H) 1 shall be the Secretary of the department in 
                which the Coast Guard is operating.
                    (I) 3 shall be representatives of the 3 largest 
                Indian tribes in the Great Lakes States (except that 
                each of the 3 representatives must be from a different 
                State), to be appointed by the President.
                    (J) 3 shall be representatives of businesses with a 
                direct effect on the Great Lakes (including 1 
                representative of a large company and one 
                representative of a small business), to be appointed by 
                the President.
                    (K) 3 shall be representatives of private non-
                profit organizations that are active in Great Lakes 
                restoration work and have at least 10,000 members in 
                all of the Great Lakes States or 1,000 members in any 
                single Great Lakes State, to be appointed by the 
                President, with consideration given to selecting 
                representatives reflecting the diverse nature of 
                opinions throughout the Great Lakes States.
                    (L) 8 shall be chief executives of cities, 
                counties, or municipalities in the Great Lakes States 
                and selected by the Steering Committee of the Great 
                Lakes Cities Initiative, including 1 member from each 
                Great Lakes State.
            (2) Nonvoting observers.--The Board may include nonvoting 
        observers, including the following:
                    (A) The Premiers of the Canadian Provinces of 
                Ontario and Quebec.
                    (B) A representative of the Government of Canada.
                    (C) A representative of the State Department.
                    (D) 2 representatives of the environmental 
                community selected by the cochairpersons of the Board.
                    (E) 2 representatives of industry selected by the 
                cochairpersons of the Board.
                    (F) The Chairman of the United States section of 
                the International Joint Committee.
                    (G) The Vice Chair of the United States section of 
                the Great Lakes Fishery Commission.
            (3) Organization.--The Board may organize itself into 
        subcommittees.
            (4) Date of appointments.--The appointment of each member 
        of the Board shall be made not later than 90 days after the 
        date of enactment of this Act.
            (5) Term; vacancies.--
                    (A) Term.--Each member to be appointed to the Board 
                shall be appointed for a term of 2 years.
                    (B) Vacancies.--A vacancy on the Board--
                            (i) shall not affect the powers of the 
                        Board; and
                            (ii) shall be filled in the same manner as 
                        the original appointment was made.
            (6) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Board have been appointed, the 
        Board shall hold the initial meeting of the Board.
            (7) Meetings.--The Board shall meet at the call of the 
        cochairpersons on at least a quarterly basis.
            (8) Quorum.--A majority of the members of the Board shall 
        constitute a quorum, but a lesser number of members may hold 
        hearings.
            (9) Cochairpersons.--
                    (A) Selection.--The Board shall select 4 
                cochairpersons of the Board, of which cochairpersons--
                            (i) 2 shall be elected by the individuals 
                        referred to in paragraph (1)(A) from among 
                        those individuals, each of whom shall be of 
                        different political parties;
                            (ii) 1 shall be elected by the individuals 
                        referred to in paragraph (1)(L) from among 
                        those individuals; and
                            (iii) 1 shall be the Director of the Great 
                        Lakes National Program Office.
                    (B) Duties.--A majority of the cochairpersons 
                shall--
                            (i) call meetings and hearings; and
                            (ii) make administrative and personnel 
                        decisions.
            (10) Scientific working group.--
                    (A) Membership.--The Board shall have a scientific 
                working group composed of 1 individual from each Great 
                Lakes State, to be appointed by the Board.
                    (B) Qualifications.--Each individual appointed 
                under subparagraph (A) shall be--
                            (i) a faculty member at a nationally 
                        accredited university with an accredited 
                        natural resources program;
                            (ii) actively involved in a field related 
                        to Great Lakes ecology; and
                            (iii) recommended to the Board by the 
                        university's president.
                    (C) Duties.--The scientific working group shall 
                evaluate the scientific integrity of the Great Lakes 
                restoration effort and assist the Board in its 
                decisionmaking. The scientific working group shall use 
                peer reviewed scientific research in carrying out its 
                duties.
                    (D) Chairperson and vice chairperson.--The 
                scientific working group shall have a chairperson and 
                vice chairperson elected by its members.
    (d) Powers.--
            (1) Hearings.--The Board may hold such hearings, meet and 
        act at such times and places, take such testimony, and receive 
        such evidence as the Board considers advisable to carry out 
        this Act.
            (2) Information from federal agencies.--
                    (A) In general.--The Board may obtain directly from 
                a Federal agency such information (including all 
                existing information relating to the environmental 
                restoration, protection, and recovery of the Great 
                Lakes) as the Board considers necessary to carry out 
                this Act.
                    (B) Provision of information.--On request of a 
                cochairperson of the Board, the head of the agency 
                shall provide the information described in subparagraph 
                (A) to the Board.
            (3) Postal services.--The Board may use the United States 
        mails in the same manner and under the same conditions as other 
        agencies of the Federal Government.
            (4) Gifts.--The Board may accept, use, and dispose of gifts 
        or donations of services or property.
    (e) Board Personnel Matters.--
            (1) Compensation of members.--
                    (A) Non-federal employees.--Except as provided in 
                paragraph (2), a member of the Board who is not an 
                officer or employee of the Federal Government shall 
                serve without compensation.
                    (B) Federal employees.--Except as provided in 
                paragraph (2), a member of the Board who is an officer 
                or employee of the Federal Government shall serve 
                without compensation in addition to the compensation 
                received for the services of the member as an officer 
                or employee of the Federal Government.
            (2) Travel expenses.--A member of the Board shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Board.
            (3) Staff.--
                    (A) In general.--The cochairpersons of the Board 
                may, without regard to the civil service laws 
                (including regulations), appoint and terminate an 
                executive director and such other additional personnel 
                as are necessary to enable the Board to perform the 
                duties of the Board.
                    (B) Confirmation of executive director.--The 
                employment of an executive director shall be subject to 
                confirmation by the Board.
                    (C) Compensation.--
                            (i) In general.--Except as provided in 
                        clause (ii), the cochairpersons of the Board 
                        may fix the compensation of the executive 
                        director and other personnel without regard to 
                        the provisions of chapter 51 and subchapter III 
                        of chapter 53 of title 5, United States Code, 
                        relating to classification of positions and 
                        General Schedule pay rates.
                            (ii) Maximum rate of pay.--The rate of pay 
                        for the executive director and other personnel 
                        shall not exceed the rate payable for level V 
                        of the Executive Schedule under section 5316 of 
                        title 5, United States Code.
            (4) Detail of federal government employees.--
                    (A) In general.--An employee of the Federal 
                Government may be detailed to the Board without 
                reimbursement.
                    (B) Civil service status.--The detail of the 
                employee shall be without interruption or loss of civil 
                service status or privilege.
            (5) Procurement of temporary and intermittent services.--
        The cochairpersons of the Board may procure temporary and 
        intermittent services in accordance with section 3109(b) of 
        title 5, United States Code, at rates for individuals that do 
        not exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of that title.
    (f) Nonapplicability of FACA.--The Board shall not be subject to 
the Federal Advisory Committee Act (5 U.S.C. App.).
    (g) Annual Report.--On or before December 31st of each year, the 
Board shall transmit to Congress a report on the activities of the 
Board in the preceding year.

SEC. 5. COMPREHENSIVE GREAT LAKES MANAGEMENT PLAN.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, and every 2 years thereafter, the Great Lakes Advisory 
Board shall transmit to the President, the appropriate committees of 
Congress, the Governor of each Great Lakes State, and the Great Lakes 
mayors a Comprehensive Great Lakes Management Plan (in this section 
referred to as the ``plan'').
    (b) Purpose.--The plan shall establish goals for the future of the 
Great Lakes System and programmatic steps to achieve the goals. The 
plan shall also contain a detailed statement of the findings and 
conclusions of the Board and recommended funding levels to assist the 
Great Lakes States in achieving the goals.
    (c) Goals Assessment.--In developing the plan, the Board shall 
consider the following as possible goals for the Great Lakes ecosystem:
            (1) Toxic hot spots.--Implementing clean up activities at 
        not less than 10 of the 31 areas of concerns in the United 
        States within 2 years of the date of enactment of this Act.
            (2) Invasive species.--Establishing procedures and programs 
        to eliminate the introduction of invasive species into the 
        Great Lakes and to dramatically reduce the population of 
        nonindigenous species in the Great Lakes. Further, States 
        should coordinate with the Federal Government to reestablish 
        Great Lakes native species populations.
            (3) Pollution.--Dramatically decreasing the introduction of 
        pollution into the Great Lakes through nonpoint source 
        pollution, and eliminating all forms of toxic deposition in the 
        Great Lakes, including mercury, arsenic, polychlorinated 
        biphenyls (PCB's), and other hazardous materials within 10 
        years of the date of enactment of this Act.
            (4) Restoring and conserving wetlands and critical coastal 
        habitat.--Preserving, restoring, and enhancing at least 100,000 
        acres of coastal and inland wetlands within the Great Lakes 
        System in order to improve water quality.
            (5) Eliminating dead zones.--Increasing efforts to 
        eliminate dead zones in the Great Lakes, including research 
        into and elimination of hypoxia and harmful algal bloom in the 
        Great Lakes.
            (6) Ensuring the sustainable use of water resources.--
        Ensuring the sustainable use and management of Great Lakes 
        water resources to protect environmental quality in the Great 
        Lakes States.
            (7) Public participation.--Encouraging public participation 
        in Great Lakes restoration, including--
                    (A) by 2006, establishment of a public website to 
                enable individuals to obtain information on water 
                quality, beach conditions, sewage overflows, and 
                industrial discharge throughout the Great Lakes;
                    (B) by 2006, ensuring that all Great Lakes States 
                have beach monitoring facilities at all public beaches; 
                and
                    (C) by 2006, ensuring that Great Lakes States begin 
                educating the public on proper Great Lakes stewardship.
    (d) Development of Plan.--In developing the plan, the Board shall--
            (1) consider existing research on the Great Lakes System, 
        including the work of the Great Lakes Regional Collaboration, 
        individual Lakewide Management Plans, and research by 
        nongovernmental organizations;
            (2) evaluate current State and Federal programs to restore 
        the Great Lakes System and recommend whether the programs 
        should be continued, eliminated, or combined with other 
        efforts;
            (3) evaluate the current funding structure for Great Lakes 
        restoration and recommend a process for developing a single 
        funding source;
            (4) avoid duplication of effort;
            (5) strive to incorporate the ideas of the Board's working 
        groups and develop compromises when conflicts arise among the 
        working groups;
            (6) develop a series of scientifically sound indicators for 
        the health of the Great Lakes System; and
            (7) overall, work to dramatically improve the quality of 
        the Great Lakes System.
    (e) Public Input.--In preparing the plan, the Board shall provide 
notice and an opportunity for public comment.

SEC. 6. STATE GREAT LAKES MANAGEMENT PLANS.

    (a) Eligibility for Apportionments.--
            (1) In general.--In order to be eligible to receive an 
        apportionment under section 7 for a fiscal year, a Great Lakes 
        State shall have in effect a State Great Lakes Management Plan 
        (in this section referred to as a ``State plan'') that has been 
        developed by the Governor of the State and approved by the 
        Administrator of the Environmental Protection Agency.
            (2) Initial apportionment.--For the first fiscal year for 
        which amounts are appropriated to carry out this Act, the 
        Administrator may make an apportionment to a Great Lakes State 
        under section 7 even if the State does not have in effect a 
        State plan that has been approved by the Administrator if the 
        State provides assurances satisfactory to the Administrator 
        that the State will--
                    (A) use not to exceed $500,000 of the amount of the 
                apportionment for the development of a State plan; and
                    (B) submit a State plan to the Administrator for 
                approval, not later than 180 days after the date of 
                receipt of the apportionment.
        The Administrator may withhold a portion of a State's initial 
        apportionment until approval of the State's plan.
    (b) Approval of Plans.--
            (1) In general.--The Administrator shall approve a State 
        plan if the State plan--
                    (A)(i) is consistent with the Comprehensive Great 
                Lakes Management Plan developed under section 5; or
                    (ii) with respect to State plans submitted before 
                completion of the Comprehensive Great Lakes Management 
                Plan, is consistent with Lakewide Management Plans, the 
                Great Lakes Strategy 2002 developed by the United 
                States Policy Committee for the Great Lakes, dated 
                April 2002, and the work of the Great Lakes Regional 
                Collaboration;
                    (B) utilizes sound scientific approaches, as 
                defined by the Board's scientific working group; and
                    (C) otherwise meets the requirements of this 
                section.
            (2) Period of review.--The Administrator shall approve or 
        disapprove a State plan of a Great Lakes State, or an update of 
        a State plan submitted under subsection (c), on or before the 
        date that is 60 days after the date of receipt of the plan or 
        update. If the Administrator does not approve or disapprove a 
        State plan or update before that date, the State plan or update 
        shall be deemed approved.
            (3) Appeals and resubmissions.--The Administrator shall 
        establish procedures for appealing a decision to disapprove a 
        plan under this section and for resubmission of modified plans 
        following a disapproval.
    (c) Updated Plans.--A Great Lakes State shall update its State plan 
every 2 years and submit the updated plan to the Administrator for 
approval.
    (d) Implementation of Plans.--
            (1) In general.--Amounts apportioned to a Great Lakes State 
        under section 7 shall be used by the State to carry out 
        programs and activities described in its State plan that 
        address one or more of the following purposes:
                    (A) Reduction and elimination of toxic sediments.
                    (B) Elimination of invasive species.
                    (C) Reduction of pollution from runoff and sewage 
                overflows.
                    (D) Restoration and conservation of wetlands and 
                critical habitat within the Great Lakes System.
                    (E) Increasing public education on Great Lakes 
                restoration issues.
            (2) Priority.--In allocating amounts received in 
        apportionments under section 7, a State shall give priority to 
        programs and activities for the remediation of toxic sediments 
        and slowing non-point source pollution.
            (3) Limitations.--
                    (A) Experimental programs.--Not more than 5 percent 
                of the amounts apportioned to a State under section 7 
                in a fiscal year may be used for experimental programs, 
                as determined by the Administrator.
                    (B) Prohibited projects.--Amounts apportioned to a 
                State under section 7 in a fiscal year may not be used 
                for any of the following:
                            (i) Road projects (other than projects 
                        required for sewer upgrades).
                            (ii) Beautification projects (other than 
                        projects developed in conjunction with a 
                        restoration project and consistent with 
                        Lakewide Management Plans).
                            (iii) Projects to address violations of the 
                        Federal Water Pollution Control Act (33 U.S.C. 
                        1251 et seq.), the Endangered Species Act of 
                        1973 (16 U.S.C. 1531 et seq.), or any other 
                        environmental law or regulation.
    (e) Other Funding Requirements.--In order to be eligible to receive 
an apportionment under section 7 for a fiscal year, a Great Lakes State 
shall provide assurances satisfactory to the Administrator that the 
State will comply with the following terms and conditions:
            (1) The State will contribute from non-Federal sources 30 
        percent of the cost of carrying out programs and activities 
        funded using amounts from the apportionments. Such 
        contributions may include in-kind contributions.
            (2) The State will maintain expenditures for Great Lakes 
        management programs and activities at a level that does not 
        fall below the average level of such expenditures for the 
        preceding 2 fiscal years of the State.
            (3) The State will expend not more than 1 percent of the 
        amounts received by the State in apportionments in a fiscal 
        year for the State's administrative expenses.
    (f) Ineligible States.--If one or more of the Great Lakes States is 
not eligible to receive apportionments under section 7 for a fiscal 
year, the Administrator shall apportion amounts that would otherwise be 
apportioned to the State or States among the eligible Great Lakes 
States.

SEC. 7. FUNDING.

    (a) Apportionment Formula.--Amounts made available to carry out 
this section for a fiscal year shall be apportioned by the 
Administrator of the Environmental Protection Agency on the first day 
of the fiscal year among the Great Lakes States eligible for an 
apportionment as follows:
            (1) 30 percent of the amounts in the ratio that--
                    (A) the population of each Great Lakes State bears 
                to
                    (B) the population of all Great Lakes States.
            (2) 13.3 percent of the amounts in the ratio that--
                    (A) the number of square miles of Great Lakes 
                watershed in each Great Lakes State; bears to
                    (B) the number of square miles of Great Lakes 
                watershed in all Great Lakes States.
            (3) 13.3 percent of the amounts in the ratio that--
                    (A) the number of areas of concern in each Great 
                Lakes State; bears to
                    (B) the number of areas of concern in all Great 
                Lakes States.
            (4) 13.3 percent of the amounts in the ratio that--
                    (A) the number of critical areas (as defined by the 
                Director of the United States Fish and Wildlife 
                Service) in each Great Lakes State; bears to
                    (B) the number of critical areas (as defined by the 
                Director of the United States Fish and Wildlife 
                Service) in all Great Lakes States.
            (5) The remainder of the amounts in the ratio that--
                    (A) the number of households that in calendar year 
                2000 received water from the Great Lakes in each Great 
                Lakes State; bears to
                    (B) the number of households that in calendar year 
                2000 received water from the Great Lakes in all Great 
                Lakes States.
    (b) Maximum and Minimum Apportionments.--Notwithstanding subsection 
(a), a Great Lakes State that is eligible to receive an apportionment 
under this section for a fiscal year may not receive more than 30 
percent, nor less than 6 percent, of the amounts apportioned for the 
fiscal year.
    (c) Apportionment Determinations.--
            (1) In general.--Determinations made by the Administrator 
        in making apportionments under subsection (a) shall be final.
            (2) Water use.--The Administrator shall reduce the amount 
        that otherwise would be apportioned to a Great Lakes State 
        under subsection (a)(5) if the State allows water from the 
        Great Lakes to be exported beyond its borders. The amount of 
        the reduction shall be determined by the Administrator based on 
        the amount of water exported.
    (d) Deductions.--Whenever an apportionment is made of the amounts 
made available to carry out this section, the Administrator shall 
deduct--
            (1) 2 percent of the amounts, to be allocated to the Great 
        Lakes Advisory Board for administration, research, and public 
        education, including awarding grants to museums and advertising 
        expenses;
            (2) $300,000 of the amounts, to be allocated to the 
        Administrator for administrative expenses in carrying out this 
        section;
            (3) $15,000,000 of the amounts, to be allocated to the 
        Administrator for strengthening enforcement activities under 
        the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.) for the Great Lakes System; and
            (4) 2 percent of the amounts, to be allocated to the State 
        of Illinois for a project to establish a permanent invasive 
        species barrier between the Mississippi River and Lake Michigan 
        until completion of the project or until the project has 
        received sufficient funding from other Federal sources.
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $800,000,000 for each of fiscal years 
        2006 through 2010. Such sums shall remain available until 
        expended.
            (2) Great lakes national program office.--In addition to 
        amounts authorized in other Acts, there is authorized to be 
        appropriated to the Great Lakes National Program Office of the 
        Environmental Protection Agency $5,000,000 for each of fiscal 
        years 2006 through 2010. Such sums shall remain available until 
        expended.

SEC. 8. APPOINTMENT OF SPECIAL MASTERS FOR AREAS OF CONCERN.

    (a) Appointment.--Notwithstanding any other provision of law, the 
Administrator of the Environmental Protection Agency may appoint a 
special master to direct the remediation of an area of concern.
    (b) Notice.--The Administrator shall publish in the Federal 
Register notice of the appointment of a special master under subsection 
(a) at least 12 months before the date of the appointment.
    (c) Powers.--Notwithstanding any other provision of law, the 
special master shall have the authority to direct the remediation of an 
area of concern, consistent with all applicable Federal, State, and 
local environmental laws.
    (d) Consultation.--Following the publication of notice of the 
appointment of a special master under subsection (b), the Administrator 
shall facilitate the coordination of all appropriate Federal, State, 
and local authorities for remediation of the area of concern.
    (e) Final Appointment.--Before final appointment of the special 
master, the Administrator shall reevaluate the need for the 
appointment.
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