[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2050 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2050

           To establish a commission on inland waters policy.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 17, 2005

Ms. Snowe (for herself and Ms. Cantwell) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
           To establish a commission on inland waters policy.

    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 ``National Inland Waters Policy 
Commission Act of 2005''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the United States--
                    (A) is endowed with a vast and diverse network of 
                inland bodies of water; and
                    (B) has benefited greatly from the management, use, 
                and development of those water resources;
            (2) States have primacy in adjudicating, administering, 
        regulating, and allocating rights and uses for intrastate 
        waters resources;
            (3) inland waters resources--
                    (A) are essential in meeting the need for fresh 
                water for human consumption;
                    (B) are integral to the production of food and a 
                wealth of natural resources;
                    (C) are critical to health of the natural 
                environment;
                    (D) support an enormous array of biodiversity; and
                    (E) serve the country in agricultural production, 
                municipal consumption, transportation, waste 
                assimilation, energy generation, recreation, 
                aquaculture, industrial, and security needs;
            (4) less than 1 percent of the world's water is fresh and 
        liquid, and of that, 0.0008 percent is renewable annually for 
        use by people and land and water species;
            (5) the availability, distribution, stability, and 
        integrity of water resources are vital to the future of the 
        economic, social, and environmental well-being of the United 
        States;
            (6) water--
                    (A) is a dynamic and scarce resource that is 
                susceptible to--
                            (i) change as a result of direct and 
                        indirect human activity; and
                            (ii) changes in climate; and
                    (B) is subject to naturally occurring fluctuations 
                that affect supply, quality, and distribution;
            (7) changes in inland waters can increase demand and place 
        added pressure on the availability, distribution, and integrity 
        of water resources;
            (8) the Federal Government has a critical role in 
        maintaining the quality and quantity of available water 
        resources while meeting new challenges for usage;
            (9) furthering scientific understanding of inland waters 
        can greatly enhance efforts to efficiently utilize, distribute, 
        and preserve water resources;
            (10) because jurisdiction over, and regulation of, inland 
        waters involve Federal, State, interstate, and local 
        governments, the coordination of water policies between the 
        Federal, State, and local levels is essential to managing 
        inland waters and responding to the demands of stakeholders;
            (11) through the observance of the Year of Clean Water 
        beginning on October 18, 2002, the United States recognized 
        that significant progress has been made in improving--
                    (A) the quality of drinking water;
                    (B) the management of wastewater; and
                    (C) the health of the country's waters, wetland, 
                and watersheds;
            (12) the designation of 2002-2003 as the Year of Clean 
        Water--
                    (A) renewed the Nation's commitment to managing 
                inland waters; and
                    (B) focused attention on developing new approaches 
                to meeting future challenges to the value and function 
                of water resources;
            (13) given the rising pressure on inland waters and the 
        complexity of managing waters resources, an integrated strategy 
        for water research, use, allocation, and conservation is needed 
        to ensure that policies for managing the Nation's inland waters 
        address emerging challenges and continue to serve the Nation's 
        water needs in the future; and
            (14) in 2001 and 2004, the National Academies of Science 
        concluded that the level of investment in, and coordination of, 
        water resources research is inadequate to confront current 
        pressing water issues.

SEC. 3. PURPOSE.

    The purpose of this Act is to establish a commission to make 
recommendations for a coordinated and comprehensive national inland 
waters policy that will promote--
            (1) protection of life and property;
            (2) responsible stewardship of inland waters resources;
            (3) protection of inland aquatic environments and 
        prevention of water pollution;
            (4) enhancement of commerce and transportation relating to 
        inland waters;
            (5) resolution of conflicts among users of inland waters, 
        while recognizing climate variations;
            (6) engagement of State and local governments and the 
        private sector in innovative approaches for sustainable use of 
        inland waters resources;
            (7) expansion of human knowledge of inland aquatic 
        environments and the relationships among--
                    (A) inland aquatic environments;
                    (B) terrestrial environments;
                    (C) marine environments;
                    (D) extreme weather events; and
                    (E) climate;
            (8) advancement of research, education, and training in 
        fields relating to inland waters stewardship, management, and 
        development;
            (9) investments in, and development and improvement of the 
        capabilities, performance, use, and efficiency of, technologies 
        relating to--
                    (A) water distribution;
                    (B) agricultural application and drought 
                mitigation;
                    (C) pollution prevention;
                    (D) wastewater treatment;
                    (E) drinking water;
                    (F) energy production;
                    (G) instream waterflow;
                    (H) wildlife and fish habitat preservation and 
                restoration;
                    (I) food security; and
                    (J) other activities relating to inland waters; and
            (10) close cooperation among all Federal agencies, State 
        and local governments, and the private sector on matters 
        affecting inland waters to ensure--
                    (A) coherent and consistent stewardship, 
                development, regulation, and management of activities 
                affecting inland waters;
                    (B) availability and appropriate allocation of 
                Federal resources, personnel, facilities, and equipment 
                for such activities;
                    (C) cost-effective and efficient operation of 
                Federal agencies and programs engaged in inland waters 
                activities; and
                    (D) enhancements of partnerships with State, 
                interstate, and local governments with respect to 
                inland waters activities, including the management of 
                inland waters and identification of appropriate 
                opportunities for policymaking and decisionmaking at 
                the State and local levels.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the 
        Commission on Inland Waters Policy established by section 5(a).
            (2) Inland waters.--The term ``inland waters'' includes--
                    (A) streams;
                    (B) rivers;
                    (C) lakes (including the Great Lakes);
                    (D) ponds;
                    (E) aquifers;
                    (F) riparian areas;
                    (G) estuaries; and
                    (H) freshwater and saltwater wetlands.
            (3) Inland waters resource.--The term ``inland waters 
        resource'' means a living or nonliving natural, historic, or 
        cultural resource in the environment of inland waters.

SEC. 5. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``Commission on Inland Waters Policy''.
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 16 
        members who--
                    (A) are knowledgeable concerning inland aquatic 
                activities; and
                    (B) represent--
                            (i) State and local governments;
                            (ii) industries directly or indirectly 
                        relating to inland waters, including 
                        aquaculture, agriculture, and manufacturing;
                            (iii) academic and technical institutions; 
                        and
                            (iv) public-interest organizations involved 
                        with scientific, regulatory, economic, 
                        conservation, or recreational inland aquatic 
                        activities.
            (2) Appointment.--Of the members appointed to the 
        Commission--
                    (A) 4 shall be appointed by the President;
                    (B) 4 shall be appointed by the President from 
                among 8 candidates nominated by the majority leader of 
                the Senate, in consultation with the Committee on 
                Commerce of the Senate;
                    (C) 4 shall be appointed by the President from 
                among 8 candidates nominated by the Speaker of the 
                House of Representatives, in consultation with the 
                Committee on Energy and Commerce of the House of 
                Representatives;
                    (D) 2 shall be appointed by the President from 
                among 4 candidates nominated by the minority leader of 
                the Senate, in consultation with the Committee on 
                Commerce of the Senate; and
                    (E) 2 shall be appointed by the President from 
                among 4 candidates nominated by the minority leader of 
                the House of Representatives, in consultation with the 
                Committee on Energy and Commerce of the House of 
                Representatives.
            (3) Balance.--The membership of the Commission shall be--
                    (A) balanced by area of expertise; and
                    (B) balanced geographically with respect to each of 
                the regions specified in subsection (d)(3)(A).
            (4) Date of appointments.--The appointment of a member of 
        the Commission shall be made not later than 90 days after the 
        date of enactment of this Act.
    (c) Term; Vacancies.--
            (1) Term.--A member shall be appointed for the life of the 
        Commission.
            (2) Vacancies.--A vacancy on the Commission--
                    (A) shall not affect the powers of the Commission; 
                and
                    (B) shall be filled in the same manner as the 
                original appointment was made.
    (d) Meetings.--
            (1) In general.--The Commission shall meet at the call of 
        the Chairperson.
            (2) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold the initial meeting of the Commission.
            (3) Public meetings.--
                    (A) In general.--The Commission shall hold at least 
                1 meeting in each of--
                            (i) the Northeast;
                            (ii) the Southeast (including the 
                        Caribbean);
                            (iii) the Southwest;
                            (iv) the Northwest;
                            (v) the Midwest; and
                            (vi) the Great Lakes region.
                    (B) Notice.--Notice of each public meeting shall be 
                published in the Federal Register in advance of the 
                meeting.
    (e) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (f) Chairperson.--
            (1) In general.--The Commission shall select a Chairperson 
        from among the members of the Commission.
            (2) Duties.--The Chairperson shall supervise the staff and 
        the expenditure of the funds of the Commission.

SEC. 6. DUTIES.

    (a) Study.--
            (1) In general.--The Commission shall conduct a study of 
        all matters relating to inland waters.
            (2) Matters to be studied.--The matters to be studied by 
        the Commission shall include, with respect to inland waters--
                    (A) a review of the supply and demand for inland 
                waters resources and anticipated future supply and 
                demand for inland waters;
                    (B) an assessment of existing and planned 
                facilities associated with inland waters activities, 
                including human resources, vessels, technical 
                equipment, and scientific research facilities;
                    (C) a review of existing and planned inland waters 
                activities and research of Federal entities;
                    (D)(i) a review of the cumulative effect of Federal 
                laws (including regulations) of inland waters; and
                    (ii) an explanation of those laws for 
                inconsistencies and contradictions that might adversely 
                affect inland waters activities, including management, 
                stewardship, conservation, and allocation;
                    (E) an assessment of the relationship among inland 
                waters management regimes among Federal, State, local, 
                and private entities;
                    (F) a review of opportunities for investment in new 
                products and technologies that can enhance inland 
                waters activities;
                    (G) a review of previous and ongoing Federal and 
                State efforts to enhance the effectiveness and 
                integration of inland waters activities; and
                    (H) a review of the effectiveness of policy 
                coordination among Federal agencies.
    (b) Recommendations.--
            (1) In general.--The Commission shall develop 
        recommendations on matters relating to inland waters, including 
        recommendations for--
                    (A) changes in those activities and research 
                necessary to improve efficiency and effectiveness and 
                to reduce duplication of Federal efforts;
                    (B) resolving the inconsistencies in the laws 
                reviewed under subsection (a)(2)(D)(i) to the extent 
                practicable; and
                    (C) modifications to Federal laws or the structure 
                of executive agencies necessary to improve the 
                understanding, management, conservation, use, 
                distribution, and availability of inland waters.
            (2) Limitations on recommendations.--In developing 
        recommendations under paragraph (1), the Commission--
                    (A) shall give equal consideration to 
                environmental, technical feasibility, economic, and 
                scientific factors; and
                    (B) shall not make recommendations specific to the 
                land or water within a single State unless that land or 
                water constitutes a unique ecosystem that exists in no 
                other State.
    (c) Report.--
            (1) Draft report.--Not later than 18 months after the date 
        of enactment of this Act, the Commission shall submit to the 
        Committee on Commerce of the Senate and the Committee on Energy 
        and Commerce of the House of Representatives and to the 
        Governor of each State, for comment, a draft report that 
        contains--
                    (A) a detailed statement of the findings and 
                conclusions of the Commission; and
                    (B) the recommendations of the Commission for such 
                legislation and administrative actions as the 
                Commission considers appropriate.
            (2) Final report.--Not later than 2 years after the date of 
        enactment of this Act, the Commission shall submit to the 
        President and Congress a final report that includes the 
        comments of the Governors on the draft report.
    (d) Science Advisory Panel.--
            (1) In general.--The Commission, in consultation with the 
        National Academy of Sciences, shall establish a 
        multidisciplinary science advisory panel to assist the 
        Commission in carrying out the duties of the Commission under 
        this section.
            (2) Use of best available scientific data.--The science 
        advisory panel shall ensure that the scientific information 
        considered by the Commission is based on the best available 
        data.

SEC. 7. POWERS.

    (a) Hearings.--The Commission may hold such hearings, meet and act 
at such times and places, take such testimony, and receive such 
evidence as the Commission considers advisable to carry out this Act.
    (b) Information From Federal Agencies.--
            (1) In general.--The Commission may secure directly from a 
        Federal agency such information as the Commission considers 
        necessary to carry out this Act.
            (2) Provision of information.--On request of the 
        Chairperson of the Commission, the head of the agency shall 
        provide the information to the Commission.
    (c) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
agencies of the Federal Government.
    (d) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 8. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--
            (1) Non-federal employees.--A member of the Commission who 
        is not an officer or employee of the Federal Government shall 
        be compensated at a rate equal to the daily equivalent of the 
        annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which the 
        member is engaged in the performance of the duties of the 
        Commission.
            (2) Federal employees.--A member of the Commission 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.
    (b) Travel Expenses.--A member of the Commission 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 
Commission.
    (c) Staff.--
            (1) In general.--The Chairperson of the Commission 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 
        Commission to perform the duties of the Commission.
            (2) Confirmation of executive director.--The employment of 
        an executive director shall be subject to confirmation by the 
        Commission.
            (3) Compensation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Chairperson of the Commission 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.
                    (B) 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.
    (d) Detail of Federal Government Employees.--
            (1) In general.--An employee of the Federal Government may 
        be detailed to the Commission without reimbursement.
            (2) Civil service status.--The detail of the employee shall 
        be without interruption or loss of civil service status or 
        privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
Chairperson of the Commission 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.

SEC. 9. REPORTS BY THE PRESIDENT.

    (a) National Inland Waters Policy.--
            (1) In general.--Not later than 120 days after the 
        Commission submits the final report of the Commission under 
        section 6(c)(2), the President shall submit to Congress a 
        report entitled ``National Inland Waters Policy''.
            (2) Contents.--The report shall contain a statement of 
        proposals to implement or respond to the recommendations of the 
        Commission for a coordinated, comprehensive, and long-range 
        national policy for the responsible use and stewardship of 
        inland waters for the benefit of the United States.
            (3) Consultation.--The report under paragraph (1) shall be 
        developed in consultation with the States.
            (4) Effect of subsection.--Nothing in this subsection 
        authorizes the President to take any administrative or 
        regulatory action, or to implement a reorganization plan, not 
        otherwise authorized by other law in effect as of the date of 
        the action.
    (b) Biennial Report.--Not later than January 31, 2006, and 
biennially thereafter, the President shall submit to Congress a report 
on all Federal programs relating to inland waters activities, 
including--
            (1) a description of each program;
            (2) the relationship between the program and other Federal 
        programs;
            (3) the level of funding for the program for the fiscal 
        year in which the report is submitted; and
            (4) a projection of the level at which the program will be 
        funded for each of the following 5 fiscal years.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$8,500,000, to remain available until expended.

SEC. 11. TERMINATION OF COMMISSION.

    The Commission shall terminate 120 days after the date on which the 
Commission submits the final report of the Commission under section 
6(c)(2).
                                 <all>