1.This Act may be cited as the
National Inland Waters Policy
Commission Act of 2005
.
2.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.
3.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.
4.In this Act:
(1)The
term Commission means the Commission on Inland Waters Policy
established by section 5(a).
(2)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)The term inland waters resource means a
living or nonliving natural, historic, or cultural resource in the environment
of inland waters.
5.Establishment of
Commission
(a)There
is established a commission to be known as the Commission on Inland
Waters Policy
.
(b)
(1)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)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)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)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)
(1)A
member shall be appointed for the life of the Commission.
(2)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)
(1)The Commission shall meet at the call of the
Chairperson.
(2)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)
(A)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
of each public meeting shall be published in the Federal Register in advance of
the meeting.
(e)A
majority of the members of the Commission shall constitute a quorum, but a
lesser number of members may hold hearings.
(f)
(1)The Commission shall select a Chairperson from among the
members of the Commission.
(2)The
Chairperson shall supervise the staff and the expenditure of the funds of the
Commission.
6.
(a)
(1)The Commission shall conduct a study of all matters
relating to inland waters.
(2)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)
(1)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
recommendationsIn 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)
(1)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)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)
(1)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 dataThe science advisory panel shall ensure
that the scientific information considered by the Commission is based on the
best available data.
7.
(a)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)The Commission may secure directly from a Federal agency
such information as the Commission considers necessary to carry out this
Act.
(2)On request of the Chairperson of the Commission, the
head of the agency shall provide the information to the Commission.
(c)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)The
Commission may accept, use, and dispose of gifts or donations of services or
property.
8.Commission
personnel matters
(a)
(1)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)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)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)
(1)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 directorThe employment of an executive director shall
be subject to confirmation by the Commission.
(3)
(A)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)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)An employee of the Federal Government may be detailed to
the Commission without reimbursement.
(2)The detail of the employee shall be without interruption
or loss of civil service status or privilege.
(e)Procurement of
temporary and intermittent servicesThe 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.
9.
(a)National Inland
Waters Policy
(1)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)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)The
report under paragraph (1) shall be developed in consultation with the
States.
(4)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)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.
10.Authorization
of appropriationsThere is
authorized to be appropriated to carry out this Act $8,500,000, to remain
available until expended.
11.Termination of
CommissionThe Commission
shall terminate 120 days after the date on which the Commission submits the
final report of the Commission under section 6(c)(2).