II 109th CONGRESS 2d Session S. 2545 IN THE SENATE OF THE UNITED STATES April 5, 2006 Mr. DeWine (for himself, Mr. Levin, Ms. Stabenow, Mr. Voinovich, Mrs. Clinton, and Mr. Schumer) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish a collaborative program to protect the Great Lakes, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Great Lakes Collaboration Implementation Act of 2006. (b)

Table of contents

The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—Invasive species Subtitle A—Aquatic invasive species Sec. 101. Short title. Sec. 102. Definitions. Sec. 103. Prevention of introduction of aquatic invasive species into waters of the United States by vessels. Sec. 104. Armed services whole vessel management program. Sec. 105. Priority pathway management program. Sec. 106. Screening process for planned importations of live aquatic organisms. Sec. 107. Early detection. Sec. 108. Rapid response. Sec. 109. Environmental soundness. Sec. 110. Information, education, and outreach. Sec. 111. Ecological and pathway research. Sec. 112. Analysis. Sec. 113. Dissemination. Sec. 114. Technology development, demonstration, and verification. Sec. 115. Research to support the setting and implementation of ship pathway standards. Sec. 116. Research in systematics and taxonomy. Sec. 117. State programs. Sec. 118. Program coordination. Sec. 119. International coordination. Sec. 120. Authorization of appropriations. Sec. 121. Conforming amendments. Subtitle B—Asian carp prevention and control Sec. 125. Addition of species of carp to the list of injurious species that are prohibited from being imported or shipped. Sec. 126. Dispersal barriers. Subtitle C—National Invasive Species Council Sec. 131. Definitions. Sec. 132. Limitation on Federal actions. Sec. 133. National Invasive Species Council. Sec. 134. Duties. Sec. 135. National Invasive Species Management Plan. Sec. 136. Invasive Species Advisory Committee. Sec. 137. Budget analysis and summary. Sec. 138. Existing executive order. Sec. 139. Authorization of appropriations. TITLE II—Habitat and species Sec. 201. Short title. Sec. 202. Findings. Sec. 203. Definitions. Sec. 204. Identification, review, and implementation of proposals. Sec. 205. Goals of United States Fish and Wildlife Service Programs related to Great Lakes fish and wildlife resources. Sec. 206. Establishment of offices. Sec. 207. Reports. Sec. 208. Authorization of appropriations. TITLE III—Coastal health Sec. 301. Technical assistance. Sec. 302. Sewer overflow control grants. Sec. 303. Water pollution control revolving loan funds. Sec. 304. Allotment of funds. Sec. 305. Authorization of appropriations. TITLE IV—Areas of concern Sec. 401. Great Lakes. TITLE V—Toxic substances Sec. 501. Mercury reduction grants. TITLE VI—Indicators and information Subtitle A—Research program Sec. 601. Research reauthorizations. Sec. 602. Great Lakes Science Center. Sec. 603. Great Lakes Environmental Research Laboratory. Subtitle B—Ocean and coastal observation system Sec. 611. Definitions. Sec. 612. Integrated ocean and coastal observing system. Sec. 613. Research, development, and education. Sec. 614. Interagency financing. Sec. 615. Application with Outer Continental Shelf Lands Act. Sec. 616. Authorization of appropriations. Sec. 617. Reporting requirement. Subtitle C—Great lakes water quality indicators and monitoring Sec. 621. Great Lakes water quality indicators and monitoring. TITLE VII—Sustainable development Sec. 701. Waterfront restoration and remediation projects. Sec. 702. Authority of Secretary to restore and remediate waterfront and related areas. Sec. 703. Authorization of appropriations. TITLE VIII—Coordination and oversight Sec. 801. Definitions. Sec. 802. Great Lakes Interagency Task Force. Sec. 803. Executive Committee. Sec. 804. Great Lakes Regional Collaboration.

2.

Findings

Congress finds that— (1)the Great Lakes, containing approximately 20 percent of the Earth's fresh surface water, are a treasure of global significance; (2)the Great Lakes provide drinking water for millions of people, facilitate commerce, and provide recreational opportunities for people from across the United States and around the world; (3)renewed efforts and investments are critical to aid in meeting the goals and objectives of the Great Lakes Water Quality Agreement between the United States and Canada; (4)in a report issued in December 2005, a group of leading scientists from top institutions in the Great Lakes area found that— (A)the Great Lakes are on the brink of an ecologic catastrophe; (B)the primary stressors straining the health of the Great Lakes are— (i)toxic chemicals; (ii)overloading of human waste and urban and agricultural runoff; (iii)physical changes to the shorelines and wetlands; (iv)invasive plant and animal species; (v)changes in water patterns; and (vi)overfishing; (C)the deterioration of the Great Lakes ecosystem is accelerating dramatically; and (D)if the pattern of deterioration is not reversed immediately, the damage could be irreparable; (5)as a result of the stressors described in paragraph (4)(B)— (A)over 1,800 beaches were closed in 2003; (B)Lake Erie has developed a 6,300 square mile dead zone that forms every summer; (C)zebra mussels, an aquatic invasive species, cause $500,000,000 per year in economic and environmental damage in the Great Lakes; (D)there is no appreciable natural reproduction of lake trout in the lower 4 Great Lakes; and (E)wildlife habitats have been destroyed, which has diminished fishing, hunting, and other outdoor recreation opportunities in the Great Lakes; (6)because of the patchwork approach to fixing the problems facing the Great Lakes, the problems have not only persisted in, but have also gotten worse in some areas of, the Great Lakes; (7)rather than dealing with 1 problem or location of the Great Lakes at a time, a comprehensive restoration of the system is needed to prevent the Great Lakes from collapsing; (8)in December 2004, work began on the Great Lakes Regional Collaboration, a unique partnership that was— (A)formed for the purpose of developing a strategic action plan for Great Lakes restoration; and (B)composed of— (i)key members from the Federal Government, State and local governments, and Indian tribes; and (ii)other stakeholders; (9)over 1,500 people throughout the Great Lakes region participated in this collaborative process, with participants working on 1 or more of the 8 strategy teams that focused on different issues affecting the Great Lakes basin; (10)the recommendations of the Great Lakes Regional Collaboration, which was released on December 12, 2005, identify actions to address the issues affecting the Great Lake basin on the Federal, State, local, and tribal level; and (11)comprehensive restoration must be adaptive, and ongoing efforts will be required to continually implement the recommendations of the Great Lakes Regional Collaboration as the recommendations relate to buffers, river restoration, wetlands, emerging toxic pollutants, and other issues affecting the Great Lakes basin.

3.

Definitions

In this Act: (1)

Administering agencies

The term administering agencies means— (A)the National Oceanic and Atmospheric Administration (including the Great Lakes Environmental Research Laboratory); (B)the Smithsonian Institution (acting through the Smithsonian Environmental Research Center); and (C)the United States Geological Survey. (2)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency. (3)

Aquatic ecosystem

The term aquatic ecosystem means a freshwater, marine, or estuarine environment (including inland waters, riparian areas, and wetlands) located in the United States. (4)

Ballast water

The term ballast water means any water (with its suspended matter) used to maintain the trim and stability of a vessel. (5)

Invasion

The term invasion means the introduction and establishment of an invasive species into an ecosystem beyond its historic range. (6)

Invasive species

The term invasive species means a species— (A)that is nonnative to the ecosystem under consideration; and (B)whose introduction causes or may cause harm to the economy, the environment, or human health. (7)

Invasive species council

The term Invasive Species Council means the council established by section 3 of Executive Order No. 13112 (42 U.S.C. 4321 note). (8)

Pathway

The term pathway means 1 or more routes by which an invasive species is transferred from 1 ecosystem to another. (9)

Species

The term species means any fundamental category of taxonomic classification or any viable biological material ranking below a genus or subgenus. (10)

Task force

The term Task Force means the Aquatic Nuisance Species Task Force established by section 1201(a) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721(a)). (11)

Type approval

The term type approval means an approval procedure under which a type of system is certified as meeting a standard established pursuant to Federal law (including a regulation) for a particular application.