[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 508 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 508

    To provide for the environmental restoration of the Great Lakes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2005

Mr. DeWine (for himself, Mr. Levin, Ms. Stabenow, Mr. Lugar, Mr. Bayh, 
Mr. Dayton, and Mr. Kohl) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
    To provide for the environmental restoration of 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 the ``Great Lakes Environmental 
Restoration Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Great Lakes and the connecting channels of the 
        Great Lakes form the largest freshwater system in the world, 
        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) 30 years after the date of enactment of the Federal 
        Water Pollution Control Act (33 U.S.C. 1251 et seq.), water 
        quality in the Great Lakes has improved, but the Great Lakes 
        remain in a degraded state;
            (3) evidence of the degraded environment of the Great Lakes 
        includes--
                    (A) a record 599 closings of Great Lakes beaches in 
                2001;
                    (B) an increase to 20 percent in the percentage of 
                Great Lakes shoreline that contains polluted sediments; 
                and
                    (C) the issuance by State and local authorities of 
                1,400 fish consumption advisories relating to the Great 
                Lakes;
            (4) the Great Lakes are sources of drinking water for 
        approximately 40,000,000 people in the United States and 
        Canada;
            (5) in the years since the Great Lakes Water Quality 
        Agreement was signed and the United States and Canada agreed to 
        ``restore and maintain the chemical, physical, and biological 
        integrity of the waters of the Great Lakes Basin and give 
        priority attention to the 43 designated Areas of Concern'', no 
        sites have been restored in the United States;
            (6) it is the responsibility of the Federal Government and 
        State and local governments to ensure that the Great Lakes 
        remain a clean and safe source of water for drinking, fishing, 
        and swimming; and
            (7) while the total quantity of resources needed to restore 
        the Great Lakes is unknown, additional funding is needed now to 
        augment existing efforts to address the known threats facing 
        the Great Lakes.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Great Lakes 
        Environmental Restoration Advisory Board established by section 
        5(a).
            (2) Great lake.--The term ``Great Lake'' means--
                    (A) Lake Erie;
                    (B) Lake Huron (including Lake Saint Clair);
                    (C) Lake Michigan;
                    (D) Lake Ontario;
                    (E) Lake Superior; and
                    (F) the connecting channels of those Lakes, 
                including--
                            (i) the Saint Marys River;
                            (ii) the Saint Clair River;
                            (iii) the Detroit River;
                            (iv) the Niagara River; and
                            (v) the Saint Lawrence River to the 
                        Canadian border.
            (3) Great lakes state.--The term ``Great Lakes State'' 
        means each of the States of Illinois, Indiana, Ohio, Michigan, 
        Minnesota, New York, Pennsylvania, and Wisconsin.
            (4) Great lakes system.--The term ``Great Lakes system'' 
        means all the streams, rivers, lakes, and other bodies of water 
        in the drainage basin of the Great Lakes.
            (5) Program.--The term ``Program'' means the Great Lakes 
        Environmental Restoration Grant Program established by section 
        4(a).
            (6) Program office.--The term ``Program Office'' means the 
        Great Lakes National Program Office of the Environmental 
        Protection Agency.
            (7) Task force.--The term ``Task Force'' means the Great 
        Lakes Interagency Task Force established by section 6(a).

SEC. 4. GREAT LAKES RESTORATION GRANTS.

    (a) Establishment.--There is established a Great Lakes 
Environmental Restoration Grant Program, to be administered by the 
Program Office.
    (b) Grants.--
            (1) In general.--In coordination with the Board, the 
        Program Office shall provide to States, municipalities, and 
        other applicants grants for use in and around the Great Lakes 
        in carrying out--
                    (A) contaminated sediment cleanup;
                    (B) wetland restoration;
                    (C) invasive species control and prevention;
                    (D) coastal wildlife and fisheries habitat 
                improvement;
                    (E) public access improvement;
                    (F) water quality improvement;
                    (G) sustainable water use;
                    (H) nonpoint source pollution reduction; or
                    (I) such other projects and activities to restore, 
                protect, and assist the recovery of the Great Lakes as 
                the Board may determine.
            (2) Distribution.--In providing grants under this section 
        for a fiscal year, the Program Office shall ensure that--
                    (A) at least 1 project or activity is funded in 
                each Great Lakes State for the fiscal year;
                    (B) the amount of funds received by each Great 
                Lakes State under this section for the fiscal year is 
                at least 6 percent, but not more than 30 percent, of 
                the total amount of funds made available for grants 
                under this section for the fiscal year;
                    (C) each project or activity for which funding is 
                provided results in 1 or more tangible improvements in 
                the Great Lakes watershed; and
                    (D) each project or activity for which funding is 
                provided addresses 1 or more priority issue areas 
                identified by the Board for the fiscal year.
            (3) Grant evaluation.--
                    (A) In general.--In evaluating grant proposals, the 
                Program Office shall give great weight to the ranking 
                of proposals by the Board under section 5(c)(3).
                    (B) Decision not to fund.--Not later than 30 days 
                after the date of the determination, if the Program 
                Office decides not to fund a grant proposal ranked by 
                the Board as 1 of the top 10 proposals meriting 
                funding, the Program Office shall provide to the Board 
                a written statement explaining the reasons why the 
                proposal was not funded.
            (4) Funding limitations.--Funds provided under the Program 
        shall not be used for any of the following activities:
                    (A) Design, construction, or improvement of a road, 
                except as required in connection with a sewer upgrade.
                    (B) Design, implementation, or evaluation of a 
                research or monitoring project or activity, except as 
                required in connection with a project or activity that 
                will result in a tangible improvement to the Great 
                Lakes watershed.
                    (C) Design or implementation of a beautification 
                project or activity that does not result in a tangible 
                improvement to the Great Lakes watershed.
                    (D) Litigation expenses, including legal actions 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) Lobbying expenses (as defined in section 2 of 
                the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602)).
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $600,000,000 for each of fiscal years 
        2006 through 2015.
            (2) Cost sharing.--The Federal share of the cost of any 
        project or activity carried out using funds made available 
        under paragraph (1) shall not exceed 80 percent.
            (3) In-kind contributions.--The non-Federal share of the 
        cost of any project or activity carried out using funds made 
        available under paragraph (1) may be provided in cash or in 
        kind.

SEC. 5. GREAT LAKES ENVIRONMENTAL RESTORATION ADVISORY BOARD.

    (a) Establishment.--There is established a committee to be known as 
the ``Great Lakes Environmental Restoration Advisory Board''.
    (b) Membership.--
            (1) In general.--The Board shall be composed of 21 voting 
        members (or designees of the members), of whom--
                    (A) 8 shall be the Governors of the Great Lakes 
                States;
                    (B) 1 shall be the Director of the Great Lakes 
                National Program Office;
                    (C) 1 shall be the Secretary of the Interior;
                    (D) 1 shall be the Director of the National Oceanic 
                and Atmospheric Administration;
                    (E) 1 shall be the Chief of Engineers;
                    (F) 1 shall be the Secretary of Agriculture; and
                    (G) 8 shall be chief executives of cities, 
                counties, or municipalities in the Great Lakes basin 
                and selected by the Steering Committee of the Great 
                Lakes Cities Initiative, including 1 member from each 
                Great Lakes State.
            (2) Observers.--The Board may include observers, 
        including--
                    (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) 8 representatives of environmental 
                organizations (with 1 member appointed by the Governor 
                of each Great Lakes State), including--
                            (i) Great Lakes United;
                            (ii) the Lake Michigan Federation;
                            (iii) the National Wildlife Federation;
                            (iv) the Sierra Club; and
                            (v) The Nature Conservancy;
                    (E) 5 representatives of industry selected by the 
                chairperson of the Board;
                    (F) the Chairperson of the United States section of 
                the International Joint Committee;
                    (G) the Vice Chairperson of the United States 
                section of the Great Lakes Fishery Commission;
                    (H) the Chairperson of the Great Lakes Commission; 
                and
                    (I) 3 representatives of Native Americans selected 
                by the President.
            (3) 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.
            (4) Term; vacancies.--
                    (A) Term.--A member of the Board shall be appointed 
                for 5 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.
            (5) Meetings.--The Board shall meet at the call of the 
        chairperson.
            (6) Chairperson.--The Board shall select a chairperson of 
        the Board from the members appointed under paragraph (1)(A).
    (c) Duties.--
            (1) In general.--Before the beginning of the fiscal year, 
        the Board shall determine by majority vote, and shall submit to 
        the Program Office, the funding priority issue areas that shall 
        apply to all grants provided under section 4 during the fiscal 
        year.
            (2) Great lakes goals.--The priorities shall be based on 
        environmental restoration goals for the Great Lakes that--
                    (A) are prepared by the Governors of Great Lakes 
                States; and
                    (B) identify specific objectives and the best 
                methods by which to produce a tangible improvement to 
                the Great Lakes.
            (3) Grants.--
                    (A) Program office.--The Program Office shall 
                provide to the Board, in a timely manner, copies of 
                grant proposals submitted under section 4.
                    (B) Board.--The Board shall--
                            (i) review the grant proposals; and
                            (ii) by a date specified by the Program 
                        Office, provide to the Program Office a list of 
                        the grant applications that the Board 
                        recommends for funding, ranked in order of the 
                        applications that most merit funding.

SEC. 6. GREAT LAKES INTERAGENCY TASK FORCE.

    (a) Establishment.--There is established, in the Environmental 
Protection Agency, the Great Lakes Interagency Task Force.
    (b) Purposes.--The purposes of the Task Force are--
            (1) to help establish a process for collaboration among the 
        members of the Task Force, the members of the working group 
        established under subsection (e)(1), the Great Lakes States, 
        local communities, tribes, regional bodies, and other interests 
        in the Great Lakes region regarding policies, strategies, 
        projects, and priorities for the Great Lakes system;
            (2) to collaborate with Canada and binational bodies 
        involved in the Great Lakes region regarding policies, 
        strategies, projects, and priorities for the Great Lakes 
        system;
            (3) to coordinate the development of consistent Federal 
        policies, strategies, projects, and priorities for addressing 
        the restoration and protection of the Great Lakes system and 
        assisting in the appropriate management of the Great Lakes 
        system;
            (4) to develop outcome-based goals for the Great Lakes 
        system relying on--
                    (A) existing data and science-based indicators of 
                water quality and related environmental factors, and 
                other factors;
                    (B) focusing on outcomes such as cleaner water, 
                sustainable fisheries, and biodiversity of the Great 
                Lakes system; and
                    (C) ensuring that Federal policies, strategies, 
                projects, and priorities support measurable results;
            (5) to exchange information regarding policies, strategies, 
        projects, and priorities related to the Great Lakes system 
        between the agencies represented on the Task Force;
            (6) to coordinate action of the Federal Government 
        associated with the Great Lakes system;
            (7) to ensure coordinated Federal scientific and other 
        research associated with the Great Lakes system;
            (8) to ensure coordinated development and implementation of 
        the Great Lakes portion of the Global Earth Observation System 
        of Systems by the Federal Government; and
            (9) to provide assistance and support to agencies 
        represented on the Task Force in the activities of the agencies 
        related to the Great Lakes system.
    (c) Membership and Operation.--
            (1) In general.--The Task Force shall consist of--
                    (A) the Administrator of the Environmental 
                Protection Agency;
                    (B) the Secretary of State;
                    (C) the Secretary of the Interior;
                    (D) the Secretary of Agriculture;
                    (E) the Secretary of Commerce;
                    (F) the Secretary of Housing and Urban Development;
                    (G) the Secretary of Transportation;
                    (H) the Secretary of Homeland Security;
                    (I) the Secretary of the Army; and
                    (J) the Chairperson of the Council on Environmental 
                Quality.
            (2) Operation.--A member of the Task Force may designate to 
        perform the Task Force functions of the member any person who 
        is part of the department, agency, or office of the member and 
        who is--
                    (A) an officer of the United States appointed by 
                the President; or
                    (B) a full-time employee of the United States 
                serving in a position with pay equal to or great than 
                the minimum rate payable for grade GS-15 of the General 
                Schedule.
    (d) Chairperson.--The Administrator of the Environmental Protection 
Agency shall serve as chairperson of the Task Force.
    (e) Duties.--
            (1) Great lakes regional working group.--
                    (A) In general.--The Task Force shall establish a 
                Great Lakes regional working group to coordinate and 
                make recommendations on how to implement the policies, 
                strategies, projects, and priorities of the Task Force.
                    (B) Membership.--The working group established 
                under subparagraph (A) shall consist of the appropriate 
                regional administrator or director with programmatic 
                responsibility for the Great Lakes system for each 
                agency represented on the Task Force, including--
                            (i) the Great Lakes National Program Office 
                        of the Environmental Protection Agency;
                            (ii) the United States Fish and Wildlife 
                        Service of the Department of the Interior;
                            (iii) the National Park Service of the 
                        Department of the Interior;
                            (iv) the United States Geological Survey of 
                        the Department of the Interior;
                            (v) the Natural Resources Conservation 
                        Service of the Department of Agriculture;
                            (vi) the Forest Service of the Department 
                        of Agriculture;
                            (vii) the National Oceanic and Atmospheric 
                        Administration of the Department of Commerce;
                            (viii) the Department of Housing and Urban 
                        Development;
                            (ix) the Department of Transportation;
                            (x) the Coast Guard in the Department of 
                        Homeland Security; and
                            (xi) the Corps of Engineers.
            (2) Principles of successful regional collaboration.--The 
        chairperson of the Task Force shall coordinate the development 
        of a set of principles of successful regional collaboration to 
        advance the policy set forth in section 1 of the Great Lakes 
        Interagency Task Force: Executive Order dated May 18, 2004.
            (3) Report.--Not later than May 31, 2005, and annually 
        thereafter as appropriate, the Task Force shall submit to the 
        President a report that--
                    (A) summarizes the activities of the Task Force; 
                and
                    (B) provides any recommendations that would, in the 
                judgment of the Task Force, advance the policy set 
                forth in section 1 of the Great Lakes Interagency Task 
                Force: Executive Order dated May 18, 2004.

SEC. 7. GREAT LAKES WATER QUALITY INDICATORS AND MONITORING.

    (a) In General.--Section 118(c)(1) of the Federal Water Pollution 
Control Act (33 U.S.C. 1268(c)(1)) is amended by striking subparagraph 
(B) and inserting the following:
                    ``(B)(i) not later than 2 years after the date of 
                enactment of this clause, in cooperation with Canada 
                and appropriate Federal agencies (including the United 
                States Geological Survey, the National Oceanic and 
                Atmospheric Administration, and the United States Fish 
                and Wildlife Service), develop and implement a set of 
                science-based indicators of water quality and related 
                environmental factors in the Great Lakes, including, at 
                a minimum, measures of toxic pollutants that have 
                accumulated in the Great Lakes for a substantial period 
                of time, as determined by the Program Office;
                    ``(ii) not later than 4 years after the date of 
                enactment of this clause--
                            ``(I) establish a Federal network for the 
                        regular monitoring of, and collection of data 
                        throughout, the Great Lakes basin with respect 
                        to the indicators described in clause (i); and
                            ``(II) collect an initial set of benchmark 
                        data from the network; and
                    ``(iii) not later than 2 years after the date of 
                collection of the data described in clause (ii)(II), 
                and biennially thereafter, in addition to the report 
                required under paragraph (10), submit to Congress, and 
                make available to the public, a report that--
                            ``(I) describes the water quality and 
                        related environmental factors of the Great 
                        Lakes (including any changes in those factors), 
                        as determined through the regular monitoring of 
                        indicators under clause (ii)(I) for the period 
                        covered by the report; and
                            ``(II) identifies any emerging problems in 
                        the water quality or related environmental 
                        factors of the Great Lakes.''.
    (b) Authorization of Appropriations.--Section 118 of the Federal 
Water Pollution Control Act (33 U.S.C. 1268) is amended by striking 
subsection (h) and inserting the following:
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section (other than subsection (c)(1)(B)) 
        $25,000,000 for each of fiscal years 2006 through 2010.
            ``(2) Great lakes water quality indicators and 
        monitoring.--There are authorized to be appropriated to carry 
        out subsection (c)(1)(B)--
                    ``(A) $4,000,000 for fiscal year 2006;
                    ``(B) $6,000,000 for fiscal year 2007;
                    ``(C) $8,000,000 for fiscal year 2008; and
                    ``(D) $10,000,000 for fiscal year 2009.''.
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