1.This Act may be cited as the
Great Lakes Environmental Restoration
Act
.
2.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.
3.In this Act:
(1)The
term Board means the Great Lakes Environmental Restoration
Advisory Board established by section 5(a).
(2)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)The term Great Lakes State means each of the
States of Illinois, Indiana, Ohio, Michigan, Minnesota, New York, Pennsylvania,
and Wisconsin.
(4)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)The
term Program means the Great Lakes Environmental Restoration Grant
Program established by section 4(a).
(6)The term Program Office means the Great Lakes
National Program Office of the Environmental Protection Agency.
(7)The term Task Force means the Great Lakes
Interagency Task Force established by section 6(a).
4.Great Lakes
restoration grants
(a)There
is established a Great Lakes Environmental Restoration Grant Program, to be
administered by the Program Office.
(b)
(1)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)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)
(A)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)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)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)There is authorized to be appropriated to carry out this
section $600,000,000 for each of fiscal years 2006 through 2015.
(2)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)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.
5.Great Lakes
Environmental Restoration Advisory Board
(a)There
is established a committee to be known as the Great Lakes Environmental
Restoration Advisory Board
.
(b)
(1)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)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)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)
(A)A
member of the Board shall be appointed for 5 years.
(B)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)The
Board shall meet at the call of the chairperson.
(6)The
Board shall select a chairperson of the Board from the members appointed under
paragraph (1)(A).
(c)
(1)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)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)
(A)The Program Office shall provide to the Board, in a timely
manner, copies of grant proposals submitted under section 4.
(B)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.
6.Great Lakes
Interagency Task Force
(a)There
is established, in the Environmental Protection Agency, the Great Lakes
Interagency Task Force.
(b)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)
(1)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)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)The
Administrator of the Environmental Protection Agency shall serve as chairperson
of the Task Force.
(e)
(1)Great Lakes
regional working group
(A)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)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 collaborationThe 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)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.
7.Great Lakes
water quality indicators and monitoring
(a)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 appropriationsSection 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)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 monitoringThere 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.
.