[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3073 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3073

To amend the Federal Water Pollution Control Act to protect and restore 
                            the Great Lakes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 2010

  Mr. Levin (for himself, Mr. Voinovich, Ms. Klobuchar, Mr. Brown of 
    Ohio, Mr. Franken, Ms. Stabenow, and Mr. Durbin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Water Pollution Control Act to protect and restore 
                            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 Ecosystem Protection Act 
of 2010''.

SEC. 2. GREAT LAKES PROVISION MODIFICATIONS.

    (a) Findings; Purpose.--Section 118(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1268(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) the United States should seek to attain the 
                goals embodied in the Great Lakes Restoration 
                Initiative Action Plan, the Great Lakes Regional 
                Collaboration Strategy, and the Great Lakes Water 
                Quality Agreement; and''; and
                    (B) in subparagraph (C), by inserting ``, tribal,'' 
                after ``State''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Purpose.--The purpose of this section is to achieve 
        the goals established in the Great Lakes Restoration Initiative 
        Action Plan, the Great Lakes Regional Collaboration Strategy, 
        and the Great Lakes Water Quality Agreement through--
                    ``(A) improved organization and definition of 
                mission on the part of the Agency;
                    ``(B) the funding of grants for protection, 
                restoration, and pollution control in the Great Lakes 
                area; and
                    ``(C) improved accountability.''.
    (b) Great Lakes Management.--Section 118(c) of the Federal Water 
Pollution Control Act (33 U.S.C. 1268(c)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``,;'' and 
                inserting a semicolon;
                    (B) by striking subparagraph (E);
                    (C) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (E) and (F), respectively;
                    (D) in subparagraph (E) (as so redesignated), by 
                adding ``and'' at the end;
                    (E) in subparagraph (F) (as so redesignated), by 
                striking ``; and'' and inserting a period; and
                    (F) by inserting after subparagraph (B) the 
                following:
                    ``(C) provide the support described in paragraph 
                (6);
                    ``(D) coordinate with the Great Lakes Interagency 
                Task Force, as required under paragraph (7);'';
            (2) in paragraph (3)(C), by striking ``subparagraph 
        (c)(1)(C) of this section'' and inserting ``paragraph (1)(E)'';
            (3) by striking paragraph (6) and inserting the following:
            ``(6) Great lakes governance and management.--
                    ``(A) Great lakes leadership council.--
                            ``(i) Establishment.--There is established 
                        a council, to be known as the Great Lakes 
                        Leadership Council (referred to in this 
                        paragraph as the `Council').
                            ``(ii) Duties.--The Council shall--
                                    ``(I) develop and establish Great 
                                Lakes protection and restoration 
                                policy;
                                    ``(II) approve long-term goals and 
                                objectives relating to Great Lakes 
                                protection and restoration, including 
                                the Great Lakes Restoration Initiative;
                                    ``(III) establish annual priorities 
                                with respect to Great Lakes protection 
                                and restoration, including priorities 
                                for the Great Lakes Restoration 
                                Initiative;
                                    ``(IV) submit to Congress, the 
                                President, and the public reports 
                                describing progress made during the 
                                reporting period with respect to Great 
                                Lakes protection and restoration;
                                    ``(V) seek consensus among units of 
                                government and stakeholders regarding 
                                disputes relating to Great Lakes 
                                protection and restoration;
                                    ``(VI) determine a process for 
                                participation in relevant international 
                                forums, such as the Great Lakes Water 
                                Quality Agreement; and
                                    ``(VII) provide input annually 
                                regarding Federal budget priorities and 
                                levels for Great Lakes protection and 
                                restoration, including the Great Lakes 
                                Restoration Initiative.
                            ``(iii) Membership.--
                                    ``(I) In general.--The membership 
                                of the Council shall include--
                                            ``(aa) 8 heads of Federal 
                                        departments and agencies, to be 
                                        appointed by the President, 
                                        including--

                                                    ``(AA) the 
                                                Administrator;

                                                    ``(BB) the Chief of 
                                                Engineers;

                                                    ``(CC) the 
                                                Secretary of the 
                                                Interior;

                                                    ``(DD) the 
                                                Secretary of 
                                                Agriculture;

                                                    ``(EE) the 
                                                Secretary of Commerce; 
                                                and

                                                    ``(FF) the head of 
                                                the department in which 
                                                the Coast Guard is 
                                                operating;

                                            ``(bb) the governors of the 
                                        Great Lake States;
                                            ``(cc) 8 representatives of 
                                        tribal governments, to be 
                                        appointed by the Indian tribes 
                                        located in the Great Lakes 
                                        basin; and
                                            ``(dd) 8 mayors, including 
                                        mayors participating in the 
                                        Great Lakes and St. Lawrence 
                                        Cities Initiative, to be 
                                        appointed by the mayors of 
                                        areas located in the Great 
                                        Lakes basin.
                                    ``(II) Chairperson.--The 
                                Administrator shall serve as 
                                chairperson of the Council.
                                    ``(III) Secretary.--The Director of 
                                the Program Office shall serve as 
                                secretary of, and provide 
                                administrative support to, the Council.
                                    ``(IV) Observer members.--The 
                                membership of the Council shall include 
                                1 observer member from each of--
                                            ``(aa) the International 
                                        Joint Commission;
                                            ``(bb) the Great Lakes 
                                        Fishery Commission;
                                            ``(cc) the Great Lakes 
                                        Commission; and
                                            ``(dd) Canada.
                            ``(iv) Committees.--The Council may 
                        establish such committees as the Council 
                        determines to be appropriate for issues 
                        including--
                                    ``(I) executive issues;
                                    ``(II) science issues;
                                    ``(III) implementation issues; and
                                    ``(IV) funding issues.
                            ``(v) Meetings.--
                                    ``(I) In general.--The Council 
                                shall meet not less frequently than 
                                once each year.
                                    ``(II) Open to public.--The 
                                meetings of the Council shall be held 
                                open to the public.
                            ``(vi) Operation.--The Council shall 
                        operate on a consensus basis.
                            ``(vii) Costs.--The Agency shall pay the 
                        operating costs of the Council.
                    ``(B) Great lakes management committee.--
                            ``(i) Establishment.--There is established 
                        within the Council a committee, to be known as 
                        the `Great Lakes Management Committee'.
                            ``(ii) Duties.--The Great Lakes Management 
                        Committee shall--
                                    ``(I) submit reports to the 
                                Council, including recommendations 
                                regarding relevant issues;
                                    ``(II) provide direction for the 
                                planning, assessment, and reporting 
                                efforts of the Council;
                                    ``(III) monitor and assist in 
                                implementation activities relating to 
                                Great Lakes management; and
                                    ``(IV) engage in ongoing problem 
                                solving regarding Great Lakes 
                                management.
                            ``(iii) Membership.--
                                    ``(I) Membership.--The Great Lakes 
                                Management Committee shall consist of 
                                11 members, of whom--
                                            ``(aa) 1 shall be appointed 
                                        by each unit of government 
                                        included in the membership of 
                                        the Council;
                                            ``(bb) 1 shall be appointed 
                                        by the Great Lakes Commission;
                                            ``(cc) 1 shall be appointed 
                                        by the International Joint 
                                        Commission;
                                            ``(dd) 1 shall be appointed 
                                        by the Great Lakes Fishery 
                                        Commission;
                                            ``(ee) 1 shall be a 
                                        representative of the 
                                        environmental community in the 
                                        Great Lakes, to be appointed by 
                                        the Administrator, after 
                                        soliciting advice from that 
                                        community;
                                            ``(ff) 1 shall be a 
                                        representative of the 
                                        agricultural community, to be 
                                        appointed by the Administrator, 
                                        after soliciting advice from 
                                        that community;
                                            ``(gg) 1 shall be a 
                                        representative of Great Lakes 
                                        industry, to be appointed by 
                                        the Administrator, after 
                                        soliciting advice from that 
                                        industry;
                                            ``(hh) 1 shall be a 
                                        representative of the 
                                        scientific community, to be 
                                        appointed by the Administrator, 
                                        after soliciting advice from 
                                        that community; and
                                            ``(ii) 1 shall be a 
                                        representative of Canada, who 
                                        shall serve as an observer 
                                        member.
                                    ``(II) Chairperson.--The senior 
                                advisor on Great Lakes of the Agency 
                                (or a designee) shall serve as 
                                chairperson of the Great Lakes 
                                Management Committee.
                                    ``(III) Secretary.--The Director of 
                                the Program Office shall serve as 
                                secretary of, and provide 
                                administrative support to, the Great 
                                Lakes Management Committee.
                            ``(iv) Meetings.--
                                    ``(I) In general.--The Great Lakes 
                                Management Committee shall meet not 
                                less frequently than once each quarter.
                                    ``(II) Open to public.--
                                            ``(aa) In general.--Subject 
                                        to item (bb), the meetings of 
                                        the Great Lakes Management 
                                        Committee shall be held open to 
                                        the public.
                                            ``(bb) Executive 
                                        sessions.--The Great Lakes 
                                        Management Committee may hold 
                                        executive sessions that are 
                                        closed to the public.
                            ``(v) Operation.--The Great Lakes 
                        Management Committee shall operate on a 
                        consensus basis.
                            ``(vi) Costs.--The Agency shall pay the 
                        operating costs of the Great Lakes Management 
                        Committee.'';
            (4) by striking paragraph (7) and inserting the following:
            ``(7) Great lakes interagency task force.--
                    ``(A) Establishment.--There is established a task 
                force, to be known as the `Great Lakes Interagency Task 
                Force'.
                    ``(B) Coordination.--The Program Office shall 
                coordinate, to the maximum extent practicable, with the 
                Great Lakes Interagency Task Force established by 
                subparagraph (A).'';
            (5) in paragraph (8)--
                    (A) by redesignating subparagraphs (A) through (C) 
                as clauses (i) through (iii), respectively, and 
                indenting the clauses appropriately;
                    (B) by striking ``The Administrator'' and inserting 
                the following:
                    ``(A) In general.--The Administrator''; and
                    (C) by adding at the end the following:
                    ``(B) Annual reports.--Not later than 30 days after 
                the date of publication of the budget for a fiscal 
                year, the Administrator shall submit to Congress a 
                report that describes--
                            ``(i) with respect to each organizational 
                        element of the Agency referred to in 
                        subparagraph (A)--
                                    ``(I) the budget of the element for 
                                Great Lakes restoration activities for 
                                the applicable fiscal year;
                                    ``(II) each Great Lakes restoration 
                                activity to be carried out by the 
                                element during the applicable fiscal 
                                year; and
                                    ``(III) the means by which progress 
                                made on those activities will be 
                                evaluated; and
                            ``(ii) with respect to each recommendation 
                        submitted by the Great Lakes Leadership Council 
                        during the preceding fiscal year, the reasons 
                        why the Administrator approved or disapproved 
                        the recommendation.'';
            (6) in paragraph (12)(H), by striking clause (i) and 
        inserting the following:
                            ``(i) Authorization.--In addition to other 
                        amounts authorized to be appropriated pursuant 
                        to this section, there are authorized to be 
                        appropriated to carry out this paragraph--
                                    ``(I) $50,000,000 for each of 
                                fiscal years 2004 through 2010; and
                                    ``(II) $150,000,000 for each of 
                                fiscal years 2011 through 2015.''; and
            (7) by adding at the end the following:
            ``(14) Great lakes restoration initiative.--
                    ``(A) Findings.--Congress finds that--
                            ``(i) the goal of the Great Lakes program 
                        of the Agency is to restore and maintain the 
                        chemical, physical, and biological integrity of 
                        the Great Lakes basin ecosystem; and
                            ``(ii) in 2010, the Agency, in coordination 
                        with Federal partners, will commence 
                        implementation of a new Great Lakes Restoration 
                        Initiative (referred to in this paragraph as 
                        the `Initiative'), which will--
                                    ``(I) identify programs and 
                                projects that are strategically 
                                selected to target the most significant 
                                environmental problems in the Great 
                                Lakes ecosystem;
                                    ``(II) be based on the work of--
                                            ``(aa) the Great Lakes 
                                        Interagency Task Force 
                                        established by paragraph 
                                        (7)(A); and
                                            ``(bb) the stakeholders and 
                                        nongovernmental partners of the 
                                        Great Lakes Leadership Council; 
                                        and
                                    ``(III) represent the commitment of 
                                the Federal Government to significantly 
                                advancing Great Lakes protection and 
                                restoration.
                    ``(B) Priority.--The Initiative shall give priority 
                to work done by non-Federal partners using funding made 
                available for the Great Lakes for--
                            ``(i) the remediation of toxic substances 
                        in Areas of Concern;
                            ``(ii)(I) the prevention of invasive 
                        species; and
                            ``(II) the mitigation and restoration of 
                        the impacts of invasive species;
                            ``(iii)(I) the protection and restoration 
                        of nearshore health; and
                            ``(II) the prevention of nonpoint source 
                        pollution;
                            ``(iv) habitat and wildlife protection and 
                        restoration; and
                            ``(v) accountability, monitoring, 
                        evaluation, communication, and partnership 
                        activities.
                    ``(C) Projects.--Pursuant to the Initiative, the 
                Agency shall consult with Federal partners and take 
                into consideration the recommendations of the Council 
                to select the best combination of programs and projects 
                for Great Lakes protection and restoration using 
                principles and criteria such as--
                            ``(i) the ability to achieve strategic and 
                        measurable environmental outcomes;
                            ``(ii) the feasibility of--
                                    ``(I) prompt implementation;
                                    ``(II) timely achievement of 
                                results; and
                                    ``(III) the ability to leverage 
                                resources; and
                            ``(iii) opportunities for interagency and 
                        interorganizational coordination and 
                        collaboration.
                    ``(D) Implementation of projects.--
                            ``(i) In general.--Funds made available to 
                        carry out the Initiative shall be used to 
                        strategically implement--
                                    ``(I) Federal projects; and
                                    ``(II) projects carried out in 
                                coordination with States, Indian 
                                tribes, municipalities, institutions of 
                                higher education, and other 
                                organizations.
                            ``(ii) Transfer of funds.--Of amounts made 
                        available for environmental programs and 
                        management for the Great Lakes Initiative, the 
                        Administrator may--
                                    ``(I) transfer not more than 
                                $475,000,000 to the head of any Federal 
                                department or agency, with the 
                                concurrence of the department or agency 
                                head, to carry out activities to 
                                support the Great Lakes Restoration 
                                Initiative and the Great Lakes Water 
                                Quality Agreement of 1978;
                                    ``(II) enter into an interagency 
                                agreement with the head of any Federal 
                                department or agency to carry out 
                                activities described in subclause (I); 
                                and
                                    ``(III) make grants to governmental 
                                entities, nonprofit organizations, 
                                institutions, and individuals for 
                                planning, research, monitoring, 
                                outreach, and implementation relating 
                                to the activities described in 
                                subclause (I).
                    ``(E) Scope.--
                            ``(i) In general.--Projects shall be 
                        carried out pursuant to the Initiative on 
                        multiple levels, including--
                                    ``(I) local;
                                    ``(II) Great Lake-wide; and
                                    ``(III) Great Lakes basin-wide.
                            ``(ii) Limitation.--No funds made available 
                        to carry out the Initiative may be used for any 
                        water infrastructure activity that is carried 
                        out using funds made available under the clean 
                        water or drinking water State revolving fund 
                        program.
                    ``(F) Activities by other federal agencies.--Each 
                relevant Federal department and agency shall, to the 
                maximum extent practicable--
                            ``(i) maintain the base level of funding 
                        for the Great Lakes activities of the agency; 
                        and
                            ``(ii) identify new activities and projects 
                        to support the environmental goals of the 
                        Initiative.
                    ``(G) Funding.--
                            ``(i) Authorization of appropriations.--
                        There is authorized to be appropriated to carry 
                        out the Initiative $475,000,000 for each of 
                        fiscal years 2011 through 2016.
                            ``(ii) Partnerships.--Of the amounts made 
                        available to carry out the Initiative, the 
                        Administrator shall transfer expeditiously to 
                        the Federal partners of the Initiative such 
                        sums as are necessary for subsequent use and 
                        distribution by the Federal partners in 
                        accordance with this section.''.
    (c) 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 for Program Office.--There is 
authorized to be appropriated to the Administrator to carry out this 
section $25,000,000 for each of fiscal years 2011 through 2016.''.
    (d) Effect of Section.--Nothing in this section or an amendment 
made by this section affects--
            (1) the jurisdiction, powers, or prerogatives of--
                    (A) any department, agency, or officer of--
                            (i) the Federal Government; or
                            (ii) any State or tribal government; or
                    (B) any international body established by treaty 
                with authority relating to the Great Lakes (as defined 
                in section 118(a)(3) of the Federal Water Pollution 
                Control Act (33 U.S.C. 1268(a)(3))); or
            (2) any other Federal or State authority that is being used 
        or may be used to facilitate the cleanup and protection of the 
        Great Lakes (as so defined).
                                 <all>