[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3588 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3588

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2012

Mr. Levin (for himself, Mr. Kirk, Ms. Stabenow, Mr. Durbin, Mr. Casey, 
  Mr. Schumer, Mr. Brown of Ohio, and Mrs. Gillibrand) 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 2012''.

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 of 1978 (including subsequent 
                amendments); and''; and
                    (B) in subparagraph (C), by inserting ``, tribal,'' 
                after ``State'';
            (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, contracts, and 
                interagency agreements for protection, restoration, and 
                pollution control in the Great Lakes area; and
                    ``(C) improved accountability.''; and
            (3) in paragraph (3), by striking subparagraph (H) and 
        inserting the following:
                    ``(H) `Great Lakes Water Quality Agreement' means 
                the Agreement on Great Lakes Water Quality, 1978, 
                signed at Ottawa on November 22, 1978 (30 UST 1383; 
                TIAS 9257), between the United States and Canada.''.
    (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 (D) and (E), respectively;
                    (D) in subparagraph (D) (as so redesignated), by 
                adding ``and'' at the end;
                    (E) in subparagraph (E) (as so redesignated), by 
                striking ``; and'' and inserting a period; and
                    (F) by inserting after subparagraph (B) the 
                following:
                    ``(C) coordinate with the Great Lakes Interagency 
                Task Force, as required under paragraph (8);'';
            (2) in paragraph (3)(C), by striking ``subparagraph 
        (c)(1)(C) of this section'' and inserting ``paragraph (1)(D)'';
            (3) by striking paragraph (6) and inserting the following:
            ``(6) Great lakes governance and management.--
                    ``(A) Great lakes advisory board.--
                            ``(i) Establishment.--The Administrator 
                        shall establish an advisory board, to be known 
                        as the `Great Lakes Advisory Board', to provide 
                        advice and recommendations to the Administrator 
                        on matters pertaining to Great Lakes 
                        restoration and protection.
                            ``(ii) Duties.--The Great Lakes Advisory 
                        Board shall develop and submit reports and 
                        information to the Administrator and the Great 
                        Lakes Interagency Task Force that include 
                        recommendations on planning, assessment, 
                        reporting, and accountability matters relating 
                        to the Great Lakes.
                            ``(iii) Membership.--The Great Lakes 
                        Advisory Board shall consist of not less than 
                        12 and not more than 20 members, who shall--
                                    ``(I) be appointed by the 
                                Administrator; and
                                    ``(II) include representatives of 
                                or individuals affiliated with--
                                            ``(aa) environmental 
                                        groups;
                                            ``(bb) hunting, fishing, 
                                        and conservation organizations;
                                            ``(cc) businesses;
                                            ``(dd) agricultural groups;
                                            ``(ee) foundations;
                                            ``(ff) environmental 
                                        justice organizations;
                                            ``(gg) academia; and
                                            ``(hh) State, local, and 
                                        tribal governments.
                            ``(iv) Meetings.--
                                    ``(I) In general.--The Great Lakes 
                                Advisory Board shall meet not less 
                                frequently than once every 180 days.
                                    ``(II) Open to public.--
                                            ``(aa) In general.--Subject 
                                        to item (bb), the meetings of 
                                        the Great Lakes Advisory Board 
                                        shall be open to the public.
                                            ``(bb) Executive 
                                        sessions.--The Great Lakes 
                                        Advisory Board may hold 
                                        executive sessions that are 
                                        closed to the public.
                            ``(v) Operation.--The Great Lakes Advisory 
                        Board shall operate on a consensus basis.
                            ``(vi) Costs.--The members of the Great 
                        Lakes Advisory Board shall be allowed travel 
                        expenses, including per diem in lieu of 
                        subsistence, at rates authorized for employees 
                        of agencies under subchapter I of chapter 57 of 
                        title 5, United States Code, while away from 
                        their homes or regular places of business in 
                        the performance of services for the Board.'';
            (4) by striking paragraph (7) and inserting the following:
            ``(7) 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, commenced implementation 
                        of a new Great Lakes Restoration Initiative 
                        (referred to in this paragraph as the 
                        `Initiative'), which is designed--
                                    ``(I) to identify programs and 
                                projects that are strategically 
                                selected to target the most significant 
                                environmental problems in the Great 
                                Lakes ecosystem;
                                    ``(II) to be based on the work of--
                                            ``(aa) the Great Lakes 
                                        Interagency Task Force 
                                        established by paragraph 
                                        (8)(A); and
                                            ``(bb) the Great Lakes 
                                        Advisory Board, stakeholders, 
                                        and nongovernmental partners; 
                                        and
                                    ``(III) to represent the commitment 
                                of the Federal Government to 
                                significantly advancing Great Lakes 
                                protection and restoration.
                    ``(B) Focus areas.--The Initiative shall prioritize 
                work done by non-Federal partners using funding made 
                available for the Great Lakes for priority areas for 
                each fiscal year, such as--
                            ``(i) the remediation of toxic substances 
                        and areas of concern;
                            ``(ii) the prevention and control of 
                        invasive species and the impacts of invasive 
                        species;
                            ``(iii) the protection and restoration of 
                        nearshore health and the prevention and 
                        mitigation of nonpoint source pollution;
                            ``(iv) habitat and wildlife protection and 
                        restoration, including wetlands restoration and 
                        preservation;
                            ``(v) accountability, monitoring, 
                        evaluation, communication, and partnership 
                        activities; and
                            ``(vi) other areas prioritized by the Great 
                        Lakes Advisory Board.
                    ``(C) Projects.--Pursuant to the Initiative, the 
                Agency shall consult with Federal partners, including 
                the Great Lakes Interagency Task Force, and take into 
                consideration the recommendations of the Great Lakes 
                Advisory Board 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 improved 
                        interagency and inter-organizational 
                        coordination and collaboration to reduce 
                        duplication and streamline efforts.
                    ``(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 Restoration 
                        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 Initiative and the Great 
                                Lakes Water Quality Agreement;
                                    ``(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 educational 
                                institutions for use in carrying out 
                                planning, research, monitoring, 
                                outreach, training, studies, surveys, 
                                investigations, experiments, 
                                demonstration projects, 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 Lakes-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 (other than a 
                        green infrastructure project that improves 
                        habitat and other ecosystem functions in the 
                        Great Lakes) for which amounts are made 
                        available from--
                                    ``(I) a State water pollution 
                                control revolving fund established 
                                under title VI; or
                                    ``(II) a State drinking water 
                                revolving loan fund established under 
                                section 1452 of the Safe Drinking Water 
                                Act (42 U.S.C. 300j-12).
                    ``(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 2013 through 2017.
                            ``(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.'';
            (5) by striking paragraph (8) and inserting the following:
            ``(8) Great lakes interagency task force.--
                    ``(A) Establishment.--There is established a task 
                force, to be known as the `Great Lakes Interagency Task 
                Force' as described in Executive Order 13340 (33 U.S.C. 
                1268 note), relating to the establishment of Great 
                Lakes Interagency Task Force and promotion of regional 
                collaboration of national significance for Great Lakes.
                    ``(B) Coordination.--The Program Office shall 
                coordinate, to the maximum extent practicable, with the 
                Great Lakes Interagency Task Force.
                    ``(C) Duties.--The Great Lakes Interagency Task 
                Force, as a body or through member agencies, shall--
                            ``(i) collaborate with Canada, provinces of 
                        Canada, and binational bodies involved in the 
                        Great Lakes region regarding policies, 
                        strategies, projects, and priorities for the 
                        Great Lakes System;
                            ``(ii)(I) coordinate the development of 
                        Federal policies, strategies, projects, and 
                        priorities for addressing the restoration and 
                        protection of the Great Lakes System consistent 
                        with--
                                    ``(aa) the Great Lakes Water 
                                Quality Agreement;
                                    ``(bb) the Great Lakes Restoration 
                                Initiative Action Plan; and
                                    ``(cc) the Great Lakes Regional 
                                Collaboration Strategy;
                            ``(II) take into consideration any 
                        recommendations of the Great Lakes Advisory 
                        Board; and
                            ``(III) assist in the appropriate 
                        management of the Great Lakes System;
                            ``(iii) develop outcome-based goals for the 
                        Great Lakes System (relying on existing data 
                        and science-based indicators of water quality, 
                        related environmental factors, and other 
                        information) that--
                                    ``(I) focus on outcomes such as 
                                cleaner water, sustainable fisheries, 
                                and biodiversity of the Great Lakes 
                                System;
                                    ``(II) ensure that Federal 
                                policies, strategies, projects, and 
                                priorities support measurable results; 
                                and
                                    ``(III) are consistent with the 
                                Great Lakes Regional Collaboration 
                                Strategy and the Great Lakes 
                                Restoration Initiative Action Plan;
                            ``(iv) exchange information regarding 
                        policies, strategies, projects, and activities 
                        of the agencies represented on the Task Force 
                        relating to--
                                    ``(I) the Great Lakes System;
                                    ``(II) the Great Lakes Water 
                                Quality Agreement;
                                    ``(III) the Great Lakes Restoration 
                                Initiative Action Plan; and
                                    ``(IV) the Great Lakes Regional 
                                Collaboration Strategy;
                            ``(v) coordinate government action 
                        associated with the Great Lakes System;
                            ``(vi) ensure coordinated Federal 
                        scientific and other research associated with 
                        the Great Lakes System;
                            ``(vii) provide assistance and support to 
                        agencies represented on the Task Force in 
                        activities relating to the Great Lakes System;
                            ``(viii) establish annual priorities with 
                        respect to Great Lakes protection and 
                        restoration, including priorities for the Great 
                        Lakes Restoration Initiative; and
                            ``(ix) not later than 1 year after the date 
                        of enactment of the Great Lakes Ecosystem 
                        Protection Act of 2012 and every 5 years 
                        thereafter--
                                    ``(I) review the Great Lakes 
                                Regional Collaboration Strategy and the 
                                Great Lakes Restoration Initiative 
                                Action Plan; and
                                    ``(II) update and revise the Great 
                                Lakes Regional Collaboration Strategy 
                                and the Great Lakes Restoration 
                                Initiative Action Plan to reflect the 
                                most comprehensive scientific 
                                information available.'';
            (6) by striking paragraph (10) and inserting the following:
            ``(10) Reports.--
                    ``(A) Annual comprehensive restoration report.--Not 
                later than 90 days after the end of each fiscal year, 
                the Administrator shall submit to Congress and make 
                publicly available a comprehensive report on the 
                overall health of the Great Lakes that includes--
                            ``(i) a description of the achievements 
                        during the fiscal year in implementing the 
                        Great Lakes Water Quality Agreement and any 
                        other applicable agreements and amendments 
                        that--
                                    ``(I) demonstrate, by category 
                                (including categories for judicial 
                                enforcement, research, State 
                                cooperative efforts, and general 
                                administration) the amounts expended on 
                                Great Lakes water quality initiatives 
                                for the fiscal year;
                                    ``(II) describe the progress made 
                                during the fiscal year in implementing 
                                the system of surveillance of the water 
                                quality in the Great Lakes System, 
                                including the monitoring of groundwater 
                                and sediment, with a particular focus 
                                on toxic pollutants;
                                    ``(III) describe the prospects of 
                                meeting the goals and objectives of the 
                                Great Lakes Water Quality Agreement; 
                                and
                                    ``(IV) provide a comprehensive 
                                assessment of the planned efforts to be 
                                pursued in the succeeding fiscal year 
                                for implementing the Great Lakes Water 
                                Quality Agreement and any other 
                                applicable agreements and amendments 
                                that--
                                            ``(aa) indicate, by 
                                        category (including categories 
                                        for judicial enforcement, 
                                        research, State cooperative 
                                        efforts, and general 
                                        administration) the amount 
                                        anticipated to be expended on 
                                        Great Lakes water quality 
                                        initiatives for the applicable 
                                        fiscal year; and
                                            ``(bb) include a report on 
                                        programs administered by other 
                                        Federal agencies that make 
                                        resources available for Great 
                                        Lakes water quality management 
                                        efforts;
                            ``(ii) a detailed list of accomplishments 
                        of the Great Lakes Restoration Initiative with 
                        respect to each organizational element of the 
                        Initiative and the means by which progress will 
                        be evaluated;
                            ``(iii) recommendations for streamlining 
                        the work of existing advisory and coordinating 
                        committees (such as the Great Lakes Regional 
                        Collaboration and the United States Policy 
                        Committee), including a recommendation for 
                        eliminating any such entity if the work of the 
                        entity--
                                    ``(I) is duplicative; or
                                    ``(II) complicates the protection 
                                and restoration of the Great Lakes; and
                            ``(iv) with respect to each priority 
                        established under paragraph (8)(C)(viii) during 
                        the fiscal year, the reasons why the 
                        Administrator implemented, or did not 
                        implement, the priorities and recommendations.
                    ``(B) Crosscut budget.--Not later than 45 days 
                after the date of submission of the budget of the 
                President to Congress, the Director of the Office of 
                Management and Budget, in coordination with the 
                Governor of each Great Lakes State and the Great Lakes 
                Interagency Task Force, shall submit to Congress and 
                make publicly available a financial report, certified 
                by the head of each agency that has budget authority 
                for Great Lakes restoration activities, containing--
                            ``(i) an interagency budget crosscut report 
                        that--
                                    ``(I) describes the budget 
                                proposed, including funding allocations 
                                by each agency for the Great Lakes 
                                Restoration Initiative;
                                    ``(II) identifies any adjustments 
                                from the budget request;
                                    ``(III) identifies the funding in 
                                any amount for each of the Federal 
                                agencies that carry out restoration and 
                                protection activities in the subsequent 
                                fiscal year, separately reporting the 
                                amount of funding to be provided under 
                                each law pertaining to the agency;
                                    ``(IV) compares specific funding 
                                levels allocated for participating 
                                Federal agencies from fiscal year to 
                                fiscal year; and
                                    ``(V) identifies all expenditures 
                                since fiscal year 2004 by the Federal 
                                Government and State governments for 
                                Great Lakes restoration activities;
                            ``(ii) a detailed accounting of all funds 
                        received and obligated by all Federal agencies 
                        and, to the maximum extent practicable, State 
                        agencies using Federal funds, for Great Lakes 
                        restoration activities during the current and 
                        previous fiscal years;
                            ``(iii) a budget for the proposed projects 
                        (including a description of the project, 
                        authorization level, and project status) to be 
                        carried out in the subsequent fiscal year with 
                        the Federal share of funds for activities; and
                            ``(iv) a listing of all projects to be 
                        undertaken in the subsequent fiscal year with 
                        the Federal share of funds for activities.''; 
                        and
            (7) 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 2013 through 2017.''.
    (c) Authorization of Appropriations.--Section 118(h) of the Federal 
Water Pollution Control Act (33 U.S.C. 1268(h)) is amended--
            (1) by redesignating paragraphs (1) through (3) as 
        subparagraphs (A) through (C), respectively, and indenting the 
        subparagraphs appropriately;
            (2) by striking ``There are authorized'' and inserting the 
        following:
            ``(1) In general.--There are authorized''; and
            (3) by adding at the end the following:
            ``(2) Program office.--There is authorized to be 
        appropriated to the Program Office to carry out this section 
        $25,000,000 for each of fiscal years 2013 through 2017.''.
    (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>