[Congressional Record Volume 151, Number 23 (Thursday, March 3, 2005)]
[Senate]
[Pages S2011-S2014]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE (for himself, Mr. Levin, Ms. Stabenow, Mr. Lugar, 
        Mr. Bayh, Mr. Dayton, and Mr. Kohl):
  S. 508. A bill to provide for the environmental restoration of the 
Great Lakes; to the Committee on Environment and Public Works.
  Mr. DeWINE. Mr. President, today I am proud to introduce the Great 
Lakes Environmental Restoration Act with my colleague, Senator Levin. I 
would like to thank him for all of his hard work on this legislation.
  For those who have seen one of the five Great Lakes, it is not 
difficult to understand their importance. Covering more than 94,000 
square miles and draining more than twice as much land, these 
freshwater seas hold an estimated six quadrillion gallons of water--or 
one-fifth of the world's surface freshwater. The Great Lakes ecosystem 
includes such diverse elements as northern evergreen and deciduous 
forests, lake plain prairies, and coastal wetlands. Over 30 of the 
basin's biological communities and over 100 species are globally rare 
or found only in the Great Lakes basin. The 637 State parks in the 
region accommodate more than 250 million visitors each year, and the 
Great Lakes basin is home to more than 33 million people--or one-tenth 
of the U.S. population.
  As co-chairs of the Senate Great Lakes Task Force, Senator Levin and 
I have worked together on legislation and other initiatives to protect 
this natural resource. We secured funding from the National Oceanic and 
Atmospheric Administration (NOAA) for water level gauges, a replacement 
ice-breaking vessel, and funding for the Great Lakes Fishery Commission 
for sea lamprey control. Additionally, Senator Levin and I met with the 
U.S. Trade Representative Office in an effort to prevent Great Lakes 
water from being diverted abroad. We worked to authorize the Great 
Lakes Basin Soil Erosion and Sediment Control Program in the 2002 Farm 
Bill, and three years ago, we joined our colleagues in the House to 
pass the Great Lakes Legacy Act. This legislation provides up to $50 
million per year to the Environmental Protection Agency (EPA) to remove 
contaminated sediments at Areas of Concern.
  These steps are positive, but we are not keeping pace with the 
problems facing the Great Lakes--the Federal Government simply is not 
providing the funding to protect them. An April 2003 Government 
Accountability Office (GAO) report found that the Federal Government 
spent roughly $745 million over the last ten years on Great Lakes 
restoration programs. Now consider that the GAO reported that the eight 
Great Lakes States spent $956 million during that same ten-year period.
  There is ample evidence that this current level of commitment is 
simply not enough to address the challenges. In 2001, there were 
approximately 600 beach closings as a result of e-coli bacteria. 
Further, State and local health authorities issued approximately 1,400 
fish consumption advisories in the Great Lakes. In 1978, the United 
States and Canada amended the Great Lakes Water Quality Agreement to 
give priority attention to 43 designated Areas of Concern. Since the 
signing, the Federal Government has not been able to

[[Page S2012]]

remove any U.S. sites from the Areas of Concern list. Invasive species 
are one of the largest threats to the ecosystem and the $4.5 billion 
Great Lakes fishing industry. There are now over 160 aquatic invasive 
species threatening the Great Lakes. It is imperative that we fix these 
problems.
  For several years, I have been calling for a plan to restore the 
Lakes. I have been urging the governors, mayors, the environmental 
community, and other regional interests to agree on a vision for the 
future of the Great Lakes--not just for the short-term, but for the 
long-term. It is time for us to come together to develop a plan and put 
it in place.
  The bill we are introducing today builds upon the efforts by those in 
the Great Lakes states who are working with the congressional 
delegation and federal officials on the Great Lakes Regional 
Collaboration group. It provides the funding needed to implement their 
recommendations.
  This legislation would provide the tools needed for the long-term 
future of the Great Lakes. First, our bill creates a $6 billion Great 
Lakes Restoration Grant Program to augment existing federal and state 
efforts to clean, protect, and restore the Great Lakes. An additional 
$600 million in annual funding will be appropriated through the EPA's 
Great Lakes National Program Office. The Program Office will provide 
grants to the Great Lakes States, municipalities, and other applicants 
in coordination with the Great Lakes Environmental Restoration Advisory 
Board. This funding will provide the extra resources that existing 
programs do not have.
  While the Great Lakes are a national resource, leaders in the region, 
not Washington bureaucrats, should set priorities and guide restoration 
efforts. That is why our bill requires close coordination between the 
EPA and state and regional interests before grants are released. The 
Great Lakes Environmental Restoration Advisory Board, led by the Great 
Lakes governors, will include mayors, federal agencies, Native American 
tribes, environmentalists, industry representatives, and Canadian 
observers. This Advisory Board will prioritize restoration projects, 
such as invasive species control and prevention, wetlands restoration, 
contaminated sediments cleanup, and water quality improvements. 
Additionally, this Advisory Board will provide recommendations on which 
grant applications to fund. The input from the Advisory Board ensures 
that regional leaders will be critical in determining the long-term 
future of the Great Lakes.
  As the April 2003 GAO study reported, environmental restoration 
activities in the Great Lakes suffer from lack of coordination. The 
second goal of this legislation is the codification of the Great Lakes 
Interagency Task Force to coordinate Federal activities in the Great 
Lakes region. The EPA's Great Lakes National Program Office would serve 
as the council leader, and participants would include key federal 
agencies involved in Great Lakes restoration efforts. The council would 
ensure that the efforts of federal agencies are coordinated, effective, 
and cost-efficient.
  Lastly, this bill would help address a GAO recommendation that a 
monitoring system and environmental indicators be developed to measure 
progress on new and existing restoration programs in the Great Lakes.
  Our bill is a major step in the right direction. I would again like 
to thank my colleague, Senator Levin, for his dedication to the Great 
Lakes and to their restoration. We need to continue to refocus and 
improve our efforts in order to reverse the trend of additional 
degradation of the Great Lakes. They are a unique natural resource for 
Ohio and the entire region--a resource that must be protected for 
future generations. I ask my colleagues to join me in support of this 
bill and in our efforts to help preserve and protect the long-term 
viability of our Great Lakes.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 508

       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

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     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;

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       (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.''.
                                 ______