[Senate Report 111-283]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 554
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-283

======================================================================



 
              GREAT LAKES ECOSYSTEM PROTECTION ACT OF 2010

                                _______
                                

                September 2, 2010--Ordered to be printed

   Filed under authority of the order of the Senate of August 5, 2010

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3073]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 3073) to amend the Federal Water Pollution 
Control Act to protect and restore the Great Lakes, having 
considered the same, reports favorably thereon and recommends 
that the bill, as amended, do pass.

                    General Statement and Background

    The Great Lakes are the largest system of surface 
freshwater in the world but the Great Lakes ecosystem faces 
many threats. Since 1880, more than 160 non-native aquatic 
species have become established in the Great Lakes. Many 
habitats and native plants and animals have been compromised, 
coastal areas suffer from non-point source pollution and 
sediments and fish are contaminated with mercury and other 
pollutants.
    Section 118 of the Clean Water Act established the U.S. 
Environmental Protection Agency (EPA) Great Lakes National 
Program Office (GLNPO) and called for the achievement of the 
Great Lakes Water Quality Agreement goals: to restore the 
chemical, physical, and biological integrity of the Great Lakes 
basin. GLNPO coordinates federal, state, tribal, local, and 
industry partners in an integrated ecosystem approach to 
restore the Great Lakes.
    Created by Executive Order 13340 in May 2004, the Great 
Lakes Interagency Task Force (Task Force) brings together U.S. 
Cabinet and federal agency heads to coordinate the restoration 
of the Great Lakes. In December 2004, the Great Lakes Regional 
Collaboration (Regional Collaboration) was established, and has 
since released a Strategy to Restore and Protect the Great 
Lakes and issued an Implementation Framework to describe its 
organization. The President requested in his Fiscal Year 2010 
budget proposal and Congress appropriated $475 million for a 
new EPA-led Great Lakes Restoration Initiative (Initiative) 
that targets invasive aquatic species, habitat loss, nonpoint 
source pollution, and contaminated sediment. The Initiative 
builds on five years of work by the Great Lakes task force and 
is guided by the Regional Collaboration Strategy. Neither the 
task force nor the regional collaboration has been specifically 
authorized by Congress.
    S. 3073, as amended, establishes the Great Lakes Leadership 
Council to (1) develop and establish Great Lakes protection and 
restoration policy; (2) approve long-term goals and objectives 
relating to Great Lakes protection and restoration; (3) seek 
consensus among government units and stakeholders relating to 
Great Lakes protection and restoration; (4) report to Congress, 
the President and the public regarding progress on Great Lakes 
protection and restoration; and (5) determine which existing 
advisory and coordinating committees are duplicative and can be 
disbanded.
    S. 3073 also authorizes the Task Force and establishes the 
Great Lakes Restoration Initiative which will identify programs 
and projects that are strategically selected to target the most 
significant environmental problems in the Great Lakes 
ecosystem.

                     Objectives of the Legislation

    The objective of this legislation is to expand and improve 
existing efforts to protect and restore the Great Lakes by 
reorganizing the management of Great Lakes protection and 
restoration through the establishment of a Great Lakes 
Leadership Council, which will develop and coordinate Great 
Lakes protection and restoration priorities, and the Great 
Lakes Restoration Initiative which will identify programs and 
projects that are strategically selected to target the most 
significant environmental problems in the Great Lakes 
ecosystem, and the reauthorization of the Great Lakes National 
Program Office within the Environmental Protection Agency.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 notes that this Act may be cited as the ``Great 
Lakes Ecosystem Protection Act of 2010''.

Section 2. Great Lakes provision modifications

    This section describes the purposes of Great Lakes 
restoration efforts, creates governance and management 
structures, establishes a Great Lakes Restoration Initiative, 
and authorizes funding to implement these provisions.
    Paragraph (a)(2) amends Section 118(a) of the Federal Water 
Pollution Control Act to clarify that the purpose of Section 
118(a) is to achieve the goals established in the Great Lakes 
Restoration Initiative Plan, the Great Lakes Regional 
Collaboration Strategy and the Great Lakes Water Quality 
Agreement.
    Paragraph (b)(3) creates a framework for Great Lakes 
governance and management and establishes a two-tiered 
structure to provide input to the restoration priorities for 
EPA and other Federal members of the Great Lakes Interagency 
Task Force on Great Lakes restoration:
     The Great Lakes Leadership Council is established 
to (1) develop and establish Great Lakes protection and 
restoration policy; (2) approve long-term goals and objectives 
relating to Great Lakes protection and restoration; (3) set 
annual restoration and protection priorities; (4) seek 
consensus among government units and stakeholders relating to 
Great Lakes protection and restoration; (5) report to Congress, 
the President and the public regarding progress on Great Lakes 
protection and restoration; and (6) provide recommendations to 
Congress and the President for streamlining the work of 
existing advisory and coordinating committees. The Council is 
chaired by the EPA Administrator and its membership includes 
representatives from Federal, State, Tribal and local 
governments.
     This section also directs the Council to establish 
a Great Lakes Advisory Committee to support and provide advice 
to the Council in all of its responsibilities. The Advisory 
Committee is specifically tasked with providing recommendations 
on the planning, assessment, and reporting efforts of the 
Council. The Advisory Committee is also chaired by the EPA 
Administrator or her designee and its membership includes 
representatives from Federal, State, Tribal and local 
governments as well as one representative from the Great Lakes 
Commission, International Joint Commission, Great Lakes Fishery 
Commission, industry, environment, agriculture, and the 
science/academic community.
    Paragraph (b)(4) establishes the Great Lakes Restoration 
Initiative which will identify programs and projects that are 
strategically selected to target the most significant 
environmental problems in the Great Lakes ecosystem including:
         The remediation of toxic substances and areas 
        of concern;
         The prevention of invasive species and the 
        mitigation and restoration of invasive species;
         The protection and restoration of nearshore 
        health and the prevention of nonpoint source pollution; 
        and
         Habitat and wildlife protection and 
        restoration.
    This paragraph authorizes $475 million annually to carry 
out the Initiative.
    Paragraph (b)(5) establishes a Great Lakes Interagency Task 
Force, which brings together eleven U.S. Cabinet and federal 
agency heads to coordinate restoration of the Great Lakes. The 
Task Force was created by an Executive Order in 2004 but does 
not have specific statutory authorization. This paragraph would 
authorize the task force and ensure that its work is targeting 
the priorities and long-term goals established by the Great 
Lakes Leadership Council after receiving advice from the Great 
Lakes Advisory Committee.
    Paragraph (b)(6) consolidates reporting requirements by 
requiring a regular report to Congress on Great Lakes 
restoration activities and requiring the President to develop 
an interagency crosscut budget for the Great Lakes Restoration 
Initiative and broader work to protect and restore the Great 
Lakes.
    Paragraph (b)(7) reauthorizes the Great Lakes Legacy 
Program for fiscal years 2011 through 2015 at $150 million per 
year. The Great Lakes Legacy Program was first authorized in 
2002 to remove contaminated sediment from designated U.S. Areas 
of Concern. The Program was reauthorized in 2008 for two years.
    Paragraph (c) reauthorizes the Great Lakes National Program 
Office (GLNPO) at level funding of $25 million per year for 
fiscal years 2011 through 2016. The existing authorization 
expired in 2008. GLNPO is the primary federal office overseeing 
Great Lakes restoration.
    Paragraph (d) indicates nothing in this section or an 
amendment made by this section affects the jurisdiction, 
powers, prerogatives, or cleanup authority of any Federal, 
state, or tribal agency or international body relating to the 
Great Lakes.

                          Legislative History

    The Great Lakes Ecosystem Protection Act of 2010 was 
introduced by Senator Levin on March 4, 2010 and is co-
sponsored by Senators Voinovich, Klobuchar, Sherrod Brown, 
Franken, Stabenow, Durbin, Burris and Casey. The bill was 
received, read twice, and referred to the Senate Committee on 
Environment and Public Works. On February 24, 2010, the EPW 
Full Committee and Water and Wildlife Subcommittee held a joint 
hearing entitled, ``Legislative Approaches to Protecting, 
Preserving and Restoring Great Water Bodies'' which included 
testimony and discussion on related efforts in the Great Lakes.
    On June 30, 2010, the Full Committee met to consider a 
number of bills including S. 3073. During this meeting, the 
Committee adopted an amendment in the nature of a substitute 
offered by Senators Voinovich and Klobuchar that made technical 
changes and improvements to the bill. S. 3073 was ordered to be 
reported favorably with an amendment in the nature of a 
substitute by voice vote.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 3073 on June 30, 2010. The bill was ordered to be 
reported favorably with an amendment in the nature of a 
substitute by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 3073 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee noted that the Congressional 
Budget Office (CBO) has found, ``S. 3073 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.''

               Congressional Budget Office Cost Estimate

                                                     July 19, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 3073, the Great 
Lakes Ecosystem Protection Act of 2010.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 3073--Great Lakes Ecosystem Protection Act of 2010

    Summary: S. 3073 would authorize the appropriation of $475 
million annually over the 2011-2015 period for the 
Environmental Protection Agency (EPA) to support the Great 
Lakes Restoration Initiative, a program that funds projects 
targeting invasive aquatic species and nonpoint source 
pollution. This legislation also would authorize the 
appropriation of $150 million annually over the 2011-2015 
period for EPA to fund projects aimed at cleaning up certain 
areas of the Great Lakes where contamination has settled into 
sediment at the bottom of the lakes. In addition, the bill 
would authorize the appropriation of $25 million annually over 
that same period for program costs associated with overseeing 
projects related to the lakes.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing this legislation would cost $2.8 
billion over the 2011-2015 period.
    Pay-as-you-go procedures would not apply to this 
legislation because it would not affect direct spending or 
revenues.
    S. 3073 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 3073 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                    By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------------------
                                                            2011     2012     2013     2014     2015   2011-2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Great Lakes Restoration Initiative:
    Authorization Level.................................      475      475      475      475      475     2,375
    Estimated Outlays...................................      214      404      475      475      475     2,043
Clean-up Projects:
    Authorization Level.................................      150      150      150      150      150       750
    Estimated Outlays...................................       68      128      150      150      150       646
Program Costs:
    Authorization Level.................................       25       25       25       25       25       125
    Estimated Outlays...................................       21       25       25       25       25       121
    Total Changes:
        Authorization Level.............................      650      650      650      650      650     3,250
        Estimated Outlays...............................      303      557      650      650      650     2,810
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
3073 will be enacted near the beginning of fiscal year 2011, 
that specified amounts will be appropriated in each year 
starting in 2011, and that outlays will follow historical 
spending patterns for similar programs.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: S. 3073 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Susanne S. Mehlman; 
Impact on State, Local, and Tribal Governments: Ryan Miller; 
Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


                  FEDERAL WATER POLLUTION CONTROL ACT

    Sec. 101. (a) The objective of this Act is to restore and 
maintain the chemical, physical, and biological integrity of 
the Nation's waters. In order to achieve this objective it is 
hereby declared that, consistent with the provisions of this 
Act--
          (1) * * *

           *       *       *       *       *       *       *


 SEC. 118. GREAT LAKES.

    (a) Findings, Purpose, and Definitions.--
          (1) Findings.--The Congress finds that--
                  (A) the Great Lakes are a valuable national 
                resource, continuously serving the people of 
                the United States and other nations as an 
                important source of food, fresh water, 
                recreation, beauty, and enjoyment;
                  [(B) the United States should seek to attain 
                the goals embodied in the Great Lakes Water 
                Quality Agreement of 1978, as amended by the 
                Water Quality Agreement of 1987 and any other 
                agreements and amendments, with particular 
                emphasis on goals related to toxic pollutants; 
                and]
                  (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
                  (C) the Environmental Protection Agency 
                should take the lead in the effort to meet 
                those goals, working with other Federal 
                agencies and State, tribal, and local 
                authorities.
          [(2) Purpose.--It is the purpose of this section to 
        achieve the goals embodied in the Great Lakes Water 
        Quality Agreement of 1978, as amended by the Water 
        Quality Agreement of 1987 and any other agreements and 
        amendments, through improved organization and 
        definition of mission on the part of the Agency, 
        funding of State grants for pollution control in the 
        Great Lakes area, and improved accountability for 
        implementation of such agreement.]
          (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.
          (3) Definitions.--For purposes of this section, the 
        term--
                  (A) ``Agency'' means the Environmental 
                Protection Agency;
                  (B) ``Great Lakes'' means Lake Ontario, Lake 
                Erie, Lake Huron (including Lake St. Clair), 
                Lake Michigan, and Lake Superior, and the 
                connecting channels (Saint Mary's River, Saint 
                Clair River, Detroit River, Niagara River, and 
                Saint Lawrence River to the Canadian Border);
                  (C) ``Great Lakes System'' means all the 
                streams, rivers, lakes, and other bodies of 
                water within the drainage basin of the Great 
                Lakes;
                  (D) ``Program Office'' means the Great Lakes 
                National Program Office established by this 
                section;
                  (E) ``Research Office'' means the Great Lakes 
                Research Office established by subsection (d);
                  (F) ``area of concern'' means a geographic 
                area located within the Great Lakes, in which 
                beneficial uses are impaired and which has been 
                officially designated as such under Annex 2 of 
                the Great Lakes Water Quality Agreement;
                  (G) ``Great Lakes States'' means the States 
                of Illinois, Indiana, Michigan, Minnesota, New 
                York, Ohio, Pennsylvania, and Wisconsin;
                  [(H) ``Great Lakes Water Quality Agreement'' 
                means the bilateral agreement, between the 
                United States and Canada which was signed in 
                1978 and amended by the Protocol of 1987;]
                  (H) ``Great Lakes Water Quality Agreement'' 
                means the bilateral `Agreement on Great Lakes 
                water quality, 1978' between the United States 
                and Canada, signed at Ottawa on November 22, 
                1978 (30 U.S.T. 1383; TIAS 9257), amended 
                October 16, 1983 (TIAS 10798) and November 18, 
                1987 (TIAS 11551);

           *       *       *       *       *       *       *

    (c) Great Lakes Management.--
          (1) Functions.--The Program Office shall--
                  (A) in cooperation with appropriate Federal, 
                State, tribal, and international agencies, and 
                in accordance with section 101(e) of this Act, 
                develop and implement specific action plans to 
                carry out the responsibilities of the United 
                States under the Great Lakes Water Quality 
                Agreement of 1978, as amended by the Water 
                Quality Agreement of 1987 and any other 
                agreements and amendments[,;];
                  (B) establish a Great Lakes system-wide 
                surveillance network to monitor the water 
                quality of the Great Lakes, with specific 
                emphasis on the monitoring of toxic pollutants;
                  (C) provide the support described in 
                paragraph (6);
                  (D) coordinate with the Great Lakes 
                Interagency Task Force, as required under 
                paragraph (8);
                  [(C)](E) serve as the liaison with, and 
                provide information to, the Canadian members of 
                the International Joint Commission and the 
                Canadian counterpart to the Agency;and
                  [(D)](F) coordinate actions of the Agency 
                (including actions by headquarters and regional 
                offices thereof) aimed at improving Great Lakes 
                water quality[; and].
                  [(E) coordinate actions of the Agency with 
                the actions of other Federal agencies and State 
                and local authorities, so as to ensure the 
                input of those agencies and authorities in 
                developing water quality strategies and obtain 
                the support of those agencies and authorities 
                in achieving the objectives of such agreement.]

           *       *       *       *       *       *       *

          (3) Remedial action plans.--
                  (A) For each area of concern for which the 
                United States has agreed to draft a Remedial 
                Action Plan, the Program Office shall ensure 
                that the Great Lakes State in which such area 
                of concern is located--
                          (i) submits a Remedial Action Plan to 
                        the Program Office by June 30, 1991;
                          (ii) submits such Remedial Action 
                        Plan to the International Joint 
                        Commission by January 1, 1992; and
                          (iii) includes such Remedial Action 
                        Plans within the State's water quality 
                        plan by January 1, 1993.
                  (B) For each area of concern for which Canada 
                has agreed to draft a Remedial Action Plan, the 
                Program Office shall, pursuant to subparagraph 
                (c)(1)(C) of this section, work with Canada to 
                assure the submission of such Remedial Action 
                Plans to the International Joint Commission by 
                June 30, 1991, and to finalize such Remedial 
                Action Plans by January 1, 1993.
                  (C) For any area of concern designated as 
                such subsequent to the enactment of this Act, 
                the Program Office shall (i) if the United 
                States has agreed to draft the Remedial Action 
                Plan, ensure that the Great Lakes State in 
                which such area of concern is located submits 
                such Plan to the Program Office within two 
                years of the area's designation, submits it to 
                the International Joint Commission no later 
                than six months after submitting it to the 
                Program Office, and includes such Plan in the 
                State's water quality plan no later than one 
                year after submitting it to the Commission; and 
                (ii) if Canada has agreed to draft the Remedial 
                Action Plan, work with Canada, pursuant to 
                [subparagraph (c)(1)(C) of this 
                section]paragraph (1)(E), to ensure the 
                submission of such Plan to the International 
                Joint Commission within two years of the area's 
                designation and the finalization of such Plan 
                no later than eighteen months after submitting 
                it to such Commission.

           *       *       *       *       *       *       *

          [(6) 5-year plan and program.--The Program Office 
        shall develop, in consultation with the States, a five-
        year plan and program for reducing the amount of 
        nutrients introduced into the Great Lakes. Such program 
        shall incorporate any management program for reducing 
        nutrient runoff from nonpoint sources established under 
        section 319 of this Act and shall include a program for 
        monitoring nutrient runoff into, and ambient levels in, 
        the Great Lakes.]
          (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) not later than 1 year 
                                after the date of establishment 
                                of the Council and every 5 
                                years thereafter--
                                          (aa) review the Great 
                                        Lakes Regional 
                                        Collaboration Strategy; 
                                        and
                                          (bb) if the Council 
                                        determines revisions 
                                        are necessary, revise 
                                        the Strategy to reflect 
                                        the most comprehensive 
                                        scientific information 
                                        available and ensure 
                                        the Great Lakes 
                                        Restoration Initiative 
                                        Action Plan reflects 
                                        those revisions;
                                  (II) establish annual 
                                priorities with respect to 
                                Great Lakes protection and 
                                restoration, including 
                                priorities for the Great Lakes 
                                Restoration Initiative;
                                  (III) submit to Congress, the 
                                President, and the public an 
                                annual report describing 
                                progress made during the 
                                reporting period with respect 
                                to Great Lakes protection and 
                                restoration;
                                  (IV) make recommendations to 
                                the Administrator and the 
                                Secretary of State regarding--
                                          (aa) a process for 
                                        participation in 
                                        relevant international 
                                        forums, such as the 
                                        Great Lakes Water 
                                        Quality Agreement; and
                                          (bb) whether any 
                                        existing advisory 
                                        committees are 
                                        duplicative and should 
                                        be replaced; and
                                  (V) make recommendations to 
                                Congress and the President 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--
                                          (aa) is duplicative; 
                                        or
                                          (bb) complicates the 
                                        protection and 
                                        restoration of the 
                                        Great Lakes.
                          (iii) Budget priorities and funding 
                        levels.--Non-Federal members of the 
                        Council shall provide input annually to 
                        the Council and the Great Lakes 
                        Interagency Task Force on Federal 
                        budget priorities and funding levels 
                        for Great Lakes protection and 
                        restoration, including the Great Lakes 
                        Restoration Initiative.
                          (iv) Membership.--
                                  (I) In general.--The 
                                membership of the Council shall 
                                include--
                                          (aa) 8 heads of 
                                        Federal departments and 
                                        agencies that 
                                        participate in the 
                                        Great Lakes Interagency 
                                        Task Force established 
                                        under paragraph (8), to 
                                        be appointed by the 
                                        President and 
                                        periodically rotated as 
                                        the President 
                                        determines to be 
                                        appropriate, 
                                        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;
                                                  (FF) the 
                                                Secretary of 
                                                Energy; and
                                                  (GG) the 
                                                Secretary of 
                                                State;
                                          (bb) the governors of 
                                        the Great Lake States;
                                          (cc) 8 
                                        representatives of 
                                        tribal governments, to 
                                        be appointed--
                                                  (AA) by the 
                                                Indian tribes 
                                                located in the 
                                                Great Lakes 
                                                basin in the 
                                                United States; 
                                                and
                                                  (BB) to the 
                                                maximum extent 
                                                practicable, in 
                                                a manner that 
                                                ensures that 
                                                the tribal 
                                                governments are 
                                                geographically 
                                                representative 
                                                of the Great 
                                                Lakes basin; 
                                                and
                                          (dd) 8 mayors, 
                                        including mayors 
                                        participating in the 
                                        Great Lakes and St. 
                                        Lawrence Cities 
                                        Initiative, to be 
                                        appointed--
                                                  (AA) by the 
                                                mayors of areas 
                                                located in the 
                                                Great Lakes 
                                                basin in the 
                                                United States; 
                                                and
                                                  (BB) to the 
                                                maximum extent 
                                                practicable, in 
                                                a manner that 
                                                ensures that 
                                                the mayors are 
                                                geographically 
                                                representative 
                                                of 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--
                                          (aa) shall include 1 
                                        observer member from 
                                        each of--
                                                  (AA) the 
                                                International 
                                                Joint 
                                                Commission;
                                                  (BB) the 
                                                Great Lakes 
                                                Fishery 
                                                Commission; and
                                                  (CC) the 
                                                Great Lakes 
                                                Commission; and
                                          (bb) may include 1 
                                        observer member from 
                                        Canada.
                          (v) Committees.--The Council may 
                        establish such committees (including 
                        the Great Lakes Advisory Committee, in 
                        accordance with subparagraph (B)(i)) as 
                        the Council determines to be 
                        appropriate for issues including--
                                  (I) executive issues;
                                  (II) science issues;
                                  (III) implementation issues; 
                                and
                                  (IV) funding issues.
                          (vi) 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.
                          (vii) Operation.--The Council shall 
                        operate on a consensus basis.
                          (viii) Costs.--The Agency shall pay 
                        the operating costs of the Council.
                  (B) Great lakes advisory committee.--
                          (i) Establishment.--The Council shall 
                        establish a committee, to be known as 
                        the `Great Lakes Advisory Committee'.
                          (ii) Duties.--The Great Lakes 
                        Advisory Committee shall--
                                  (I) submit reports and 
                                information to the Council, 
                                including recommendations 
                                regarding issues relevant to 
                                the planning, assessment, and 
                                reporting duties of the 
                                Council; and
                                  (II) provide advice to the 
                                Council on--
                                          (aa) monitoring 
                                        implementation 
                                        activities relating to 
                                        Great Lakes management; 
                                        and
                                          (bb) other relevant 
                                        Great Lakes issues.
                          (iii) Membership.--
                                  (I) Membership.--The Great 
                                Lakes Advisory Committee shall 
                                consist of--
                                          (aa) 4 members 
                                        representing the 
                                        membership of the 
                                        Council, of which 1 
                                        member shall be 
                                        appointed by each unit 
                                        of government 
                                        (including Federal 
                                        agencies, States, units 
                                        of local government, 
                                        and Indian tribes) 
                                        included in the 
                                        membership of the 
                                        Council;
                                          (bb) 1 member who 
                                        shall be appointed by 
                                        the Great Lakes 
                                        Commission;
                                          (cc) 1 member who 
                                        shall be appointed by 
                                        the International Joint 
                                        Commission;
                                          (dd) 1 member who 
                                        shall be appointed by 
                                        the Great Lakes Fishery 
                                        Commission;
                                          (ee) 1 member who 
                                        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 member who 
                                        shall be a 
                                        representative of the 
                                        agricultural community, 
                                        to be appointed by the 
                                        Administrator, after 
                                        soliciting advice from 
                                        that community;
                                          (gg) 1 member who 
                                        shall be a 
                                        representative of Great 
                                        Lakes industry, to be 
                                        appointed by the 
                                        Administrator, after 
                                        soliciting advice from 
                                        that industry;
                                          (hh) 1 member who 
                                        shall be a 
                                        representative of the 
                                        scientific community, 
                                        to be appointed by the 
                                        Administrator, after 
                                        soliciting advice from 
                                        that community; and
                                          (ii) if the member is 
                                        appointed under 
                                        subparagraph 
                                        (A)(iv)(IV)(bb), 1 
                                        member who shall be a 
                                        representative of 
                                        Canada, as an observer 
                                        member.
                                  (II) Chairperson.--The 
                                Administrator (or a designee) 
                                shall serve as chairperson of 
                                the Great Lakes Advisory 
                                Committee.
                                  (III) Secretary.--The 
                                Director of the Program Office 
                                (or a designee) shall serve as 
                                secretary of, and provide 
                                administrative support to, the 
                                Great Lakes Advisory Committee.
                          (iv) Meetings.--
                                  (I) In general.--The Great 
                                Lakes Advisory Committee shall 
                                meet not less frequently than 
                                every 180 days.
                                  (II) Open to public.--
                                          (aa) In general.--
                                        Subject to item (bb), 
                                        the meetings of the 
                                        Great Lakes Advisory 
                                        Committee shall be held 
                                        open to the public.
                                          (bb) Executive 
                                        sessions.--The Great 
                                        Lakes Advisory 
                                        Committee may hold 
                                        executive sessions that 
                                        are closed to the 
                                        public.
                          (v) Operation.--The Great Lakes 
                        Advisory Committee shall operate on a 
                        consensus basis.
                          (vi) Costs.--The Agency shall pay the 
                        operating costs of the Great Lakes 
                        Advisory Committee.'';
          (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, 
                        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 (8)(A); and
                                          (bb) the Great Lakes 
                                        Leadership Council, 
                                        stakeholders, and 
                                        nongovernmental 
                                        partners; 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 priority areas for each fiscal year, 
                such as--
                          (i) the remediation of toxic 
                        substances and 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;
                          (v) accountability, monitoring, 
                        evaluation, communication, and 
                        partnership activities; and
                          (vi) other areas prioritized by the 
                        Council.
                  (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 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 Great Lakes Restoration 
                                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 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 (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 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.

           *       *       *       *       *       *       *

          [(8) Administrator's responsibility.--The 
        Administrator shall ensure that the Program Office 
        enters into agreements with the various organizational 
        elements of the Agency involved in Great Lakes 
        activities and the appropriate State agencies 
        specifically delineating--
                  [(A) the duties and responsibilities of each 
                such element in the Agency with respect to the 
                Great Lakes;
                  [(B) the time periods for carrying out such 
                duties and responsibilities; and
                  [(C) the resources to be committed to such 
                duties and responsibilities.]
          (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) and 
                relating to 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 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 Regional 
                                Collaboration Strategy;
                                  (bb) Great Lakes Restoration 
                                Initiative Action Plan;
                                  (cc) the Great Lakes Water 
                                Quality Agreement; and
                                  (dd) Federal implementation 
                                of recommendations of the Great 
                                Lakes Leadership Council; and
                          (II) 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 Regional 
                                Collaboration Strategy; and
                                  (III) the Great Lakes 
                                Restoration Initiative Action 
                                Plan;
                          (v) coordinate government action 
                        associated with the Great Lakes System;
                          (vi) ensure coordinated Federal 
                        scientific and other research 
                        associated with the Great Lakes System; 
                        and
                          (vii) provide assistance and support 
                        to agencies represented on the Task 
                        Force in activities relating to the 
                        Great Lakes System.

           *       *       *       *       *       *       *

          [(10) Comprehensive report.--Within 90 days after the 
        end of each fiscal year, the Administrator shall submit 
        to Congress a comprehensive report which--
                  [(A) describes the achievements in the 
                preceding fiscal year in implementing the Great 
                Lakes Water Quality Agreement of 1978 and shows 
                by categories (including judicial enforcement, 
                research, State cooperative efforts, and 
                general administration) the amounts expended on 
                Great Lakes water quality initiatives in such 
                preceding fiscal year;
                  [(B) describes the progress made in such 
                preceding 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 
                particular reference to toxic pollutants;
                  [(C) describes the long-term prospects for 
                improving the condition of the Great Lakes; and
                  [(D) provides a comprehensive assessment of 
                the planned efforts to be pursued in the 
                succeeding fiscal year for implementing the 
                Great Lakes Water Quality Agreement of 1978, 
                which assessment shall--
                          [(i) show by categories (including 
                        judicial enforcement, research, State 
                        cooperative efforts, and general 
                        administration) the amount anticipated 
                        to be expended on Great Lakes water 
                        quality initiatives in the fiscal year 
                        to which the assessment relates; and
                          [(ii) include a report of current 
                        programs administered by other Federal 
                        agencies which make available resources 
                        to the Great Lakes water quality 
                        management efforts.]
          (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 
                        (6)(A)(ii)(II) and recommendation 
                        submitted under clauses (ii)(IV) and 
                        (iii) of paragraph (6)(A) by the Great 
                        Lakes Leadership Council 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.

           *       *       *       *       *       *       *

          (12) Remediation of sediment contamination in areas 
        of concern.--
                  (A) In general.--* * *

           *       *       *       *       *       *       *

                  (H) Authorization of appropriations.--
                          [(i) In general.--In addition to 
                        other amounts authorized under this 
                        section, there is authorized to be 
                        appropriated to carry out this 
                        paragraph $50,000,000 for each of 
                        fiscal years 2004 through 2010.]
                          (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.
                          (ii) Availability.--Funds made 
                        available under clause (i) shall remain 
                        available until expended.
                          (iii) Allocation of funds.--Not more 
                        than 20 percent of the funds 
                        appropriated pursuant to clause (i) for 
                        a fiscal year may be used to carry out 
                        subparagraph (F).

           *       *       *       *       *       *       *

      (h) Authorizations of Great Lakes Appropriations.--[There 
are authorized]
          (1) In general.--There are authorized to be 
        appropriated to the Administrator to carry out this 
        section not to exceed--
                  [(1)](A) $11,000,000 per fiscal year for the 
                fiscal years 1987, 1988, 1989, and 1990, and 
                $25,000,000 for fiscal year 1991;
                  [(2)](B) such sums as are necessary for each 
                of fiscal years 1992 through 2003; and
                  [(3)](C) $25,000,000 for each of fiscal years 
                2004 through 2008.
          (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 2011 
        through 2016.

           *       *       *       *       *       *       *


                                  
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