[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2720 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2720
To authorize appropriations for State programs and activities for the
restoration of the Great Lakes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2003
Mr. Emanuel (for himself, Mr. Reynolds, Mr. Kirk, Mr. Hoekstra, Mr.
Lipinski, Mr. Ehlers, Mr. Levin, Mr. LaTourette, Mr. Kennedy of
Minnesota, Mr. Green of Wisconsin, Mr. Chocola, Mr. Stupak, Mr. Murtha,
Mr. Davis of Illinois, Mr. Kleczka, Mr. Brown of Ohio, Ms. Slaughter,
Ms. McCollum, Mr. Hoeffel, and Mr. English) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Resources, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To authorize appropriations for State programs and activities for the
restoration of the Great Lakes, and for other purposes.
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 Restoration Financing
Act of 2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Great Lakes, and their connecting channels, form
the largest freshwater system on Earth, 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) Thirty years after enactment of the Clean Water Act,
water quality in the Great Lakes has improved, but the Great
Lakes remain in a crisis state.
(3) Evidence of such deterioration includes--
(A) a record 897 Great Lakes beach closings in
2002;
(B) an increase to 20 percent in the percentage of
Great Lakes shoreline that contains polluted sediments;
and
(C) 1,500 fish consumption advisories relating to
the Great Lakes issued by State and local authorities.
(4) The Great Lakes are the source of drinking water for
28,000,000 people in the United States and 40,000,000 people in
both the United States and Canada.
(5) It is the responsibility of all governments, local,
State, and Federal, to ensure that the Great Lakes remain a
source of clean and safe drinking water, fish that are safe to
eat, and beaches that are safe for swimming.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Area of concern.--The term ``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.
(2) Great lakes.--The term ``Great Lakes'' means Lake
Ontario, Lake Erie, Lake Huron (including Lake Saint Clair),
Lake Michigan, and Lake Superior, and the connecting channels
(Saint Marys River, Saint Clair River, Detroit River, Niagara
River, and Saint Lawrence River to the Canadian Border).
(3) Great lakes system.--The term ``Great Lakes System''
means all the streams, rivers, lakes, and other bodies of water
within the drainage basin of the Great Lakes, including ground
water that flows into those bodies of water.
(4) Great lakes water quality agreement.--The term ``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.
(5) International joint commission.--The term
``International Joint Commission'' means the International
Joint Commission established by the Treaty between the United
States and Great Britain Relating to Boundary Waters, and
Questions Arising Between the United States and Canada, signed
at Washington on January 11, 1909.
(6) Lakewide management plan.--The term ``Lakewide
Management Plan'' means a written document which embodies a
systematic and comprehensive ecosystem approach to restoring
and protecting the beneficial uses of the open waters of each
of the Great Lakes, in accordance with article VI and Annex 2
of the Great Lakes Water Quality Agreement.
(7) Remedial action plan.--The term ``Remedial Action
Plan'' means a written document which embodies a systematic and
comprehensive ecosystem approach to restoring and protecting
the beneficial uses of areas of concern, in accordance with
article VI and Annex 2 of the Great Lakes Water Quality
Agreement.
SEC. 4. GREAT LAKES ADVISORY BOARD.
(a) Establishment.--There is established the Great Lakes Advisory
Board.
(b) Duties.--Subject to the requirements of this Act, the Board
shall--
(1) develop a biennial comprehensive Great Lakes management
plan under section 5;
(2) coordinate Great Lakes restoration efforts; and
(3) implement a public awareness campaign.
(c) Membership.--
(1) Number and appointment.--The Board shall be composed of
the following members (or designees of the members):
(A) 8 shall be the Governors of the Great Lakes
States.
(B) 1 shall be a representative of the
International Joint Commission, to be appointed by the
International Joint Commission.
(C) 1 shall be the Director of the Great Lakes
National Program Office of the Environmental Protection
Agency.
(D) 1 shall be the Chief of Engineers.
(E) 1 shall be the Director of the United States
Fish and Wildlife Service.
(F) 1 shall be the Secretary of Agriculture.
(G) 1 shall be the Administrator of the National
Oceanographic and Atmospheric Administration.
(H) 1 shall be the Secretary of the department in
which the Coast Guard is operating.
(I) 3 shall be representatives of the 3 largest
Indian tribes in the Great Lakes States (except that
each of the 3 representatives must be from a different
State), to be appointed by the President.
(J) 3 shall be representatives of businesses with a
direct effect on the Great Lakes (including 1
representative of a large company and one
representative of a small business), to be appointed by
the President.
(K) 3 shall be representatives of private non-
profit organizations that are active in Great Lakes
restoration work and have at least 10,000 members in
all of the Great Lakes States or 1,000 members in any
single Great Lakes State, to be appointed by the
President, with consideration given to selecting
representatives reflecting the diverse nature of
opinions throughout the Great Lakes States.
(L) 8 shall be chief executives of cities,
counties, or municipalities in the Great Lakes States
and selected by the Steering Committee of the Great
Lakes Cities Initiative, including 1 member from each
Great Lakes State.
(2) Nonvoting observers.--The Board may include nonvoting
observers, including the following:
(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) 2 representatives of the environmental
community selected by the cochairpersons of the Board.
(E) 2 representatives of industry selected by the
cochairpersons of the Board.
(F) The Chairman of the United States section of
the International Joint Committee.
(G) The Vice Chair of the United States section of
the Great Lakes Fishery Commission.
(3) Organization.--The Board may organize itself into
subcommittees.
(4) 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.
(5) Term; vacancies.--
(A) Term.--Each member to be appointed to the Board
shall be appointed for a term of 2 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.
(6) Initial meeting.--Not later than 30 days after the date
on which all members of the Board have been appointed, the
Board shall hold the initial meeting of the Board.
(7) Meetings.--The Board shall meet at the call of the
cohairpersons on at least a quarterly basis.
(8) Quorum.--A majority of the members of the Board shall
constitute a quorum, but a lesser number of members may hold
hearings.
(9) Cochairpersons.--
(A) Selection.--The Board shall select 4
cochairpersons of the Board, of which cochairpersons--
(i) 2 shall be elected by the individuals
referred to in paragraph (1)(A) from among
those individuals, each of whom shall be of
different political parties;
(ii) 1 shall be elected by the individuals
referred to in paragraph (1)(L) from among
those individuals; and
(iii) 1 shall be the Director of the Great
Lakes National Program Office.
(B) Duties.--A majority of the cochairpersons
shall--
(i) call meetings and hearings; and
(ii) make administrative and personnel
decisions.
(10) Scientific working group.--
(A) Membership.--The Board shall have a scientific
working group composed of 1 individual from each Great
Lakes State, to be appointed by the Board.
(B) Qualifications.--Each individual appointed
under subparagraph (A) shall be--
(i) a faculty member at a nationally
accredited university with an accredited
natural resources program;
(ii) actively involved in a field related
to Great Lakes ecology; and
(iii) recommended to the Board by the
university's president.
(C) Duties.--The scientific working group shall
evaluate the scientific integrity of the Great Lakes
restoration effort and assist the Board in its
decisionmaking. The scientific working group shall use
peer reviewed scientific research in carrying out its
duties.
(D) Chairperson and vice chairperson.--The
scientific working group shall have a chairperson and
vice chairperson elected by its members.
(d) Powers.--
(1) Hearings.--The Board may hold such hearings, meet and
act at such times and places, take such testimony, and receive
such evidence as the Board considers advisable to carry out
this Act.
(2) Information from federal agencies.--
(A) In general.--The Board may obtain directly from
a Federal agency such information (including all
existing information relating to the environmental
restoration, protection, and recovery of the Great
Lakes) as the Board considers necessary to carry out
this Act.
(B) Provision of information.--On request of a
cochairperson of the Board, the head of the agency
shall provide the information described in subparagraph
(A) to the Board.
(3) Postal services.--The Board may use the United States
mails in the same manner and under the same conditions as other
agencies of the Federal Government.
(4) Gifts.--The Board may accept, use, and dispose of gifts
or donations of services or property.
(e) Board Personnel Matters.--
(1) Compensation of members.--
(A) Non-federal employees.--Except as provided in
paragraph (2), a member of the Board who is not an
officer or employee of the Federal Government shall
serve without compensation.
(B) Federal employees.--Except as provided in
paragraph (2), a member of the Board who is an officer
or employee of the Federal Government shall serve
without compensation in addition to the compensation
received for the services of the member as an officer
or employee of the Federal Government.
(2) Travel expenses.--A member of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Board.
(3) Staff.--
(A) In general.--The cochairpersons of the Board
may, without regard to the civil service laws
(including regulations), appoint and terminate an
executive director and such other additional personnel
as are necessary to enable the Board to perform the
duties of the Board.
(B) Confirmation of executive director.--The
employment of an executive director shall be subject to
confirmation by the Board.
(C) Compensation.--
(i) In general.--Except as provided in
clause (ii), the cochairpersons of the Board
may fix the compensation of the executive
director and other personnel without regard to
the provisions of chapter 51 and subchapter III
of chapter 53 of title 5, United States Code,
relating to classification of positions and
General Schedule pay rates.
(ii) Maximum rate of pay.--The rate of pay
for the executive director and other personnel
shall not exceed the rate payable for level V
of the Executive Schedule under section 5316 of
title 5, United States Code.
(4) Detail of federal government employees.--
(A) In general.--An employee of the Federal
Government may be detailed to the Board without
reimbursement.
(B) Civil service status.--The detail of the
employee shall be without interruption or loss of civil
service status or privilege.
(5) Procurement of temporary and intermittent services.--
The cochairpersons of the Board may procure temporary and
intermittent services in accordance with section 3109(b) of
title 5, United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section
5316 of that title.
(f) Nonapplicability of FACA.--The Board shall not be subject to
the Federal Advisory Committee Act (5 U.S.C. App.).
(g) Annual Report.--On or before December 31st of each year, the
Board shall transmit to Congress a report on the activities of the
Board in the preceding year.
SEC. 5. COMPREHENSIVE GREAT LAKES MANAGEMENT PLAN.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, and every 2 years thereafter, the Great Lakes Advisory
Board shall transmit to the President, the appropriate committees of
Congress, the Governor of each Great Lakes State, and the Great Lakes
mayors a Comprehensive Great Lakes Management Plan (in this section
referred to as the ``plan'').
(b) Purpose.--The plan shall establish goals for the future of the
Great Lakes System and programmatic steps to achieve the goals. The
plan shall also contain a detailed statement of the findings and
conclusions of the Board and recommended funding levels to assist the
Great Lakes States in achieving the goals.
(c) Goals Assessment.--In developing the plan, the Board shall
consider the following as possible goals for the Great Lakes ecosystem:
(1) Toxic hot spots.--Implementing clean up activities at
not less than 10 of the 31 areas of concerns in the United
States within 2 years of the date of enactment of this Act.
(2) Invasive species.--Establishing procedures and programs
to eliminate the introduction of invasive species into the
Great Lakes and to dramatically reduce the population of
nonindigenous species in the Great Lakes. Further, States
should coordinate with the Federal Government to reestablish
Great Lakes native species populations.
(3) Pollution.--Dramatically decreasing the introduction of
pollution into the Great Lakes through nonpoint source
pollution, and eliminating all forms of toxic deposition in the
Great Lakes, including mercury, arsenic, polychlorinated
biphenyls (PCB's), and other hazardous materials within 10
years of the date of enactment of this Act.
(4) Restoring and conserving wetlands and critical coastal
habitat.--Preserving, restoring, and enhancing at least 100,000
acres of coastal and inland wetlands within the Great Lakes
System in order to improve water quality.
(5) Eliminating dead zones.--Increasing efforts to
eliminate dead zones in the Great Lakes, including research
into and elimination of hypoxia and harmful algal bloom in the
Great Lakes.
(6) Ensuring the sustainable use of water resources.--
Ensuring the sustainable use and management of Great Lakes
water resources to protect environmental quality in the Great
Lakes States.
(7) Public participation.--Encouraging public participation
in Great Lakes restoration, including--
(A) by 2004, establishment of a public website to
enable individuals to obtain information on water
quality, beach conditions, sewage overflows, and
industrial discharge throughout the Great Lakes;
(B) by 2004, ensuring that all Great Lakes States
have beach monitoring facilities at all public beaches;
and
(C) by 2004, ensuring that Great Lakes States begin
educating the public on proper Great Lakes stewardship.
(d) Development of Plan.--In developing the plan, the Board shall--
(1) consider existing research on the Great Lakes System,
including the Great Lakes Strategy 2002, individual Lakewide
Management Plans, and research by nongovernmental
organizations;
(2) evaluate current State and Federal programs to restore
the Great Lakes System and recommend whether the programs
should be continued, eliminated, or combined with other
efforts;
(3) evaluate the current funding structure for Great Lakes
restoration and recommend a process for developing a single
funding source;
(4) avoid duplication of effort;
(5) strive to incorporate the ideas of the Board's working
groups and develop compromises when conflicts arise among the
working groups;
(6) develop a series of scientifically sound indicators for
the health of the Great Lakes System; and
(7) overall, work to dramatically improve the quality of
the Great Lakes System.
(e) Public Input.--In preparing the plan, the Board shall provide
notice and an opportunity for public comment.
SEC. 6. STATE GREAT LAKES MANAGEMENT PLANS.
(a) Eligibility for Apportionments.--
(1) In general.--In order to be eligible to receive an
apportionment under section 7 for a fiscal year, a Great Lakes
State shall have in effect a State Great Lakes Management Plan
(in this section referred to as a ``State plan'') that has been
developed by the Governor of the State and approved by the
Administrator of the Environmental Protection Agency.
(2) Initial apportionment.--For the first fiscal year for
which amounts are appropriated to carry out this Act, the
Administrator may make an apportionment to a Great Lakes State
under section 7 even if the State does not have in effect a
State plan that has been approved by the Administrator if the
State provides assurances satisfactory to the Administrator
that the State will--
(A) use not to exceed $500,000 of the amount of the
apportionment for the development of a State plan; and
(B) submit a State plan to the Administrator for
approval, not later than 180 days after the date of
receipt of the apportionment.
The Administrator may withhold a portion of a State's initial
apportionment until approval of the State's plan.
(b) Approval of Plans.--
(1) In general.--The Administrator shall approve a State
plan if the State plan--
(A)(i) is consistent with the Comprehensive Great
Lakes Management Plan developed under section 5; or
(ii) with respect to State plans submitted before
completion of the Comprehensive Great Lakes Management
Plan, is consistent with Lakewide Management Plans and
the Great Lakes Strategy 2002 developed by the United
States Policy Committee for the Great Lakes, dated
April 2002;
(B) utilizes sound scientific approaches, as
defined by the Board's scientific working group; and
(C) otherwise meets the requirements of this
section.
(2) Period of review.--The Administrator shall approve or
disapprove a State plan of a Great Lakes State, or an update of
a State plan submitted under subsection (c), on or before the
date that is 60 days after the date of receipt of the plan or
update. If the Administrator does not approve or disapprove a State
plan or update before that date, the State plan or update shall be
deemed approved.
(3) Appeals and resubmissions.--The Administrator shall
establish procedures for appealing a decision to disapprove a
plan under this section and for resubmission of modified plans
following a disapproval.
(c) Updated Plans.--A Great Lakes State shall update its State plan
every 2 years and submit the updated plan to the Administrator for
approval.
(d) Implementation of Plans.--
(1) In general.--Amounts apportioned to a Great Lakes State
under section 7 shall be used by the State to carry out
programs and activities described in its State plan that
address one or more of the following purposes:
(A) Reduction and elimination of toxic sediments.
(B) Elimination of invasive species.
(C) Reduction of pollution from runoff and sewage
overflows.
(D) Restoration and conservation of wetlands and
critical habitat within the Great Lakes System.
(E) Increasing public education on Great Lakes
restoration issues.
(2) Priority.--In allocating amounts received in
apportionments under section 7, a State shall give priority to
programs and activities for the remediation of toxic sediments
and slowing non-point source pollution.
(3) Limitations.--
(A) Experimental programs.--Not more than 5 percent
of the amounts apportioned to a State under section 7
in a fiscal year may be used for experimental programs,
as determined by the Administrator.
(B) Prohibited projects.--Amounts apportioned to a
State under section 7 in a fiscal year may not be used
for any of the following:
(i) Road projects (other than projects
required for sewer upgrades).
(ii) Beautification projects (other than
projects developed in conjunction with a
restoration project and consistent with
Lakewide Management Plans).
(iii) Projects 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) Other Funding Requirements.--In order to be eligible to receive
an apportionment under section 7 for a fiscal year, a Great Lakes State
shall provide assurances satisfactory to the Administrator that the
State will comply with the following terms and conditions:
(1) The State will contribute from non-Federal sources 30
percent of the cost of carrying out programs and activities
funded using amounts from the apportionments. Such
contributions may include in-kind contributions.
(2) The State will maintain expenditures for Great Lakes
management programs and activities at a level that does not
fall below the average level of such expenditures for the
preceding 2 fiscal years of the State.
(3) The State will expend not more than 1 percent of the
amounts received by the State in apportionments in a fiscal
year for the State's administrative expenses.
(f) Ineligible States.--If one or more of the Great Lakes States is
not eligible to receive apportionments under section 7 for a fiscal
year, the Administrator shall apportion amounts that would otherwise be
apportioned to the State or States among the eligible Great Lakes
States.
SEC. 7. FUNDING.
(a) Apportionment Formula.--Amounts made available to carry out
this section for a fiscal year shall be apportioned by the
Administrator of the Environmental Protection Agency on the first day
of the fiscal year among the Great Lakes States eligible for an
apportionment as follows:
(1) 30 percent of the amounts in the ratio that--
(A) the population of each Great Lakes State bears
to
(B) the population of all Great Lakes States.
(2) 13.3 percent of the amounts in the ratio that--
(A) the number of square miles of Great Lakes
watershed in each Great Lakes State; bears to
(B) the number of square miles of Great Lakes
watershed in all Great Lakes States.
(3) 13.3 percent of the amounts in the ratio that--
(A) the number of areas of concern in each Great
Lakes State; bears to
(B) the number of areas of concern in all Great
Lakes States.
(4) 13.3 percent of the amounts in the ratio that--
(A) the number of critical areas (as defined by the
Director of the United States Fish and Wildlife
Service) in each Great Lakes State; bears to
(B) the number of critical areas (as defined by the
Director of the United States Fish and Wildlife
Service) in all Great Lakes States.
(5) The remainder of the amounts in the ratio that--
(A) the number of households that in calendar year
2000 received water from the Great Lakes in each Great
Lakes State; bears to
(B) the number of households that in calendar year
2000 received water from the Great Lakes in all Great
Lakes States.
(b) Maximum and Minimum Apportionments.--Notwithstanding subsection
(a), a Great Lakes State that is eligible to receive an apportionment
under this section for a fiscal year may not receive more than 30
percent, nor less than 6 percent, of the amounts apportioned for the
fiscal year.
(c) Apportionment Determinations.--
(1) In general.--Determinations made by the Administrator
in making apportionments under subsection (a) shall be final.
(2) Water use.--The Administrator shall reduce the amount
that otherwise would be apportioned to a Great Lakes State
under subsection (a)(5) if the State allows water from the
Great Lakes to be exported beyond its borders. The amount of
the reduction shall be determined by the Administrator based on
the amount of water exported.
(d) Deductions.--Whenever an apportionment is made of the amounts
made available to carry out this section, the Administrator shall
deduct--
(1) 2 percent of the amounts, to be allocated to the Great
Lakes Advisory Board for administration, research, and public
education, including awarding grants to museums and advertising
expenses;
(2) $300,000 of the amounts, to be allocated to the
Administrator for administrative expenses in carrying out this
section;
(3) $15,000,000 of the amounts, to be allocated to the
Administrator for strengthening enforcement activities under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) for the Great Lakes System; and
(4) 2 percent of the amounts, to be allocated to the State
of Illinois for a project to establish a permanent invasive
species barrier between the Mississippi River and Lake Michigan
until completion of the project or until the project has
received sufficient funding from other Federal sources.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $800,000,000 for each of fiscal years
2004 through 2008. Such sums shall remain available until
expended.
(2) Great lakes national program office.--In addition to
amounts authorized in other Acts, there is authorized to be
appropriated to the Great Lakes National Program Office of the
Environmental Protection Agency $5,000,000 for each of fiscal
years 2004 through 2008. Such sums shall remain available until
expended.
SEC. 8. APPOINTMENT OF SPECIAL MASTERS FOR AREAS OF CONCERN.
(a) Appointment.--Notwithstanding any other provision of law, the
Administrator of the Environmental Protection Agency may appoint a
special master to direct the remediation of an area of concern.
(b) Notice.--The Administrator shall publish in the Federal
Register notice of the appointment of a special master under subsection
(a) at least 12 months before the date of the appointment.
(c) Powers.--Notwithstanding any other provision of law, the
special master shall have the authority to direct the remediation of an
area of concern, consistent with all applicable Federal, State, and
local environmental laws.
(d) Consultation.--Following the publication of notice of the
appointment of a special master under subsection (b), the Administrator
shall facilitate the coordination of all appropriate Federal, State,
and local authorities for remediation of the area of concern.
(e) Final Appointment.--Before final appointment of the special
master, the Administrator shall reevaluate the need for the
appointment.
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