[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[S. 1398 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1398

    To provide for the environmental restoration of the Great Lakes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2003

 Mr. DeWine (for himself, Mr. Levin, Mr. Voinovich, Ms. Stabenow, Mr. 
  Coleman, Mr. Durbin, Mrs. Clinton, and Mr. Schumer) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
    To provide for the environmental restoration of the Great Lakes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Great Lakes Environmental 
Restoration Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Great Lakes and the connecting channels of the 
        Great Lakes form the largest freshwater system in the world, 
        holding \1/5\ of the fresh surface water supply of the world 
        and \9/10\ of the fresh surface water supply of the United 
        States;
            (2) 30 years after the date of enactment of the Federal 
        Water Pollution Control Act (33 U.S.C. 1251 et seq.), water 
        quality in the Great Lakes has improved, but the Great Lakes 
        remain in a degraded state;
            (3) evidence of the degraded environment of the Great Lakes 
        includes--
                    (A) a record 599 closings of Great Lakes beaches in 
                2001;
                    (B) an increase to 20 percent in the percentage of 
                Great Lakes shoreline that contains polluted sediments; 
                and
                    (C) the issuance by State and local authorities of 
                1,400 fish consumption advisories relating to the Great 
                Lakes;
            (4) the Great Lakes are sources of drinking water for 
        approximately 40,000,000 people in the United States and 
        Canada;
            (5) in the years since the Great Lakes Water Quality 
        Agreement was signed and the United States and Canada agreed to 
        ``restore and maintain the chemical, physical, and biological 
        integrity of the waters of the Great Lakes Basin and give 
        priority attention to the 43 designated Areas of Concern'', no 
        sites have been restored in the United States;
            (6) it is the responsibility of the Federal Government and 
        State and local governments to ensure that the Great Lakes 
        remain a clean and safe source of water for drinking, fishing, 
        and swimming; and
            (7) while the total quantity of resources needed to restore 
        the Great Lakes is unknown, additional funding is needed now to 
        augment existing efforts to address the known threats facing 
        the Great Lakes.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Great Lakes 
        Environmental Restoration Advisory Board established by section 
        5(a).
            (2) Council.--The term ``Council'' means the Great Lakes 
        Federal Coordination Council established by section 6(a).
            (3) Great lake.--The term ``Great Lake'' means--
                    (A) Lake Erie;
                    (B) Lake Huron (including Lake Saint Clair);
                    (C) Lake Michigan;
                    (D) Lake Ontario;
                    (E) Lake Superior; and
                    (F) the connecting channels of those Lakes, 
                including--
                            (i) the Saint Marys River;
                            (ii) the Saint Clair River;
                            (iii) the Detroit River;
                            (iv) the Niagara River; and
                            (v) the Saint Lawrence River to the 
                        Canadian border.
            (4) Great lakes state.--The term ``Great Lakes State'' 
        means each of the States of Illinois, Indiana, Ohio, Michigan, 
        Minnesota, New York, Pennsylvania, and Wisconsin.
            (5) Program.--The term ``Program'' means the Great Lakes 
        Environmental Restoration Grant Program established by section 
        4(a).
            (6) Program office.--The term ``Program Office'' means the 
        Great Lakes National Program Office of the Environmental 
        Protection Agency.

SEC. 4. GREAT LAKES RESTORATION GRANTS.

    (a) Establishment.--There is established a Great Lakes 
Environmental Restoration Grant Program, to be administered by the 
Program Office.
    (b) Grants.--
            (1) In general.--In coordination with the Board, the 
        Program Office shall provide to States, municipalities, and 
        other applicants grants for use in and around the Great Lakes 
        in carrying out--
                    (A) contaminated sediment cleanup;
                    (B) wetland restoration;
                    (C) invasive species control and prevention;
                    (D) coastal wildlife and fisheries habitat 
                improvement;
                    (E) public access improvement;
                    (F) water quality improvement;
                    (G) sustainable water use;
                    (H) nonpoint source pollution reduction; or
                    (I) such other projects and activities to restore, 
                protect, and assist the recovery of the Great Lakes as 
                the Board may determine.
            (2) Distribution.--In providing grants under this section 
        for a fiscal year, the Program Office shall ensure that--
                    (A) at least 1 project or activity is funded in 
                each Great Lakes State for the fiscal year;
                    (B) the amount of funds received by each Great 
                Lakes State under this section for the fiscal year is 
                at least 6 percent, but not more than 30 percent, of 
                the total amount of funds made available for grants 
                under this section for the fiscal year;
                    (C) each project or activity for which funding is 
                provided results in 1 or more tangible improvements in 
                the Great Lakes watershed; and
                    (D) each project or activity for which funding is 
                provided addresses 1 or more priority issue areas 
                identified by the Board for the fiscal year.
            (3) Grant evaluation.--
                    (A) In general.--In evaluating grant proposals, the 
                Program Office shall give great weight to the ranking 
                of proposals by the Board under section 5(c)(3).
                    (B) Decision not to fund.--If the Program Office 
                decides not to fund a grant proposal ranked by the 
                Board as 1 of the top 10 proposals meriting funding, 
                the Program Office shall provide to the Board, not 
                later than 30 days after the date of the determination, 
                a written statement explaining the reasons why the 
                proposal was not funded.
            (4) Funding limitations.--Funds provided under the Program 
        shall not be used for any of the following:
                    (A) Design, construction, or improvement of a road 
                except as required in connection with a sewer upgrade.
                    (B) Design, implementation, or evaluation of a 
                research or monitoring project or activity except as 
                required in connection with a project or activity that 
                will result in a tangible improvement to the Great 
                Lakes watershed.
                    (C) Design or implementation of a beautification 
                project or activity that does not result in a tangible 
                improvement to the Great Lakes watershed.
                    (D) Litigation expenses, including legal actions to 
                address violations of the Federal Water Pollution 
                Control Act (33 U.S.C. 1251 et seq.), the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.), or any 
                other environmental law or regulation.
                    (E) Lobbying expenses (as defined in section 2 of 
                the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602)).
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $600,000,000 for each of fiscal years 
        2004 through 2013.
            (2) Cost sharing.--The Federal share of the cost of any 
        project or activity carried out using funds made available 
        under paragraph (1) shall not exceed 80 percent.
            (3) In-kind contributions.--The non-Federal share of the 
        cost of any project or activity carried out using funds made 
        available under paragraph (1) may be provided in cash or in 
        kind.

SEC. 5. GREAT LAKES ADVISORY BOARD.

    (a) Establishment.--There is established a committee to be known as 
the ``Great Lakes Environmental Restoration Advisory Board''.
    (b) Membership.--
            (1) In general.--The Board shall be composed of 21 voting 
        members (or designees of the members), of whom--
                    (A) 8 shall be the Governors of the Great Lakes 
                States;
                    (B) 1 shall be Director of the Great Lakes National 
                Program Office;
                    (C) 1 shall be the Secretary of the Interior;
                    (D) 1 shall be the Director of the National Oceanic 
                and Atmospheric Administration;
                    (E) 1 shall be the Chief of Engineers;
                    (F) 1 shall be the Secretary of Agriculture; and
                    (G) 8 shall be chief executives of cities, 
                counties, or municipalities in the Great Lakes basin 
                and selected by the Steering Committee of the Great 
                Lakes Cities Initiative, including 1 member from each 
                Great Lakes.
            (2) Observers.--The Board may include observers, 
        including--
                    (A) the Premiers of the Canadian Provinces of 
                Ontario and Quebec;
                    (B) a representative of the Government of Canada;
                    (C) a representative of the State Department;
                    (D) 8 representatives of environmental 
                organizations (with 1 member appointed by the Governor 
                of each Great Lakes State), including--
                            (i) Great Lakes United;
                            (ii) the Lake Michigan Federation;
                            (iii) the National Wildlife Federation;
                            (iv) the Sierra Club; and
                            (v) The Nature Conservancy;
                    (E) 5 representatives of industry selected by the 
                chairperson of the Board;
                    (F) the 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;
                    (H) the Chairman of the Great Lakes Commission; and
                    (I) 3 representatives of Native Americans selected 
                by the President.
            (3) Date of appointments.--The appointment of each member 
        of the Board shall be made not later than 90 days after the 
        date of enactment of this Act.
            (4) Term; vacancies.--
                    (A) Term.--A member of the Board shall be appointed 
                for 5 years.
                    (B) Vacancies.--A vacancy on the Board--
                            (i) shall not affect the powers of the 
                        Board; and
                            (ii) shall be filled in the same manner as 
                        the original appointment was made.
            (5) Meetings.--The Board shall meet at the call of the 
        chairperson.
            (6) Chairperson.--The Board shall select a chairperson of 
        the Board from the members appointed under paragraph (1)(A).
    (c) Duties.--
            (1) In general.--Before the beginning of the fiscal year, 
        the Board shall determine by majority vote, and shall submit to 
        the Program Office, the funding priority issue areas that shall 
        apply to all grants provided under section 4 during the fiscal 
        year.
            (2) Great lakes goals.--The priorities shall be based on 
        environmental restoration goals for the Great Lakes that--
                    (A) are prepared by the Governors of Great Lakes 
                States; and
                    (B) identify specific objectives and the best 
                methods by which to produce a tangible improvement to 
                the Great Lakes.
            (3) Grants.--
                    (A) Program office.--The Program Office shall 
                provide to the Board, in a timely manner, copies of 
                grant proposals submitted under section 4.
                    (B) Board.--The Board shall--
                            (i) review the grant proposals; and
                            (ii) provide to the Program Office, by a 
                        date specified by the Program Office, a list of 
                        the grant applications that the Board 
                        recommends for funding, ranked in order of the 
                        applications that most merit funding.

SEC. 6. GREAT LAKES FEDERAL COORDINATING COUNCIL.

    (a) Establishment.--There is established, in the executive branch, 
the Great Lakes Federal Coordinating Council.
    (b) Membership.--
            (1) In general.--The Council shall consist of--
                    (A) the Secretary of the Interior;
                    (B) the Secretary of Agriculture;
                    (C) the Secretary of Commerce;
                    (D) the Secretary of State;
                    (E) the Secretary of Transportation;
                    (F) the Secretary of Health and Human Services;
                    (G) the Administrator of the Environmental 
                Protection Agency, acting through the Great Lakes 
                National Program Office Director;
                    (H) the Secretary of the Army, acting through the 
                Chief of Engineers; and
                    (I) such additional members as are appointed under 
                paragraph (2).
            (2) Additional members.--With the concurrence of a majority 
        of the members of the Council, the chairperson of the Council 
        may appoint additional members to the Council from among 
        individuals who are officers or employees of the Federal 
        Government with significant responsibilities concerning the 
        environmental restoration and protection of the Great Lakes.
    (c) Chairperson.--The Director of the Great Lakes National Program 
Office shall serve as chairperson of the Council.
    (d) Meetings.--The Council shall meet at the call of the 
chairperson, but not less often than 3 times in each calendar year.
    (e) Duties.--
            (1) In general.--The Council shall ensure that the efforts 
        of Federal agencies concerning environmental restoration and 
        protection of the Great Lakes are coordinated, effective, 
        complementary, and cost-efficient.
            (2) Duties.--To carry out subsection (a), the Council 
        shall--
                    (A) ensure that Federal agencies implement the 
                policies and priorities identified by the Council 
                through appropriate actions, including working in 
                cooperation with Federal agencies on development of 
                budgets for the annual submission by the President to 
                Congress of the budget of the United States Government 
                under section 1105 of title 31, United States Code; and
                    (B) develop and submit to the appropriate 
                committees of Congress and the Director of the Office 
                of Management and Budget--
                            (i) an annual list of priorities for 
                        implementation, ranked in high, medium, and low 
                        categories, under Federal efforts and programs; 
                        and
                            (ii) a description of accomplishments 
                        under--
                                    (I) the Program; and
                                    (II) as the Council considers 
                                appropriate, other federally funded 
                                grant programs that benefit the Great 
                                Lakes.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000 for each of fiscal 
years 2004 through 2006.

SEC. 7. GREAT LAKES WATER QUALITY INDICATORS AND MONITORING.

    (a) In General.--Section 118(c)(1) of the Federal Water Pollution 
Control Act (33 U.S.C. 1268(c)(1)) is amended by striking subparagraph 
(B) and inserting the following:
                    ``(B)(i) not later than 2 years after the date of 
                enactment of this clause, in cooperation with Canada 
                and appropriate Federal agencies (including the United 
                States Geological Survey, the National Oceanic and 
                Atmospheric Administration, and the United States Fish 
                and Wildlife Service), develop and implement a set of 
                science-based indicators of water quality and related 
                environmental factors in the Great Lakes, including, at 
                a minimum, measures of toxic pollutants that have 
                accumulated in the Great Lakes for a substantial period 
                of time, as determined by the Program Office;
                    ``(ii) not later than 4 years after the date of 
                enactment of this clause--
                            ``(I) establish a Federal network for the 
                        regular monitoring of, and collection of data 
                        throughout, the Great Lakes basin with respect 
                        to the indicators described in clause (i); and
                            ``(II) collect an initial set of benchmark 
                        data from the network; and
                    ``(iii) not later than 2 years after the date of 
                collection of the data described in clause (ii)(II), 
                and biennially thereafter, in addition to the report 
                required under paragraph (10), submit to Congress, and 
                make available to the public, a report that--
                            ``(I) describes the water quality and 
                        related environmental factors of the Great 
                        Lakes (including any changes in those factors), 
                        as determined through the regular monitoring of 
                        indicators under clause (ii)(I) for the period 
                        covered by the report; and
                            ``(II) identifies any emerging problems in 
                        the water quality or related environmental 
                        factors of the Great Lakes.''.
    (b) Authorization of Appropriations.--Section 118 of the Federal 
Water Pollution Control Act (33 U.S.C. 1268) is amended by striking 
subsection (h) and inserting the following:
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section (other than subsection (c)(1)(B)) 
        $25,000,000 for each of fiscal years 2004 through 2008.
            ``(2) Great lakes water quality indicators and 
        monitoring.--There are authorized to be appropriated to carry 
        out subsection (c)(1)(B)--
                    ``(A) $4,000,000 for fiscal year 2004;
                    ``(B) $6,000,000 for fiscal year 2005;
                    ``(C) $8,000,000 for fiscal year 2006; and
                    ``(D) $10,000,000 for fiscal year 2007.''.
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