[Congressional Bills 108th Congress]
[From the U.S. Government Publishing 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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