S 3588 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 3588CommentsClose CommentsPermalink

To amend the Federal Water Pollution Control Act to protect and restore the Great Lakes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

September 20, 2012CommentsClose CommentsPermalink

Mr. LEVIN (for himself, Mr. KIRK, Ms. STABENOW, Mr. DURBIN, Mr. CASEY, Mr. SCHUMER, Mr. BROWN of Ohio, and Mrs. GILLIBRAND) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Federal Water Pollution Control Act to protect and restore the Great Lakes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Great Lakes Ecosystem Protection Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. GREAT LAKES PROVISION MODIFICATIONS.

(a) Findings; Purpose- Section 118(a) of the Federal Water Pollution Control Act (33 U.S.C. 1268(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink





‘(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 of 1978 (including subsequent amendments); and’; andCommentsClose CommentsPermalink





(B) in subparagraph (C), by inserting ‘, tribal,’ after ‘State’;CommentsClose CommentsPermalink





(2) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) improved organization and definition of mission on the part of the Agency;CommentsClose CommentsPermalink





‘(B) the funding of grants, contracts, and interagency agreements for protection, restoration, and pollution control in the Great Lakes area; andCommentsClose CommentsPermalink





‘(C) improved accountability.’; andCommentsClose CommentsPermalink





(3) in paragraph (3), by striking subparagraph (H) and inserting the following:CommentsClose CommentsPermalink





‘(H) ‘Great Lakes Water Quality Agreement’ means the Agreement on Great Lakes Water Quality, 1978, signed at Ottawa on November 22, 1978 (30 UST 1383; TIAS 9257), between the United States and Canada.’.CommentsClose CommentsPermalink





(b) Great Lakes Management- Section 118(c) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking ‘,;’ and inserting a semicolon;CommentsClose CommentsPermalink





(B) by striking subparagraph (E);CommentsClose CommentsPermalink





(C) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;CommentsClose CommentsPermalink





(D) in subparagraph (D) (as so redesignated), by adding ‘and’ at the end;CommentsClose CommentsPermalink





(E) in subparagraph (E) (as so redesignated), by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink





(F) by inserting after subparagraph (B) the following:CommentsClose CommentsPermalink





‘(C) coordinate with the Great Lakes Interagency Task Force, as required under paragraph (8);’;CommentsClose CommentsPermalink





(2) in paragraph (3)(C), by striking ‘subparagraph (c)(1)(C) of this section’ and inserting ‘paragraph (1)(D)’;CommentsClose CommentsPermalink





(3) by striking paragraph (6) and inserting the following:CommentsClose CommentsPermalink





‘(6) GREAT LAKES GOVERNANCE AND MANAGEMENT-CommentsClose CommentsPermalink





‘(A) GREAT LAKES ADVISORY BOARD-CommentsClose CommentsPermalink





‘(i) ESTABLISHMENT- The Administrator shall establish an advisory board, to be known as the ‘Great Lakes Advisory Board’, to provide advice and recommendations to the Administrator on matters pertaining to Great Lakes restoration and protection.CommentsClose CommentsPermalink





‘(ii) DUTIES- The Great Lakes Advisory Board shall develop and submit reports and information to the Administrator and the Great Lakes Interagency Task Force that include recommendations on planning, assessment, reporting, and accountability matters relating to the Great Lakes.CommentsClose CommentsPermalink





‘(iii) MEMBERSHIP- The Great Lakes Advisory Board shall consist of not less than 12 and not more than 20 members, who shall--CommentsClose CommentsPermalink





‘(I) be appointed by the Administrator; andCommentsClose CommentsPermalink





‘(II) include representatives of or individuals affiliated with--CommentsClose CommentsPermalink

‘(aa) environmental groups;CommentsClose CommentsPermalink

‘(bb) hunting, fishing, and conservation organizations;CommentsClose CommentsPermalink

‘(cc) businesses;CommentsClose CommentsPermalink

‘(dd) agricultural groups;CommentsClose CommentsPermalink

‘(ee) foundations;CommentsClose CommentsPermalink

‘(ff) environmental justice organizations;CommentsClose CommentsPermalink

‘(gg) academia; andCommentsClose CommentsPermalink

‘(hh) State, local, and tribal governments.CommentsClose CommentsPermalink

‘(iv) MEETINGS-CommentsClose CommentsPermalink





‘(I) IN GENERAL- The Great Lakes Advisory Board shall meet not less frequently than once every 180 days.CommentsClose CommentsPermalink





‘(II) OPEN TO PUBLIC-CommentsClose CommentsPermalink

‘(aa) IN GENERAL- Subject to item (bb), the meetings of the Great Lakes Advisory Board shall be open to the public.CommentsClose CommentsPermalink

‘(bb) EXECUTIVE SESSIONS- The Great Lakes Advisory Board may hold executive sessions that are closed to the public.CommentsClose CommentsPermalink

‘(v) OPERATION- The Great Lakes Advisory Board shall operate on a consensus basis.CommentsClose CommentsPermalink





‘(vi) COSTS- The members of the Great Lakes Advisory Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board.’;CommentsClose CommentsPermalink





(4) by striking paragraph (7) and inserting the following:CommentsClose CommentsPermalink





‘(7) GREAT LAKES RESTORATION INITIATIVE-CommentsClose CommentsPermalink





‘(A) FINDINGS- Congress finds that--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(ii) in 2010, the Agency, in coordination with Federal partners, commenced implementation of a new Great Lakes Restoration Initiative (referred to in this paragraph as the ‘Initiative’), which is designed--CommentsClose CommentsPermalink





‘(I) to identify programs and projects that are strategically selected to target the most significant environmental problems in the Great Lakes ecosystem;CommentsClose CommentsPermalink





‘(II) to be based on the work of--CommentsClose CommentsPermalink

‘(aa) the Great Lakes Interagency Task Force established by paragraph (8)(A); andCommentsClose CommentsPermalink

‘(bb) the Great Lakes Advisory Board, stakeholders, and nongovernmental partners; andCommentsClose CommentsPermalink

‘(III) to represent the commitment of the Federal Government to significantly advancing Great Lakes protection and restoration.CommentsClose CommentsPermalink





‘(B) FOCUS AREAS- The Initiative shall prioritize work done by non-Federal partners using funding made available for the Great Lakes for priority areas for each fiscal year, such as--CommentsClose CommentsPermalink





‘(i) the remediation of toxic substances and areas of concern;CommentsClose CommentsPermalink





‘(ii) the prevention and control of invasive species and the impacts of invasive species;CommentsClose CommentsPermalink





‘(iii) the protection and restoration of nearshore health and the prevention and mitigation of nonpoint source pollution;CommentsClose CommentsPermalink





‘(iv) habitat and wildlife protection and restoration, including wetlands restoration and preservation;CommentsClose CommentsPermalink





‘(v) accountability, monitoring, evaluation, communication, and partnership activities; andCommentsClose CommentsPermalink





‘(vi) other areas prioritized by the Great Lakes Advisory Board.CommentsClose CommentsPermalink





‘(C) PROJECTS- Pursuant to the Initiative, the Agency shall consult with Federal partners, including the Great Lakes Interagency Task Force, and take into consideration the recommendations of the Great Lakes Advisory Board to select the best combination of programs and projects for Great Lakes protection and restoration using principles and criteria such as--CommentsClose CommentsPermalink





‘(i) the ability to achieve strategic and measurable environmental outcomes;CommentsClose CommentsPermalink





‘(ii) the feasibility of--CommentsClose CommentsPermalink





‘(I) prompt implementation;CommentsClose CommentsPermalink





‘(II) timely achievement of results; andCommentsClose CommentsPermalink





‘(III) the ability to leverage resources; andCommentsClose CommentsPermalink





‘(iii) opportunities for improved interagency and inter-organizational coordination and collaboration to reduce duplication and streamline efforts.CommentsClose CommentsPermalink





‘(D) IMPLEMENTATION OF PROJECTS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Funds made available to carry out the Initiative shall be used to strategically implement--CommentsClose CommentsPermalink





‘(I) Federal projects; andCommentsClose CommentsPermalink





‘(II) projects carried out in coordination with States, Indian tribes, municipalities, institutions of higher education, and other organizations.CommentsClose CommentsPermalink





‘(ii) TRANSFER OF FUNDS- Of amounts made available for environmental programs and management for the Great Lakes Restoration Initiative, the Administrator may--CommentsClose CommentsPermalink





‘(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 Initiative and the Great Lakes Water Quality Agreement;CommentsClose CommentsPermalink





‘(II) enter into an interagency agreement with the head of any Federal department or agency to carry out activities described in subclause (I); andCommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(E) SCOPE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Projects shall be carried out pursuant to the Initiative on multiple levels, including--CommentsClose CommentsPermalink





‘(I) local;CommentsClose CommentsPermalink





‘(II) Great Lakes-wide; andCommentsClose CommentsPermalink





‘(III) Great Lakes basin-wide.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) a State water pollution control revolving fund established under title VI; orCommentsClose CommentsPermalink





‘(II) a State drinking water revolving loan fund established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12).CommentsClose CommentsPermalink





‘(F) ACTIVITIES BY OTHER FEDERAL AGENCIES- Each relevant Federal department and agency shall, to the maximum extent practicable--CommentsClose CommentsPermalink





‘(i) maintain the base level of funding for the Great Lakes activities of the agency; andCommentsClose CommentsPermalink





‘(ii) identify new activities and projects to support the environmental goals of the Initiative.CommentsClose CommentsPermalink





‘(G) FUNDING-CommentsClose CommentsPermalink





‘(i) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out the Initiative $475,000,000 for each of fiscal years 2013 through 2017.CommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(5) by striking paragraph (8) and inserting the following:CommentsClose CommentsPermalink





‘(8) GREAT LAKES INTERAGENCY TASK FORCE-CommentsClose CommentsPermalink





‘(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), relating to the establishment of Great Lakes Interagency Task Force and promotion of regional collaboration of national significance for Great Lakes.CommentsClose CommentsPermalink





‘(B) COORDINATION- The Program Office shall coordinate, to the maximum extent practicable, with the Great Lakes Interagency Task Force.CommentsClose CommentsPermalink





‘(C) DUTIES- The Great Lakes Interagency Task Force, as a body or through member agencies, shall--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(aa) the Great Lakes Water Quality Agreement;CommentsClose CommentsPermalink





‘(bb) the Great Lakes Restoration Initiative Action Plan; andCommentsClose CommentsPermalink





‘(cc) the Great Lakes Regional Collaboration Strategy;CommentsClose CommentsPermalink





‘(II) take into consideration any recommendations of the Great Lakes Advisory Board; andCommentsClose CommentsPermalink





‘(III) assist in the appropriate management of the Great Lakes System;CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) focus on outcomes such as cleaner water, sustainable fisheries, and biodiversity of the Great Lakes System;CommentsClose CommentsPermalink





‘(II) ensure that Federal policies, strategies, projects, and priorities support measurable results; andCommentsClose CommentsPermalink





‘(III) are consistent with the Great Lakes Regional Collaboration Strategy and the Great Lakes Restoration Initiative Action Plan;CommentsClose CommentsPermalink





‘(iv) exchange information regarding policies, strategies, projects, and activities of the agencies represented on the Task Force relating to--CommentsClose CommentsPermalink





‘(I) the Great Lakes System;CommentsClose CommentsPermalink





‘(II) the Great Lakes Water Quality Agreement;CommentsClose CommentsPermalink





‘(III) the Great Lakes Restoration Initiative Action Plan; andCommentsClose CommentsPermalink





‘(IV) the Great Lakes Regional Collaboration Strategy;CommentsClose CommentsPermalink





‘(v) coordinate government action associated with the Great Lakes System;CommentsClose CommentsPermalink





‘(vi) ensure coordinated Federal scientific and other research associated with the Great Lakes System;CommentsClose CommentsPermalink





‘(vii) provide assistance and support to agencies represented on the Task Force in activities relating to the Great Lakes System;CommentsClose CommentsPermalink





‘(viii) establish annual priorities with respect to Great Lakes protection and restoration, including priorities for the Great Lakes Restoration Initiative; andCommentsClose CommentsPermalink





‘(ix) not later than 1 year after the date of enactment of the Great Lakes Ecosystem Protection Act of 2012 and every 5 years thereafter--CommentsClose CommentsPermalink





‘(I) review the Great Lakes Regional Collaboration Strategy and the Great Lakes Restoration Initiative Action Plan; andCommentsClose CommentsPermalink





‘(II) update and revise the Great Lakes Regional Collaboration Strategy and the Great Lakes Restoration Initiative Action Plan to reflect the most comprehensive scientific information available.’;CommentsClose CommentsPermalink





(6) by striking paragraph (10) and inserting the following:CommentsClose CommentsPermalink





‘(10) REPORTS-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(III) describe the prospects of meeting the goals and objectives of the Great Lakes Water Quality Agreement; andCommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink

‘(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; andCommentsClose CommentsPermalink

‘(bb) include a report on programs administered by other Federal agencies that make resources available for Great Lakes water quality management efforts;CommentsClose CommentsPermalink

‘(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;CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) is duplicative; orCommentsClose CommentsPermalink





‘(II) complicates the protection and restoration of the Great Lakes; andCommentsClose CommentsPermalink





‘(iv) with respect to each priority established under paragraph (8)(C)(viii) during the fiscal year, the reasons why the Administrator implemented, or did not implement, the priorities and recommendations.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) an interagency budget crosscut report that--CommentsClose CommentsPermalink





‘(I) describes the budget proposed, including funding allocations by each agency for the Great Lakes Restoration Initiative;CommentsClose CommentsPermalink





‘(II) identifies any adjustments from the budget request;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(IV) compares specific funding levels allocated for participating Federal agencies from fiscal year to fiscal year; andCommentsClose CommentsPermalink





‘(V) identifies all expenditures since fiscal year 2004 by the Federal Government and State governments for Great Lakes restoration activities;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(iv) a listing of all projects to be undertaken in the subsequent fiscal year with the Federal share of funds for activities.’; andCommentsClose CommentsPermalink





(7) in paragraph (12)(H), by striking clause (i) and inserting the following:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) $50,000,000 for each of fiscal years 2004 through 2010; andCommentsClose CommentsPermalink





‘(II) $150,000,000 for each of fiscal years 2013 through 2017.’.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- Section 118(h) of the Federal Water Pollution Control Act (33 U.S.C. 1268(h)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting the subparagraphs appropriately;CommentsClose CommentsPermalink





(2) by striking ‘There are authorized’ and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- There are authorized’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(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 2013 through 2017.’.CommentsClose CommentsPermalink





(d) Effect of Section- Nothing in this section or an amendment made by this section affects--CommentsClose CommentsPermalink





(1) the jurisdiction, powers, or prerogatives of--CommentsClose CommentsPermalink





(A) any department, agency, or officer of--CommentsClose CommentsPermalink





(i) the Federal Government; orCommentsClose CommentsPermalink





(ii) any State or tribal government; orCommentsClose CommentsPermalink





(B) any international body established by treaty with authority relating to the Great Lakes (as defined in section 118(a)(3) of the Federal Water Pollution Control Act (33 U.S.C. 1268(a)(3))); orCommentsClose CommentsPermalink





(2) any other Federal or State authority that is being used or may be used to facilitate the cleanup and protection of the Great Lakes (as so defined).CommentsClose CommentsPermalink