To authorize appropriations for State programs and activities for the restoration of the Great Lakes, and for other purposes.

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

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.

END