To provide for the environmental restoration of the Great Lakes.

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

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.'.

END