< Back to S. 3073 (111th Congress, 2009–2010)

Text of the Great Lakes Ecosystem Protection Act of 2010

This bill was introduced on June 30, 2010, in a previous session of Congress, but was not enacted. The text of the bill below is as of Sep 2, 2010 (Reported by Senate Committee).

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Source: GPO

II

Calendar No. 554

111th CONGRESS

2d Session

S. 3073

[Report No. 111–283]

IN THE SENATE OF THE UNITED STATES

March 4, 2010

(for himself, Mr. Voinovich, Ms. Klobuchar, Mr. Brown of Ohio, Mr. Franken, Ms. Stabenow, Mr. Durbin, Mr. Burris, Mr. Casey, and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

September 2, 2010

Reported under authority of the order of the Senate of August 5, 2010, by , with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

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

1.

Short title

This Act may be cited as the Great Lakes Ecosystem Protection Act of 2010.

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—

(1)

in paragraph (1)—

(A)

by striking subparagraph (B) and inserting the following:

(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; and

; and

(B)

in subparagraph (C), by inserting , tribal, after State; and

(2)

by striking paragraph (2) and inserting the following:

(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—

(A)

improved organization and definition of mission on the part of the Agency;

(B)

the funding of grants for protection, restoration, and pollution control in the Great Lakes area; and

(C)

improved accountability.

.

(b)

Great Lakes management

Section 118(c) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (A), by striking ,; and inserting a semicolon;

(B)

by striking subparagraph (E);

(C)

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

(D)

in subparagraph (E) (as so redesignated), by adding and at the end;

(E)

in subparagraph (F) (as so redesignated), by striking ; and and inserting a period; and

(F)

by inserting after subparagraph (B) the following:

(C)

provide the support described in paragraph (6);

(D)

coordinate with the Great Lakes Interagency Task Force, as required under paragraph (7);

;

(2)

in paragraph (3)(C), by striking subparagraph (c)(1)(C) of this section and inserting paragraph (1)(E);

(3)

by striking paragraph (6) and inserting the following:

(6)

Great Lakes governance and management

(A)

Great Lakes Leadership Council

(i)

Establishment

There is established a council, to be known as the Great Lakes Leadership Council (referred to in this paragraph as the Council).

(ii)

Duties

The Council shall—

(I)

develop and establish Great Lakes protection and restoration policy;

(II)

approve long-term goals and objectives relating to Great Lakes protection and restoration, including the Great Lakes Restoration Initiative;

(III)

establish annual priorities with respect to Great Lakes protection and restoration, including priorities for the Great Lakes Restoration Initiative;

(IV)

submit to Congress, the President, and the public reports describing progress made during the reporting period with respect to Great Lakes protection and restoration;

(V)

seek consensus among units of government and stakeholders regarding disputes relating to Great Lakes protection and restoration;

(VI)

determine a process for participation in relevant international forums, such as the Great Lakes Water Quality Agreement; and

(VII)

provide input annually regarding Federal budget priorities and levels for Great Lakes protection and restoration, including the Great Lakes Restoration Initiative.

(iii)

Membership

(I)

In general

The membership of the Council shall include—

(aa)

8 heads of Federal departments and agencies, to be appointed by the President, including—

(AA)

the Administrator;

(BB)

the Chief of Engineers;

(CC)

the Secretary of the Interior;

(DD)

the Secretary of Agriculture;

(EE)

the Secretary of Commerce; and

(FF)

the head of the department in which the Coast Guard is operating;

(bb)

the governors of the Great Lake States;

(cc)

8 representatives of tribal governments, to be appointed by the Indian tribes located in the Great Lakes basin; and

(dd)

8 mayors, including mayors participating in the Great Lakes and St. Lawrence Cities Initiative, to be appointed by the mayors of areas located in the Great Lakes basin.

(II)

Chairperson

The Administrator shall serve as chairperson of the Council.

(III)

Secretary

The Director of the Program Office shall serve as secretary of, and provide administrative support to, the Council.

(IV)

Observer members

The membership of the Council shall include 1 observer member from each of—

(aa)

the International Joint Commission;

(bb)

the Great Lakes Fishery Commission;

(cc)

the Great Lakes Commission; and

(dd)

Canada.

(iv)

Committees

The Council may establish such committees as the Council determines to be appropriate for issues including—

(I)

executive issues;

(II)

science issues;

(III)

implementation issues; and

(IV)

funding issues.

(v)

Meetings

(I)

In general

The Council shall meet not less frequently than once each year.

(II)

Open to public

The meetings of the Council shall be held open to the public.

(vi)

Operation

The Council shall operate on a consensus basis.

(vii)

Costs

The Agency shall pay the operating costs of the Council.

(B)

Great Lakes Management Committee

(i)

Establishment

There is established within the Council a committee, to be known as the Great Lakes Management Committee.

(ii)

Duties

The Great Lakes Management Committee shall—

(I)

submit reports to the Council, including recommendations regarding relevant issues;

(II)

provide direction for the planning, assessment, and reporting efforts of the Council;

(III)

monitor and assist in implementation activities relating to Great Lakes management; and

(IV)

engage in ongoing problem solving regarding Great Lakes management.

(iii)

Membership

(I)

Membership

The Great Lakes Management Committee shall consist of 11 members, of whom—

(aa)

1 shall be appointed by each unit of government included in the membership of the Council;

(bb)

1 shall be appointed by the Great Lakes Commission;

(cc)

1 shall be appointed by the International Joint Commission;

(dd)

1 shall be appointed by the Great Lakes Fishery Commission;

(ee)

1 shall be a representative of the environmental community in the Great Lakes, to be appointed by the Administrator, after soliciting advice from that community;

(ff)

1 shall be a representative of the agricultural community, to be appointed by the Administrator, after soliciting advice from that community;

(gg)

1 shall be a representative of Great Lakes industry, to be appointed by the Administrator, after soliciting advice from that industry;

(hh)

1 shall be a representative of the scientific community, to be appointed by the Administrator, after soliciting advice from that community; and

(ii)

1 shall be a representative of Canada, who shall serve as an observer member.

(II)

Chairperson

The senior advisor on Great Lakes of the Agency (or a designee) shall serve as chairperson of the Great Lakes Management Committee.

(III)

Secretary

The Director of the Program Office shall serve as secretary of, and provide administrative support to, the Great Lakes Management Committee.

(iv)

Meetings

(I)

In general

The Great Lakes Management Committee shall meet not less frequently than once each quarter.

(II)

Open to public

(aa)

In general

Subject to item (bb), the meetings of the Great Lakes Management Committee shall be held open to the public.

(bb)

Executive sessions

The Great Lakes Management Committee may hold executive sessions that are closed to the public.

(v)

Operation

The Great Lakes Management Committee shall operate on a consensus basis.

(vi)

Costs

The Agency shall pay the operating costs of the Great Lakes Management Committee.

;

(4)

by striking paragraph (7) and inserting the following:

(7)

Great Lakes Interagency Task Force

(A)

Establishment

There is established a task force, to be known as the Great Lakes Interagency Task Force.

(B)

Coordination

The Program Office shall coordinate, to the maximum extent practicable, with the Great Lakes Interagency Task Force established by subparagraph (A).

;

(5)

in paragraph (8)—

(A)

by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting the clauses appropriately;

(B)

by striking The Administrator and inserting the following:

(A)

In general

The Administrator

; and

(C)

by adding at the end the following:

(B)

Annual reports

Not later than 30 days after the date of publication of the budget for a fiscal year, the Administrator shall submit to Congress a report that describes—

(i)

with respect to each organizational element of the Agency referred to in subparagraph (A)—

(I)

the budget of the element for Great Lakes restoration activities for the applicable fiscal year;

(II)

each Great Lakes restoration activity to be carried out by the element during the applicable fiscal year; and

(III)

the means by which progress made on those activities will be evaluated; and

(ii)

with respect to each recommendation submitted by the Great Lakes Leadership Council during the preceding fiscal year, the reasons why the Administrator approved or disapproved the recommendation.

;

(6)

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

(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—

(I)

$50,000,000 for each of fiscal years 2004 through 2010; and

(II)

$150,000,000 for each of fiscal years 2011 through 2015.

; and

(7)

by adding at the end the following:

(14)

Great Lakes Restoration Initiative

(A)

Findings

Congress finds that—

(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; and

(ii)

in 2010, the Agency, in coordination with Federal partners, will commence implementation of a new Great Lakes Restoration Initiative (referred to in this paragraph as the Initiative), which will—

(I)

identify programs and projects that are strategically selected to target the most significant environmental problems in the Great Lakes ecosystem;

(II)

be based on the work of—

(aa)

the Great Lakes Interagency Task Force established by paragraph (7)(A); and

(bb)

the stakeholders and nongovernmental partners of the Great Lakes Leadership Council; and

(III)

represent the commitment of the Federal Government to significantly advancing Great Lakes protection and restoration.

(B)

Priority

The Initiative shall give priority to work done by non-Federal partners using funding made available for the Great Lakes for—

(i)

the remediation of toxic substances in Areas of Concern;

(ii)
(I)

the prevention of invasive species; and

(II)

the mitigation and restoration of the impacts of invasive species;

(iii)
(I)

the protection and restoration of nearshore health; and

(II)

the prevention of nonpoint source pollution;

(iv)

habitat and wildlife protection and restoration; and

(v)

accountability, monitoring, evaluation, communication, and partnership activities.

(C)

Projects

Pursuant to the Initiative, the Agency shall consult with Federal partners and take into consideration the recommendations of the Council to select the best combination of programs and projects for Great Lakes protection and restoration using principles and criteria such as—

(i)

the ability to achieve strategic and measurable environmental outcomes;

(ii)

the feasibility of—

(I)

prompt implementation;

(II)

timely achievement of results; and

(III)

the ability to leverage resources; and

(iii)

opportunities for interagency and interorganizational coordination and collaboration.

(D)

Implementation of projects

(i)

In general

Funds made available to carry out the Initiative shall be used to strategically implement—

(I)

Federal projects; and

(II)

projects carried out in coordination with States, Indian tribes, municipalities, institutions of higher education, and other organizations.

(ii)

Transfer of funds

Of amounts made available for environmental programs and management for the Great Lakes Initiative, the Administrator may—

(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 Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement of 1978;

(II)

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

(III)

make grants to governmental entities, nonprofit organizations, institutions, and individuals for planning, research, monitoring, outreach, and implementation relating to the activities described in subclause (I).

(E)

Scope

(i)

In general

Projects shall be carried out pursuant to the Initiative on multiple levels, including—

(I)

local;

(II)

Great Lake-wide; and

(III)

Great Lakes basin-wide.

(ii)

Limitation

No funds made available to carry out the Initiative may be used for any water infrastructure activity that is carried out using funds made available under the clean water or drinking water State revolving fund program.

(F)

Activities by other Federal agencies

Each relevant Federal department and agency shall, to the maximum extent practicable—

(i)

maintain the base level of funding for the Great Lakes activities of the agency; and

(ii)

identify new activities and projects to support the environmental goals of the Initiative.

(G)

Funding

(i)

Authorization of appropriations

There is authorized to be appropriated to carry out the Initiative $475,000,000 for each of fiscal years 2011 through 2016.

(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.

.

(c)

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 for Program Office

There is authorized to be appropriated to the Administrator to carry out this section $25,000,000 for each of fiscal years 2011 through 2016.

.

(d)

Effect of section

Nothing in this section or an amendment made by this section affects—

(1)

the jurisdiction, powers, or prerogatives of—

(A)

any department, agency, or officer of—

(i)

the Federal Government; or

(ii)

any State or tribal government; or

(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))); or

(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).

1.

Short title

This Act may be cited as the Great Lakes Ecosystem Protection Act of 2010.

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—

(1)

in paragraph (1)—

(A)

by striking subparagraph (B) and inserting the following:

(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; and

; and

(B)

in subparagraph (C), by inserting , tribal, after State;

(2)

by striking paragraph (2) and inserting the following:

(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—

(A)

improved organization and definition of mission on the part of the Agency;

(B)

the funding of grants, contracts, and interagency agreements for protection, restoration, and pollution control in the Great Lakes area; and

(C)

improved accountability.

; and

(3)

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

(H)

Great Lakes Water Quality Agreement means the bilateral Agreement on Great Lakes water quality, 1978 between the United States and Canada, signed at Ottawa on November 22, 1978 (30 U.S.T. 1383; TIAS 9257), amended October 16, 1983 (TIAS 10798) and November 18, 1987 (TIAS 11551);

.

(b)

Great Lakes management

Section 118(c) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (A), by striking ,; and inserting a semicolon;

(B)

by striking subparagraph (E);

(C)

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

(D)

in subparagraph (E) (as so redesignated), by adding and at the end;

(E)

in subparagraph (F) (as so redesignated), by striking ; and and inserting a period; and

(F)

by inserting after subparagraph (B) the following:

(C)

provide the support described in paragraph (6);

(D)

coordinate with the Great Lakes Interagency Task Force, as required under paragraph (8);

;

(2)

in paragraph (3)(C), by striking subparagraph (c)(1)(C) of this section and inserting paragraph (1)(E);

(3)

by striking paragraph (6) and inserting the following:

(6)

Great Lakes governance and management

(A)

Great Lakes Leadership Council

(i)

Establishment

There is established a council, to be known as the Great Lakes Leadership Council (referred to in this paragraph as the Council).

(ii)

Duties

The Council shall—

(I)

not later than 1 year after the date of establishment of the Council and every 5 years thereafter—

(aa)

review the Great Lakes Regional Collaboration Strategy; and

(bb)

if the Council determines revisions are necessary, revise the Strategy to reflect the most comprehensive scientific information available and ensure the Great Lakes Restoration Initiative Action Plan reflects those revisions;

(II)

establish annual priorities with respect to Great Lakes protection and restoration, including priorities for the Great Lakes Restoration Initiative;

(III)

submit to Congress, the President, and the public an annual report describing progress made during the reporting period with respect to Great Lakes protection and restoration;

(IV)

make recommendations to the Administrator and the Secretary of State regarding—

(aa)

a process for participation in relevant international forums, such as the Great Lakes Water Quality Agreement; and

(bb)

whether any existing advisory committees are duplicative and should be replaced; and

(V)

make recommendations to Congress and the President 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—

(aa)

is duplicative; or

(bb)

complicates the protection and restoration of the Great Lakes.

(iii)

Budget priorities and funding levels

Non-Federal members of the Council shall provide input annually to the Council and the Great Lakes Interagency Task Force on Federal budget priorities and funding levels for Great Lakes protection and restoration, including the Great Lakes Restoration Initiative.

(iv)

Membership

(I)

In general

The membership of the Council shall include—

(aa)

8 heads of Federal departments and agencies that participate in the Great Lakes Interagency Task Force established under paragraph (8), to be appointed by the President and periodically rotated as the President determines to be appropriate, including—

(AA)

the Administrator;

(BB)

the Chief of Engineers;

(CC)

the Secretary of the Interior;

(DD)

the Secretary of Agriculture;

(EE)

the Secretary of Commerce;

(FF)

the Secretary of Energy; and

(GG)

the Secretary of State;

(bb)

the governors of the Great Lake States;

(cc)

8 representatives of tribal governments, to be appointed—

(AA)

by the Indian tribes located in the Great Lakes basin in the United States; and

(BB)

to the maximum extent practicable, in a manner that ensures that the tribal governments are geographically representative of the Great Lakes basin; and

(dd)

8 mayors, including mayors participating in the Great Lakes and St. Lawrence Cities Initiative, to be appointed—

(AA)

by the mayors of areas located in the Great Lakes basin in the United States; and

(BB)

to the maximum extent practicable, in a manner that ensures that the mayors are geographically representative of the Great Lakes basin.

(II)

Chairperson

The Administrator shall serve as chairperson of the Council.

(III)

Secretary

The Director of the Program Office shall serve as secretary of, and provide administrative support to, the Council.

(IV)

Observer members

The membership of the Council—

(aa)

shall include 1 observer member from each of—

(AA)

the International Joint Commission;

(BB)

the Great Lakes Fishery Commission; and

(CC)

the Great Lakes Commission; and

(bb)

may include 1 observer member from Canada.

(v)

Committees

The Council may establish such committees (including the Great Lakes Advisory Committee, in accordance with subparagraph (B)(i)) as the Council determines to be appropriate for issues including—

(I)

executive issues;

(II)

science issues;

(III)

implementation issues; and

(IV)

funding issues.

(vi)

Meetings

(I)

In general

The Council shall meet not less frequently than once each year.

(II)

Open to public

The meetings of the Council shall be held open to the public.

(vii)

Operation

The Council shall operate on a consensus basis.

(viii)

Costs

The Agency shall pay the operating costs of the Council.

(B)

Great Lakes Advisory Committee

(i)

Establishment

The Council shall establish a committee, to be known as the Great Lakes Advisory Committee.

(ii)

Duties

The Great Lakes Advisory Committee shall—

(I)

submit reports and information to the Council, including recommendations regarding issues relevant to the planning, assessment, and reporting duties of the Council; and

(II)

provide advice to the Council on—

(aa)

monitoring implementation activities relating to Great Lakes management; and

(bb)

other relevant Great Lakes issues.

(iii)

Membership

(I)

Membership

The Great Lakes Advisory Committee shall consist of—

(aa)

4 members representing the membership of the Council, of which 1 member shall be appointed by each unit of government (including Federal agencies, States, units of local government, and Indian tribes) included in the membership of the Council;

(bb)

1 member who shall be appointed by the Great Lakes Commission;

(cc)

1 member who shall be appointed by the International Joint Commission;

(dd)

1 member who shall be appointed by the Great Lakes Fishery Commission;

(ee)

1 member who shall be a representative of the environmental community in the Great Lakes, to be appointed by the Administrator, after soliciting advice from that community;

(ff)

1 member who shall be a representative of the agricultural community, to be appointed by the Administrator, after soliciting advice from that community;

(gg)

1 member who shall be a representative of Great Lakes industry, to be appointed by the Administrator, after soliciting advice from that industry;

(hh)

1 member who shall be a representative of the scientific community, to be appointed by the Administrator, after soliciting advice from that community; and

(ii)

if the member is appointed under subparagraph (A)(iv)(IV)(bb), 1 member who shall be a representative of Canada, as an observer member.

(II)

Chairperson

The Administrator (or a designee) shall serve as chairperson of the Great Lakes Advisory Committee.

(III)

Secretary

The Director of the Program Office (or a designee) shall serve as secretary of, and provide administrative support to, the Great Lakes Advisory Committee.

(iv)

Meetings

(I)

In general

The Great Lakes Advisory Committee shall meet not less frequently than every 180 days.

(II)

Open to public

(aa)

In general

Subject to item (bb), the meetings of the Great Lakes Advisory Committee shall be held open to the public.

(bb)

Executive sessions

The Great Lakes Advisory Committee may hold executive sessions that are closed to the public.

(v)

Operation

The Great Lakes Advisory Committee shall operate on a consensus basis.

(vi)

Costs

The Agency shall pay the operating costs of the Great Lakes Advisory Committee.

;

(4)

by striking paragraph (7) and inserting the following:

(7)

Great Lakes Restoration Initiative

(A)

Findings

Congress finds that—

(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; and

(ii)

in 2010, the Agency, in coordination with Federal partners, will commence implementation of a new Great Lakes Restoration Initiative (referred to in this paragraph as the Initiative), which will—

(I)

identify programs and projects that are strategically selected to target the most significant environmental problems in the Great Lakes ecosystem;

(II)

be based on the work of—

(aa)

the Great Lakes Interagency Task Force established by paragraph (8)(A); and

(bb)

the Great Lakes Leadership Council, stakeholders, and nongovernmental partners; and

(III)

represent the commitment of the Federal Government to significantly advancing Great Lakes protection and restoration.

(B)

Priority

The Initiative shall give priority to work done by non-Federal partners using funding made available for the Great Lakes for priority areas for each fiscal year, such as—

(i)

the remediation of toxic substances and areas of concern;

(ii)
(I)

the prevention of invasive species; and

(II)

the mitigation and restoration of the impacts of invasive species;

(iii)
(I)

the protection and restoration of nearshore health; and

(II)

the prevention of nonpoint source pollution;

(iv)

habitat and wildlife protection and restoration;

(v)

accountability, monitoring, evaluation, communication, and partnership activities; and

(vi)

other areas prioritized by the Council.

(C)

Projects

Pursuant to the Initiative, the Agency shall consult with Federal partners and take into consideration the recommendations of the Council to select the best combination of programs and projects for Great Lakes protection and restoration using principles and criteria such as—

(i)

the ability to achieve strategic and measurable environmental outcomes;

(ii)

the feasibility of—

(I)

prompt implementation;

(II)

timely achievement of results; and

(III)

the ability to leverage resources; and

(iii)

opportunities for interagency and interorganizational coordination and collaboration.

(D)

Implementation of projects

(i)

In general

Funds made available to carry out the Initiative shall be used to strategically implement—

(I)

Federal projects; and

(II)

projects carried out in coordination with States, Indian tribes, municipalities, institutions of higher education, and other organizations.

(ii)

Transfer of funds

Of amounts made available for environmental programs and management for the Great Lakes Restoration Initiative, the Administrator may—

(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 Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement;

(II)

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

(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).

(E)

Scope

(i)

In general

Projects shall be carried out pursuant to the Initiative on multiple levels, including—

(I)

local;

(II)

Great Lake-wide; and

(III)

Great Lakes basin-wide.

(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—

(I)

a State water pollution control revolving fund established under title VI; or

(II)

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

(F)

Activities by other Federal agencies

Each relevant Federal department and agency shall, to the maximum extent practicable—

(i)

maintain the base level of funding for the Great Lakes activities of the agency; and

(ii)

identify new activities and projects to support the environmental goals of the Initiative.

(G)

Funding

(i)

Authorization of appropriations

There is authorized to be appropriated to carry out the Initiative $475,000,000 for each of fiscal years 2011 through 2016.

(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.

;

(5)

by striking paragraph (8) and inserting the following:

(8)

Great Lakes Interagency Task Force

(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) and relating to establishment of Great Lakes Interagency Task Force and promotion of regional collaboration of national significance for Great Lakes.

(B)

Coordination

The Program Office shall coordinate, to the maximum extent practicable, with the Great Lakes Interagency Task Force.

(C)

Duties

The Great Lakes Interagency Task Force shall—

(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;

(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—

(aa)

the Great Lakes Regional Collaboration Strategy;

(bb)

Great Lakes Restoration Initiative Action Plan;

(cc)

the Great Lakes Water Quality Agreement; and

(dd)

Federal implementation of recommendations of the Great Lakes Leadership Council; and

(II)

assist in the appropriate management of the Great Lakes System;

(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—

(I)

focus on outcomes such as cleaner water, sustainable fisheries, and biodiversity of the Great Lakes System;

(II)

ensure that Federal policies, strategies, projects, and priorities support measurable results; and

(III)

are consistent with the Great Lakes Regional Collaboration Strategy and the Great Lakes Restoration Initiative Action Plan;

(iv)

exchange information regarding policies, strategies, projects, and activities of the agencies represented on the Task Force relating to—

(I)

the Great Lakes System;

(II)

the Great Lakes Regional Collaboration Strategy; and

(III)

the Great Lakes Restoration Initiative Action Plan;

(v)

coordinate government action associated with the Great Lakes System;

(vi)

ensure coordinated Federal scientific and other research associated with the Great Lakes System; and

(vii)

provide assistance and support to agencies represented on the Task Force in activities relating to the Great Lakes System.

;

(6)

by striking paragraph (10) and inserting the following:

(10)

Reports

(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—

(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—

(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;

(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;

(III)

describe the prospects of meeting the goals and objectives of the Great Lakes Water Quality Agreement; and

(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—

(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; and

(bb)

include a report on programs administered by other Federal agencies that make resources available for Great Lakes water quality management efforts;

(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;

(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—

(I)

is duplicative; or

(II)

complicates the protection and restoration of the Great Lakes; and

(iv)

with respect to each priority established under paragraph (6)(A)(ii)(II) and recommendation submitted under clauses (ii)(IV) and (iii) of paragraph (6)(A) by the Great Lakes Leadership Council during the fiscal year, the reasons why the Administrator implemented, or did not implement, the priorities and recommendations.

(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—

(i)

an interagency budget crosscut report that—

(I)

describes the budget proposed, including funding allocations by each agency for the Great Lakes Restoration Initiative;

(II)

identifies any adjustments from the budget request;

(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;

(IV)

compares specific funding levels allocated for participating Federal agencies from fiscal year to fiscal year; and

(V)

identifies all expenditures since fiscal year 2004 by the Federal Government and State governments for Great Lakes restoration activities;

(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;

(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; and

(iv)

a listing of all projects to be undertaken in the subsequent fiscal year with the Federal share of funds for activities.

; and

(7)

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

(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—

(I)

$50,000,000 for each of fiscal years 2004 through 2010; and

(II)

$150,000,000 for each of fiscal years 2011 through 2015.

.

(c)

Authorization of appropriations

Section 118(h) of the Federal Water Pollution Control Act (33 U.S.C. 1268(h)) is amended—

(1)

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

(2)

by striking There are authorized and inserting the following:

(1)

In general

There are authorized

; and

(3)

by adding at the end the following:

(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 2011 through 2016.

.

(d)

Effect of section

Nothing in this section or an amendment made by this section affects—

(1)

the jurisdiction, powers, or prerogatives of—

(A)

any department, agency, or officer of—

(i)

the Federal Government; or

(ii)

any State or tribal government; or

(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))); or

(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).

September 2, 2010

Reported with an amendment