,,ii #aacth ,,congress #ast ,session ,s4 #abcb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bf1 #bjac ,mr4 ,levin 7for himself1 ,mr4 ,kirk1 ,ms4 ,stabenow1 ,ms4 ,klobuchar1 ,mr4 ,brown1 ,mr4 ,durbin1 ,mr4 ,franken1 ,mr4 ,schumer1 and ,ms4 ,baldwin7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,federal ,water ,pollution ,control ,act to protect and restore the ,great ,lakes4 #a4 ,short title ,this ,act may be cited as the ,great ,lakes ,ecological and ,economic ,protection ,act of #bjac4 #b4 ,great ,lakes provision modifications 7a7 ,findings2 purpose ,section #aah7;a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfh7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking subparagraph 7,b7 and inserting the following3 7,b7 the ,united ,states should seek to attain the goals embodied in the ,great ,lakes ,restoration ,initiative ,action ,plan1 the ,great ,lakes ,regional ,collaboration ,strategy1 and the ,great ,lakes ,water ,quality ,agreement of #aigh 7including subsequent amendments72 and 2 and 7,b7 in subparagraph 7,c71 by inserting 1 tribal1 after ,state2 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,purpose ,the purpose of this section is to achieve the goals established in the ,great ,lakes ,restoration ,initiative ,action ,plan1 the ,great ,lakes ,regional ,collaboration ,strategy1 and the ,great ,lakes ,water ,quality ,agreement through-- 7,a7 improved organization and definition of mission on the part of the ,agency2 7,b7 the funding of grants1 contracts1 and interagency agreements for protection1 restoration1 and pollution control in the ,great ,lakes area2 and 7,c7 improved accountability4 2 and 7#c7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,definitions ,in this section3 7,a7 ,agency ,the term ,agency means the ,environmental ,protection ,agency4 7,b7 ,area of concern ,the term area of concern means a geographic area located within the ,great ,lakes1 in which beneficial uses are impaired and which has been officially designated as an area of concern under ,annex #b of the ,great ,lakes ,water ,quality ,agreement4 7,c7 ,great ,lakes ,the term ,great ,lakes means ,lake ,ontario1 ,lake ,erie1 ,lake ,huron 7including ,lake ,st4 ,clair71 ,lake ,michigan1 and ,lake ,superior1 and the connecting channels 7,saint ,mary's ,river1 ,saint ,clair ,river1 ,detroit ,river1 ,niagara ,river1 and ,saint ,lawrence ,river to the ,canadian ,border74 7,d7 ,great ,lakes mayor ,the term ,great lakes mayor means a mayor of a municipality located in a ,great ,lakes ,state4 7,e7 ,great ,lakes ,regional ,collaboration ,strategy ,the term ,great ,lakes ,regional ,collaboration ,strategy means the ,great ,lakes ,regional ,collaboration ,strategy to ,protect and ,restore the ,great ,lakes1 released on ,december #ab1 #bjje1 including any amendments or updates thereafter4 7,f7 ,great ,lakes ,state ,the term ,great ,lakes ,state means any of the ,states of ,illinois1 ,indiana1 ,michigan1 ,minnesota1 ,new ,york1 ,ohio1 ,pennsylvania1 and ,wisconsin4 7,g7 ,great ,lakes ,system ,the term ,great ,lakes ,system means all the streams1 rivers1 lakes1 and other bodies of water within the drainage basin of the ,great ,lakes4 7,h7 ,great ,lakes ,water ,quality ,agreement ,the term ,great ,lakes ,water ,quality ,agreement means the ,agreement on ,great ,lakes ,water ,quality1 #aigh1 signed at ,ottawa on ,november #bb1 #aigh 7#cj ,,ust #achc2 ,,tias #ibeg71 between the ,united ,states and ,canada4 7,i7 ,potentially responsible party ,the term potentially responsible party means an individual or entity that may be liable under any ,federal or ,state authority that is being used or may be used to facilitate the cleanup and protection of the ,great ,lakes4 7,j7 ,program ,office ,the term ,program ,office means the ,great ,lakes ,national ,program ,office established by this section4 7,k7 ,remedial ,action ,plan ,the term ,remedial ,action ,plan means a written document that embodies a systematic and comprehensive ecosystem approach to restoring and protecting the beneficial uses of areas of concern1 in accordance with article ,,vi and ,annex #b of the ,great ,lakes ,water ,quality ,agreement4 7,l7 ,site characterization ,the term site characterization means a process for monitoring and evaluating the nature and extent of sediment contamination in accordance with the guidance of the ,agency for the assessment of contaminated sediment in an area of concern located wholly or partially within the ,united ,states4 4 7b7 ,great ,lakes management ,section #aah7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfh7;c77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking 12 and inserting a semicolon2 7,b7 by striking subparagraph 7,e72 7,c7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 7,d7 in subparagraph 7,d7 7as so redesignated71 by adding and at the end2 7,e7 in subparagraph 7,e7 7as so redesignated71 by striking 2 and and inserting a period2 and 7,f7 by inserting after subparagraph 7,b7 the following3 7,c7 coordinate with the ,great ,lakes ,interagency ,task ,force1 as required under paragraph 7#h72 2 7#b7 in paragraph 7#c77;,c71 by striking subparagraph 7c77#a77;,c7 of this section and inserting paragraph 7#a77;,d72 7#c7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,great ,lakes governance and management 7,a7 ,great ,lakes ,advisory ,board 7i7 ,establishment ,the ,administrator shall establish an advisory board1 to be known as the ,great ,lakes ,advisory ,board1 to provide advice and recommendations to the ,administrator on matters pertaining to ,great ,lakes restoration and protection4 7ii7 ,membership ,the ,great ,lakes ,advisory ,board shall be composed of not fewer than #ab and not more than #bj members of whom-- 7,i7 #a shall be appointed by the ,great ,lakes ,governors to represent the interests of all of the ,great ,lakes ,states2 7,,ii7 #a shall be appointed by the ,great ,lakes mayors to represent the interests of local governments in the ,great ,lakes ,region2 7,,iii7 #a shall be from a ,great ,lakes tribal government2 and 7,,iv7 the remaining members shall be appointed by the ,administrator and shall include1 in a manner that ensures to the maximum extent practicable geographic representation of the ,great ,lakes basin1 representatives of or individuals affiliated with-- 7aa7 environmental groups2 7bb7 hunting1 fishing1 and conservation organizations2 7cc7 businesses2 7dd7 agricultural groups2 7ee7 foundations2 7ff7 environmental justice organizations2 7gg7 academia2 and 7hh7 ,state1 local1 and tribal governments4 7iii7 ,meetings ,the ,great ,lakes ,advisory ,board shall meet not less frequently than once every #ahj days4 7iv7 ,operation ,the ,great ,lakes ,advisory ,board shall-- 7,i7 operate on a collaborative basis2 and 7,,ii7 seek input from a broad variety of stakeholders4 7v7 ,costs ,the members of the ,great ,lakes ,advisory ,board shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,board4 2 7#d7 by striking paragraph 7#g7 and inserting the following3 7#g7 ,great ,lakes ,restoration ,initiative 7,a7 ,findings ,congress finds that-- 7i7 the goal of the ,great ,lakes program of the ,agency is to restore and maintain the chemical1 physical1 and biological integrity of the ,great ,lakes basin ecosystem2 and 7ii7 in #bjaj1 the ,agency1 in coordination with ,federal partners1 commenced implementation of a new ,great ,lakes ,restoration ,initiative 7referred to in this paragraph as the ,initiative71 which is designed-- 7,i7 to identify programs and projects that are strategically selected-- 7aa7 to target the most significant environmental problems in the ,great ,lakes ecosystem2 and 7bb7 to implement the ,great ,lakes ,regional ,collaboration ,strategy2 7,,ii7 to be based on the work of the ,great ,lakes ,interagency ,task ,force established by paragraph 7#h77;,a72 and 7,,iii7 to represent the commitment of the ,federal ,government to significantly advancing ,great ,lakes protection and restoration4 7,b7 ,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 year1 such as-- 7i7 the remediation of toxic substances and areas of concern2 7ii7 the prevention and control of invasive species and the impacts of invasive species2 7iii7 the protection and restoration of nearshore health and the prevention and mitigation of nonpoint source pollution2 7iv7 habitat and wildlife protection and restoration1 including wetlands restoration and preservation2 and 7v7 accountability1 monitoring1 evaluation1 communication1 and partnership activities4 7,c7 ,projects ,pursuant to the ,initiative1 the ,agency shall consult with ,federal partners1 including the ,great ,lakes ,interagency ,task ,force1 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-- 7i7 the ability to achieve strategic and measurable environmental outcomes that implement the ,great ,lakes ,collaboration ,strategy and the ,great ,lakes ,water ,quality ,agreement2 7ii7 the feasibility of-- 7,i7 prompt implementation2 7,,ii7 timely achievement of results2 and 7,,iii7 the ability to leverage resources2 and 7iii7 opportunities for improved interagency and inter-organizational coordination and collaboration to reduce duplication and streamline efforts4 7,d7 ,implementation of projects 7i7 ,in general ,funds made available to carry out the ,initiative shall be used to strategically implement-- 7,i7 ,federal projects2 and 7,,ii7 projects carried out in coordination with ,states1 ,indian tribes1 municipalities1 institutions of higher education1 and other organizations4 7ii7 ,transfer of funds ,of amounts made available for environmental programs and management for the ,great ,lakes ,restoration ,initiative1 the ,administrator may-- 7,i7 transfer not more than #dge1jjj1jjj to the head of any ,federal department or agency1 with the concurrence of the department or agency head1 to carry out activities to support the ,initiative and the ,great ,lakes ,water ,quality ,agreement2 7,,ii7 enter into an interagency agreement with the head of any ,federal department or agency to carry out activities described in subclause 7,i72 and 7,,iii7 make grants to governmental entities1 nonprofit organizations1 institutions1 and educational institutions for use in carrying out planning1 research1 monitoring1 outreach1 training1 studies1 surveys1 investigations1 experiments1 demonstration projects1 and implementation relating to the activities described in subclause 7,i74 7,e7 ,scope 7i7 ,in general ,projects shall be carried out pursuant to the ,initiative on multiple levels1 including-- 7,i7 local2 7,,ii7 ,great ,lakes-wide2 and 7,,iii7 ,great ,lakes basin-wide4 7ii7 ,limitation ,no funds made available to carry out the ,initiative may be used for any water infrastructure activity 7other than a green infrastructure project that improves habitat and other ecosystem functions in the ,great ,lakes7 for which amounts are made available from-- 7,i7 a ,state water pollution control revolving fund established under title ,,vi2 or 7,,ii7 a ,state drinking water revolving loan fund established under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab74 7,f7 ,activities by other ,federal agencies ,each relevant ,federal department and agency shall1 to the maximum extent practicable-- 7i7 maintain the base level of funding for the ,great ,lakes activities of the agency2 and 7ii7 identify new activities and projects to support the environmental goals of the ,initiative4 7,g7 ,funding 7i7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the ,initiative #dge1jjj1jjj for each of fiscal years #bjad through #bjah4 7ii7 ,partnerships ,of the amounts made available to carry out the ,initiative1 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 section4 2 7#e7 by striking paragraph 7#h7 and inserting the following3 7#h7 ,great ,lakes ,interagency ,task ,force 7,a7 ,definition of ,task ,force ,in this paragraph1 the term ,task ,force means the ,great ,lakes ,interagency ,task ,force established under subparagraph 7,b74 7,b7 ,establishment ,there is established a task force1 to be known as the ,great ,lakes ,interagency ,task ,force as described in ,executive ,order #accdj 7#cc ,u4,s4,c4 #abfh note71 relating to the establishment of ,great ,lakes ,interagency ,task ,force and promotion of regional collaboration of national significance for ,great ,lakes4 7,c7 ,membership 7i7 ,composition ,the ,task ,force shall be composed of-- 7,i7 the ,administrator1 who shall serve as ,chair2 7,,ii7 the ,secretary of ,state2 7,,iii7 the ,secretary of ,agriculture2 7,,iv7 the ,secretary of ,commerce2 7,v7 the ,secretary of ,housing and ,urban ,development2 7,,vi7 the ,secretary of ,transportation2 7,,vii7 the ,secretary of ,homeland ,security2 7,,viii7 the ,secretary of the ,army2 7,,ix7 the ,chair of the ,council on ,environmental ,quality2 and 7,x7 the ,secretary of ,health and ,human ,services4 7ii7 ,delegation ,any member of the ,task ,force may delegate any duty of the member of the ,task force described in this paragraph to any person who-- 7,i7 is a member of the department1 agency1 or office of the member2 and 7,,ii7 7aa7 is an officer of the ,united ,states appointed by the ,president2 or 7bb7 is a full-time employee compensated at a rate of pay not less than the minimum annual rate of basic pay for ,,gs-#ae under section #eccb of title #e1 ,united ,states ,code4 7,d7 ,coordination and assistance ,the ,program ,office shall-- 7i7 coordinate1 to the maximum extent practicable1 with the ,task ,force2 and 7ii7 assist the ,task ,force with the performance of the functions of the ,task ,force4 7,e7 ,duties ,the ,task ,force1 as a body or through member agencies1 shall-- 7i7 collaborate with ,canada1 provinces of ,canada1 and binational bodies involved in the ,great ,lakes region regarding policies1 strategies1 projects1 and priorities for the ,great ,lakes ,system2 7ii7 7,i7 coordinate the development of ,federal policies1 strategies1 projects1 and priorities for addressing the restoration and protection of the ,great ,lakes ,system consistent with-- 7aa7 the ,great ,lakes ,water ,quality ,agreement2 7bb7 the ,great ,lakes ,regional ,collaboration ,strategy2 and 7cc7 the ,great ,lakes ,restoration ,initiative ,action ,plan2 7,,ii7 take into consideration any recommendations of the ,great ,lakes ,advisory ,board2 and 7,,iii7 assist in the appropriate management of the ,great ,lakes ,system2 7iii7 develop outcome-based goals for the ,great ,lakes ,system 7relying on existing data and science-based indicators of water quality1 related environmental factors1 and other information7 that-- 7,i7 focus on outcomes such as cleaner water1 improved public health1 sustainable fisheries1 and biodiversity of the ,great ,lakes ,system2 7,,ii7 ensure that ,federal policies1 strategies1 projects1 and priorities support measurable results2 and 7,,iii7 are consistent with the ,great ,lakes ,regional ,collaboration ,strategy and the ,great ,lakes ,restoration ,initiative ,action ,plan2 7iv7 exchange information regarding policies1 strategies1 projects1 and activities of the agencies represented on the ,task ,force relating to-- 7,i7 the ,great ,lakes ,system2 7,,ii7 the ,great ,lakes ,water ,quality ,agreement2 7,,iii7 the ,great ,lakes ,restoration ,initiative ,action ,plan2 and 7,,iv7 the ,great ,lakes ,regional ,collaboration ,strategy2 7v7 coordinate government action associated with the ,great ,lakes ,system2 7vi7 seek input from nongovernmental organizations1 ,states1 and local and tribal governments2 7vii7 ensure coordinated scientific and other research associated with the ,great ,lakes ,system2 7viii7 provide assistance and support to agencies represented on the ,task ,force in activities relating to the ,great ,lakes ,system2 7ix7 after receipt of recommendations from the ,great ,lakes ,advisory ,board1 establish annual priorities with respect to ,great ,lakes protection and restoration1 consistent with priorities for the ,great ,lakes ,collaboration ,strategy and ,great ,lakes ,water ,quality ,agreement2 and 7x7 not later than #a year after the date of enactment of the ,great ,lakes ,ecological and ,economic ,protection ,act of #bjac and every #e years thereafter-- 7,i7 in coordination with the ,great ,lakes ,governors1 ,great ,lakes mayors1 tribal leaders1 and nongovernmental organizations-- 7aa7 review the ,great ,lakes ,regional ,collaboration ,strategy and the ,great ,lakes ,restoration ,initiative ,action ,plan2 and 7bb7 update and revise the ,great ,lakes ,restoration ,initiative ,action ,plan-- 7,,aa7 to reflect the most comprehensive scientific information available2 and 7,,bb7 to improve the implementation of the ,great ,lakes ,regional ,collaboration ,strategy2 and 7,,ii7 submit a report to ,congress on what actions have and have not been implemented with respect to the recommendations made by-- 7aa7 the ,great ,lakes ,advisory ,board2 7bb7 the ,great ,lakes mayors2 7cc7 the ,great ,lakes ,governors2 and 7dd7 tribal leaders in ,great ,lakes ,states4 2 7#f7 by striking paragraph 7#aj7 and inserting the following3 7#aj7 ,reports 7,a7 ,annual comprehensive restoration report ,not later than #ij days after the end of each fiscal year1 the ,administrator shall submit to ,congress and make publicly available a comprehensive report on the overall health of the ,great ,lakes that includes-- 7i7 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-- 7,i7 demonstrate1 by category 7including categories for judicial enforcement1 research1 ,state cooperative efforts1 and general administration7 the amounts expended on ,great ,lakes water quality initiatives for the fiscal year2 7,,ii7 describe the progress made during the fiscal year in implementing the system of surveillance of the water quality in the ,great ,lakes ,system1 including the monitoring of groundwater and sediment1 with a particular focus on toxic pollutants2 7,,iii7 describe the prospects of meeting the goals and objectives of the ,great ,lakes ,water ,quality ,agreement2 and 7,,iv7 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-- 7aa7 indicate1 by category 7including categories for judicial enforcement1 research1 ,state cooperative efforts1 and general administration7 the amount anticipated to be expended on ,great ,lakes water quality initiatives for the applicable fiscal year2 and 7bb7 include a report on programs administered by other ,federal agencies that make resources available for ,great ,lakes water quality management efforts2 7ii7 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 evaluated2 7iii7 recommendations for streamlining the work of advisory and coordinating committees 7such as the ,great ,lakes ,regional ,collaboration and the ,united ,states ,policy ,committee71 including a recommendation for eliminating any such entity if the work of the entity-- 7,i7 is duplicative2 or 7,,ii7 complicates the protection and restoration of the ,great ,lakes2 and 7iv7 with respect to each priority established under paragraph 7#h77;,e77ix7 during the fiscal year1 the reasons why the ,administrator implemented1 or did not implement1 the priorities and recommendations4 7,b7 ,crosscut budget ,not later than #de days after the date of submission of the budget of the ,president to ,congress1 the ,director of the ,office of ,management and ,budget1 in coordination with the ,governor of each ,great ,lakes ,state and the ,task ,force1 shall submit to ,congress and make publicly available a financial report1 certified by the head of each agency that has budget authority for ,great ,lakes restoration activities1 containing-- 7i7 an interagency budget crosscut report that-- 7,i7 describes the budget proposed1 including funding allocations by each agency for the ,great ,lakes ,restoration ,initiative2 7,,ii7 identifies any adjustments from the budget request2 7,,iii7 identifies the funding in any amount for each of the ,federal agencies that carry out restoration and protection activities in the subsequent fiscal year1 separately reporting the amount of funding to be provided under each law pertaining to the agency2 7,,iv7 compares specific funding levels allocated for participating ,federal agencies from fiscal year to fiscal year2 and 7,v7 identifies all expenditures since fiscal year #bjjd by the ,federal ,government and ,state governments for ,great ,lakes restoration activities2 7ii7 a detailed accounting of all funds received and obligated by all ,federal agencies and1 to the maximum extent practicable1 ,state agencies using ,federal funds1 for ,great ,lakes restoration activities during the current and previous fiscal years2 7iii7 a budget for the proposed projects 7including a description of the project1 authorization level1 and project status7 to be carried out in the subsequent fiscal year with the ,federal share of funds for activities2 and 7iv7 a listing of all projects to be undertaken in the subsequent fiscal year with the ,federal share of funds for activities4 2 and 7#g7 in paragraph 7#ab77;,h71 by striking clause 7i7 and inserting the following3 7i7 ,authorization ,in addition to other amounts authorized to be appropriated pursuant to this section1 there are authorized to be appropriated to carry out this paragraph-- 7,i7 #ej1jjj1jjj for each of fiscal years #bjjd through #bjaj2 and 7,,ii7 #aej1jjj1jjj for each of fiscal years #bjad through #bjah4 4 7c7 ,authorization of appropriations ,section #aah7;h7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfh7;h77 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively1 and indenting the subparagraphs appropriately2 7#b7 by striking ,there are authorized and inserting the following3 7#a7 ,in general ,there are authorized 2 and 7#c7 by adding at the end the following3 7#b7 ,program ,office ,there is authorized to be appropriated to the ,program ,office to carry out this section #be1jjj1jjj for each of fiscal years #bjad through #bjah4 4 7d7 ,effect of section ,nothing in this section or an amendment made by this section affects-- 7#a7 the jurisdiction1 powers1 or prerogatives of-- 7,a7 any department1 agency1 or officer of-- 7i7 the ,federal ,government2 or 7ii7 any ,state or tribal government2 or 7,b7 any international body established by treaty with authority relating to the ,great ,lakes 7as defined in section #aah7;a77#c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfh7;a77#c7772 or 7#b7 any other ,federal or ,state authority that is being used or may be used to facilitate the cleanup and protection of the ,great ,lakes 7as so defined74