I 

108TH CONGRESS 

1ST SESSION H. R. 2720

To authorize appropriations for State programs and activities for the 

restoration of the Great Lakes, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

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 

A BILL

To authorize appropriations for State programs and activities 

for the restoration of the Great Lakes, and for other 

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Great Lakes Restora5 tion Financing Act of 2003’’. 
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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The Great Lakes, and their connecting 

4 channels, form the largest freshwater system on 

Earth, holding 1 5 ⁄5 of the fresh surface water supply 

of the world and 9 6 ⁄10 of the fresh surface water sup7 ply of the United States. 

8 (2) Thirty years after enactment of the Clean 

9 Water Act, water quality in the Great Lakes has im10 proved, but the Great Lakes remain in a crisis state. 

11 (3) Evidence of such deterioration includes—

12 (A) a record 897 Great Lakes beach clos13 ings in 2002; 

14 (B) an increase to 20 percent in the per15 centage of Great Lakes shoreline that contains 

16 polluted sediments; and 

17 (C) 1,500 fish consumption advisories re18 lating to the Great Lakes issued by State and 

19 local authorities. 

20 (4) The Great Lakes are the source of drinking 

21 water for 28,000,000 people in the United States 

22 and 40,000,000 people in both the United States 

23 and Canada. 

24 (5) It is the responsibility of all governments, 

25 local, State, and Federal, to ensure that the Great 

26 Lakes remain a source of clean and safe drinking 
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1 water, fish that are safe to eat, and beaches that are 

2 safe for swimming. 

3 SEC. 3. DEFINITIONS. 

4 In this Act, the following definitions apply: 

5 (1) AREA OF CONCERN.—The term ‘‘area of 

6 concern’’ means a geographic area located within the 

7 Great Lakes, in which beneficial uses are impaired 

8 and which has been officially designated as such 

9 under Annex 2 of the Great Lakes Water Quality 

10 Agreement. 

11 (2) GREAT LAKES.—The term ‘‘Great Lakes’’ 

12 means Lake Ontario, Lake Erie, Lake Huron (in13 cluding Lake Saint Clair), Lake Michigan, and Lake 

14 Superior, and the connecting channels (Saint Marys 

15 River, Saint Clair River, Detroit River, Niagara 

16 River, and Saint Lawrence River to the Canadian 

17 Border). 

18 (3) GREAT LAKES SYSTEM.—The term ‘‘Great 

19 Lakes System’’ means all the streams, rivers, lakes, 

20 and other bodies of water within the drainage basin 

21 of the Great Lakes, including ground water that 

22 flows into those bodies of water. 

23 (4) GREAT LAKES WATER QUALITY AGREE24 MENT.—The term ‘‘Great Lakes Water Quality 

25 Agreement’’ means the bilateral agreement, between 
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1 the United States and Canada which was signed in 

2 1978 and amended by the Protocol of 1987. 

3 (5) INTERNATIONAL JOINT COMMISSION.—The 

4 term ‘‘International Joint Commission’’ means the 

5 International Joint Commission established by the 

6 Treaty between the United States and Great Britain 

7 Relating to Boundary Waters, and Questions Arising 

8 Between the United States and Canada, signed at 

9 Washington on January 11, 1909. 

10 (6) LAKEWIDE MANAGEMENT PLAN.—The term 

11 ‘‘Lakewide Management Plan’’ means a written doc12 ument which embodies a systematic and comprehen13 sive ecosystem approach to restoring and protecting 

14 the beneficial uses of the open waters of each of the 

15 Great Lakes, in accordance with article VI and 

16 Annex 2 of the Great Lakes Water Quality Agree17 ment. 

18 (7) REMEDIAL ACTION PLAN.—The term ‘‘Re19 medial Action Plan’’ means a written document 

20 which embodies a systematic and comprehensive eco21 system approach to restoring and protecting the 

22 beneficial uses of areas of concern, in accordance 

23 with article VI and Annex 2 of the Great Lakes 

24 Water Quality Agreement. 
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1 SEC. 4. GREAT LAKES ADVISORY BOARD. 

2 (a) ESTABLISHMENT.—There is established the 

3 Great Lakes Advisory Board. 

4 (b) DUTIES.—Subject to the requirements of this 

5 Act, the Board shall—

6 (1) develop a biennial comprehensive Great 

7 Lakes management plan under section 5; 

8 (2) coordinate Great Lakes restoration efforts; 

9 and 

10 (3) implement a public awareness campaign. 

11 (c) MEMBERSHIP.—

12 (1) NUMBER AND APPOINTMENT.—The Board 

13 shall be composed of the following members (or des14 ignees of the members): 

15 (A) 8 shall be the Governors of the Great 

16 Lakes States. 

17 (B) 1 shall be a representative of the 

18 International Joint Commission, to be ap19 pointed by the International Joint Commission. 

20 (C) 1 shall be the Director of the Great 

21 Lakes National Program Office of the Environ22 mental Protection Agency. 

23 (D) 1 shall be the Chief of Engineers. 

24 (E) 1 shall be the Director of the United 

25 States Fish and Wildlife Service. 

26 (F) 1 shall be the Secretary of Agriculture.
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1 (G) 1 shall be the Administrator of the 

2 National Oceanographic and Atmospheric Ad3 ministration. 

4 (H) 1 shall be the Secretary of the depart5 ment in which the Coast Guard is operating. 

6 (I) 3 shall be representatives of the 3 larg7 est Indian tribes in the Great Lakes States (ex8 cept that each of the 3 representatives must be 

9 from a different State), to be appointed by the 

10 President. 

11 (J) 3 shall be representatives of businesses 

12 with a direct effect on the Great Lakes (includ13 ing 1 representative of a large company and one 

14 representative of a small business), to be ap15 pointed by the President. 

16 (K) 3 shall be representatives of private 

17 non-profit organizations that are active in 

18 Great Lakes restoration work and have at least 

19 10,000 members in all of the Great Lakes 

20 States or 1,000 members in any single Great 

21 Lakes State, to be appointed by the President, 

22 with consideration given to selecting representa23 tives reflecting the diverse nature of opinions 

24 throughout the Great Lakes States. 
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1 (L) 8 shall be chief executives of cities, 

2 counties, or municipalities in the Great Lakes 

3 States and selected by the Steering Committee 

4 of the Great Lakes Cities Initiative, including 1 

5 member from each Great Lakes State. 

6 (2) NONVOTING OBSERVERS.—The Board may 

7 include nonvoting observers, including the following: 

8 (A) The Premiers of the Canadian Prov9 inces of Ontario and Quebec. 

10 (B) A representative of the Government of 

11 Canada. 

12 (C) A representative of the State Depart13 ment. 

14 (D) 2 representatives of the environmental 

15 community selected by the cochairpersons of the 

16 Board. 

17 (E) 2 representatives of industry selected 

18 by the cochairpersons of the Board. 

19 (F) The Chairman of the United States 

20 section of the International Joint Committee. 

21 (G) The Vice Chair of the United States 

22 section of the Great Lakes Fishery Commission. 

23 (3) ORGANIZATION.—The Board may organize 

24 itself into subcommittees. 
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1 (4) DATE OF APPOINTMENTS.—The appoint2 ment of each member of the Board shall be made 

3 not later than 90 days after the date of enactment 

4 of this Act. 

5 (5) TERM; VACANCIES.—

6 (A) TERM.—Each member to be appointed 

7 to the Board shall be appointed for a term of 

8 2 years. 

9 (B) VACANCIES.—A vacancy on the 

10 Board—

11 (i) shall not affect the powers of the 

12 Board; and 

13 (ii) shall be filled in the same manner 

14 as the original appointment was made. 

15 (6) INITIAL MEETING.—Not later than 30 days 

16 after the date on which all members of the Board 

17 have been appointed, the Board shall hold the initial 

18 meeting of the Board. 

19 (7) MEETINGS.—The Board shall meet at the 

20 call of the cohairpersons on at least a quarterly 

21 basis. 

22 (8) QUORUM.—A majority of the members of 

23 the Board shall constitute a quorum, but a lesser 

24 number of members may hold hearings. 

25 (9) COCHAIRPERSONS.—
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1 (A) SELECTION.—The Board shall select 4 

2 cochairpersons of the Board, of which cochair3 persons—

4 (i) 2 shall be elected by the individ5 uals referred to in paragraph (1)(A) from 

6 among those individuals, each of whom 

7 shall be of different political parties; 

8 (ii) 1 shall be elected by the individ9 uals referred to in paragraph (1)(L) from 

10 among those individuals; and 

11 (iii) 1 shall be the Director of the 

12 Great Lakes National Program Office. 

13 (B) DUTIES.—A majority of the cochair14 persons shall—

15 (i) call meetings and hearings; and 

16 (ii) make administrative and per17 sonnel decisions. 

18 (10) SCIENTIFIC WORKING GROUP.—

19 (A) MEMBERSHIP.—The Board shall have 

20 a scientific working group composed of 1 indi21 vidual from each Great Lakes State, to be ap22 pointed by the Board. 

23 (B) QUALIFICATIONS.—Each individual 

24 appointed under subparagraph (A) shall be—
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1 (i) a faculty member at a nationally 

2 accredited university with an accredited 

3 natural resources program; 

4 (ii) actively involved in a field related 

5 to Great Lakes ecology; and 

6 (iii) recommended to the Board by the 

7 university’s president. 

8 (C) DUTIES.—The scientific working group 

9 shall evaluate the scientific integrity of the 

10 Great Lakes restoration effort and assist the 

11 Board in its decisionmaking. The scientific 

12 working group shall use peer reviewed scientific 

13 research in carrying out its duties. 

14 (D) CHAIRPERSON AND VICE CHAIR15 PERSON.—The scientific working group shall 

16 have a chairperson and vice chairperson elected 

17 by its members. 

18 (d) POWERS.—

19 (1) HEARINGS.—The Board may hold such 

20 hearings, meet and act at such times and places, 

21 take such testimony, and receive such evidence as 

22 the Board considers advisable to carry out this Act. 

23 (2) INFORMATION FROM FEDERAL AGENCIES.—

24 (A) IN GENERAL.—The Board may obtain 

25 directly from a Federal agency such informa-
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1 tion (including all existing information relating 

2 to the environmental restoration, protection, 

3 and recovery of the Great Lakes) as the Board 

4 considers necessary to carry out this Act. 

5 (B) PROVISION OF INFORMATION.—On re6 quest of a cochairperson of the Board, the head 

7 of the agency shall provide the information de8 scribed in subparagraph (A) to the Board. 

9 (3) POSTAL SERVICES.—The Board may use 

10 the United States mails in the same manner and 

11 under the same conditions as other agencies of the 

12 Federal Government. 

13 (4) GIFTS.—The Board may accept, use, and 

14 dispose of gifts or donations of services or property. 

15 (e) BOARD PERSONNEL MATTERS.—

16 (1) COMPENSATION OF MEMBERS.—

17 (A) NON-FEDERAL EMPLOYEES.—Except 

18 as provided in paragraph (2), a member of the 

19 Board who is not an officer or employee of the 

20 Federal Government shall serve without com21 pensation. 

22 (B) FEDERAL EMPLOYEES.—Except as 

23 provided in paragraph (2), a member of the 

24 Board who is an officer or employee of the Fed25 eral Government shall serve without compensa-
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1 tion in addition to the compensation received 

2 for the services of the member as an officer or 

3 employee of the Federal Government. 

4 (2) TRAVEL EXPENSES.—A member of the 

5 Board shall be allowed travel expenses, including per 

6 diem in lieu of subsistence, at rates authorized for 

7 an employee of an agency under subchapter I of 

8 chapter 57 of title 5, United States Code, while 

9 away from the home or regular place of business of 

10 the member in the performance of the duties of the 

11 Board. 

12 (3) STAFF.—

13 (A) IN GENERAL.—The cochairpersons of 

14 the Board may, without regard to the civil serv15 ice laws (including regulations), appoint and 

16 terminate an executive director and such other 

17 additional personnel as are necessary to enable 

18 the Board to perform the duties of the Board. 

19 (B) CONFIRMATION OF EXECUTIVE DIREC20 TOR.—The employment of an executive director 

21 shall be subject to confirmation by the Board. 

22 (C) COMPENSATION.—

23 (i) IN GENERAL.—Except as provided 

24 in clause (ii), the cochairpersons of the 

25 Board may fix the compensation of the ex-
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1 ecutive director and other personnel with2 out regard to the provisions of chapter 51 

3 and subchapter III of chapter 53 of title 5, 

4 United States Code, relating to classifica5 tion of positions and General Schedule pay 

6 rates. 

7 (ii) MAXIMUM RATE OF PAY.—The 

8 rate of pay for the executive director and 

9 other personnel shall not exceed the rate 

10 payable for level V of the Executive Sched11 ule under section 5316 of title 5, United 

12 States Code. 

13 (4) DETAIL OF FEDERAL GOVERNMENT EM14 PLOYEES.—

15 (A) IN GENERAL.—An employee of the 

16 Federal Government may be detailed to the 

17 Board without reimbursement. 

18 (B) CIVIL SERVICE STATUS.—The detail of 

19 the employee shall be without interruption or 

20 loss of civil service status or privilege. 

21 (5) PROCUREMENT OF TEMPORARY AND INTER22 MITTENT SERVICES.—The cochairpersons of the 

23 Board may procure temporary and intermittent serv24 ices in accordance with section 3109(b) of title 5, 

25 United States Code, at rates for individuals that do 
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1 not exceed the daily equivalent of the annual rate of 

2 basic pay prescribed for level V of the Executive 

3 Schedule under section 5316 of that title. 

4 (f) NONAPPLICABILITY OF FACA.—The Board shall 

5 not be subject to the Federal Advisory Committee Act (5 

6 U.S.C. App.). 

7 (g) ANNUAL REPORT.—On or before December 31st 

8 of each year, the Board shall transmit to Congress a re9 port on the activities of the Board in the preceding year. 

10 SEC. 5. COMPREHENSIVE GREAT LAKES MANAGEMENT 

11 PLAN. 

12 (a) IN GENERAL.—Not later than 2 years after the 

13 date of enactment of this Act, and every 2 years there14 after, the Great Lakes Advisory Board shall transmit to 

15 the President, the appropriate committees of Congress, 

16 the Governor of each Great Lakes State, and the Great 

17 Lakes mayors a Comprehensive Great Lakes Management 

18 Plan (in this section referred to as the ‘‘plan’’). 

19 (b) PURPOSE.—The plan shall establish goals for the 

20 future of the Great Lakes System and programmatic steps 

21 to achieve the goals. The plan shall also contain a detailed 

22 statement of the findings and conclusions of the Board 

23 and recommended funding levels to assist the Great Lakes 

24 States in achieving the goals.
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1 (c) GOALS ASSESSMENT.—In developing the plan, the 

2 Board shall consider the following as possible goals for the 

3 Great Lakes ecosystem: 

4 (1) TOXIC HOT SPOTS.—Implementing clean up 

5 activities at not less than 10 of the 31 areas of con6 cerns in the United States within 2 years of the date 

7 of enactment of this Act. 

8 (2) INVASIVE SPECIES.—Establishing proce9 dures and programs to eliminate the introduction of 

10 invasive species into the Great Lakes and to dra11 matically reduce the population of nonindigenous 

12 species in the Great Lakes. Further, States should 

13 coordinate with the Federal Government to reestab14 lish Great Lakes native species populations. 

15 (3) POLLUTION.—Dramatically decreasing the 

16 introduction of pollution into the Great Lakes 

17 through nonpoint source pollution, and eliminating 

18 all forms of toxic deposition in the Great Lakes, in19 cluding mercury, arsenic, polychlorinated biphenyls 

20 (PCB’s), and other hazardous materials within 10 

21 years of the date of enactment of this Act. 

22 (4) RESTORING AND CONSERVING WETLANDS

23 AND CRITICAL COASTAL HABITAT.—Preserving, re24 storing, and enhancing at least 100,000 acres of 
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1 coastal and inland wetlands within the Great Lakes 

2 System in order to improve water quality. 

3 (5) ELIMINATING DEAD ZONES.—Increasing ef4 forts to eliminate dead zones in the Great Lakes, in5 cluding research into and elimination of hypoxia and 

6 harmful algal bloom in the Great Lakes. 

7 (6) ENSURING THE SUSTAINABLE USE OF

8 WATER RESOURCES.—Ensuring the sustainable use 

9 and management of Great Lakes water resources to 

10 protect environmental quality in the Great Lakes 

11 States. 

12 (7) PUBLIC PARTICIPATION.—Encouraging pub13 lic participation in Great Lakes restoration, includ14 ing—

15 (A) by 2004, establishment of a public 

16 website to enable individuals to obtain informa17 tion on water quality, beach conditions, sewage 

18 overflows, and industrial discharge throughout 

19 the Great Lakes; 

20 (B) by 2004, ensuring that all Great 

21 Lakes States have beach monitoring facilities at 

22 all public beaches; and 

23 (C) by 2004, ensuring that Great Lakes 

24 States begin educating the public on proper 

25 Great Lakes stewardship. 
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1 (d) DEVELOPMENT OF PLAN.—In developing the 

2 plan, the Board shall—

3 (1) consider existing research on the Great 

4 Lakes System, including the Great Lakes Strategy 

5 2002, individual Lakewide Management Plans, and 

6 research by nongovernmental organizations; 

7 (2) evaluate current State and Federal pro8 grams to restore the Great Lakes System and rec9 ommend whether the programs should be continued, 

10 eliminated, or combined with other efforts; 

11 (3) evaluate the current funding structure for 

12 Great Lakes restoration and recommend a process 

13 for developing a single funding source; 

14 (4) avoid duplication of effort; 

15 (5) strive to incorporate the ideas of the 

16 Board’s working groups and develop compromises 

17 when conflicts arise among the working groups; 

18 (6) develop a series of scientifically sound indi19 cators for the health of the Great Lakes System; 

20 and 

21 (7) overall, work to dramatically improve the 

22 quality of the Great Lakes System. 

23 (e) PUBLIC INPUT.—In preparing the plan, the 

24 Board shall provide notice and an opportunity for public 

25 comment. 
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1 SEC. 6. STATE GREAT LAKES MANAGEMENT PLANS. 

2 (a) ELIGIBILITY FOR APPORTIONMENTS.—

3 (1) IN GENERAL.—In order to be eligible to re4 ceive an apportionment under section 7 for a fiscal 

5 year, a Great Lakes State shall have in effect a 

6 State Great Lakes Management Plan (in this section 

7 referred to as a ‘‘State plan’’) that has been devel8 oped by the Governor of the State and approved by 

9 the Administrator of the Environmental Protection 

10 Agency. 

11 (2) INITIAL APPORTIONMENT.—For the first 

12 fiscal year for which amounts are appropriated to 

13 carry out this Act, the Administrator may make an 

14 apportionment to a Great Lakes State under section 

15 7 even if the State does not have in effect a State 

16 plan that has been approved by the Administrator if 

17 the State provides assurances satisfactory to the Ad18 ministrator that the State will—

19 (A) use not to exceed $500,000 of the 

20 amount of the apportionment for the develop21 ment of a State plan; and 

22 (B) submit a State plan to the Adminis23 trator for approval, not later than 180 days 

24 after the date of receipt of the apportionment. 
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1 The Administrator may withhold a portion of a 

2 State’s initial apportionment until approval of the 

3 State’s plan. 

4 (b) APPROVAL OF PLANS.—

5 (1) IN GENERAL.—The Administrator shall ap6 prove a State plan if the State plan—

7 (A)(i) is consistent with the Comprehensive 

8 Great Lakes Management Plan developed under 

9 section 5; or 

10 (ii) with respect to State plans submitted 

11 before completion of the Comprehensive Great 

12 Lakes Management Plan, is consistent with 

13 Lakewide Management Plans and the Great 

14 Lakes Strategy 2002 developed by the United 

15 States Policy Committee for the Great Lakes, 

16 dated April 2002; 

17 (B) utilizes sound scientific approaches, as 

18 defined by the Board’s scientific working group; 

19 and 

20 (C) otherwise meets the requirements of 

21 this section. 

22 (2) PERIOD OF REVIEW.—The Administrator 

23 shall approve or disapprove a State plan of a Great 

24 Lakes State, or an update of a State plan submitted 

25 under subsection (c), on or before the date that is
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1 60 days after the date of receipt of the plan or up2 date. If the Administrator does not approve or dis3 approve a State plan or update before that date, the 

4 State plan or update shall be deemed approved. 

5 (3) APPEALS AND RESUBMISSIONS.—The Ad6 ministrator shall establish procedures for appealing 

7 a decision to disapprove a plan under this section 

8 and for resubmission of modified plans following a 

9 disapproval. 

10 (c) UPDATED PLANS.—A Great Lakes State shall up11 date its State plan every 2 years and submit the updated 

12 plan to the Administrator for approval. 

13 (d) IMPLEMENTATION OF PLANS.—

14 (1) IN GENERAL.—Amounts apportioned to a 

15 Great Lakes State under section 7 shall be used by 

16 the State to carry out programs and activities de17 scribed in its State plan that address one or more 

18 of the following purposes: 

19 (A) Reduction and elimination of toxic 

20 sediments. 

21 (B) Elimination of invasive species. 

22 (C) Reduction of pollution from runoff and 

23 sewage overflows. 
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1 (D) Restoration and conservation of wet2 lands and critical habitat within the Great 

3 Lakes System. 

4 (E) Increasing public education on Great 

5 Lakes restoration issues. 

6 (2) PRIORITY.—In allocating amounts received 

7 in apportionments under section 7, a State shall give 

8 priority to programs and activities for the remedi9 ation of toxic sediments and slowing non-point 

10 source pollution. 

11 (3) LIMITATIONS.—

12 (A) EXPERIMENTAL PROGRAMS.—Not 

13 more than 5 percent of the amounts appor14 tioned to a State under section 7 in a fiscal 

15 year may be used for experimental programs, as 

16 determined by the Administrator. 

17 (B) PROHIBITED PROJECTS.—Amounts 

18 apportioned to a State under section 7 in a fis19 cal year may not be used for any of the fol20 lowing: 

21 (i) Road projects (other than projects 

22 required for sewer upgrades). 

23 (ii) Beautification projects (other than 

24 projects developed in conjunction with a 
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1 restoration project and consistent with 

2 Lakewide Management Plans). 

3 (iii) Projects to address violations of 

4 the Federal Water Pollution Control Act 

5 (33 U.S.C. 1251 et seq.), the Endangered 

6 Species Act of 1973 (16 U.S.C. 1531 et 

7 seq.), or any other environmental law or 

8 regulation. 

9 (e) OTHER FUNDING REQUIREMENTS.—In order to 

10 be eligible to receive an apportionment under section 7 for 

11 a fiscal year, a Great Lakes State shall provide assurances 

12 satisfactory to the Administrator that the State will com13 ply with the following terms and conditions: 

14 (1) The State will contribute from non-Federal 

15 sources 30 percent of the cost of carrying out pro16 grams and activities funded using amounts from the 

17 apportionments. Such contributions may include in18 kind contributions. 

19 (2) The State will maintain expenditures for 

20 Great Lakes management programs and activities at 

21 a level that does not fall below the average level of 

22 such expenditures for the preceding 2 fiscal years of 

23 the State. 

24 (3) The State will expend not more than 1 per25 cent of the amounts received by the State in appor-
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1 tionments in a fiscal year for the State’s administra2 tive expenses. 

3 (f) INELIGIBLE STATES.—If one or more of the Great 

4 Lakes States is not eligible to receive apportionments 

5 under section 7 for a fiscal year, the Administrator shall 

6 apportion amounts that would otherwise be apportioned 

7 to the State or States among the eligible Great Lakes 

8 States. 

9 SEC. 7. FUNDING. 

10 (a) APPORTIONMENT FORMULA.—Amounts made 

11 available to carry out this section for a fiscal year shall 

12 be apportioned by the Administrator of the Environmental 

13 Protection Agency on the first day of the fiscal year 

14 among the Great Lakes States eligible for an apportion15 ment as follows: 

16 (1) 30 percent of the amounts in the ratio 

17 that—

18 (A) the population of each Great Lakes 

19 State bears to 

20 (B) the population of all Great Lakes 

21 States. 

22 (2) 13.3 percent of the amounts in the ratio 

23 that—
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1 (A) the number of square miles of Great 

2 Lakes watershed in each Great Lakes State; 

3 bears to 

4 (B) the number of square miles of Great 

5 Lakes watershed in all Great Lakes States. 

6 (3) 13.3 percent of the amounts in the ratio 

7 that—

8 (A) the number of areas of concern in each 

9 Great Lakes State; bears to 

10 (B) the number of areas of concern in all 

11 Great Lakes States. 

12 (4) 13.3 percent of the amounts in the ratio 

13 that—

14 (A) the number of critical areas (as de15 fined by the Director of the United States Fish 

16 and Wildlife Service) in each Great Lakes 

17 State; bears to 

18 (B) the number of critical areas (as de19 fined by the Director of the United States Fish 

20 and Wildlife Service) in all Great Lakes States. 

21 (5) The remainder of the amounts in the ratio 

22 that—

23 (A) the number of households that in cal24 endar year 2000 received water from the Great 

25 Lakes in each Great Lakes State; bears to 
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1 (B) the number of households that in cal2 endar year 2000 received water from the Great 

3 Lakes in all Great Lakes States. 

4 (b) MAXIMUM AND MINIMUM APPORTIONMENTS.—

5 Notwithstanding subsection (a), a Great Lakes State that 

6 is eligible to receive an apportionment under this section 

7 for a fiscal year may not receive more than 30 percent, 

8 nor less than 6 percent, of the amounts apportioned for 

9 the fiscal year. 

10 (c) APPORTIONMENT DETERMINATIONS.—

11 (1) IN GENERAL.—Determinations made by the 

12 Administrator in making apportionments under sub13 section (a) shall be final. 

14 (2) WATER USE.—The Administrator shall re15 duce the amount that otherwise would be appor16 tioned to a Great Lakes State under subsection 

17 (a)(5) if the State allows water from the Great 

18 Lakes to be exported beyond its borders. The 

19 amount of the reduction shall be determined by the 

20 Administrator based on the amount of water ex21 ported. 

22 (d) DEDUCTIONS.—Whenever an apportionment is 

23 made of the amounts made available to carry out this sec24 tion, the Administrator shall deduct—
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1 (1) 2 percent of the amounts, to be allocated to 

2 the Great Lakes Advisory Board for administration, 

3 research, and public education, including awarding 

4 grants to museums and advertising expenses; 

5 (2) $300,000 of the amounts, to be allocated to 

6 the Administrator for administrative expenses in 

7 carrying out this section; 

8 (3) $15,000,000 of the amounts, to be allocated 

9 to the Administrator for strengthening enforcement 

10 activities under the Federal Water Pollution Control 

11 Act (33 U.S.C. 1251 et seq.) for the Great Lakes 

12 System; and 

13 (4) 2 percent of the amounts, to be allocated to 

14 the State of Illinois for a project to establish a per15 manent invasive species barrier between the Mis16 sissippi River and Lake Michigan until completion of 

17 the project or until the project has received suffi18 cient funding from other Federal sources. 

19 (e) AUTHORIZATION OF APPROPRIATIONS.—

20 (1) IN GENERAL.—There is authorized to be 

21 appropriated to carry out this section $800,000,000 

22 for each of fiscal years 2004 through 2008. Such 

23 sums shall remain available until expended. 

24 (2) GREAT LAKES NATIONAL PROGRAM OF25 FICE.—In addition to amounts authorized in other 
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1 Acts, there is authorized to be appropriated to the 

2 Great Lakes National Program Office of the Envi3 ronmental Protection Agency $5,000,000 for each of 

4 fiscal years 2004 through 2008. Such sums shall re5 main available until expended. 

6 SEC. 8. APPOINTMENT OF SPECIAL MASTERS FOR AREAS 

7 OF CONCERN. 

8 (a) APPOINTMENT.—Notwithstanding any other pro9 vision of law, the Administrator of the Environmental Pro10 tection Agency may appoint a special master to direct the 

11 remediation of an area of concern. 

12 (b) NOTICE.—The Administrator shall publish in the 

13 Federal Register notice of the appointment of a special 

14 master under subsection (a) at least 12 months before the 

15 date of the appointment. 

16 (c) POWERS.—Notwithstanding any other provision 

17 of law, the special master shall have the authority to direct 

18 the remediation of an area of concern, consistent with all 

19 applicable Federal, State, and local environmental laws. 

20 (d) CONSULTATION.—Following the publication of 

21 notice of the appointment of a special master under sub22 section (b), the Administrator shall facilitate the coordina23 tion of all appropriate Federal, State, and local authorities 

24 for remediation of the area of concern. 
28

•HR 2720 IH 

1 (e) FINAL APPOINTMENT.—Before final appointment 

2 of the special master, the Administrator shall reevaluate 

3 the need for the appointment.

Æ