§ 1268 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 340

1So in original.

§ 1268. Great Lakes

(a) Findings, purpose, and definitions

(1) Findings

The Congress finds that—

(A) the Great Lakes are a valuable national resource, continuously serving the

people of the United States and other nations as an important source of food, fresh

water, recreation, beauty, and enjoyment;

(B) the United States should seek to attain

the goals embodied in the Great Lakes

Water Quality Agreement of 1978, as amended by the Water Quality Agreement of 1987

and any other agreements and amendments,

with particular emphasis on goals related to

toxic pollutants; and

(C) the Environmental Protection Agency

should take the lead in the effort to meet

those goals, working with other Federal

agencies and State and local authorities.

(2) Purpose

It is the purpose of this section to achieve

the goals embodied in the Great Lakes Water

Quality Agreement of 1978, as amended by the

Water Quality Agreement of 1987 and any

other agreements and amendments, through

improved organization and definition of mission on the part of the Agency, funding of

State grants for pollution control in the Great

Lakes area, and improved accountability for

implementation of such agreement.

(3) Definitions

For purposes of this section, the term—

(A) ‘‘Agency’’ means the Environmental

Protection Agency;

(B) ‘‘Great Lakes’’ means Lake Ontario,

Lake Erie, Lake Huron (including Lake St.

Clair), Lake Michigan, and Lake Superior,

and the connecting channels (Saint Mary’s

River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to

the Canadian Border);

(C) ‘‘Great Lakes System’’ means all the

streams, rivers, lakes, and other bodies of

water within the drainage basin of the Great

Lakes;

(D) ‘‘Program Office’’ means the Great

Lakes National Program Office established

by this section;

(E) ‘‘Research Office’’ means the Great

Lakes Research Office established by subsection (d) of this section;

(F) ‘‘area of concern’’ means a geographic

area located within the Great Lakes, in

which beneficial uses are impaired and

which has been officially designated as such

under Annex 2 of the Great Lakes Water

Quality Agreement;

(G) ‘‘Great Lakes States’’ means the

States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and

Wisconsin;

(H) ‘‘Great Lakes Water Quality Agreement’’ means the bilateral agreement, between the United States and Canada which

was signed in 1978 and amended by the Protocol of 1987;

(I) ‘‘Lakewide Management Plan’’ means a

written document which embodies a systematic and comprehensive ecosystem approach

to restoring and protecting the beneficial

uses of the open waters of each of the Great

Lakes, in accordance with article VI and

Annex 2 of the Great Lakes Water Quality

Agreement;

(J) ‘‘Remedial Action Plan’’ means a written document which embodies a systematic

and comprehensive ecosystem approach to

restoring and protecting the beneficial uses

of areas of concern, in accordance with article VI and Annex 2 of the Great Lakes Water

Quality Agreement;

(K) ‘‘site characterization’’ means a process for monitoring and evaluating the nature

and extent of sediment contamination in accordance with the Environmental Protection

Agency’s guidance for the assessment of contaminated sediment in an area of concern located wholly or partially within the United

States; and

(L) ‘‘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 Lakes.

(b) Great Lakes National Program Office

The Great Lakes National Program Office

(previously established by the Administrator) is

hereby established within the Agency. The Program Office shall be headed by a Director who,

by reason of management experience and technical expertise relating to the Great Lakes, is

highly qualified to direct the development of

programs and plans on a variety of Great Lakes

issues. The Great Lakes National Program Office shall be located in a Great Lakes State.

(c) Great Lakes management

(1) Functions

The Program Office shall—

(A) in cooperation with appropriate Federal, State, tribal, and international agencies, and in accordance with section 1251(e)

of this title, develop and implement specific

action plans to carry out the responsibilities

of the United States under the Great Lakes

Water Quality Agreement of 1978, as amended by the Water Quality Agreement of 1987

and any other agreements and amendments,; 1

(B) establish a Great Lakes system-wide

surveillance network to monitor the water

quality of the Great Lakes, with specific emphasis on the monitoring of toxic pollutants;

(C) serve as the liaison with, and provide

information to, the Canadian members of

the International Joint Commission and the

Canadian counterpart to the Agency;

(D) coordinate actions of the Agency (including actions by headquarters and regional offices thereof) aimed at improving

Great Lakes water quality; and

(E) coordinate actions of the Agency with

the actions of other Federal agencies and

State and local authorities, so as to ensure

the input of those agencies and authorities

in developing water quality strategies and
Page 341 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1268

obtain the support of those agencies and authorities in achieving the objectives of such

agreement.

(2) Great Lakes water quality guidance

(A) By June 30, 1991, the Administrator,

after consultation with the Program Office,

shall publish in the Federal Register for public

notice and comment proposed water quality

guidance for the Great Lakes System. Such

guidance shall conform with the objectives

and provisions of the Great Lakes Water Quality Agreement, shall be no less restrictive

than the provisions of this chapter and national water quality criteria and guidance,

shall specify numerical limits on pollutants in

ambient Great Lakes waters to protect human

health, aquatic life, and wildlife, and shall

provide guidance to the Great Lakes States on

minimum water quality standards, antidegradation policies, and implementation procedures for the Great Lakes System.

(B) By June 30, 1992, the Administrator, in

consultation with the Program Office, shall

publish in the Federal Register, pursuant to

this section and the Administrator’s authority

under this chapter, final water quality guidance for the Great Lakes System.

(C) Within two years after such Great Lakes

guidance is published, the Great Lakes States

shall adopt water quality standards, antidegradation policies, and implementation procedures for waters within the Great Lakes

System which are consistent with such guidance. If a Great Lakes State fails to adopt

such standards, policies, and procedures, the

Administrator shall promulgate them not

later than the end of such two-year period.

When reviewing any Great Lakes State’s

water quality plan, the agency shall consider

the extent to which the State has complied

with the Great Lakes guidance issued pursuant to this section.

(3) Remedial Action Plans

(A) For each area of concern for which the

United States has agreed to draft a Remedial

Action Plan, the Program Office shall ensure

that the Great Lakes State in which such area

of concern is located—

(i) submits a Remedial Action Plan to the

Program Office by June 30, 1991;

(ii) submits such Remedial Action Plan to

the International Joint Commission by January 1, 1992; and

(iii) includes such Remedial Action Plans

within the State’s water quality plan by

January 1, 1993.

(B) For each area of concern for which Canada has agreed to draft a Remedial Action

Plan, the Program Office shall, pursuant to

subparagraph (c)(1)(C) of this section, work

with Canada to assure the submission of such

Remedial Action Plans to the International

Joint Commission by June 30, 1991, and to finalize such Remedial Action Plans by January

1, 1993.

(C) For any area of concern designated as

such subsequent to November 16, 1990, the Program Office shall (i) if the United States has

agreed to draft the Remedial Action Plan, ensure that the Great Lakes State in which such

area of concern is located submits such Plan

to the Program Office within two years of the

area’s designation, submits it to the International Joint Commission no later than six

months after submitting it to the Program Office, and includes such Plan in the State’s

water quality plan no later than one year after

submitting it to the Commission; and (ii) if

Canada has agreed to draft the Remedial Action Plan, work with Canada, pursuant to subparagraph (c)(1)(C) of this section, to ensure

the submission of such Plan to the International Joint Commission within two years

of the area’s designation and the finalization

of such Plan no later than eighteen months

after submitting it to such Commission.

(D) The Program Office shall compile formal

comments on individual Remedial Action

Plans made by the International Joint Commission pursuant to section 4(d) of Annex 2 of

the Great Lakes Water Quality Agreement

and, upon request by a member of the public,

shall make such comments available for inspection and copying. The Program Office

shall also make available, upon request, formal comments made by the Environmental

Protection Agency on individual Remedial Action Plans.

(E) REPORT.—Not later than 1 year after November 27, 2002, the Administrator shall submit to Congress a report on such actions, time

periods, and resources as are necessary to fulfill the duties of the Agency relating to oversight of Remedial Action Plans under—

(i) this paragraph; and

(ii) the Great Lakes Water Quality Agreement.

(4) Lakewide Management Plans

The Administrator, in consultation with the

Program Office shall—

(A) by January 1, 1992, publish in the Federal Register a proposed Lakewide Management Plan for Lake Michigan and solicit

public comments;

(B) by January 1, 1993, submit a proposed

Lakewide Management Plan for Lake Michigan to the International Joint Commission

for review; and

(C) by January 1, 1994, publish in the Federal Register a final Lakewide Management

Plan for Lake Michigan and begin implementation.

Nothing in this subparagraph shall preclude

the simultaneous development of Lakewide

Management Plans for the other Great Lakes.

(5) Spills of oil and hazardous materials

The Program Office, in consultation with

the Coast Guard, shall identify areas within

the Great Lakes which are likely to experience numerous or voluminous spills of oil or

other hazardous materials from land based facilities, vessels, or other sources and, in consultation with the Great Lakes States, shall

identify weaknesses in Federal and State programs and systems to prevent and respond to

such spills. This information shall be included

on at least a biennial basis in the report required by this section.
§ 1268 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 342

(6) 5-year plan and program

The Program Office shall develop, in consultation with the States, a five-year plan and

program for reducing the amount of nutrients

introduced into the Great Lakes. Such program shall incorporate any management program for reducing nutrient runoff from

nonpoint sources established under section

1329 of this title and shall include a program

for monitoring nutrient runoff into, and ambient levels in, the Great Lakes.

(7) 5-year study and demonstration projects

(A) The Program Office shall carry out a

five-year study and demonstration projects relating to the control and removal of toxic pollutants in the Great Lakes, with emphasis on

the removal of toxic pollutants from bottom

sediments. In selecting locations for conducting demonstration projects under this paragraph, priority consideration shall be given to

projects at the following locations: Saginaw

Bay, Michigan; Sheboygan Harbor, Wisconsin;

Grand Calumet River, Indiana; Ashtabula

River, Ohio; and Buffalo River, New York.

(B) The Program Office shall—

(i) by December 31, 1990, complete chemical, physical, and biological assessments of

the contaminated sediments at the locations

selected for the study and demonstration

projects;

(ii) by December 31, 1990, announce the

technologies that will be demonstrated at

each location and the numerical standard of

protection intended to be achieved at each

location;

(iii) by December 31, 1992, complete full or

pilot scale demonstration projects on site at

each location of promising technologies to

remedy contaminated sediments; and

(iv) by December 31, 1993, issue a final report to Congress on its findings.

(C) The Administrator, after providing for

public review and comment, shall publish information concerning the public health and

environmental consequences of contaminants

in Great Lakes sediment. Information published pursuant to this subparagraph shall include specific numerical limits to protect

health, aquatic life, and wildlife from the bioaccumulation of toxins. The Administrator

shall, at a minimum, publish information pursuant to this subparagraph within 2 years of

November 16, 1990.

(8) Administrator’s responsibility

The Administrator shall ensure that the

Program Office enters into agreements with

the various organizational elements of the

Agency involved in Great Lakes activities and

the appropriate State agencies specifically delineating—

(A) the duties and responsibilities of each

such element in the Agency with respect to

the Great Lakes;

(B) the time periods for carrying out such

duties and responsibilities; and

(C) the resources to be committed to such

duties and responsibilities.

(9) Budget item

The Administrator shall, in the Agency’s annual budget submission to Congress, include a

funding request for the Program Office as a

separate budget line item.

(10) Comprehensive report

Within 90 days after the end of each fiscal

year, the Administrator shall submit to Congress a comprehensive report which—

(A) describes the achievements in the preceding fiscal year in implementing the Great

Lakes Water Quality Agreement of 1978, as

amended by the Water Quality Agreement of

1987 and any other agreements and amendments, and shows by categories (including

judicial enforcement, research, State cooperative efforts, and general administration)

the amounts expended on Great Lakes water

quality initiatives in such preceding fiscal

year;

(B) describes the progress made in such

preceding 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 particular reference to toxic pollutants;

(C) describes the long-term prospects for

improving the condition of the Great Lakes;

and

(D) provides a comprehensive assessment

of the planned efforts to be pursued in the

succeeding fiscal year for implementing the

Great Lakes Water Quality Agreement of

1978, as amended by the Water Quality

Agreement of 1987 and any other agreements

and amendments,,1 which assessment shall—

(i) show by categories (including judicial

enforcement, research, State cooperative

efforts, and general administration) the

amount anticipated to be expended on

Great Lakes water quality initiatives in

the fiscal year to which the assessment relates; and

(ii) include a report of current programs

administered by other Federal agencies

which make available resources to the

Great Lakes water quality management

efforts.

(11) Confined disposal facilities

(A) The Administrator, in consultation with

the Assistant Secretary of the Army for Civil

Works, shall develop and implement, within

one year of November 16, 1990, management

plans for every Great Lakes confined disposal

facility.

(B) The plan shall provide for monitoring of

such facilities, including—

(i) water quality at the site and in the area

of the site;

(ii) sediment quality at the site and in the

area of the site;

(iii) the diversity, productivity, and stability of aquatic organisms at the site and in

the area of the site; and

(iv) such other conditions as the Administrator deems appropriate.

(C) The plan shall identify the anticipated

use and management of the site over the following twenty-year period including the expected termination of dumping at the site, the

anticipated need for site management, includ-
Page 343 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1268

ing pollution control, following the termination of the use of the site.

(D) The plan shall identify a schedule for review and revision of the plan which shall not

be less frequent than five years after adoption

of the plan and every five years thereafter.

(12) Remediation of sediment contamination in

areas of concern

(A) In general

In accordance with this paragraph, the Administrator, acting through the Program Office, may carry out projects that meet the

requirements of subparagraph (B).

(B) Eligible projects

A project meets the requirements of this

subparagraph if the project is to be carried

out in an area of concern located wholly or

partially in the United States and the

project—

(i) monitors or evaluates contaminated

sediment;

(ii) subject to subparagraph (D), implements a plan to remediate contaminated

sediment, including activities to restore

aquatic habitat that are carried out in

conjunction with a project for the remediation of contaminated sediment; or

(iii) prevents further or renewed contamination of sediment.

(C) Priority

In selecting projects to carry out under

this paragraph, the Administrator shall give

priority to a project that—

(i) constitutes remedial action for contaminated sediment;

(ii)(I) has been identified in a Remedial

Action Plan submitted under paragraph

(3); and

(II) is ready to be implemented;

(iii) will use an innovative approach,

technology, or technique that may provide

greater environmental benefits, or equivalent environmental benefits at a reduced

cost; or

(iv) includes remediation to be commenced not later than 1 year after the date

of receipt of funds for the project.

(D) Limitations

The Administrator may not carry out a

project under this paragraph for remediation

of contaminated sediments located in an

area of concern—

(i) if an evaluation of remedial alternatives for the area of concern has not

been conducted, including a review of the

short-term and long-term effects of the alternatives on human health and the environment;

(ii) if the Administrator determines that

the area of concern is likely to suffer significant further or renewed contamination

from existing sources of pollutants causing

sediment contamination following completion of the project;

(iii) unless each non-Federal sponsor for

the project has entered into a written

project agreement with the Administrator

under which the party agrees to carry out

its responsibilities and requirements for

the project; or

(iv) unless the Administrator provides

assurance that the Agency has conducted a

reasonable inquiry to identify potentially

responsible parties connected with the

site.

(E) Non-Federal share

(i) In general

The non-Federal share of the cost of a

project carried out under this paragraph

shall be at least 35 percent.

(ii) In-kind contributions

(I) In general

The non-Federal share of the cost of a

project carried out under this paragraph

may include the value of an in-kind contribution provided by a non-Federal

sponsor.

(II) Credit

A project agreement described in subparagraph (D)(iii) may provide, with respect to a project, that the Administrator shall credit toward the non-Federal share of the cost of the project the

value of an in-kind contribution made by

the non-Federal sponsor, if the Administrator determines that the material or

service provided as the in-kind contribution is integral to the project.

(III) Work performed before project

agreement

In any case in which a non-Federal

sponsor is to receive credit under subclause (II) for the cost of work carried

out by the non-Federal sponsor and such

work has not been carried out by the

non-Federal sponsor as of October 8, 2008,

the Administrator and the non-Federal

sponsor shall enter into an agreement

under which the non-Federal sponsor

shall carry out such work, and only work

carried out following the execution of

the agreement shall be eligible for credit.

(IV) Limitation

Credit authorized under this clause for

a project carried out under this paragraph—

(aa) shall not exceed the non-Federal

share of the cost of the project; and

(bb) shall not exceed the actual and

reasonable costs of the materials and

services provided by the non-Federal

sponsor, as determined by the Administrator.

(V) Inclusion of certain contributions

In this subparagraph, the term ‘‘inkind contribution’’ may include the

costs of planning (including data collection), design, construction, and materials that are provided by the non-Federal sponsor for implementation of a

project under this paragraph.

(iii) Treatment of credit between projects

Any credit provided under this subparagraph towards the non-Federal share of the
§ 1268 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 344

2So in original. Probably should be capitalized.

cost of a project carried out under this

paragraph may be applied towards the nonFederal share of the cost of any other

project carried out under this paragraph

by the same non-Federal sponsor for a site

within the same area of concern.

(iv) Non-Federal share

The non-Federal share of the cost of a

project carried out under this paragraph—

(I) may include monies paid pursuant

to, or the value of any in-kind contribution performed under, an administrative

order on consent or judicial consent decree; but

(II) may not include any funds paid

pursuant to, or the value of any in-kind

contribution performed under, a unilateral administrative order or court order.

(v) Operation and maintenance

The non-Federal share of the cost of the

operation and maintenance of a project

carried out under this paragraph shall be

100 percent.

(F) Site characterization

(i) In general

The Administrator, in consultation with

any affected State or unit of local government, shall carry out at Federal expense

the site characterization of a project under

this paragraph for the remediation of contaminated sediment.

(ii) Limitation

For purposes of clause (i), the Administrator may carry out one site assessment

per discrete site within a project at Federal expense.

(G) Coordination

In carrying out projects under this paragraph, the Administrator shall coordinate

with the Secretary of the Army, and with

the Governors of States in which the

projects are located, to ensure that Federal

and State assistance for remediation in

areas of concern is used as efficiently as

practicable.

(H) Authorization of appropriations

(i) In general

In addition to other amounts authorized

under this section, there is authorized to

be appropriated to carry out this paragraph $50,000,000 for each of fiscal years

2004 through 2010.

(ii) Availability

Funds made available under clause (i)

shall remain available until expended.

(iii) Allocation of funds

Not more than 20 percent of the funds

appropriated pursuant to clause (i) for a

fiscal year may be used to carry out subparagraph (F).

(13) Public information program

(A) In general

The Administrator, acting through the

Program Office and in coordination with

States, Indian tribes, local governments, and

other entities, may carry out a public information program to provide information relating to the remediation of contaminated

sediment to the public in areas of concern

that are located wholly or partially in the

United States.

(B) Authorization of appropriations

There is authorized to be appropriated to

carry out this paragraph $1,000,000 for each

of fiscal years 2004 through 2010.

(d) Great Lakes research

(1) Establishment of Research Office

There is established within the National

Oceanic and Atmospheric Administration the

Great Lakes Research Office.

(2) Identification of issues

The Research Office shall identify issues relating to the Great Lakes resources on which

research is needed. The Research Office shall

submit a report to Congress on such issues before the end of each fiscal year which shall

identify any changes in the Great Lakes system2 with respect to such issues.

(3) Inventory

The Research Office shall identify and inventory Federal, State, university, and tribal environmental research programs (and, to the

extent feasible, those of private organizations

and other nations) relating to the Great Lakes

system,2 and shall update that inventory every

four years.

(4) Research exchange

The Research Office shall establish a Great

Lakes research exchange for the purpose of facilitating the rapid identification, acquisition,

retrieval, dissemination, and use of information concerning research projects which are

ongoing or completed and which affect the

Great Lakes System.

(5) Research program

The Research Office shall develop, in cooperation with the Coordination Office, a comprehensive environmental research program

and data base for the Great Lakes system.2

The data base shall include, but not be limited

to, data relating to water quality, fisheries,

and biota.

(6) Monitoring

The Research Office shall conduct, through

the Great Lakes Environmental Research Laboratory, the National Sea Grant College program, other Federal laboratories, and the private sector, appropriate research and monitoring activities which address priority issues

and current needs relating to the Great Lakes.

(7) Location

The Research Office shall be located in a

Great Lakes State.

(e) Research and management coordination

(1) Joint plan

Before October 1 of each year, the Program

Office and the Research Office shall prepare a
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3So in original.

joint research plan for the fiscal year which

begins in the following calendar year.

(2) Contents of plan

Each plan prepared under paragraph (1)

shall—

(A) identify all proposed research dedicated to activities conducted under the

Great Lakes Water Quality Agreement of

1978, as amended by the Water Quality

Agreement of 1987 and any other agreements

and amendments,; 3

(B) include the Agency’s assessment of priorities for research needed to fulfill the

terms of such Agreement; and

(C) identify all proposed research that may

be used to develop a comprehensive environmental data base for the Great Lakes System and establish priorities for development

of such data base.

(3) Health research report

(A) Not later than September 30, 1994, the

Program Office, in consultation with the Research Office, the Agency for Toxic Substances

and Disease Registry, and Great Lakes States

shall submit to the Congress a report assessing

the adverse effects of water pollutants in the

Great Lakes System on the health of persons

in Great Lakes States and the health of fish,

shellfish, and wildlife in the Great Lakes System. In conducting research in support of this

report, the Administrator may, where appropriate, provide for research to be conducted

under cooperative agreements with Great

Lakes States.

(B) There is authorized to be appropriated to

the Administrator to carry out this section

not to exceed $3,000,000 for each of fiscal years

1992, 1993, and 1994.

(f) Interagency cooperation

The head of each department, agency, or other

instrumentality of the Federal Government

which is engaged in, is concerned with, or has

authority over programs relating to research,

monitoring, and planning to maintain, enhance,

preserve, or rehabilitate the environmental

quality and natural resources of the Great

Lakes, including the Chief of Engineers of the

Army, the Chief of the Soil Conservation Service, the Commandant of the Coast Guard, the

Director of the Fish and Wildlife Service, and

the Administrator of the National Oceanic and

Atmospheric Administration, shall submit an

annual report to the Administrator with respect

to the activities of that agency or office affecting compliance with the Great Lakes Water

Quality Agreement of 1978, as amended by the

Water Quality Agreement of 1987 and any other

agreements and amendments,.3

(g) Relationship to existing Federal and State

laws and international treaties

Nothing in this section shall be construed—

(1) to affect the jurisdiction, powers, or prerogatives of any department, agency, or officer of the Federal Government or of any State

government, or of any tribe, nor any powers,

jurisdiction, or prerogatives of any international body created by treaty with authority relating to the Great Lakes; or

(2) to affect any other Federal or State authority that is being used or may be used to

facilitate the cleanup and protection of the

Great Lakes.

(h) Authorizations of Great Lakes appropriations

There are authorized to be appropriated to the

Administrator to carry out this section not to

exceed—

(1) $11,000,000 per fiscal year for the fiscal

years 1987, 1988, 1989, and 1990, and $25,000,000

for fiscal year 1991;

(2) such sums as are necessary for each of fiscal years 1992 through 2003; and

(3) $25,000,000 for each of fiscal years 2004

through 2008.

(June 30, 1948, ch. 758, title I, §118, as added Pub.

L. 100–4, title I, §104, Feb. 4, 1987, 101 Stat. 11;

amended Pub. L. 100–688, title I, §1008, Nov. 18,

1988, 102 Stat. 4151; Pub. L. 101–596, title I,

§§101–106, Nov. 16, 1990, 104 Stat. 3000–3004; Pub.

L. 107–303, title I, §§102–105, Nov. 27, 2002, 116

Stat. 2355–2358; Pub. L. 110–365, §§2, 3, Oct. 8,

2008, 122 Stat. 4021.)

CODIFICATION

November 16, 1990, referred to in subsec. (c)(3)(C),

(7)(C), was in the original ‘‘the enactment of this Act’’,

and ‘‘the date of the enactment of this title’’ which

were translated as meaning the date of enactment of

Pub. L. 101–596, title I of which enacted subsec. (c)(3),

(7)(C), to reflect the probable intent of Congress.

AMENDMENTS

2008—Subsec. (a)(3)(K), (L). Pub. L. 110–365, §2, added

subpars. (K) and (L).

Subsec. (c)(12)(B)(ii). Pub. L. 110–365, §3(a), substituted ‘‘sediment, including activities to restore

aquatic habitat that are carried out in conjunction

with a project for the remediation of contaminated

sediment’’ for ‘‘sediment’’.

Subsec. (c)(12)(D). Pub. L. 110–365, §3(b)(1), substituted

‘‘Limitations’’ for ‘‘Limitation’’ in heading.

Subsec. (c)(12)(D)(iii), (iv). Pub. L. 110–365, §3(b)(2)–(4),

added cls. (iii) and (iv).

Subsec. (c)(12)(E)(ii). Pub. L. 110–365, §3(c), amended

cl. (ii) generally. Prior to amendment, text read as follows: ‘‘The non-Federal share of the cost of a project

carried out under this paragraph may include the value

of in-kind services contributed by a non-Federal sponsor.’’

Subsec. (c)(12)(E)(iii). Pub. L. 110–365, §3(d)(2), added

cl. (iii). Former cl. (iii) redesignated (iv).

Subsec. (c)(12)(E)(iv). Pub. L. 110–365, §3(d)(1), (3), redesignated cl. (iii) as (iv) and substituted ‘‘contribution’’ for ‘‘service’’ in two places. Former cl. (iv) redesignated (v).

Subsec. (c)(12)(E)(v). Pub. L. 110–365, §3(d)(1), redesignated cl. (iv) as (v).

Subsec. (c)(12)(F). Pub. L. 110–365, §3(e), amended subpar. (F) generally. Prior to amendment, text read as

follows: ‘‘The Administrator may not carry out a

project under this paragraph unless the non-Federal

sponsor enters into such agreements with the Administrator as the Administrator may require to ensure that

the non-Federal sponsor will maintain its aggregate expenditures from all other sources for remediation programs in the area of concern in which the project is located at or above the average level of such expenditures in the 2 fiscal years preceding the date on which

the project is initiated.’’

Subsec. (c)(12)(H)(i). Pub. L. 110–365, §3(f)(1), added cl.

(i) and struck out former cl. (i). Prior to amendment,

text read as follows: ‘‘In addition to other amounts au-
§ 1268 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 346

thorized under this section, there is authorized to be

appropriated to carry out this paragraph $50,000,000 for

each of fiscal years 2004 through 2008.’’

Subsec. (c)(12)(H)(iii). Pub. L. 110–365, §3(f)(2), added

cl. (iii).

Subsec. (c)(13)(B). Pub. L. 110–365, §3(g), substituted

‘‘2010’’ for ‘‘2008’’.

2002—Subsec. (c)(3)(E). Pub. L. 107–303, §102, added

subpar. (E).

Subsec. (c)(12), (13). Pub. L. 107–303, §103, added pars.

(12) and (13).

Subsec. (g). Pub. L. 107–303, §104, substituted ‘‘construed—’’ for ‘‘construed to affect’’, inserted ‘‘(1) to affect’’ before ‘‘the jurisdiction’’, substituted ‘‘Lakes; or’’

for ‘‘Lakes.’’, and added par. (2).

Subsec. (h). Pub. L. 107–303, §105, substituted ‘‘not to

exceed—’’ for ‘‘not to exceed $11,000,000’’, inserted ‘‘(1)

$11,000,000’’ before ‘‘per fiscal year for’’, substituted

‘‘1991;’’ for ‘‘1991.’’, added pars. (2) and (3), and struck

out former last sentence which read as follows: ‘‘Of the

amounts appropriated each fiscal year—

‘‘(1) 40 percent shall be used by the Great Lakes National Program Office on demonstration projects on

the feasibility of controlling and removing toxic pollutants;

‘‘(2) 7 percent shall be used by the Great Lakes National Program Office for the program of nutrient

monitoring; and

‘‘(3) 30 percent or $3,300,000, whichever is the lesser,

shall be transferred to the National Oceanic and Atmospheric Administration for use by the Great Lakes

Research Office.’’

1990—Subsec. (a)(3)(F) to (J). Pub. L. 101–596, §103,

added subpars. (F) to (J).

Subsec. (c)(2) to (11). Pub. L. 101–596, §§101, 102, 104,

added pars. (2) to (5) after par. (1) and renumbered existing paragraphs accordingly, which was executed by

renumbering pars. (2) to (6) as (6) to (10), respectively,

redesignated existing provisions of par. (7) as subpar.

(A) and added subpars. (B) and (C), and added par. (11).

Subsec. (e)(3). Pub. L. 101–596, §106, added par. (3).

Subsec. (h). Pub. L. 101–596, §105, substituted ‘‘and

1990, and $25,000,000 for fiscal year 1991’’ for ‘‘1990, and

1991’’ in introductory provisions and inserted ‘‘or

$3,300,000, whichever is the lesser,’’ after ‘‘30 percent’’ in

par. (3).

1988—Subsecs. (a)(1)(B), (2), (c)(1)(A), (6)(A), (D),

(e)(2)(A), (f). Pub. L. 100–688 inserted ‘‘, as amended by

the Water Quality Agreement of 1987 and any other

agreements and amendments,’’ after ‘‘the Great Lakes

Water Quality Agreement of 1978’’.

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and

assets of the Coast Guard, including the authorities

and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,

and for treatment of related references, see sections

468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

FUNDS CONTRIBUTED BY A NON-FEDERAL SPONSOR

Pub. L. 108–447, div. I, title III, Dec. 8, 2004, 118 Stat.

3332, provided in part that: ‘‘The Administrator [of the

Environmental Protection Agency] may hereafter receive and use funds contributed by a non-Federal sponsor as its share of the cost of a project to carry out a

project under paragraph (c)(12) of section 118 of the

Federal Water Pollution Control Act [33 U.S.C.

1268(c)(12)], as amended.’’

GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT

REMEDIATION

Pub. L. 101–640, title IV, §401, Nov. 28, 1990, 104 Stat.

4644, as amended by Pub. L. 104–303, title V, §515, Oct.

12, 1996, 110 Stat. 3763; Pub. L. 106–53, title V, §505, Aug.

17, 1999, 113 Stat. 338; Pub. L. 106–541, title III, §344, Dec.

11, 2000, 114 Stat. 2613; Pub. L. 110–114, title V, §5012,

Nov. 8, 2007, 121 Stat. 1195, provided that:

‘‘(a) GREAT LAKES REMEDIAL ACTION PLANS.—

‘‘(1) IN GENERAL.—The Secretary may provide technical, planning, and engineering assistance to State

and local governments and nongovernmental entities

designated by a State or local government in the development and implementation of remedial action

plans for Areas of Concern in the Great Lakes identified under the Great Lakes Water Quality Agreement

of 1978.

‘‘(2) NON-FEDERAL SHARE.—

‘‘(A) IN GENERAL.—Non-Federal interests shall

contribute, in cash or by providing in-kind contributions, 35 percent of costs of activities for

which assistance is provided under paragraph (1).

‘‘(B) CONTRIBUTIONS BY ENTITIES.—Nonprofit public or private entities may contribute all or a portion of the non-Federal share.

‘‘(b) SEDIMENT REMEDIATION PROJECTS.—

‘‘(1) IN GENERAL.—The Secretary, in consultation

with the Administrator of the Environmental Protection Agency (acting through the Great Lakes National Program Office), may conduct pilot- and fullscale projects of promising technologies to remediate

contaminated sediments in freshwater coastal regions in the Great Lakes basin. The Secretary shall

conduct not fewer than 3 full-scale projects under

this subsection.

‘‘(2) SITE SELECTION FOR PROJECTS.—In selecting the

sites for the technology projects, the Secretary shall

give priority consideration to Saginaw Bay, Michigan, Sheboygan Harbor, Wisconsin, Grand Calumet

River, Indiana, Ashtabula River, Ohio, Buffalo River,

New York, and Duluth-Superior Harbor, Minnesota

and Wisconsin.

‘‘(3) NON-FEDERAL SHARE.—Non-Federal interests

shall contribute 35 percent of costs of projects under

this subsection. Such costs may be paid in cash or by

providing in-kind contributions.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry

out this section $10,000,000 for each of fiscal years 2001

through 2012.’’

EX. ORD. NO. 13340. ESTABLISHMENT OF GREAT LAKES

INTERAGENCY TASK FORCE AND PROMOTION OF A REGIONAL COLLABORATION OF NATIONAL SIGNIFICANCE FOR

THE GREAT LAKES

Ex. Ord. No. 13340, May 18, 2004, 69 F.R. 29043, provided:

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, and to help establish a regional collaboration

of national significance for the Great Lakes, it is hereby ordered as follows:

SECTION 1. Policy. The Great Lakes are a national

treasure constituting the largest freshwater system in

the world. The United States and Canada have made

great progress addressing past and current environmental impacts to the Great Lakes ecology. The Federal Government is committed to making progress on

the many significant challenges that remain. Along

with numerous State, tribal, and local programs, over

140 Federal programs help fund and implement environmental restoration and management activities

throughout the Great Lakes system. A number of intergovernmental bodies are providing leadership in the region to address environmental and resource management issues in the Great Lakes system. These activities would benefit substantially from more systematic

collaboration and better integration of effort. It is the

policy of the Federal Government to support local and

regional efforts to address environmental challenges

and to encourage local citizen and community stewardship. To this end, the Federal Government will partner

with the Great Lakes States, tribal and local governments, communities, and other interests to establish a

regional collaboration to address nationally significant

environmental and natural resource issues involving
Page 347 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1269

the Great Lakes. It is the further policy of the Federal

Government that its executive departments and agencies will ensure that their programs are funding effective, coordinated, and environmentally sound activities

in the Great Lakes system.

SEC. 2. Definitions. For purposes of this order:

(a) ‘‘Great Lakes’’ means Lake Ontario, Lake Erie,

Lake Huron (including Lake Saint Clair), Lake Michigan, and Lake Superior, and the connecting channels

(Saint Marys River, Saint Clair River, Detroit River,

Niagara River, and Saint Lawrence River to the Canadian Border).

(b) ‘‘Great Lakes system’’ means all the streams, rivers, lakes, and other bodies of water within the drainage basin of the Great Lakes.

SEC. 3. Great Lakes Interagency Task Force.

(a) Task Force Purpose. To further the policy described in section 1 of this order, there is established,

within the Environmental Protection Agency for administrative purposes, the ‘‘Great Lakes Interagency

Task Force’’ (Task Force) to:

(i) Help convene and establish a process for collaboration among the members of the Task Force and the

members of the Working Group that is established in

paragraph b(ii) of this section, with the Great Lakes

States, local communities, tribes, regional bodies,

and other interests in the Great Lakes region regarding policies, strategies, plans, programs, projects, activities, and priorities for the Great Lakes system.

(ii) Collaborate with Canada and its provinces and

with bi-national bodies involved in the Great Lakes

region regarding policies, strategies, projects, and

priorities for the Great Lakes system.

(iii) Coordinate the development of consistent Federal policies, strategies, projects, and priorities for

addressing the restoration and protection of the

Great Lakes system and assisting in the appropriate

management of the Great Lakes system.

(iv) Develop outcome-based goals for the Great

Lakes system relying upon, among other things, existing data and science-based indicators of water

quality and related environmental factors. These

goals shall focus on outcomes such as cleaner water,

sustainable fisheries, and biodiversity of the Great

Lakes system and ensure that Federal policies, strategies, projects, and priorities support measurable results.

(v) Exchange information regarding policies, strategies, projects, and activities of the agencies represented on the Task Force related to the Great

Lakes system.

(vi) Work to coordinate government action associated with the Great Lakes system.

(vii) Ensure coordinated Federal scientific and

other research associated with the Great Lakes system.

(viii) Ensure coordinated government development

and implementation of the Great Lakes portion of

the Global Earth Observation System of Systems.

(ix) Provide assistance and support to agencies represented on the Task Force in their activities related

to the Great Lakes system.

(x) Submit a report to the President by May 31,

2005, and thereafter as appropriate, that summarizes

the activities of the Task Force and provides any recommendations that would, in the judgment of the

Task Force, advance the policy set forth in section 1

of this order.

(b) Membership and Operation.

(i) The Task Force shall consist exclusively of the

following officers of the United States: the Administrator of the Environmental Protection Agency (who

shall chair the Task Force), the Secretary of State,

the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of

Housing and Urban Development, the Secretary of

Transportation, the Secretary of Homeland Security,

the Secretary of the Army, and the Chairman of the

Council on Environmental Quality. A member of the

Task Force may designate, to perform the Task

Force functions of the member, any person who is

part of the member’s department, agency, or office

and who is either an officer of the United States appointed by the President or a full-time employee

serving in a position with pay equal to or greater

than the minimum rate payable for GS–15 of the General Schedule. The Task Force shall report to the

President through the Chairman of the Council on

Environmental Quality.

(ii) The Task Force shall establish a ‘‘Great Lakes

Regional Working Group’’ (Working Group) composed

of the appropriate regional administrator or director

with programmatic responsibility for the Great

Lakes system for each agency represented on the

Task Force including: the Great Lakes National Program Office of the Environmental Protection Agency;

the United States Fish and Wildlife Service, National

Park Service, and United States Geological Survey

within the Department of the Interior; the Natural

Resources Conservation Service and the Forest Service of the Department of Agriculture; the National

Oceanic and Atmospheric Administration of the Department of Commerce; the Department of Housing

and Urban Development; the Department of Transportation; the Coast Guard within the Department of

Homeland Security; and the Army Corps of Engineers

within the Department of the Army. The Working

Group will coordinate and make recommendations on

how to implement the policies, strategies, projects,

and priorities of the Task Force.

(c) Management Principles for Regional Collaboration of National Significance. To further the policy described in section 1, the Task Force shall recognize and

apply key principles and foster conditions to ensure

successful collaboration. To that end, the Environmental Protection Agency will coordinate the development of a set of principles of successful collaboration.

SEC. 4. Great Lakes National Program Office. The Great

Lakes National Program Office of the Environmental

Protection Agency shall assist the Task Force and the

Working Group in the performance of their functions.

The Great Lakes National Program Manager shall

serve as chair of the Working Group.

SEC. 5. Preservation of Authority. Nothing in this order

shall be construed to impair or otherwise affect the

functions of the Director of the Office of Management

and Budget relating to budget, administrative, regulatory, and legislative proposals. Nothing in this order

shall be construed to affect the statutory authority or

obligations of any Federal agency or any bi-national

agreement with Canada.

SEC. 6. Judicial Review. This order is intended only to

improve the internal management of the Federal Government and is not intended to, and does not, create

any right, benefit, or trust responsibility, substantive

or procedural, enforceable at law or in equity by a

party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person.

GEORGE W. BUSH.

§ 1269. Long Island Sound

(a) Office of Management Conference of the Long

Island Sound Study

The Administrator shall continue the Management Conference of the Long Island Sound

Study (hereinafter referred to as the ‘‘Conference’’) as established pursuant to section 1330

of this title, and shall establish an office (hereinafter referred to as the ‘‘Office’’) to be located

on or near Long Island Sound.

(b) Administration and staffing of Office

The Office shall be headed by a Director, who

shall be detailed by the Administrator, following consultation with the Administrators of

EPA regions I and II, from among the employees