II 

112TH CONGRESS 

2D SESSION S. 3588 

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

the Great Lakes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 20, 2012 

Mr. LEVIN (for himself, Mr. KIRK, Ms. STABENOW, Mr. DURBIN, Mr. CASEY, 

Mr. SCHUMER, Mr. BROWN of Ohio, and Mrs. GILLIBRAND) introduced 

the following bill; 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 Lakes. 

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 Eco5 system Protection Act of 2012’’. 

6 SEC. 2. GREAT LAKES PROVISION MODIFICATIONS. 

7 (a) FINDINGS; PURPOSE.—Section 118(a) of the 

8 Federal Water Pollution Control Act (33 U.S.C. 1268(a)) 

9 is amended— 


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1 (1) in paragraph (1)— 

2 (A) by striking subparagraph (B) and in3 serting the following: 

4 ‘‘(B) the United States should seek to at5 tain the goals embodied in the Great Lakes 

6 Restoration Initiative Action Plan, the Great 

7 Lakes Regional Collaboration Strategy, and the 

8 Great Lakes Water Quality Agreement of 1978 

9 (including subsequent amendments); and’’; and 

10 (B) in subparagraph (C), by inserting ‘‘, 

11 tribal,’’ after ‘‘State’’; 

12 (2) by striking paragraph (2) and inserting the 

13 following: 

14 ‘‘(2) PURPOSE.—The purpose of this section is 

15 to achieve the goals established in the Great Lakes 

16 Restoration Initiative Action Plan, the Great Lakes 

17 Regional Collaboration Strategy, and the Great 

18 Lakes Water Quality Agreement through— 

19 ‘‘(A) improved organization and definition 

20 of mission on the part of the Agency; 

21 ‘‘(B) the funding of grants, contracts, and 

22 interagency agreements for protection, restora23 tion, and pollution control in the Great Lakes 

24 area; and 

25 ‘‘(C) improved accountability.’’; and 


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1 (3) in paragraph (3), by striking subparagraph 

2 (H) and inserting the following: 

3 ‘‘(H) ‘Great Lakes Water Quality Agree4 ment’ means the Agreement on Great Lakes 

5 Water Quality, 1978, signed at Ottawa on No6 vember 22, 1978 (30 UST 1383; TIAS 9257), 

7 between the United States and Canada.’’. 

8 (b) GREAT LAKES MANAGEMENT.—Section 118(c) of 

9 the Federal Water Pollution Control Act (33 U.S.C. 

10 1268(c)) is amended— 

11 (1) in paragraph (1)— 

12 (A) in subparagraph (A), by striking ‘‘,;’’ 

13 and inserting a semicolon; 

14 (B) by striking subparagraph (E); 

15 (C) by redesignating subparagraphs (C) 

16 and (D) as subparagraphs (D) and (E), respec17 tively; 

18 (D) in subparagraph (D) (as so redesig19 nated), by adding ‘‘and’’ at the end; 

20 (E) in subparagraph (E) (as so redesig21 nated), by striking ‘‘; and’’ and inserting a pe22 riod; and 

23 (F) by inserting after subparagraph (B) 

24 the following: 


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1 ‘‘(C) coordinate with the Great Lakes 

2 Interagency Task Force, as required under 

3 paragraph (8);’’; 

4 (2) in paragraph (3)(C), by striking ‘‘subpara5 graph (c)(1)(C) of this section’’ and inserting ‘‘para6 graph (1)(D)’’; 

7 (3) by striking paragraph (6) and inserting the 

8 following: 

9 ‘‘(6) GREAT LAKES GOVERNANCE AND MANAGE10 MENT.— 

11 ‘‘(A) GREAT LAKES ADVISORY BOARD.— 

12 ‘‘(i) ESTABLISHMENT.—The Adminis13 trator shall establish an advisory board, to 

14 be known as the ‘Great Lakes Advisory 

15 Board’, to provide advice and recommenda16 tions to the Administrator on matters per17 taining to Great Lakes restoration and 

18 protection. 

19 ‘‘(ii) DUTIES.—The Great Lakes Ad20 visory Board shall develop and submit re21 ports and information to the Administrator 

22 and the Great Lakes Interagency Task 

23 Force that include recommendations on 

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1 countability matters relating to the Great 

2 Lakes. 

3 ‘‘(iii) MEMBERSHIP.—The Great 

4 Lakes Advisory Board shall consist of not 

5 less than 12 and not more than 20 mem6 bers, who shall— 

7 ‘‘(I) be appointed by the Admin8 istrator; and 

9 ‘‘(II) include representatives of 

10 or individuals affiliated with— 

11 ‘‘(aa) environmental groups; 

12 ‘‘(bb) hunting, fishing, and 

13 conservation organizations; 

14 ‘‘(cc) businesses; 

15 ‘‘(dd) agricultural groups; 

16 ‘‘(ee) foundations; 

17 ‘‘(ff) environmental justice 

18 organizations; 

19 ‘‘(gg) academia; and 

20 ‘‘(hh) State, local, and tribal 

21 governments. 

22 ‘‘(iv) MEETINGS.— 

23 ‘‘(I) IN GENERAL.—The Great 

24 Lakes Advisory Board shall meet not 


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1 less frequently than once every 180 

2 days. 

3 ‘‘(II) OPEN TO PUBLIC.— 

4 ‘‘(aa) IN GENERAL.—Sub5 ject to item (bb), the meetings of 

6 the Great Lakes Advisory Board 

7 shall be open to the public. 

8 ‘‘(bb) EXECUTIVE SES9 SIONS.—The Great Lakes Advi10 sory Board may hold executive 

11 sessions that are closed to the 

12 public. 

13 ‘‘(v) OPERATION.—The Great Lakes 

14 Advisory Board shall operate on a con15 sensus basis. 

16 ‘‘(vi) COSTS.—The members of the 

17 Great Lakes Advisory Board shall be al18 lowed travel expenses, including per diem 

19 in lieu of subsistence, at rates authorized 

20 for employees of agencies under subchapter 

21 I of chapter 57 of title 5, United States 

22 Code, while away from their homes or reg23 ular places of business in the performance 

24 of services for the Board.’’; 


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1 (4) by striking paragraph (7) and inserting the 

2 following: 

3 ‘‘(7) GREAT LAKES RESTORATION INITIA4 TIVE.— 

5 ‘‘(A) FINDINGS.—Congress finds that— 

6 ‘‘(i) the goal of the Great Lakes pro7 gram of the Agency is to restore and main8 tain the chemical, physical, and biological 

9 integrity of the Great Lakes basin eco10 system; and 

11 ‘‘(ii) in 2010, the Agency, in coordina12 tion with Federal partners, commenced im13 plementation of a new Great Lakes Res14 toration Initiative (referred to in this para15 graph as the ‘Initiative’), which is de16 signed— 

17 ‘‘(I) to identify programs and 

18 projects that are strategically selected 

19 to target the most significant environ20 mental problems in the Great Lakes 

21 ecosystem; 

22 ‘‘(II) to be based on the work 

23 of— 


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1 ‘‘(aa) the Great Lakes Inter2 agency Task Force established by 

3 paragraph (8)(A); and 

4 ‘‘(bb) the Great Lakes Advi5 sory Board, stakeholders, and 

6 nongovernmental partners; and 

7 ‘‘(III) to represent the commit8 ment of the Federal Government to 

9 significantly advancing Great Lakes 

10 protection and restoration. 

11 ‘‘(B) FOCUS AREAS.—The Initiative shall 

12 prioritize work done by non-Federal partners 

13 using funding made available for the Great 

14 Lakes for priority areas for each fiscal year, 

15 such as— 

16 ‘‘(i) the remediation of toxic sub17 stances and areas of concern; 

18 ‘‘(ii) the prevention and control of 

19 invasive species and the impacts of invasive 

20 species; 

21 ‘‘(iii) the protection and restoration of 

22 nearshore health and the prevention and 

23 mitigation of nonpoint source pollution; 


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1 ‘‘(iv) habitat and wildlife protection 

2 and restoration, including wetlands res3 toration and preservation; 

4 ‘‘(v) accountability, monitoring, eval5 uation, communication, and partnership 

6 activities; and 

7 ‘‘(vi) other areas prioritized by the 

8 Great Lakes Advisory Board. 

9 ‘‘(C) PROJECTS.—Pursuant to the Initia10 tive, the Agency shall consult with Federal 

11 partners, including the Great Lakes Inter12 agency Task Force, and take into consideration 

13 the recommendations of the Great Lakes Advi14 sory Board to select the best combination of 

15 programs and projects for Great Lakes protec16 tion and restoration using principles and cri17 teria such as— 

18 ‘‘(i) the ability to achieve strategic 

19 and measurable environmental outcomes; 

20 ‘‘(ii) the feasibility of— 

21 ‘‘(I) prompt implementation; 

22 ‘‘(II) timely achievement of re23 sults; and 

24 ‘‘(III) the ability to leverage re25 sources; and 


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1 ‘‘(iii) opportunities for improved inter2 agency and inter-organizational coordina3 tion and collaboration to reduce duplication 

4 and streamline efforts. 

5 ‘‘(D) IMPLEMENTATION OF PROJECTS.— 

6 ‘‘(i) IN GENERAL.—Funds made avail7 able to carry out the Initiative shall be 

8 used to strategically implement— 

9 ‘‘(I) Federal projects; and 

10 ‘‘(II) projects carried out in co11 ordination with States, Indian tribes, 

12 municipalities, institutions of higher 

13 education, and other organizations. 

14 ‘‘(ii) TRANSFER OF FUNDS.—Of 

15 amounts made available for environmental 

16 programs and management for the Great 

17 Lakes Restoration Initiative, the Adminis18 trator may— 

19 ‘‘(I) transfer not more than 

20 $475,000,000 to the head of any Fed21 eral department or agency, with the 

22 concurrence of the department or 

23 agency head, to carry out activities to 

24 support the Initiative and the Great 

25 Lakes Water Quality Agreement; 


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1 ‘‘(II) enter into an interagency 

2 agreement with the head of any Fed3 eral department or agency to carry 

4 out activities described in subclause 

5 (I); and 

6 ‘‘(III) make grants to govern7 mental entities, nonprofit organiza8 tions, institutions, and educational in9 stitutions for use in carrying out plan10 ning, research, monitoring, outreach, 

11 training, studies, surveys, investiga12 tions, experiments, demonstration 

13 projects, and implementation relating 

14 to the activities described in subclause 

15 (I). 

16 ‘‘(E) SCOPE.— 

17 ‘‘(i) IN GENERAL.—Projects shall be 

18 carried out pursuant to the Initiative on 

19 multiple levels, including— 

20 ‘‘(I) local; 

21 ‘‘(II) Great Lakes-wide; and 

22 ‘‘(III) Great Lakes basin-wide. 

23 ‘‘(ii) LIMITATION.—No funds made 

24 available to carry out the Initiative may be 

25 used for any water infrastructure activity 


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1 (other than a green infrastructure project 

2 that improves habitat and other ecosystem 

3 functions in the Great Lakes) for which 

4 amounts are made available from— 

5 ‘‘(I) a State water pollution con6 trol revolving fund established under 

7 title VI; or 

8 ‘‘(II) a State drinking water re9 volving loan fund established under 

10 section 1452 of the Safe Drinking 

11 Water Act (42 U.S.C. 300j–12). 

12 ‘‘(F) ACTIVITIES BY OTHER FEDERAL

13 AGENCIES.—Each relevant Federal department 

14 and agency shall, to the maximum extent prac15 ticable— 

16 ‘‘(i) maintain the base level of funding 

17 for the Great Lakes activities of the agen18 cy; and 

19 ‘‘(ii) identify new activities and 

20 projects to support the environmental goals 

21 of the Initiative. 

22 ‘‘(G) FUNDING.— 

23 ‘‘(i) AUTHORIZATION OF APPROPRIA24 TIONS.—There is authorized to be appro25 priated to carry out the Initiative 


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1 $475,000,000 for each of fiscal years 2013 

2 through 2017. 

3 ‘‘(ii) PARTNERSHIPS.—Of the 

4 amounts made available to carry out the 

5 Initiative, the Administrator shall transfer 

6 expeditiously to the Federal partners of the 

7 Initiative such sums as are necessary for 

8 subsequent use and distribution by the 

9 Federal partners in accordance with this 

10 section.’’; 

11 (5) by striking paragraph (8) and inserting the 

12 following: 

13 ‘‘(8) GREAT LAKES INTERAGENCY TASK

14 FORCE.— 

15 ‘‘(A) ESTABLISHMENT.—There is estab16 lished a task force, to be known as the ‘Great 

17 Lakes Interagency Task Force’ as described in 

18 Executive Order 13340 (33 U.S.C. 1268 note), 

19 relating to the establishment of Great Lakes 

20 Interagency Task Force and promotion of re21 gional collaboration of national significance for 

22 Great Lakes. 

23 ‘‘(B) COORDINATION.—The Program Of24 fice shall coordinate, to the maximum extent 


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1 practicable, with the Great Lakes Interagency 

2 Task Force. 

3 ‘‘(C) DUTIES.—The Great Lakes Inter4 agency Task Force, as a body or through mem5 ber agencies, shall— 

6 ‘‘(i) collaborate with Canada, prov7 inces of Canada, and binational bodies in8 volved in the Great Lakes region regarding 

9 policies, strategies, projects, and priorities 

10 for the Great Lakes System; 

11 ‘‘(ii)(I) coordinate the development of 

12 Federal policies, strategies, projects, and 

13 priorities for addressing the restoration 

14 and protection of the Great Lakes System 

15 consistent with— 

16 ‘‘(aa) the Great Lakes Water 

17 Quality Agreement; 

18 ‘‘(bb) the Great Lakes Restora19 tion Initiative Action Plan; and 

20 ‘‘(cc) the Great Lakes Regional 

21 Collaboration Strategy; 

22 ‘‘(II) take into consideration any rec23 ommendations of the Great Lakes Advisory 

24 Board; and 


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1 ‘‘(III) assist in the appropriate man2 agement of the Great Lakes System; 

3 ‘‘(iii) develop outcome-based goals for 

4 the Great Lakes System (relying on exist5 ing data and science-based indicators of 

6 water quality, related environmental fac7 tors, and other information) that— 

8 ‘‘(I) focus on outcomes such as 

9 cleaner water, sustainable fisheries, 

10 and biodiversity of the Great Lakes 

11 System; 

12 ‘‘(II) ensure that Federal poli13 cies, strategies, projects, and priorities 

14 support measurable results; and 

15 ‘‘(III) are consistent with the 

16 Great Lakes Regional Collaboration 

17 Strategy and the Great Lakes Res18 toration Initiative Action Plan; 

19 ‘‘(iv) exchange information regarding 

20 policies, strategies, projects, and activities 

21 of the agencies represented on the Task 

22 Force relating to— 

23 ‘‘(I) the Great Lakes System; 

24 ‘‘(II) the Great Lakes Water 

25 Quality Agreement; 


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1 ‘‘(III) the Great Lakes Restora2 tion Initiative Action Plan; and 

3 ‘‘(IV) the Great Lakes Regional 

4 Collaboration Strategy; 

5 ‘‘(v) coordinate government action as6 sociated with the Great Lakes System; 

7 ‘‘(vi) ensure coordinated Federal sci8 entific and other research associated with 

9 the Great Lakes System; 

10 ‘‘(vii) provide assistance and support 

11 to agencies represented on the Task Force 

12 in activities relating to the Great Lakes 

13 System; 

14 ‘‘(viii) establish annual priorities with 

15 respect to Great Lakes protection and res16 toration, including priorities for the Great 

17 Lakes Restoration Initiative; and 

18 ‘‘(ix) not later than 1 year after the 

19 date of enactment of the Great Lakes Eco20 system Protection Act of 2012 and every 5 

21 years thereafter— 

22 ‘‘(I) review the Great Lakes Re23 gional Collaboration Strategy and the 

24 Great Lakes Restoration Initiative Ac25 tion Plan; and 


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1 ‘‘(II) update and revise the Great 

2 Lakes Regional Collaboration Strat3 egy and the Great Lakes Restoration 

4 Initiative Action Plan to reflect the 

5 most comprehensive scientific infor6 mation available.’’; 

7 (6) by striking paragraph (10) and inserting 

8 the following: 

9 ‘‘(10) REPORTS.— 

10 ‘‘(A) ANNUAL COMPREHENSIVE RESTORA11 TION REPORT.—Not later than 90 days after 

12 the end of each fiscal year, the Administrator 

13 shall submit to Congress and make publicly 

14 available a comprehensive report on the overall 

15 health of the Great Lakes that includes— 

16 ‘‘(i) a description of the achievements 

17 during the fiscal year in implementing the 

18 Great Lakes Water Quality Agreement and 

19 any other applicable agreements and 

20 amendments that— 

21 ‘‘(I) demonstrate, by category 

22 (including categories for judicial en23 forcement, research, State cooperative 

24 efforts, and general administration) 

25 the amounts expended on Great Lakes 


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1 water quality initiatives for the fiscal 

2 year; 

3 ‘‘(II) describe the progress made 

4 during the fiscal year in implementing 

5 the system of surveillance of the water 

6 quality in the Great Lakes System, in7 cluding the monitoring of groundwater 

8 and sediment, with a particular focus 

9 on toxic pollutants; 

10 ‘‘(III) describe the prospects of 

11 meeting the goals and objectives of 

12 the Great Lakes Water Quality Agree13 ment; and 

14 ‘‘(IV) provide a comprehensive 

15 assessment of the planned efforts to 

16 be pursued in the succeeding fiscal 

17 year for implementing the Great 

18 Lakes Water Quality Agreement and 

19 any other applicable agreements and 

20 amendments that— 

21 ‘‘(aa) indicate, by category 

22 (including categories for judicial 

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1 pated to be expended on Great 

2 Lakes water quality initiatives 

3 for the applicable fiscal year; and 

4 ‘‘(bb) include a report on 

5 programs administered by other 

6 Federal agencies that make re7 sources available for Great Lakes 

8 water quality management ef9 forts; 

10 ‘‘(ii) a detailed list of accomplish11 ments of the Great Lakes Restoration Ini12 tiative with respect to each organizational 

13 element of the Initiative and the means by 

14 which progress will be evaluated; 

15 ‘‘(iii) recommendations for stream16 lining the work of existing advisory and co17 ordinating committees (such as the Great 

18 Lakes Regional Collaboration and the 

19 United States Policy Committee), including 

20 a recommendation for eliminating any such 

21 entity if the work of the entity— 

22 ‘‘(I) is duplicative; or 

23 ‘‘(II) complicates the protection 

24 and restoration of the Great Lakes; 

25 and 


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1 ‘‘(iv) with respect to each priority es2 tablished under paragraph (8)(C)(viii) dur3 ing the fiscal year, the reasons why the 

4 Administrator implemented, or did not im5 plement, the priorities and recommenda6 tions. 

7 ‘‘(B) CROSSCUT BUDGET.—Not later than 

8 45 days after the date of submission of the 

9 budget of the President to Congress, the Direc10 tor of the Office of Management and Budget, in 

11 coordination with the Governor of each Great 

12 Lakes State and the Great Lakes Interagency 

13 Task Force, shall submit to Congress and make 

14 publicly available a financial report, certified by 

15 the head of each agency that has budget au16 thority for Great Lakes restoration activities, 

17 containing— 

18 ‘‘(i) an interagency budget crosscut 

19 report that— 

20 ‘‘(I) describes the budget pro21 posed, including funding allocations 

22 by each agency for the Great Lakes 

23 Restoration Initiative; 

24 ‘‘(II) identifies any adjustments 

25 from the budget request; 


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1 ‘‘(III) identifies the funding in 

2 any amount for each of the Federal 

3 agencies that carry out restoration 

4 and protection activities in the subse5 quent fiscal year, separately reporting 

6 the amount of funding to be provided 

7 under each law pertaining to the 

8 agency; 

9 ‘‘(IV) compares specific funding 

10 levels allocated for participating Fed11 eral agencies from fiscal year to fiscal 

12 year; and 

13 ‘‘(V) identifies all expenditures 

14 since fiscal year 2004 by the Federal 

15 Government and State governments 

16 for Great Lakes restoration activities; 

17 ‘‘(ii) a detailed accounting of all funds 

18 received and obligated by all Federal agen19 cies and, to the maximum extent prac20 ticable, State agencies using Federal 

21 funds, for Great Lakes restoration activi22 ties during the current and previous fiscal 

23 years; 

24 ‘‘(iii) a budget for the proposed 

25 projects (including a description of the 


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1 project, authorization level, and project 

2 status) to be carried out in the subsequent 

3 fiscal year with the Federal share of funds 

4 for activities; and 

5 ‘‘(iv) a listing of all projects to be un6 dertaken in the subsequent fiscal year with 

7 the Federal share of funds for activities.’’; 

8 and 

9 (7) in paragraph (12)(H), by striking clause (i) 

10 and inserting the following: 

11 ‘‘(i) AUTHORIZATION.—In addition to 

12 other amounts authorized to be appro13 priated pursuant to this section, there are 

14 authorized to be appropriated to carry out 

15 this paragraph— 

16 ‘‘(I) $50,000,000 for each of fis17 cal years 2004 through 2010; and 

18 ‘‘(II) $150,000,000 for each of 

19 fiscal years 2013 through 2017.’’. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 118(h) of the Federal Water Pollution Control Act (33 

22 U.S.C. 1268(h)) is amended— 

23 (1) by redesignating paragraphs (1) through 

24 (3) as subparagraphs (A) through (C), respectively, 

25 and indenting the subparagraphs appropriately; 


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1 (2) by striking ‘‘There are authorized’’ and in2 serting the following: 

3 ‘‘(1) IN GENERAL.—There are authorized’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(2) PROGRAM OFFICE.—There is authorized to 

6 be appropriated to the Program Office to carry out 

7 this section $25,000,000 for each of fiscal years 

8 2013 through 2017.’’. 

9 (d) EFFECT OF SECTION.—Nothing in this section 

10 or an amendment made by this section affects— 

11 (1) the jurisdiction, powers, or prerogatives 

12 of— 

13 (A) any department, agency, or officer 

14 of— 

15 (i) the Federal Government; or 

16 (ii) any State or tribal government; or 

17 (B) any international body established by 

18 treaty with authority relating to the Great 

19 Lakes (as defined in section 118(a)(3) of the 

20 Federal Water Pollution Control Act (33 U.S.C. 

21 1268(a)(3))); or 

22 (2) any other Federal or State authority that is 

23 being used or may be used to facilitate the cleanup 

24 and protection of the Great Lakes (as so defined). 

Æ 


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