II 

111TH CONGRESS 

2D SESSION S. 3073 

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

the Great Lakes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 4, 2010 

Mr. LEVIN (for himself, Mr. VOINOVICH, Ms. KLOBUCHAR, Mr. BROWN of 

Ohio, Mr. FRANKEN, Ms. STABENOW, and Mr. DURBIN) 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 2010’’. 

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; and’’; 

9 and 

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

11 tribal,’’ after ‘‘State’’; and 

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 for protection, 

22 restoration, and pollution control in the Great 

23 Lakes area; and 

24 ‘‘(C) improved accountability.’’. 


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

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

3 1268(c)) is amended— 

4 (1) in paragraph (1)— 

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

6 and inserting a semicolon; 

7 (B) by striking subparagraph (E); 

8 (C) by redesignating subparagraphs (C) 

9 and (D) as subparagraphs (E) and (F), respec10 tively; 

11 (D) in subparagraph (E) (as so redesig12 nated), by adding ‘‘and’’ at the end; 

13 (E) in subparagraph (F) (as so redesig14 nated), by striking ‘‘; and’’ and inserting a pe15 riod; and 

16 (F) by inserting after subparagraph (B) 

17 the following: 

18 ‘‘(C) provide the support described in para19 graph (6); 

20 ‘‘(D) coordinate with the Great Lakes 

21 Interagency Task Force, as required under 

22 paragraph (7);’’; 

23 (2) in paragraph (3)(C), by striking ‘‘subpara24 graph (c)(1)(C) of this section’’ and inserting ‘‘para25 graph (1)(E)’’; 


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

2 following: 

3 ‘‘(6) GREAT LAKES GOVERNANCE AND MANAGE4 MENT.— 

5 ‘‘(A) GREAT LAKES LEADERSHIP COUN6 CIL.— 

7 ‘‘(i) ESTABLISHMENT.—There is es8 tablished a council, to be known as the 

9 Great Lakes Leadership Council (referred 

10 to in this paragraph as the ‘Council’). 

11 ‘‘(ii) DUTIES.—The Council shall— 

12 ‘‘(I) develop and establish Great 

13 Lakes protection and restoration pol14 icy; 

15 ‘‘(II) approve long-term goals 

16 and objectives relating to Great Lakes 

17 protection and restoration, including 

18 the Great Lakes Restoration Initia19 tive; 

20 ‘‘(III) establish annual priorities 

21 with respect to Great Lakes protec22 tion and restoration, including prior23 ities for the Great Lakes Restoration 

24 Initiative; 


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1 ‘‘(IV) submit to Congress, the 

2 President, and the public reports de3 scribing progress made during the re4 porting period with respect to Great 

5 Lakes protection and restoration; 

6 ‘‘(V) seek consensus among units 

7 of government and stakeholders re8 garding disputes relating to Great 

9 Lakes protection and restoration; 

10 ‘‘(VI) determine a process for 

11 participation in relevant international 

12 forums, such as the Great Lakes 

13 Water Quality Agreement; and 

14 ‘‘(VII) provide input annually re15 garding Federal budget priorities and 

16 levels for Great Lakes protection and 

17 restoration, including the Great Lakes 

18 Restoration Initiative. 

19 ‘‘(iii) MEMBERSHIP.— 

20 ‘‘(I) IN GENERAL.—The member21 ship of the Council shall include— 

22 ‘‘(aa) 8 heads of Federal de23 partments and agencies, to be 

24 appointed by the President, in25 cluding— 


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1 ‘‘(AA) the Adminis2 trator; 

3 ‘‘(BB) the Chief of En4 gineers; 

5 ‘‘(CC) the Secretary of 

6 the Interior; 

7 ‘‘(DD) the Secretary of 

8 Agriculture; 

9 ‘‘(EE) the Secretary of 

10 Commerce; and 

11 ‘‘(FF) the head of the 

12 department in which the 

13 Coast Guard is operating; 

14 ‘‘(bb) the governors of the 

15 Great Lake States; 

16 ‘‘(cc) 8 representatives of 

17 tribal governments, to be ap18 pointed by the Indian tribes lo19 cated in the Great Lakes basin; 

20 and 

21 ‘‘(dd) 8 mayors, including 

22 mayors participating in the Great 

23 Lakes and St. Lawrence Cities 

24 Initiative, to be appointed by the 


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1 mayors of areas located in the 

2 Great Lakes basin. 

3 ‘‘(II) CHAIRPERSON.—The Ad4 ministrator shall serve as chairperson 

5 of the Council. 

6 ‘‘(III) SECRETARY.—The Direc7 tor of the Program Office shall serve 

8 as secretary of, and provide adminis9 trative support to, the Council. 

10 ‘‘(IV) OBSERVER MEMBERS.— 

11 The membership of the Council shall 

12 include 1 observer member from each 

13 of— 

14 ‘‘(aa) the International Joint 

15 Commission; 

16 ‘‘(bb) the Great Lakes Fish17 ery Commission; 

18 ‘‘(cc) the Great Lakes Com19 mission; and 

20 ‘‘(dd) Canada. 

21 ‘‘(iv) COMMITTEES.—The Council 

22 may establish such committees as the 

23 Council determines to be appropriate for 

24 issues including— 

25 ‘‘(I) executive issues; 


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1 ‘‘(II) science issues; 

2 ‘‘(III) implementation issues; and 

3 ‘‘(IV) funding issues. 

4 ‘‘(v) MEETINGS.— 

5 ‘‘(I) IN GENERAL.—The Council 

6 shall meet not less frequently than 

7 once each year. 

8 ‘‘(II) OPEN TO PUBLIC.—The 

9 meetings of the Council shall be held 

10 open to the public. 

11 ‘‘(vi) OPERATION.—The Council shall 

12 operate on a consensus basis. 

13 ‘‘(vii) COSTS.—The Agency shall pay 

14 the operating costs of the Council. 

15 ‘‘(B) GREAT LAKES MANAGEMENT COM16 MITTEE.— 

17 ‘‘(i) ESTABLISHMENT.—There is es18 tablished within the Council a committee, 

19 to be known as the ‘Great Lakes Manage20 ment Committee’. 

21 ‘‘(ii) DUTIES.—The Great Lakes 

22 Management Committee shall— 

23 ‘‘(I) submit reports to the Coun24 cil, including recommendations re25 garding relevant issues; 


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1 ‘‘(II) provide direction for the 

2 planning, assessment, and reporting 

3 efforts of the Council; 

4 ‘‘(III) monitor and assist in im5 plementation activities relating to 

6 Great Lakes management; and 

7 ‘‘(IV) engage in ongoing problem 

8 solving regarding Great Lakes man9 agement. 

10 ‘‘(iii) MEMBERSHIP.— 

11 ‘‘(I) MEMBERSHIP.—The Great 

12 Lakes Management Committee shall 

13 consist of 11 members, of whom— 

14 ‘‘(aa) 1 shall be appointed 

15 by each unit of government in16 cluded in the membership of the 

17 Council; 

18 ‘‘(bb) 1 shall be appointed 

19 by the Great Lakes Commission; 

20 ‘‘(cc) 1 shall be appointed by 

21 the International Joint Commis22 sion; 

23 ‘‘(dd) 1 shall be appointed 

24 by the Great Lakes Fishery Com25 mission; 


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1 ‘‘(ee) 1 shall be a represent2 ative of the environmental com3 munity in the Great Lakes, to be 

4 appointed by the Administrator, 

5 after soliciting advice from that 

6 community; 

7 ‘‘(ff) 1 shall be a representa8 tive of the agricultural commu9 nity, to be appointed by the Ad10 ministrator, after soliciting ad11 vice from that community; 

12 ‘‘(gg) 1 shall be a represent13 ative of Great Lakes industry, to 

14 be appointed by the Adminis15 trator, after soliciting advice 

16 from that industry; 

17 ‘‘(hh) 1 shall be a represent18 ative of the scientific community, 

19 to be appointed by the Adminis20 trator, after soliciting advice 

21 from that community; and 

22 ‘‘(ii) 1 shall be a representa23 tive of Canada, who shall serve 

24 as an observer member. 


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1 ‘‘(II) CHAIRPERSON.—The senior 

2 advisor on Great Lakes of the Agency 

3 (or a designee) shall serve as chair4 person of the Great Lakes Manage5 ment Committee. 

6 ‘‘(III) SECRETARY.—The Direc7 tor of the Program Office shall serve 

8 as secretary of, and provide adminis9 trative support to, the Great Lakes 

10 Management Committee. 

11 ‘‘(iv) MEETINGS.— 

12 ‘‘(I) IN GENERAL.—The Great 

13 Lakes Management Committee shall 

14 meet not less frequently than once 

15 each quarter. 

16 ‘‘(II) OPEN TO PUBLIC.— 

17 ‘‘(aa) IN GENERAL.—Sub18 ject to item (bb), the meetings of 

19 the Great Lakes Management 

20 Committee shall be held open to 

21 the public. 

22 ‘‘(bb) EXECUTIVE SES23 SIONS.—The Great Lakes Man24 agement Committee may hold exVerDate Nov 24 2008 20:21 Mar 08, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3073.IS S3073

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1 ecutive sessions that are closed to 

2 the public. 

3 ‘‘(v) OPERATION.—The Great Lakes 

4 Management Committee shall operate on a 

5 consensus basis. 

6 ‘‘(vi) COSTS.—The Agency shall pay 

7 the operating costs of the Great Lakes 

8 Management Committee.’’; 

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

10 following: 

11 ‘‘(7) GREAT LAKES INTERAGENCY TASK

12 FORCE.— 

13 ‘‘(A) ESTABLISHMENT.—There is estab14 lished a task force, to be known as the ‘Great 

15 Lakes Interagency Task Force’. 

16 ‘‘(B) COORDINATION.—The Program Of17 fice shall coordinate, to the maximum extent 

18 practicable, with the Great Lakes Interagency 

19 Task Force established by subparagraph (A).’’; 

20 (5) in paragraph (8)— 

21 (A) by redesignating subparagraphs (A) 

22 through (C) as clauses (i) through (iii), respec23 tively, and indenting the clauses appropriately; 

24 (B) by striking ‘‘The Administrator’’ and 

25 inserting the following: 


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1 ‘‘(A) IN GENERAL.—The Administrator’’; 

2 and 

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

4 ‘‘(B) ANNUAL REPORTS.—Not later than 

5 30 days after the date of publication of the 

6 budget for a fiscal year, the Administrator shall 

7 submit to Congress a report that describes— 

8 ‘‘(i) with respect to each organiza9 tional element of the Agency referred to in 

10 subparagraph (A)— 

11 ‘‘(I) the budget of the element 

12 for Great Lakes restoration activities 

13 for the applicable fiscal year; 

14 ‘‘(II) each Great Lakes restora15 tion activity to be carried out by the 

16 element during the applicable fiscal 

17 year; and 

18 ‘‘(III) the means by which 

19 progress made on those activities will 

20 be evaluated; and 

21 ‘‘(ii) with respect to each rec22 ommendation submitted by the Great 

23 Lakes Leadership Council during the pre24 ceding fiscal year, the reasons why the AdVerDate Nov 24 2008 20:21 Mar 08, 2010 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3073.IS S3073

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1 ministrator approved or disapproved the 

2 recommendation.’’; 

3 (6) in paragraph (12)(H), by striking clause (i) 

4 and inserting the following: 

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

6 other amounts authorized to be appro7 priated pursuant to this section, there are 

8 authorized to be appropriated to carry out 

9 this paragraph— 

10 ‘‘(I) $50,000,000 for each of fis11 cal years 2004 through 2010; and 

12 ‘‘(II) $150,000,000 for each of 

13 fiscal years 2011 through 2015.’’; and 

14 (7) by adding at the end the following: 

15 ‘‘(14) GREAT LAKES RESTORATION INITIA16 TIVE.— 

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

18 ‘‘(i) the goal of the Great Lakes pro19 gram of the Agency is to restore and main20 tain the chemical, physical, and biological 

21 integrity of the Great Lakes basin eco22 system; and 

23 ‘‘(ii) in 2010, the Agency, in coordina24 tion with Federal partners, will commence 

25 implementation of a new Great Lakes ResVerDate Nov 24 2008 20:21 Mar 08, 2010 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3073.IS S3073

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1 toration Initiative (referred to in this para2 graph as the ‘Initiative’), which will— 

3 ‘‘(I) identify programs and 

4 projects that are strategically selected 

5 to target the most significant environ6 mental problems in the Great Lakes 

7 ecosystem; 

8 ‘‘(II) be based on the work of— 

9 ‘‘(aa) the Great Lakes Inter10 agency Task Force established by 

11 paragraph (7)(A); and 

12 ‘‘(bb) the stakeholders and 

13 nongovernmental partners of the 

14 Great Lakes Leadership Council; 

15 and 

16 ‘‘(III) represent the commitment 

17 of the Federal Government to signifi18 cantly advancing Great Lakes protec19 tion and restoration. 

20 ‘‘(B) PRIORITY.—The Initiative shall give 

21 priority to work done by non-Federal partners 

22 using funding made available for the Great 

23 Lakes for— 

24 ‘‘(i) the remediation of toxic sub25 stances in Areas of Concern; 


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1 ‘‘(ii)(I) the prevention of invasive spe2 cies; and 

3 ‘‘(II) the mitigation and restoration of 

4 the impacts of invasive species; 

5 ‘‘(iii)(I) the protection and restoration 

6 of nearshore health; and 

7 ‘‘(II) the prevention of nonpoint 

8 source pollution; 

9 ‘‘(iv) habitat and wildlife protection 

10 and restoration; and 

11 ‘‘(v) accountability, monitoring, eval12 uation, communication, and partnership 

13 activities. 

14 ‘‘(C) PROJECTS.—Pursuant to the Initia15 tive, the Agency shall consult with Federal 

16 partners and take into consideration the rec17 ommendations of the Council to select the best 

18 combination of programs and projects for Great 

19 Lakes protection and restoration using prin20 ciples and criteria such as— 

21 ‘‘(i) the ability to achieve strategic 

22 and measurable environmental outcomes; 

23 ‘‘(ii) the feasibility of— 

24 ‘‘(I) prompt implementation; 


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1 ‘‘(II) timely achievement of re2 sults; and 

3 ‘‘(III) the ability to leverage re4 sources; and 

5 ‘‘(iii) opportunities for interagency 

6 and interorganizational coordination and 

7 collaboration. 

8 ‘‘(D) IMPLEMENTATION OF PROJECTS.— 

9 ‘‘(i) IN GENERAL.—Funds made avail10 able to carry out the Initiative shall be 

11 used to strategically implement— 

12 ‘‘(I) Federal projects; and 

13 ‘‘(II) projects carried out in co14 ordination with States, Indian tribes, 

15 municipalities, institutions of higher 

16 education, and other organizations. 

17 ‘‘(ii) TRANSFER OF FUNDS.—Of 

18 amounts made available for environmental 

19 programs and management for the Great 

20 Lakes Initiative, the Administrator may— 

21 ‘‘(I) transfer not more than 

22 $475,000,000 to the head of any Fed23 eral department or agency, with the 

24 concurrence of the department or 

25 agency head, to carry out activities to 


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1 support the Great Lakes Restoration 

2 Initiative and the Great Lakes Water 

3 Quality Agreement of 1978; 

4 ‘‘(II) enter into an interagency 

5 agreement with the head of any Fed6 eral department or agency to carry 

7 out activities described in subclause 

8 (I); and 

9 ‘‘(III) make grants to govern10 mental entities, nonprofit organiza11 tions, institutions, and individuals for 

12 planning, research, monitoring, out13 reach, and implementation relating to 

14 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 Lake-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 that is carried out using funds made avail2 able under the clean water or drinking 

3 water State revolving fund program. 

4 ‘‘(F) ACTIVITIES BY OTHER FEDERAL

5 AGENCIES.—Each relevant Federal department 

6 and agency shall, to the maximum extent prac7 ticable— 

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

9 for the Great Lakes activities of the agen10 cy; and 

11 ‘‘(ii) identify new activities and 

12 projects to support the environmental goals 

13 of the Initiative. 

14 ‘‘(G) FUNDING.— 

15 ‘‘(i) AUTHORIZATION OF APPROPRIA16 TIONS.—There is authorized to be appro17 priated to carry out the Initiative 

18 $475,000,000 for each of fiscal years 2011 

19 through 2016. 

20 ‘‘(ii) PARTNERSHIPS.—Of the 

21 amounts made available to carry out the 

22 Initiative, the Administrator shall transfer 

23 expeditiously to the Federal partners of the 

24 Initiative such sums as are necessary for 

25 subsequent use and distribution by the 


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1 Federal partners in accordance with this 

2 section.’’. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 118 of the Federal Water Pollution Control Act (33 

5 U.S.C. 1268) is amended by striking subsection (h) and 

6 inserting the following: 

7 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS FOR PRO8 GRAM OFFICE.—There is authorized to be appropriated 

9 to the Administrator to carry out this section $25,000,000 

10 for each of fiscal years 2011 through 2016.’’. 

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

12 or an amendment made by this section affects— 

13 (1) the jurisdiction, powers, or prerogatives 

14 of— 

15 (A) any department, agency, or officer 

16 of— 

17 (i) the Federal Government; or 

18 (ii) any State or tribal government; or 

19 (B) any international body established by 

20 treaty with authority relating to the Great 

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

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

23 1268(a)(3))); or 


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

2 being used or may be used to facilitate the cleanup 

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

Æ 


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