160 
clause (I) will experience a significant 
hardship on the increase in rates re-
quired to finance the project or activ-
ity for which the assistance is sought; 
and 
‘‘(III) ensures, as part of an 
agreement between the State and the 
recipient, that the additional sub-
sidization provided under this para-
graph will be directed to those rate-
payers through a user charge rate sys-
tem (or another appropriate method); 
and 
‘‘(B) to implement alternative processes, 
materials, and techniques (including non-
structural protection of surface waters, new or 
improved methods of waste treatment, and pol-
lutant trading) that may result in cost savings 
or increased environmental benefit when com-
pared to standard processes, materials, and 
techniques. 
‘‘(2) AFFORDABILITY CRITERIA.— 
‘‘(A) ESTABLISHMENT.— 
‘‘(i) IN
GENERAL.—Not later than 
September 30, 2006, after providing notice 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
161 
and an opportunity for public comment, a 
State shall establish affordability criteria 
to assist the State in identifying munici-
palities that would experience a significant 
hardship on the increase in rates required 
to finance a project or activity that is eligi-
ble for assistance under subsection (c)(1) if 
additional subsidization under paragraph 
(1) is not provided. 
‘‘(ii) 
FACTORS
FOR
CONSIDER-
ATION.—In establishing criteria under 
clause (i), a State shall take into consider-
ation— 
‘‘(I) income data; 
‘‘(II) population trends; and 
‘‘(III) any other data the State 
determines to be relevant. 
‘‘(B) EXISTING CRITERIA.—If a State has 
established, after providing notice and an op-
portunity for public comment, criteria in ac-
cordance with subparagraph (A) before the date 
of enactment of this subsection, the criteria 
shall be considered to be affordability criteria 
established under that subparagraph. 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
162 
‘‘(C) INFORMATION TO ASSIST STATES.— 
The Administrator may publish information to 
assist States in establishing affordability cri-
teria under subparagraph (A). 
‘‘(3) PRIORITY.—In providing assistance under 
this subsection, a State may give priority to any 
owner or operator of a project or activity that— 
‘‘(A) is eligible to receive funding under 
subsection (c)(1); and 
‘‘(B) is located in a municipality that 
meets the affordability criteria established 
under paragraph (2). 
‘‘(4) SET-ASIDE.— 
‘‘(A) IN
GENERAL.—For any fiscal year 
during which more than $1,400,000,000 is 
made available to the Administrator to carry 
out this title, a State shall provide additional 
subsidization under this subsection in the 
amount described in subparagraph (B) to enti-
ties described in paragraph (1) for projects and 
activities identified in the intended use plan of 
the State under section 606(c) on receipt of an 
application for additional subsidization. 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
163 
‘‘(B) AMOUNT.—The amount referred to in 
subparagraph (A) is an amount not less than 
25 percent of the difference between— 
‘‘(i) the total amount that would have 
been allotted to the State under section 
604 during the appropriate fiscal year, if 
the amount made available to the Adminis-
trator to carry out this title during that 
fiscal year was equal to $1,400,000,000; 
and 
‘‘(ii) the total amount allotted to the 
State under section 604 for that fiscal 
year. 
‘‘(5) LIMITATION.—The total amount of addi-
tional subsidization provided by a State under this 
subsection shall not exceed 30 percent of the total 
amount of capitalization grants received by the State 
under this title for fiscal years beginning after Sep-
tember 30, 2006.’’. 
SEC. 304. ALLOTMENT OF FUNDS. 
(a) IN GENERAL.—Section 604 of the Federal Water 
Pollution Control Act (33 U.S.C. 1384) is amended by 
striking subsection (a) and inserting the following: 
‘‘(a) ALLOTMENTS.— 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
164 
‘‘(1) FISCAL YEARS 2007 AND 2008.—Amounts 
made available to carry out this title for fiscal years 
2007 and 2008 shall be allotted by the Adminis-
trator in accordance with the formula used to cal-
culate allotments for fiscal year 2006. 
‘‘(2) FISCAL YEAR 2009 AND THEREAFTER.— 
Amounts made available to carry out this title for 
fiscal year 2009 and each fiscal year thereafter shall 
be allotted by the Administrator during each fiscal 
year— 
‘‘(A) for amounts up to $1,350,000,000, in 
accordance with the formula used to calculate 
allotments for fiscal year 2006; and 
‘‘(B) for any amount in excess of 
$1,350,000,000, in accordance with the formula 
developed by the Administrator under sub-
section (d).’’. 
(b) PLANNING ASSISTANCE.—Section 604(b) of the 
Federal Water Pollution Control Act (33 U.S.C. 1384(b)) 
is amended by striking ‘‘1 percent’’ and inserting ‘‘2 per-
cent’’. 
(c) FORMULA.—Section 604 of the Federal Water 
Pollution Control Act (33 U.S.C. 1384) is amended by 
adding at the end the following: 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
165 
‘‘(d) 
FORMULA
BASED
ON
WATER
QUALITY 
NEEDS.—Not later than September 30, 2006, after pro-
viding notice and an opportunity for public comment, the 
Administrator shall publish an allotment formula for pur-
poses of subsection (a)(2)(B) based on water quality 
needs, to be determined by the Administrator in accord-
ance with the most recent survey of needs developed by 
the Administrator under section 516.’’. 
SEC. 305. AUTHORIZATION OF APPROPRIATIONS. 
Section 607 of the Federal Water Pollution Control 
Act (33 U.S.C. 1387) is amended to read as follows: 
‘‘SEC. 607. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this title— 
‘‘(1) $2,000,000,000 for fiscal year 2007; 
‘‘(2) $3,000,000,000 for fiscal year 2008; 
‘‘(3) $4,000,000,000 for fiscal year 2009; 
‘‘(4) $5,000,000,000 for fiscal year 2010; and 
‘‘(5) $6,000,000,000 for fiscal year 2011.’’. 
TITLE IV—AREAS OF CONCERN 
SEC. 401. GREAT LAKES. 
(a) REMEDIATION OF SEDIMENT CONTAMINATION IN 
AREAS OF CONCERN.—Section 118(c)(12)(H) of the Fed-
eral 
Water 
Pollution 
Control 
Act 
(33 
U.S.C. 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
166 
1268(c)(12)(H)) is amended by striking clause (i) and in-
serting the following: 
‘‘(i) IN
GENERAL.—In addition to 
other amounts authorized to be appro-
priated to carry out this section, there is 
authorized to be appropriated to carry out 
this paragraph $150,000,000 for each of 
fiscal years 2007 through 2012.’’. 
(b) NON-FEDERAL SHARE.—Section 118(c)(12) of 
the Federal Water Pollution Control Act (33 U.S.C. 
1268(c)(12)) is amended— 
(1) in subparagraph (E), by adding at the end 
the following: 
‘‘(v) PAYMENT
AND
RETENTION
OF 
NON-FEDERAL
SHARE.—The non-Federal 
sponsor for a project under this paragraph 
may pay to the Administrator, for reten-
tion and use by the Administrator in car-
rying out the project, the non-Federal 
share of the cost of the project.’’; 
(2) by redesignating subparagraph (H) (as 
amended by subsection (a)) as subparagraph (I); 
and 
(3) by inserting after subparagraph (G) the fol-
lowing: 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
167 
‘‘(H) ADVANCE
PAYMENT
AND
REIM-
BURSEMENT
OF
COSTS.—The Administrator, 
acting through the Program Office, may enter 
into an agreement with a non-Federal sponsor 
to carry out a project under this paragraph 
under which the non-Federal sponsor may, as 
appropriate— 
‘‘(i) pay in advance the non-Federal 
share of the cost of the project; and 
‘‘(ii) receive from the Administrator 
reimbursement for amounts (other than 
the non-Federal share) expended by the 
non-Federal sponsor for the project.’’. 
TITLE V—CLEAN WATER 
AUTHORITY 
SEC. 501. DEFINITION OF WATERS OF THE UNITED STATES. 
Section 502 of the Federal Water Pollution Control 
Act (33 U.S.C. 1362) is amended— 
(1) by striking paragraph (7); 
(2) by redesignating paragraphs (8) through 
(23) as paragraphs (7) through (22), respectively; 
and 
(3) by adding at the end the following: 
‘‘(23) WATERS OF THE UNITED STATES.—The 
term ‘waters of the United States’ means all waters 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
168 
subject to the ebb and flow of the tide, the territorial 
seas, and all interstate and intrastate waters and 
their tributaries, including lakes, rivers, streams (in-
cluding intermittent streams), mudflats, sandflats, 
wetlands, sloughs, prairie potholes, wet meadows, 
playa lakes, natural ponds, and all impoundments of 
the foregoing, to the fullest extent that these waters, 
or activities affecting these waters, are subject to the 
legislative power of Congress under the Constitu-
tion.’’. 
SEC. 502. CONFORMING AMENDMENTS. 
The Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.) is amended— 
(1) by striking ‘‘navigable waters of the United 
States’’ each place it appears and inserting ‘‘waters 
of the United States’’; 
(2) in section 304(l)(1) by striking ‘‘NAVIGABLE 
WATERS’’ in the heading and inserting ‘‘WATERS OF 
THE UNITED STATES’’; and 
(3) by striking ‘‘navigable waters’’ each place it 
appears and inserting ‘‘waters of the United 
States’’. 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
169 
TITLE VI—TOXIC SUBSTANCES 
SEC. 601. MERCURY REDUCTION GRANTS. 
Section 118(c) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1268(c)) is amended by adding at the 
end the following: 
‘‘(14) MERCURY REDUCTION GRANTS.— 
‘‘(A) IN GENERAL.—The Program Office 
shall provide grants to Great Lakes States and 
Indian tribes in Great Lakes States to carry 
out projects to reduce the quantity of mercury 
in the Great Lakes. 
‘‘(B) APPLICATION.—Each Great Lake 
State or Indian tribe that seeks a grant under 
this paragraph shall submit an application to 
the Program Office at such time, in such man-
ner, and accompanied by or containing any in-
formation that the Program Office may require. 
‘‘(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
to carry out this paragraph $10,000,000 for 
each of fiscal years 2007 through 2011.’’. 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
170 
TITLE VII—INDICATORS AND 
INFORMATION 
Subtitle A—Research Program 
SEC. 701. RESEARCH REAUTHORIZATIONS. 
Section 118 of the Federal Water Pollution Control 
Act (33 U.S.C. 1268) is amended by striking subsection 
(e) and inserting the following: 
‘‘(e) RESEARCH
AND
MANAGEMENT
COORDINA-
TION.— 
‘‘(1) JOINT PLAN.— 
‘‘(A) IN GENERAL.—Not later than Sep-
tember 30 of each year, the Program Office, 
the Research Office, and the Great Lakes 
Science Center shall prepare and submit to the 
Executive Committee of the Regional Collabora-
tion a joint research plan for the fiscal year 
that begins in the following calendar year. 
‘‘(B) SUBMISSION
TO
CONGRESS.—The 
President shall include the plan described in 
subparagraph (A) in the annual budget of the 
United States Government submitted to Con-
gress by the President. 
‘‘(2) CONTENTS OF PLAN.—Each plan prepared 
under paragraph (1) shall— 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
171 
‘‘(A) identify all proposed research dedi-
cated to activities carried out under the Great 
Lakes Water Quality Agreement and any other 
applicable agreements and amendments; 
‘‘(B) include the assessment of the Re-
gional Collaboration of priorities for research 
needed to fulfill the terms of those agreements; 
and 
‘‘(C) identify all proposed research that 
may be used to develop a comprehensive envi-
ronmental database for the Great Lakes System 
and establish priorities for development of the 
database.’’. 
SEC. 702. GREAT LAKES SCIENCE CENTER. 
There is authorized to be appropriated to the Direc-
tor of the United States Geological Survey, for use by the 
Great Lakes Science Center, to carry out research activi-
ties that advance scientific knowledge and provide sci-
entific information for restoring, enhancing, managing, 
and protecting the living marine resources and habitats 
in the Great Lakes basin ecosystem $25,000,000 for each 
of fiscal years 2007 through 2011. 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
172 
SEC. 703. GREAT LAKES ENVIRONMENTAL RESEARCH LAB-
ORATORY. 
(a) GRANTS.—Section 118(d)(6) of the Federal 
Water Pollution Control Act (33 U.S.C. 1268(d)(6)) is 
amended— 
(1) striking ‘‘The Research Office’’ and insert-
ing the following: 
‘‘(A) IN GENERAL.—The Research Office’’; 
and 
(2) by adding at the end the following: 
‘‘(B) GRANTS.—The National Oceanic and 
Atmospheric Administration shall administer, 
through its Center for Sponsored Coastal Ocean 
Research, a program to award grants to aca-
demic institutions, State agencies, and other 
appropriate groups. The program required 
under this section shall be competitive, peer-re-
viewed, and merit-based.’’. 
(b) AUTHORIZATIONS OF APPROPRIATIONS.—Section 
118 of the Federal Water Pollution Control Act (33 
U.S.C. 1268) is amended by striking subsection (h) and 
inserting the following: 
‘‘(h) AUTHORIZATIONS OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$80,000,000 for each of fiscal years 2007 through 2011, 
of which, for each fiscal year— 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
173 
‘‘(1) $40,000,000 shall be made available to the 
Program Office; and 
‘‘(2) $40,000,000 shall be made available to the 
Great Lakes Environmental Research Laboratory of 
which not less than $15,000,000 shall be used for 
extramural 
research 
grants 
under 
subsection 
(d)(6)(B).’’. 
Subtitle B—Ocean and Coastal 
Observation System 
SEC. 711. DEFINITIONS. 
In this Act: 
(1) COUNCIL.—The term ‘‘Council’’ means the 
National Ocean Research Leadership Council. 
(2) GREAT
LAKE.—The term ‘‘Great Lake’’ 
means— 
(A) Lake Erie; 
(B) Lake Huron (including Lake Saint 
Clair); 
(C) Lake Michigan; 
(D) Lake Ontario; 
(E) Lake Superior; and 
(F) the connecting channels of those 
Lakes, including— 
(i) the Saint Marys River; 
(ii) the Saint Clair River; 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00173
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
174 
(iii) the Detroit River; 
(iv) the Niagara River; and 
(v) the Saint Lawrence River to the 
Canadian border. 
(3) OBSERVING SYSTEM.—The term ‘‘observing 
system’’ means the integrated coastal, ocean, and 
Great Lakes observing system to be established by 
the Committee under section 712(a). 
(4) INTERAGENCY
PROGRAM
OFFICE.—The 
term ‘‘interagency program office’’ means the office 
established under section 712(d). 
SEC. 712. INTEGRATED OCEAN AND COASTAL OBSERVING 
SYSTEM. 
(a) ESTABLISHMENT.— 
(1) 
IN
GENERAL.—The 
President, 
acting 
through the Council, shall establish and maintain an 
integrated system of ocean and coastal observations, 
data communication and management, analysis, 
modeling, research, education, and outreach de-
signed to provide data and information for the time-
ly detection and prediction of changes occurring in 
the ocean, coastal, and Great Lakes environment 
that impact the social, economic, and ecological sys-
tems of the United States. 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00174
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
175 
(2) PURPOSES.—The observing system shall 
provide for long-term, continuous, and quality-con-
trolled observations of the coasts, oceans, and Great 
Lakes so as to— 
(A) improve the health of the coasts, 
oceans, and Great Lakes of the United States; 
(B) protect human lives and livelihoods 
from hazards, including tsunamis, hurricanes, 
coastal erosion, and fluctuating Great Lakes 
water levels; 
(C) understand the effects of human activi-
ties and natural variability on the state of the 
coasts, oceans, and Great Lakes and the socio-
economic well-being of the United States; 
(D) provide for the sustainable use, protec-
tion, and enjoyment of ocean, coastal, and 
Great Lakes resources; 
(E) provide information that can support 
the eventual implementation and refinement of 
ecosystem-based management; 
(F) supply critical information to marine- 
related businesses, including aquaculture and 
fisheries; and 
(G) support research and development to— 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
176 
(i) ensure continuous improvement to 
ocean, coastal, and Great Lakes observa-
tion measurements; and 
(ii) enhance understanding of the 
ocean, coastal, and Great Lakes resources 
of the United States. 
(b) SYSTEM ELEMENTS.—To carry out the purposes 
of this subtitle, the observing system shall consist of— 
(1) a national program to fulfill national obser-
vation priorities, including the ocean contribution of 
the United States to the Global Earth Observation 
System of Systems and the Global Ocean Observing 
System; 
(2) a network of regional associations to man-
age the regional ocean and coastal observing and in-
formation programs that collect, measure, and dis-
seminate data and information products to meet re-
gional needs; 
(3) a data management and dissemination sys-
tem for the timely integration and dissemination of 
data and information products from the national 
and regional systems; 
(4) a research and development program con-
ducted under the guidance of the Council; and 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
177 
(5) an outreach, education, and training pro-
gram that augments existing programs, including 
the National Sea Grant College Program, the Cen-
ters for Ocean Sciences Education Excellence pro-
gram, and the National Estuarine Research Reserve 
System, to ensure the use of the data and informa-
tion for— 
(A) improving public education and aware-
ness of the oceans of the United States; and 
(B) building the technical expertise re-
quired to operate and improve the observing 
system. 
(c) COUNCIL FUNCTIONS.—In carrying out this sec-
tion, the Council shall— 
(1) serve as the oversight body for the design 
and implementation of all aspects of the observing 
system; 
(2) adopt plans, budgets, and standards that 
are developed and maintained by the interagency 
program office in consultation with the regional as-
sociations; 
(3) coordinate the observing system with other 
earth observing activities, including the Global 
Ocean Observing System and the Global Earth Ob-
serving System of Systems; 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
178 
(4) coordinate and administer programs of re-
search, development, education, and outreach to— 
(A) support improvements to, and the op-
eration of, an integrated ocean and coastal ob-
serving system; and 
(B) advance the understanding of the 
oceans; 
(5) establish pilot projects to develop technology 
and methods for advancing the development of the 
observing system; 
(6) provide, as appropriate, support for and 
representation on United States delegations to inter-
national meetings on ocean and coastal observing 
programs; and 
(7) in consultation with the Secretary of State, 
coordinate relevant Federal activities with those of 
other nations. 
(d) INTERAGENCY PROGRAM OFFICE.— 
(1) IN GENERAL.—The Council shall establish 
an interagency program office to be known as ‘‘Oce-
anUS’’. 
(2) RESPONSIBILITIES.—The interagency pro-
gram office shall be responsible for program plan-
ning and coordination of the observing system. 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00178
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
179 
(3) REQUIREMENTS.—The interagency program 
office shall— 
(A) prepare annual and long-term plans 
for consideration by the Council for the design 
and implementation of the observing system 
that promote collaboration among Federal 
agencies and regional associations in developing 
the global and national observing systems, in-
cluding identification and refinement of a core 
set of variables to be measured by all systems; 
(B) coordinate the development of agency 
priorities and budgets for implementation of the 
observing system, including budgets for the re-
gional associations; 
(C) establish and refine standards and pro-
tocols for data management and communica-
tions, including quality standards, in consulta-
tion with participating Federal agencies and re-
gional associations; 
(D) develop a process for the certification 
and periodic review and recertification of the re-
gional associations; 
(E) establish an external technical com-
mittee to provide biennial review of the observ-
ing system; and 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
180 
(F) provide for opportunities to partner or 
contract with private sector companies in de-
ploying ocean observation system elements. 
(e) LEAD FEDERAL AGENCY.— 
(1) IN GENERAL.—The National Oceanic and 
Atmospheric Administration shall be the lead Fed-
eral agency for implementation and operation of the 
observing system. 
(2) REQUIREMENTS.—Based on the plans pre-
pared by the interagency program office and adopted 
by the Council, the Administrator of the National 
Oceanic and Atmospheric Administration shall— 
(A) coordinate implementation, operation, 
and improvement of the observing system; 
(B) establish efficient and effective admin-
istrative procedures for allocation of funds 
among Federal agencies and regional associa-
tions in a timely manner and according to the 
budget adopted by the Council; 
(C) implement and maintain appropriate 
elements of the observing system; 
(D) provide for the migration of scientific 
and technological advances from research and 
development to operational deployment; 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00180
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
181 
(E) integrate and extend existing programs 
and pilot projects into the operational observa-
tion system; 
(F) certify regional associations that meet 
the requirements of subsection (f); and 
(G) integrate the capabilities of the Na-
tional Coastal Data Development Center and 
the Coastal Services Center of the National 
Oceanic and Atmospheric Administration, and 
other appropriate centers, into the observing 
system to assimilate, manage, disseminate, and 
archive data from regional observation systems 
and other observation systems. 
(f) REGIONAL ASSOCIATIONS OF OCEAN AND COAST-
AL OBSERVING SYSTEMS.— 
(1) IN
GENERAL.—The Administrator of the 
National Oceanic and Atmospheric Administration 
may certify 1 or more regional associations to be re-
sponsible for the development and operation of re-
gional ocean and coastal observing systems to meet 
the information needs of user groups in the region 
while adhering to national standards. 
(2) REQUIREMENTS.—To be certifiable by the 
Administrator, a regional association shall— 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00181
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
182 
(A) demonstrate an organizational struc-
ture capable of supporting and integrating all 
aspects of ocean and coastal observing and in-
formation programs within a region; 
(B) operate under a strategic operations 
and business plan that details the operation and 
support of regional ocean and coastal observing 
systems in accordance with the standards estab-
lished by the Council; 
(C) provide information products for mul-
tiple users in the region; 
(D) work with governmental entities and 
programs at all levels within the region to pro-
vide timely warnings and outreach to protect 
the public; and 
(E) meet certification standards developed 
by the interagency program office in conjunc-
tion with the regional associations and approved 
by the Council. 
(g) PROHIBITION ON LOBBYING.—Nothing in this 
Act authorizes a regional association to engage in lobbying 
activities (as defined in section 3 of the Lobbying Disclo-
sure Act of 1995 (2 U.S.C. 1602)). 
(h) CIVIL
LIABILITY.—For purposes of section 
1346(b)(1) and chapter 171 of title 28, United States 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
183 
Code, the Suits in Admiralty Act (46 U.S.C. App. 741 
et seq.), and the Public Vessels Act (46 U.S.C. App. 781 
et seq.)— 
(1) any regional ocean and coastal observing 
system that is a designated part of a regional asso-
ciation certified under this section shall, in carrying 
out the purposes of this Act, be considered to be 
part of the National Oceanic and Atmospheric Ad-
ministration; and 
(2) any employee of that system, while acting 
within the scope of the employment of the employee, 
carrying out those purposes, shall be considered to 
be an employee of the Government. 
SEC. 713. RESEARCH, DEVELOPMENT, AND EDUCATION. 
The Council shall establish programs for research, 
development, education, and outreach for the ocean and 
coastal observing system, including projects under the Na-
tional Oceanographic Partnership Program, consisting 
of— 
(1) basic research to advance knowledge of 
ocean and coastal systems and ensure continued im-
provement of operational products, including related 
infrastructure and observing technology; 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
184 
(2) focused research projects to improve under-
standing of the relationship between the coasts and 
oceans and human activities; 
(3) large-scale computing resources and re-
search to advance modeling of ocean and coastal 
processes; and 
(4) a coordinated effort to build public edu-
cation and awareness of the ocean and coastal envi-
ronment and functions that integrates ongoing ac-
tivities, including the National Sea Grant College 
Program, the Centers for Ocean Sciences Education 
Excellence, and the National Estuarine Research 
Reserve System. 
SEC. 714. INTERAGENCY FINANCING. 
(a) IN GENERAL.—The departments and agencies 
represented on the Council may participate in interagency 
financing and share, transfer, receive, obligate, and ex-
pend funds appropriated to any member of the Council 
to carry out any administrative or programmatic project 
or activity under this Act or under the National Oceano-
graphic Partnership Program, including support for the 
interagency program office, a common infrastructure, and 
system integration for a ocean and coastal observing sys-
tem. 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
185 
(b) TRANSFER OF FUNDS.—Funds may be trans-
ferred among the departments and agencies described in 
subsection (a) through an appropriate instrument that 
specifies the goods, services, or space being acquired from 
another Council member and the costs of the same. 
SEC. 715. APPLICATION WITH OUTER CONTINENTAL SHELF 
LANDS ACT. 
Nothing in this Act supersedes, or limits the author-
ity of the Secretary of the Interior under, the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1331 et seq.). 
SEC. 716. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to the National Oceanic and Atmospheric Adminis-
tration to carry out the observing system under section 
712 and the research and development program under sec-
tion 713 (including financial assistance to the interagency 
program office, the regional associations for the implemen-
tation of regional ocean and coastal observing systems, 
and the departments and agencies represented on the 
Council) $150,000,000 for each of fiscal years 2007 
through 2011, to remain available until expended. 
(b) ALLOCATION OF FUNDS.—At least 50 percent of 
the funds appropriated to carry out the observing system 
under section 712 shall be allocated to the regional asso-
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
186 
ciations certified under section 712(f) to carry out regional 
ocean and coastal observing systems. 
SEC. 717. REPORTING REQUIREMENT. 
(a) IN GENERAL.—Not later than March 31, 2010, 
the President, acting through the Council, shall submit to 
Congress a report on the programs established under sec-
tions 712 and 713. 
(b) REQUIREMENTS.—The report shall include— 
(1) a description of activities carried out under 
the programs; 
(2) an evaluation of the effectiveness of the pro-
grams; and 
(3) recommendations concerning reauthoriza-
tion of the programs and funding levels for the pro-
grams in succeeding fiscal years. 
Subtitle C—Great Lakes Water 
Quality Indicators and Monitoring 
SEC. 721. GREAT LAKES WATER QUALITY INDICATORS AND 
MONITORING. 
Section 118(c)(1) of the Federal Water Pollution 
Control Act (33 U.S.C. 1268(c)(1)) is amended by strik-
ing subparagraph (B) and inserting the following: 
‘‘(B)(i) not later than 2 years after the 
date of enactment of this clause, in cooperation 
with Canada and appropriate Federal agencies 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
187 
(including the United States Geological Survey, 
the National Oceanic and Atmospheric Admin-
istration, and the United States Fish and Wild-
life Service), develop and implement a set of 
science-based indicators of water quality and re-
lated environmental factors in the Great Lakes, 
including, at a minimum, measures of toxic pol-
lutants that have accumulated in the Great 
Lakes for a substantial period of time, as deter-
mined by the Program Office; 
‘‘(ii) not later than 4 years after the date 
of enactment of this clause— 
‘‘(I) establish a Federal network for 
the regular monitoring of, and collection of 
data throughout, the Great Lakes basin 
with respect to the indicators described in 
clause (i); and 
‘‘(II) collect an initial set of bench-
mark data from the network; and 
‘‘(iii) not later than 2 years after the date 
of collection of the data described in clause 
(ii)(II), and biennially thereafter, in addition to 
the report required under paragraph (10), sub-
mit to Congress, and make available to the pub-
lic, a report that— 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
188 
‘‘(I) describes the water quality and 
related environmental factors of the Great 
Lakes (including any changes in those fac-
tors), as determined through the regular 
monitoring of indicators under clause 
(ii)(I) for the period covered by the report; 
and 
‘‘(II) identifies any emerging problems 
in the water quality or related environ-
mental factors of the Great Lakes;’’. 
TITLE VIII—SUSTAINABLE 
DEVELOPMENT 
SEC. 801. WATERFRONT RESTORATION AND REMEDIATION 
PROJECTS. 
(a) DEFINITIONS.—In this section: 
(1) RELATED AREA.—The term ‘‘related area’’ 
means land— 
(A) located adjacent to, or in close prox-
imity of, a waterfront area; and 
(B) that impacts or influences a waterfront 
area or an aquatic habitat. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce, acting through the 
Under Secretary for Oceans and Atmosphere. 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS