Lakes mayors a Comprehensive Great Lakes Management 
Plan (in this section referred to as the ‘‘plan’’). 
(b) PURPOSE.—The plan shall establish goals for the 
future of the Great Lakes System and programmatic steps 
to achieve the goals. The plan shall also contain a detailed 
statement of the findings and conclusions of the Board 
and recommended funding levels to assist the Great Lakes 
States in achieving the goals. 
(c) GOALS ASSESSMENT.—In developing the plan, the 
Board shall consider the following as possible goals for the 
Great Lakes ecosystem: 
(1) TOXIC HOT SPOTS.—Implementing clean up 
activities at not less than 10 of the 31 areas of con-
cerns in the United States within 2 years of the date 
of enactment of this Act. 
(2) INVASIVE
SPECIES.—Establishing proce-
dures and programs to eliminate the introduction of 
invasive species into the Great Lakes and to dra-
matically reduce the population of nonindigenous 
species in the Great Lakes. Further, States should 
coordinate with the Federal Government to reestab-
lish Great Lakes native species populations. 
(3) POLLUTION.—Dramatically decreasing the 
introduction of pollution into the Great Lakes 
through nonpoint source pollution, and eliminating
all forms of toxic deposition in the Great Lakes, in-
cluding mercury, arsenic, polychlorinated biphenyls 
(PCB’s), and other hazardous materials within 10 
years of the date of enactment of this Act. 
(4) RESTORING
AND
CONSERVING
WETLANDS 
AND CRITICAL COASTAL HABITAT.—Preserving, re-
storing, and enhancing at least 100,000 acres of 
coastal and inland wetlands within the Great Lakes 
System in order to improve water quality. 
(5) ELIMINATING DEAD ZONES.—Increasing ef-
forts to eliminate dead zones in the Great Lakes, in-
cluding research into and elimination of hypoxia and 
harmful algal bloom in the Great Lakes. 
(6) ENSURING
THE
SUSTAINABLE
USE
OF 
WATER RESOURCES.—Ensuring the sustainable use 
and management of Great Lakes water resources to 
protect environmental quality in the Great Lakes 
States. 
(7) PUBLIC PARTICIPATION.—Encouraging pub-
lic participation in Great Lakes restoration, includ-
ing—
(A) by 2006, establishment of a public 
website to enable individuals to obtain informa-
tion on water quality, beach conditions, sewage
overflows, and industrial discharge throughout 
the Great Lakes; 
(B) by 2006, ensuring that all Great 
Lakes States have beach monitoring facilities at 
all public beaches; and 
(C) by 2006, ensuring that Great Lakes 
States begin educating the public on proper 
Great Lakes stewardship. 
(d) DEVELOPMENT
OF PLAN.—In developing the 
plan, the Board shall—
(1) consider existing research on the Great 
Lakes System, including the work of the Great 
Lakes Regional Collaboration, individual Lakewide 
Management Plans, and research by nongovern-
mental organizations; 
(2) evaluate current State and Federal pro-
grams to restore the Great Lakes System and rec-
ommend whether the programs should be continued, 
eliminated, or combined with other efforts; 
(3) evaluate the current funding structure for 
Great Lakes restoration and recommend a process 
for developing a single funding source; 
(4) avoid duplication of effort;
(5) strive to incorporate the ideas of the 
Board’s working groups and develop compromises 
when conflicts arise among the working groups; 
(6) develop a series of scientifically sound indi-
cators for the health of the Great Lakes System; 
and 
(7) overall, work to dramatically improve the 
quality of the Great Lakes System. 
(e) PUBLIC INPUT.—In preparing the plan, the 
Board shall provide notice and an opportunity for public 
comment. 
SEC. 6. STATE GREAT LAKES MANAGEMENT PLANS. 
(a) ELIGIBILITY FOR APPORTIONMENTS.—
(1) IN GENERAL.—In order to be eligible to re-
ceive an apportionment under section 7 for a fiscal 
year, a Great Lakes State shall have in effect a 
State Great Lakes Management Plan (in this section 
referred to as a ‘‘State plan’’) that has been devel-
oped by the Governor of the State and approved by 
the Administrator of the Environmental Protection 
Agency. 
(2) INITIAL
APPORTIONMENT.—For the first 
fiscal year for which amounts are appropriated to 
carry out this Act, the Administrator may make an 
apportionment to a Great Lakes State under section
7 even if the State does not have in effect a State 
plan that has been approved by the Administrator if 
the State provides assurances satisfactory to the Ad-
ministrator that the State will—
(A) use not to exceed $500,000 of the 
amount of the apportionment for the develop-
ment of a State plan; and 
(B) submit a State plan to the Adminis-
trator for approval, not later than 180 days 
after the date of receipt of the apportionment. 
The Administrator may withhold a portion of a 
State’s initial apportionment until approval of the 
State’s plan. 
(b) APPROVAL OF PLANS.—
(1) IN GENERAL.—The Administrator shall ap-
prove a State plan if the State plan—
(A)(i) is consistent with the Comprehensive 
Great Lakes Management Plan developed under 
section 5; or 
(ii) with respect to State plans submitted 
before completion of the Comprehensive Great 
Lakes Management Plan, is consistent with 
Lakewide Management Plans, the Great Lakes 
Strategy 2002 developed by the United States 
Policy Committee for the Great Lakes, dated
April 2002, and the work of the Great Lakes 
Regional Collaboration; 
(B) utilizes sound scientific approaches, as 
defined by the Board’s scientific working group; 
and 
(C) otherwise meets the requirements of 
this section. 
(2) PERIOD
OF
REVIEW.—The Administrator 
shall approve or disapprove a State plan of a Great 
Lakes State, or an update of a State plan submitted 
under subsection (c), on or before the date that is 
60 days after the date of receipt of the plan or up-
date. If the Administrator does not approve or dis-
approve a State plan or update before that date, the 
State plan or update shall be deemed approved. 
(3) APPEALS AND RESUBMISSIONS.—The Ad-
ministrator shall establish procedures for appealing 
a decision to disapprove a plan under this section 
and for resubmission of modified plans following a 
disapproval. 
(c) UPDATED PLANS.—A Great Lakes State shall up-
date its State plan every 2 years and submit the updated 
plan to the Administrator for approval. 
(d) IMPLEMENTATION OF PLANS.—
(1) IN GENERAL.—Amounts apportioned to a 
Great Lakes State under section 7 shall be used by 
the State to carry out programs and activities de-
scribed in its State plan that address one or more 
of the following purposes: 
(A) Reduction and elimination of toxic 
sediments. 
(B) Elimination of invasive species. 
(C) Reduction of pollution from runoff and 
sewage overflows. 
(D) Restoration and conservation of wet-
lands and critical habitat within the Great 
Lakes System. 
(E) Increasing public education on Great 
Lakes restoration issues. 
(2) PRIORITY.—In allocating amounts received 
in apportionments under section 7, a State shall give 
priority to programs and activities for the remedi-
ation of toxic sediments and slowing non-point 
source pollution. 
(3) LIMITATIONS.—
(A) 
EXPERIMENTAL
PROGRAMS.—Not 
more than 5 percent of the amounts appor-
tioned to a State under section 7 in a fiscal
year may be used for experimental programs, as 
determined by the Administrator. 
(B) 
PROHIBITED
PROJECTS.—Amounts 
apportioned to a State under section 7 in a fis-
cal year may not be used for any of the fol-
lowing: 
(i) Road projects (other than projects 
required for sewer upgrades). 
(ii) Beautification projects (other than 
projects developed in conjunction with a 
restoration project and consistent with 
Lakewide Management Plans). 
(iii) Projects to address violations of 
the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.), the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et 
seq.), or any other environmental law or 
regulation. 
(e) OTHER FUNDING REQUIREMENTS.—In order to 
be eligible to receive an apportionment under section 7 for 
a fiscal year, a Great Lakes State shall provide assurances 
satisfactory to the Administrator that the State will com-
ply with the following terms and conditions: 
(1) The State will contribute from non-Federal 
sources 30 percent of the cost of carrying out pro-
grams and activities funded using amounts from the 
apportionments. Such contributions may include in-
kind contributions. 
(2) The State will maintain expenditures for 
Great Lakes management programs and activities at 
a level that does not fall below the average level of 
such expenditures for the preceding 2 fiscal years of 
the State. 
(3) The State will expend not more than 1 per-
cent of the amounts received by the State in appor-
tionments in a fiscal year for the State’s administra-
tive expenses. 
(f) INELIGIBLE STATES.—If one or more of the Great 
Lakes States is not eligible to receive apportionments 
under section 7 for a fiscal year, the Administrator shall 
apportion amounts that would otherwise be apportioned 
to the State or States among the eligible Great Lakes 
States. 
SEC. 7. FUNDING. 
(a) APPORTIONMENT
FORMULA.—Amounts made 
available to carry out this section for a fiscal year shall 
be apportioned by the Administrator of the Environmental 
Protection Agency on the first day of the fiscal year 
among the Great Lakes States eligible for an apportion-
ment as follows:
(1) 30 percent of the amounts in the ratio 
that—
(A) the population of each Great Lakes 
State bears to 
(B) the population of all Great Lakes 
States. 
(2) 13.3 percent of the amounts in the ratio 
that—
(A) the number of square miles of Great 
Lakes watershed in each Great Lakes State; 
bears to 
(B) the number of square miles of Great 
Lakes watershed in all Great Lakes States. 
(3) 13.3 percent of the amounts in the ratio 
that—
(A) the number of areas of concern in each 
Great Lakes State; bears to 
(B) the number of areas of concern in all 
Great Lakes States. 
(4) 13.3 percent of the amounts in the ratio 
that—
(A) the number of critical areas (as de-
fined by the Director of the United States Fish 
and Wildlife Service) in each Great Lakes 
State; bears to
(B) the number of critical areas (as de-
fined by the Director of the United States Fish 
and Wildlife Service) in all Great Lakes States. 
(5) The remainder of the amounts in the ratio 
that—
(A) the number of households that in cal-
endar year 2000 received water from the Great 
Lakes in each Great Lakes State; bears to 
(B) the number of households that in cal-
endar year 2000 received water from the Great 
Lakes in all Great Lakes States. 
(b) MAXIMUM AND MINIMUM APPORTIONMENTS.—
Notwithstanding subsection (a), a Great Lakes State that 
is eligible to receive an apportionment under this section 
for a fiscal year may not receive more than 30 percent, 
nor less than 6 percent, of the amounts apportioned for 
the fiscal year. 
(c) APPORTIONMENT DETERMINATIONS.—
(1) IN GENERAL.—Determinations made by the 
Administrator in making apportionments under sub-
section (a) shall be final. 
(2) WATER USE.—The Administrator shall re-
duce the amount that otherwise would be appor-
tioned to a Great Lakes State under subsection 
(a)(5) if the State allows water from the Great
Lakes to be exported beyond its borders. The 
amount of the reduction shall be determined by the 
Administrator based on the amount of water ex-
ported. 
(d) DEDUCTIONS.—Whenever an apportionment is 
made of the amounts made available to carry out this sec-
tion, the Administrator shall deduct—
(1) 2 percent of the amounts, to be allocated to 
the Great Lakes Advisory Board for administration, 
research, and public education, including awarding 
grants to museums and advertising expenses; 
(2) $300,000 of the amounts, to be allocated to 
the Administrator for administrative expenses in 
carrying out this section; 
(3) $15,000,000 of the amounts, to be allocated 
to the Administrator for strengthening enforcement 
activities under the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) for the Great Lakes 
System; and 
(4) 2 percent of the amounts, to be allocated to 
the State of Illinois for a project to establish a per-
manent invasive species barrier between the Mis-
sissippi River and Lake Michigan until completion of 
the project or until the project has received suffi-
cient funding from other Federal sources.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this section $800,000,000 
for each of fiscal years 2006 through 2010. Such 
sums shall remain available until expended. 
(2) GREAT
LAKES
NATIONAL
PROGRAM
OF-
FICE.—In addition to amounts authorized in other 
Acts, there is authorized to be appropriated to the 
Great Lakes National Program Office of the Envi-
ronmental Protection Agency $5,000,000 for each of 
fiscal years 2006 through 2010. Such sums shall re-
main available until expended. 
SEC. 8. APPOINTMENT OF SPECIAL MASTERS FOR AREAS 
OF CONCERN. 
(a) APPOINTMENT.—Notwithstanding any other pro-
vision of law, the Administrator of the Environmental Pro-
tection Agency may appoint a special master to direct the 
remediation of an area of concern. 
(b) NOTICE.—The Administrator shall publish in the 
Federal Register notice of the appointment of a special 
master under subsection (a) at least 12 months before the 
date of the appointment. 
(c) POWERS.—Notwithstanding any other provision 
of law, the special master shall have the authority to direct
the remediation of an area of concern, consistent with all 
applicable Federal, State, and local environmental laws. 
(d) CONSULTATION.—Following the publication of 
notice of the appointment of a special master under sub-
section (b), the Administrator shall facilitate the coordina-
tion of all appropriate Federal, State, and local authorities 
for remediation of the area of concern. 
(e) FINAL APPOINTMENT.—Before final appointment 
of the special master, the Administrator shall reevaluate 
the need for the appointment.
Æ