SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The Great Lakes, and their connecting 
channels, form the largest freshwater system on 
Earth, holding 1⁄5 of the fresh surface water supply 
of the world and 9⁄10 of the fresh surface water sup-
ply of the United States. 
(2) Thirty years after enactment of the Clean 
Water Act, water quality in the Great Lakes has im-
proved, but the Great Lakes remain in a crisis state. 
(3) Evidence of such deterioration includes—
(A) a record 897 Great Lakes beach clos-
ings in 2002; 
(B) an increase to 20 percent in the per-
centage of Great Lakes shoreline that contains 
polluted sediments; and 
(C) 1,500 fish consumption advisories re-
lating to the Great Lakes issued by State and 
local authorities. 
(4) The Great Lakes are the source of drinking 
water for 28,000,000 people in the United States 
and 40,000,000 people in both the United States 
and Canada. 
(5) It is the responsibility of all governments, 
local, State, and Federal, to ensure that the Great 
Lakes remain a source of clean and safe drinking
water, fish that are safe to eat, and beaches that are 
safe for swimming. 
SEC. 3. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) AREA OF CONCERN.—The term ‘‘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. 
(2) GREAT LAKES.—The term ‘‘Great Lakes’’ 
means Lake Ontario, Lake Erie, Lake Huron (in-
cluding 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). 
(3) GREAT LAKES SYSTEM.—The term ‘‘Great 
Lakes System’’ means all the streams, rivers, lakes, 
and other bodies of water within the drainage basin 
of the Great Lakes, including ground water that 
flows into those bodies of water. 
(4) GREAT
LAKES
WATER
QUALITY
AGREE-
MENT.—The term ‘‘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. 
(5) INTERNATIONAL JOINT COMMISSION.—The 
term ‘‘International Joint Commission’’ means the 
International Joint Commission established by the 
Treaty between the United States and Great Britain 
Relating to Boundary Waters, and Questions Arising 
Between the United States and Canada, signed at 
Washington on January 11, 1909. 
(6) LAKEWIDE MANAGEMENT PLAN.—The term 
‘‘Lakewide Management Plan’’ means a written doc-
ument which embodies a systematic and comprehen-
sive 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 Agree-
ment. 
(7) REMEDIAL ACTION PLAN.—The term ‘‘Re-
medial Action Plan’’ means a written document 
which embodies a systematic and comprehensive eco-
system 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.
SEC. 4. GREAT LAKES ADVISORY BOARD. 
(a) ESTABLISHMENT.—There is established the 
Great Lakes Advisory Board. 
(b) DUTIES.—Subject to the requirements of this 
Act, the Board shall—
(1) develop a biennial comprehensive Great 
Lakes management plan under section 5; 
(2) coordinate Great Lakes restoration efforts; 
and 
(3) implement a public awareness campaign. 
(c) MEMBERSHIP.—
(1) NUMBER AND APPOINTMENT.—The Board 
shall be composed of the following members (or des-
ignees of the members): 
(A) 8 shall be the Governors of the Great 
Lakes States. 
(B) 1 shall be a representative of the 
International Joint Commission, to be ap-
pointed by the International Joint Commission. 
(C) 1 shall be the Director of the Great 
Lakes National Program Office of the Environ-
mental Protection Agency. 
(D) 1 shall be the Chief of Engineers. 
(E) 1 shall be the Director of the United 
States Fish and Wildlife Service. 
(F) 1 shall be the Secretary of Agriculture.
(G) 1 shall be the Administrator of the 
National Oceanographic and Atmospheric Ad-
ministration. 
(H) 1 shall be the Secretary of the depart-
ment in which the Coast Guard is operating. 
(I) 3 shall be representatives of the 3 larg-
est Indian tribes in the Great Lakes States (ex-
cept that each of the 3 representatives must be 
from a different State), to be appointed by the 
President. 
(J) 3 shall be representatives of businesses 
with a direct effect on the Great Lakes (includ-
ing 1 representative of a large company and one 
representative of a small business), to be ap-
pointed by the President. 
(K) 3 shall be representatives of private 
non-profit organizations that are active in 
Great Lakes restoration work and have at least 
10,000 members in all of the Great Lakes 
States or 1,000 members in any single Great 
Lakes State, to be appointed by the President, 
with consideration given to selecting representa-
tives reflecting the diverse nature of opinions 
throughout the Great Lakes States.
(L) 8 shall be chief executives of cities, 
counties, or municipalities in the Great Lakes 
States and selected by the Steering Committee 
of the Great Lakes Cities Initiative, including 1 
member from each Great Lakes State. 
(2) NONVOTING OBSERVERS.—The Board may 
include nonvoting observers, including the following: 
(A) The Premiers of the Canadian Prov-
inces of Ontario and Quebec. 
(B) A representative of the Government of 
Canada. 
(C) A representative of the State Depart-
ment. 
(D) 2 representatives of the environmental 
community selected by the cochairpersons of the 
Board. 
(E) 2 representatives of industry selected 
by the cochairpersons of the Board. 
(F) The Chairman of the United States 
section of the International Joint Committee. 
(G) The Vice Chair of the United States 
section of the Great Lakes Fishery Commission. 
(3) ORGANIZATION.—The Board may organize 
itself into subcommittees.
(4) DATE
OF
APPOINTMENTS.—The appoint-
ment of each member of the Board shall be made 
not later than 90 days after the date of enactment 
of this Act. 
(5) TERM; VACANCIES.—
(A) TERM.—Each member to be appointed 
to the Board shall be appointed for a term of 
2 years. 
(B) 
VACANCIES.—A 
vacancy 
on 
the 
Board—
(i) shall not affect the powers of the 
Board; and 
(ii) shall be filled in the same manner 
as the original appointment was made. 
(6) INITIAL MEETING.—Not later than 30 days 
after the date on which all members of the Board 
have been appointed, the Board shall hold the initial 
meeting of the Board. 
(7) MEETINGS.—The Board shall meet at the 
call of the cohairpersons on at least a quarterly 
basis. 
(8) QUORUM.—A majority of the members of 
the Board shall constitute a quorum, but a lesser 
number of members may hold hearings. 
(9) COCHAIRPERSONS.—
(A) SELECTION.—The Board shall select 4 
cochairpersons of the Board, of which cochair-
persons—
(i) 2 shall be elected by the individ-
uals referred to in paragraph (1)(A) from 
among those individuals, each of whom 
shall be of different political parties; 
(ii) 1 shall be elected by the individ-
uals referred to in paragraph (1)(L) from 
among those individuals; and 
(iii) 1 shall be the Director of the 
Great Lakes National Program Office. 
(B) DUTIES.—A majority of the cochair-
persons shall—
(i) call meetings and hearings; and 
(ii) make administrative and per-
sonnel decisions. 
(10) SCIENTIFIC WORKING GROUP.—
(A) MEMBERSHIP.—The Board shall have 
a scientific working group composed of 1 indi-
vidual from each Great Lakes State, to be ap-
pointed by the Board. 
(B) 
QUALIFICATIONS.—Each 
individual 
appointed under subparagraph (A) shall be—
(i) a faculty member at a nationally 
accredited university with an accredited 
natural resources program; 
(ii) actively involved in a field related 
to Great Lakes ecology; and 
(iii) recommended to the Board by the 
university’s president. 
(C) DUTIES.—The scientific working group 
shall evaluate the scientific integrity of the 
Great Lakes restoration effort and assist the 
Board in its decisionmaking. The scientific 
working group shall use peer reviewed scientific 
research in carrying out its duties. 
(D) CHAIRPERSON
AND
VICE
CHAIR-
PERSON.—The scientific working group shall 
have a chairperson and vice chairperson elected 
by its members. 
(d) POWERS.—
(1) HEARINGS.—The Board may hold such 
hearings, meet and act at such times and places, 
take such testimony, and receive such evidence as 
the Board considers advisable to carry out this Act. 
(2) INFORMATION FROM FEDERAL AGENCIES.—
(A) IN GENERAL.—The Board may obtain 
directly from a Federal agency such informa-
tion (including all existing information relating 
to the environmental restoration, protection, 
and recovery of the Great Lakes) as the Board 
considers necessary to carry out this Act. 
(B) PROVISION OF INFORMATION.—On re-
quest of a cochairperson of the Board, the head 
of the agency shall provide the information de-
scribed in subparagraph (A) to the Board. 
(3) POSTAL
SERVICES.—The Board may use 
the United States mails in the same manner and 
under the same conditions as other agencies of the 
Federal Government. 
(4) GIFTS.—The Board may accept, use, and 
dispose of gifts or donations of services or property. 
(e) BOARD PERSONNEL MATTERS.—
(1) COMPENSATION OF MEMBERS.—
(A) NON-FEDERAL
EMPLOYEES.—Except 
as provided in paragraph (2), a member of the 
Board who is not an officer or employee of the 
Federal Government shall serve without com-
pensation. 
(B) FEDERAL
EMPLOYEES.—Except as 
provided in paragraph (2), a member of the 
Board who is an officer or employee of the Fed-
eral Government shall serve without compensa-
tion in addition to the compensation received 
for the services of the member as an officer or 
employee of the Federal Government. 
(2) TRAVEL
EXPENSES.—A member of the 
Board shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for 
an employee of an agency under subchapter I of 
chapter 57 of title 5, United States Code, while 
away from the home or regular place of business of 
the member in the performance of the duties of the 
Board. 
(3) STAFF.—
(A) IN GENERAL.—The cochairpersons of 
the Board may, without regard to the civil serv-
ice laws (including regulations), appoint and 
terminate an executive director and such other 
additional personnel as are necessary to enable 
the Board to perform the duties of the Board. 
(B) CONFIRMATION OF EXECUTIVE DIREC-
TOR.—The employment of an executive director 
shall be subject to confirmation by the Board. 
(C) COMPENSATION.—
(i) IN GENERAL.—Except as provided 
in clause (ii), the cochairpersons of the 
Board may fix the compensation of the ex-
ecutive director and other personnel with-
out regard to the provisions of chapter 51 
and subchapter III of chapter 53 of title 5, 
United States Code, relating to classifica-
tion of positions and General Schedule pay 
rates. 
(ii) MAXIMUM
RATE
OF
PAY.—The 
rate of pay for the executive director and 
other personnel shall not exceed the rate 
payable for level V of the Executive Sched-
ule under section 5316 of title 5, United 
States Code. 
(4) DETAIL
OF
FEDERAL
GOVERNMENT
EM-
PLOYEES.—
(A) IN
GENERAL.—An employee of the 
Federal Government may be detailed to the 
Board without reimbursement. 
(B) CIVIL SERVICE STATUS.—The detail of 
the employee shall be without interruption or 
loss of civil service status or privilege. 
(5) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT
SERVICES.—The cochairpersons of the 
Board may procure temporary and intermittent serv-
ices in accordance with section 3109(b) of title 5, 
United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of 
basic pay prescribed for level V of the Executive 
Schedule under section 5316 of that title. 
(f) NONAPPLICABILITY OF FACA.—The Board shall 
not be subject to the Federal Advisory Committee Act (5 
U.S.C. App.). 
(g) ANNUAL REPORT.—On or before December 31st 
of each year, the Board shall transmit to Congress a re-
port on the activities of the Board in the preceding year. 
SEC. 5. COMPREHENSIVE GREAT LAKES MANAGEMENT 
PLAN. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, and every 2 years there-
after, the Great Lakes Advisory Board shall transmit to 
the President, the appropriate committees of Congress, 
the Governor of each Great Lakes State, and the Great 
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 2004, 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 2004, ensuring that all Great 
Lakes States have beach monitoring facilities at 
all public beaches; and 
(C) by 2004, 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 Great Lakes Strategy 
2002, individual Lakewide Management Plans, and 
research by nongovernmental 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 and the Great 
Lakes Strategy 2002 developed by the United 
States Policy Committee for the Great Lakes, 
dated April 2002; 
(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