I 
111TH CONGRESS 
2D SESSION 
H. R. 4755 
To amend the Federal Water Pollution Control Act to protect and restore 
the Great Lakes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 4, 2010 
Mr. EHLERS (for himself, Mr. DINGELL, Mr. KIRK, and Ms. SLAUGHTER) in-
troduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure 
A BILL 
To amend the Federal Water Pollution Control Act to protect 
and restore the Great Lakes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Great Lakes Eco-
system Protection Act of 2010’’. 
SEC. 2. GREAT LAKES PROVISION MODIFICATIONS. 
(a) FINDINGS; PURPOSE.—Section 118(a) of the 
Federal Water Pollution Control Act (33 U.S.C. 1268(a)) 
is amended— 
(1) in paragraph (1)— 
VerDate Nov 24 2008 
04:23 Mar 05, 2010
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
tjames on DSKG8SOYB1PROD with BILLS
(A) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) the United States should seek to at-
tain the goals embodied in the Great Lakes 
Restoration Initiative Action Plan, the Great 
Lakes Regional Collaboration Strategy, and the 
Great Lakes Water Quality Agreement; and’’; 
and 
(B) in subparagraph (C), by inserting ‘‘, 
tribal,’’ after ‘‘State’’; and 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) PURPOSE.—The purpose of this section is 
to achieve the goals established in the Great Lakes 
Restoration Initiative Action Plan, the Great Lakes 
Regional Collaboration Strategy, and the Great 
Lakes Water Quality Agreement through— 
‘‘(A) improved organization and definition 
of mission on the part of the Agency; 
‘‘(B) the funding of grants for protection, 
restoration, and pollution control in the Great 
Lakes area; and 
‘‘(C) improved accountability.’’. 
VerDate Nov 24 2008 
04:23 Mar 05, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
tjames on DSKG8SOYB1PROD with BILLS
(b) GREAT LAKES MANAGEMENT.—Section 118(c) of 
the Federal Water Pollution Control Act (33 U.S.C. 
1268(c)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘,;’’ 
and inserting a semicolon; 
(B) by striking subparagraph (E); 
(C) by redesignating subparagraphs (C) 
and (D) as subparagraphs (E) and (F), respec-
tively; 
(D) in subparagraph (E) (as so redesig-
nated), by adding ‘‘and’’ at the end; 
(E) in subparagraph (F) (as so redesig-
nated), by striking ‘‘; and’’ and inserting a pe-
riod; and 
(F) by inserting after subparagraph (B) 
the following: 
‘‘(C) provide the support described in para-
graph (6); 
‘‘(D) coordinate with the Great Lakes 
Interagency Task Force, as required under 
paragraph (7);’’; 
(2) in paragraph (3)(C), by striking ‘‘subpara-
graph (c)(1)(C) of this section’’ and inserting ‘‘para-
graph (1)(E)’’; 
VerDate Nov 24 2008 
04:23 Mar 05, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
tjames on DSKG8SOYB1PROD with BILLS
(3) by striking paragraph (6) and inserting the 
following: 
‘‘(6) GREAT LAKES GOVERNANCE AND MANAGE-
MENT.— 
‘‘(A) GREAT
LAKES
LEADERSHIP
COUN-
CIL.— 
‘‘(i) ESTABLISHMENT.—There is es-
tablished a council, to be known as the 
Great Lakes Leadership Council (referred 
to in this paragraph as the ‘Council’). 
‘‘(ii) DUTIES.—The Council shall— 
‘‘(I) develop and establish Great 
Lakes protection and restoration pol-
icy; 
‘‘(II) approve long-term goals 
and objectives relating to Great Lakes 
protection and restoration, including 
the Great Lakes Restoration Initia-
tive; 
‘‘(III) establish annual priorities 
with respect to Great Lakes protec-
tion and restoration, including prior-
ities for the Great Lakes Restoration 
Initiative; 
VerDate Nov 24 2008 
04:23 Mar 05, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
tjames on DSKG8SOYB1PROD with BILLS
‘‘(IV) submit to Congress, the 
President, and the public reports de-
scribing progress made during the re-
porting period with respect to Great 
Lakes protection and restoration; 
‘‘(V) seek consensus among units 
of government and stakeholders re-
garding disputes relating to Great 
Lakes protection and restoration; 
‘‘(VI) determine a process for 
participation in relevant international 
forums, such as the Great Lakes 
Water Quality Agreement; and 
‘‘(VII) provide input annually re-
garding Federal budget priorities and 
levels for Great Lakes protection and 
restoration, including the Great Lakes 
Restoration Initiative. 
‘‘(iii) MEMBERSHIP.— 
‘‘(I) IN GENERAL.—The member-
ship of the Council shall include— 
‘‘(aa) 8 heads of Federal de-
partments and agencies, to be 
appointed by the President, in-
cluding— 
VerDate Nov 24 2008 
04:23 Mar 05, 2010
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
tjames on DSKG8SOYB1PROD with BILLS
mayors of areas located in the 
Great Lakes basin. 
‘‘(II) CHAIRPERSON.—The Ad-
ministrator shall serve as chairperson 
of the Council. 
‘‘(III) SECRETARY.—The Direc-
tor of the Program Office shall serve 
as secretary of, and provide adminis-
trative support to, the Council. 
‘‘(IV) OBSERVER
MEMBERS.— 
The membership of the Council shall 
include 1 observer member from each 
of— 
‘‘(aa) the International Joint 
Commission; 
‘‘(bb) the Great Lakes Fish-
ery Commission; 
‘‘(cc) the Great Lakes Com-
mission; and 
‘‘(dd) Canada. 
‘‘(iv) 
COMMITTEES.—The 
Council 
may establish such committees as the 
Council determines to be appropriate for 
issues including— 
‘‘(I) executive issues; 
VerDate Nov 24 2008 
04:23 Mar 05, 2010
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
tjames on DSKG8SOYB1PROD with BILLS
‘‘(II) science issues; 
‘‘(III) implementation issues; and 
‘‘(IV) funding issues. 
‘‘(v) MEETINGS.— 
‘‘(I) IN GENERAL.—The Council 
shall meet not less frequently than 
once each year. 
‘‘(II) OPEN
TO
PUBLIC.—The 
meetings of the Council shall be held 
open to the public. 
‘‘(vi) OPERATION.—The Council shall 
operate on a consensus basis. 
‘‘(vii) COSTS.—The Agency shall pay 
the operating costs of the Council. 
‘‘(B) GREAT
LAKES
MANAGEMENT
COM-
MITTEE.— 
‘‘(i) ESTABLISHMENT.—There is es-
tablished within the Council a committee, 
to be known as the ‘Great Lakes Manage-
ment Committee’. 
‘‘(ii) 
DUTIES.—The 
Great 
Lakes 
Management Committee shall— 
‘‘(I) submit reports to the Coun-
cil, including recommendations re-
garding relevant issues; 
VerDate Nov 24 2008 
04:23 Mar 05, 2010
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
tjames on DSKG8SOYB1PROD with BILLS
‘‘(II) provide direction for the 
planning, assessment, and reporting 
efforts of the Council; 
‘‘(III) monitor and assist in im-
plementation activities relating to 
Great Lakes management; and 
‘‘(IV) engage in ongoing problem 
solving regarding Great Lakes man-
agement. 
‘‘(iii) MEMBERSHIP.— 
‘‘(I) MEMBERSHIP.—The Great 
Lakes Management Committee shall 
consist of 11 members, of whom— 
‘‘(aa) 1 shall be appointed 
by each unit of government in-
cluded in the membership of the 
Council; 
‘‘(bb) 1 shall be appointed 
by the Great Lakes Commission; 
‘‘(cc) 1 shall be appointed by 
the International Joint Commis-
sion; 
‘‘(dd) 1 shall be appointed 
by the Great Lakes Fishery Com-
mission; 
VerDate Nov 24 2008 
04:23 Mar 05, 2010
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
tjames on DSKG8SOYB1PROD with BILLS
‘‘(ee) 1 shall be a represent-
ative of the environmental com-
munity in the Great Lakes, to be 
appointed by the Administrator, 
after soliciting advice from that 
community; 
‘‘(ff) 1 shall be a representa-
tive of the agricultural commu-
nity, to be appointed by the Ad-
ministrator, after soliciting ad-
vice from that community; 
‘‘(gg) 1 shall be a represent-
ative of Great Lakes industry, to 
be appointed by the Adminis-
trator, 
after 
soliciting 
advice 
from that industry; 
‘‘(hh) 1 shall be a represent-
ative of the scientific community, 
to be appointed by the Adminis-
trator, 
after 
soliciting 
advice 
from that community; and 
‘‘(ii) 1 shall be a representa-
tive of Canada, who shall serve 
as an observer member. 
VerDate Nov 24 2008 
04:23 Mar 05, 2010
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
tjames on DSKG8SOYB1PROD with BILLS
‘‘(II) CHAIRPERSON.—The senior 
advisor on Great Lakes of the Agency 
(or a designee) shall serve as chair-
person of the Great Lakes Manage-
ment Committee. 
‘‘(III) SECRETARY.—The Direc-
tor of the Program Office shall serve 
as secretary of, and provide adminis-
trative support to, the Great Lakes 
Management Committee. 
‘‘(iv) MEETINGS.— 
‘‘(I) IN
GENERAL.—The Great 
Lakes Management Committee shall 
meet not less frequently than once 
each quarter. 
‘‘(II) OPEN TO PUBLIC.— 
‘‘(aa) IN
GENERAL.—Sub-
ject to item (bb), the meetings of 
the Great Lakes Management 
Committee shall be held open to 
the public. 
‘‘(bb) 
EXECUTIVE
SES-
SIONS.—The Great Lakes Man-
agement Committee may hold ex-
VerDate Nov 24 2008 
04:23 Mar 05, 2010
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
tjames on DSKG8SOYB1PROD with BILLS
ecutive sessions that are closed to 
the public. 
‘‘(v) OPERATION.—The Great Lakes 
Management Committee shall operate on a 
consensus basis. 
‘‘(vi) COSTS.—The Agency shall pay 
the operating costs of the Great Lakes 
Management Committee.’’; 
(4) by striking paragraph (7) and inserting the 
following: 
‘‘(7) 
GREAT
LAKES
INTERAGENCY
TASK 
FORCE.— 
‘‘(A) ESTABLISHMENT.—There is estab-
lished a task force, to be known as the ‘Great 
Lakes Interagency Task Force’. 
‘‘(B) COORDINATION.—The Program Of-
fice shall coordinate, to the maximum extent 
practicable, with the Great Lakes Interagency 
Task Force established by subparagraph (A).’’; 
(5) in paragraph (8)— 
(A) by redesignating subparagraphs (A) 
through (C) as clauses (i) through (iii), respec-
tively, and indenting the clauses appropriately; 
(B) by striking ‘‘The Administrator’’ and 
inserting the following: 
VerDate Nov 24 2008 
04:23 Mar 05, 2010
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
tjames on DSKG8SOYB1PROD with BILLS
‘‘(A) IN GENERAL.—The Administrator’’; 
and 
(C) by adding at the end the following: 
‘‘(B) ANNUAL REPORTS.—Not later than 
30 days after the date of publication of the 
budget for a fiscal year, the Administrator shall 
submit to Congress a report that describes— 
‘‘(i) with respect to each organiza-
tional element of the Agency referred to in 
subparagraph (A)— 
‘‘(I) the budget of the element 
for Great Lakes restoration activities 
for the applicable fiscal year; 
‘‘(II) each Great Lakes restora-
tion activity to be carried out by the 
element during the applicable fiscal 
year; and 
‘‘(III) 
the 
means 
by 
which 
progress made on those activities will 
be evaluated; and 
‘‘(ii) 
with 
respect 
to 
each 
rec-
ommendation submitted by the Great 
Lakes Leadership Council during the pre-
ceding fiscal year, the reasons why the Ad-
VerDate Nov 24 2008 
04:23 Mar 05, 2010
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
tjames on DSKG8SOYB1PROD with BILLS
ministrator approved or disapproved the 
recommendation.’’; 
(6) in paragraph (12)(H), by striking clause (i) 
and inserting the following: 
‘‘(i) AUTHORIZATION.—In addition to 
other amounts authorized to be appro-
priated pursuant to this section, there are 
authorized to be appropriated to carry out 
this paragraph— 
‘‘(I) $50,000,000 for each of fis-
cal years 2004 through 2010; and 
‘‘(II) $150,000,000 for each of 
fiscal years 2011 through 2015.’’; and 
(7) by adding at the end the following: 
‘‘(14) GREAT
LAKES
RESTORATION
INITIA-
TIVE.— 
‘‘(A) FINDINGS.—Congress finds that— 
‘‘(i) the goal of the Great Lakes pro-
gram of the Agency is to restore and main-
tain the chemical, physical, and biological 
integrity of the Great Lakes basin eco-
system; and 
‘‘(ii) in 2010, the Agency, in coordina-
tion with Federal partners, will commence 
implementation of a new Great Lakes Res-
VerDate Nov 24 2008 
20:26 Mar 08, 2010
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
tjames on DSKG8SOYB1PROD with BILLS
toration Initiative (referred to in this para-
graph as the ‘Initiative’), which will— 
‘‘(I) 
identify 
programs 
and 
projects that are strategically selected 
to target the most significant environ-
mental problems in the Great Lakes 
ecosystem; 
‘‘(II) be based on the work of— 
‘‘(aa) the Great Lakes Inter-
agency Task Force established by 
paragraph (7)(A); and 
‘‘(bb) the stakeholders and 
nongovernmental partners of the 
Great Lakes Leadership Council; 
and 
‘‘(III) represent the commitment 
of the Federal Government to signifi-
cantly advancing Great Lakes protec-
tion and restoration. 
‘‘(B) PRIORITY.—The Initiative shall give 
priority to work done by non-Federal partners 
using funding made available for the Great 
Lakes for— 
‘‘(i) the remediation of toxic sub-
stances in Areas of Concern; 
VerDate Nov 24 2008 
20:26 Mar 08, 2010
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
tjames on DSKG8SOYB1PROD with BILLS
‘‘(ii)(I) the prevention of invasive spe-
cies; and 
‘‘(II) the mitigation and restoration of 
the impacts of invasive species; 
‘‘(iii)(I) the protection and restoration 
of nearshore health; and 
‘‘(II) the prevention of nonpoint 
source pollution; 
‘‘(iv) habitat and wildlife protection 
and restoration; and 
‘‘(v) accountability, monitoring, eval-
uation, communication, and partnership 
activities. 
‘‘(C) PROJECTS.—Pursuant to the Initia-
tive, the Agency shall consult with Federal 
partners and take into consideration the rec-
ommendations of the Council to select the best 
combination of programs and projects for Great 
Lakes protection and restoration using prin-
ciples and criteria such as— 
‘‘(i) the ability to achieve strategic 
and measurable environmental outcomes; 
‘‘(ii) the feasibility of— 
‘‘(I) prompt implementation; 
VerDate Nov 24 2008 
20:26 Mar 08, 2010
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
tjames on DSKG8SOYB1PROD with BILLS
‘‘(II) timely achievement of re-
sults; and 
‘‘(III) the ability to leverage re-
sources; and 
‘‘(iii) opportunities for interagency 
and interorganizational coordination and 
collaboration. 
‘‘(D) IMPLEMENTATION OF PROJECTS.— 
‘‘(i) IN GENERAL.—Funds made avail-
able to carry out the Initiative shall be 
used to strategically implement— 
‘‘(I) Federal projects; and 
‘‘(II) projects carried out in co-
ordination with States, Indian tribes, 
municipalities, institutions of higher 
education, and other organizations. 
‘‘(ii) 
TRANSFER
OF
FUNDS.—Of 
amounts made available for environmental 
programs and management for the Great 
Lakes Initiative, the Administrator may— 
‘‘(I) transfer not more than 
$475,000,000 to the head of any Fed-
eral department or agency, with the 
concurrence of the department or 
agency head, to carry out activities to 
VerDate Nov 24 2008 
20:26 Mar 08, 2010
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
tjames on DSKG8SOYB1PROD with BILLS
support the Great Lakes Restoration 
Initiative and the Great Lakes Water 
Quality Agreement of 1978; 
‘‘(II) enter into an interagency 
agreement with the head of any Fed-
eral department or agency to carry 
out activities described in subclause 
(I); and 
‘‘(III) make grants to govern-
mental entities, nonprofit organiza-
tions, institutions, and individuals for 
planning, research, monitoring, out-
reach, and implementation relating to 
the activities described in subclause 
(I). 
‘‘(E) SCOPE.— 
‘‘(i) IN GENERAL.—Projects shall be 
carried out pursuant to the Initiative on 
multiple levels, including— 
‘‘(I) local; 
‘‘(II) Great Lake-wide; and 
‘‘(III) Great Lakes basin-wide. 
‘‘(ii) LIMITATION.—No funds made 
available to carry out the Initiative may be 
used for any water infrastructure activity 
VerDate Nov 24 2008 
20:26 Mar 08, 2010
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4755.IH
H4755
tjames on DSKG8SOYB1PROD with BILLS