I
107TH CONGRESS
1ST SESSION
H. R. 2167
To amend the Federal Water Pollution Control Act to protect 1⁄5 of the
world’s fresh water supply by directing the Administrator of the Environ-
mental Protection Agency to conduct a study on the known and potential
environmental effects of oil and gas drilling on land beneath the water
in the Great Lakes, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 13, 2001
Mr. STUPAK (for himself, Mr. BONIOR, Ms. KAPTUR, Mr. BARRETT of Wis-
consin, Mr. KILDEE, Mr. KIRK, Mr. HINCHEY, Ms. MCCOLLUM, Ms.
BALDWIN, Mr. DINGELL, Mr. BARCIA, Mr. KUCINICH, Mr. LEVIN, Mrs.
THURMAN, Ms. SCHAKOWSKY, Mr. BROWN of Ohio, Mr. LUTHER, Mr.
LATOURETTE, Ms. RIVERS, Mr. OBEY, Mr. KLECZKA, Mrs. JONES of
Ohio, Mr. CONYERS, Mr. STRICKLAND, Mr. JACKSON of Illinois, Mr.
KIND, Mr. BLAGOJEVICH, Mr. OBERSTAR, Mr. ROEMER, Mr. TOWNS,
Mr. EVANS, and Mr. RUSH) introduced the following bill; which was re-
ferred to the Committee on Transportation and Infrastructure, and in ad-
dition to the Committees on Energy and Commerce, and Resources, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To amend the Federal Water Pollution Control Act to protect
1⁄5 of the world’s fresh water supply by directing the
Administrator of the Environmental Protection Agency
to conduct a study on the known and potential environ-
mental effects of oil and gas drilling on land beneath
the water in the Great Lakes, and for other purposes.
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 Water
Protection Act’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) the Great Lakes contain 1⁄5 of the world’s
fresh water supply;
(2) the Great Lakes basin is home to over
33,000,000 people and is a vital source of safe
drinking water for millions of people;
(3) the Great Lakes support many wetlands,
sand dunes, and other fragile coastal habitats;
(4) those coastal habitats are home to many en-
dangered and threatened wildlife and plant species,
including the piping plover, Pitcher’s thistle, and the
dwarf lake iris;
(5) the Great Lakes are crucial to the econo-
mies of the Great Lakes States for recreation, com-
mercial shipping, and industrial and agriculture
uses; and
(6) oil and gas development beneath the water
in any of the Great Lakes could—
(A) expose a valuable fresh water supply of
the United States to serious contamination; and
(B) cause serious environmental damage to
the water and shoreline of the Great Lakes.
SEC. 3. EFFECTS OF OIL AND GAS DEVELOPMENT ON THE
GREAT LAKES.
The Federal Water Pollution Control Act is amended
by inserting after section 108 (33 U.S.C. 1258) the fol-
lowing:
‘‘SEC. 108A. EFFECTS OF OIL AND GAS DEVELOPMENT ON
THE GREAT LAKES.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ACADEMY.—The term ‘Academy’ means
the National Academy of Sciences.
‘‘(2) DRILLING ACTIVITY.—
‘‘(A) IN GENERAL.—The term ‘drilling ac-
tivity’ means any drilling to extract oil or gas
from land beneath the water in any of the
Great Lakes.
‘‘(B) INCLUSIONS.—The term ‘drilling ac-
tivity’ includes—
‘‘(i) directional drilling (also known as
‘slant drilling’); and
‘‘(ii) offshore drilling.
‘‘(3) GREAT
LAKE.—The term ‘Great Lake’
means—
‘‘(A) Lake Erie;
‘‘(B) Lake Huron (including Lake Saint
Clair);
‘‘(C) Lake Michigan;
‘‘(D) Lake Ontario (including the Saint
Lawrence River from Lake Ontario to the 45th
parallel of latitude); and
‘‘(E) Lake Superior.
‘‘(4) GREAT LAKES STATE.—The term ‘Great
Lakes State’ means each of the States of Illinois, In-
diana, Michigan, Minnesota, New York, Ohio, Penn-
sylvania, and Wisconsin.
‘‘(b) INCENTIVES TO PREVENT DRILLING ACTIV-
ITY.—
‘‘(1) IN GENERAL.—To be eligible to receive an
incentive grant under paragraph (2), a grant under
section 601(a), or a grant under section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j–12), a
Great Lakes State shall not issue any oil or gas per-
mit or lease for drilling activity.
‘‘(2) INCENTIVE GRANTS.—
‘‘(A) IN GENERAL.—For each fiscal year
or portion of a fiscal year in which paragraph
(1) is in effect, the Secretary of the Interior
shall make grants to Great Lakes States.
‘‘(B) USE
OF
GRANTS.—A Great Lakes
State shall use a grant under this paragraph to
carry out conservation activities in the State,
including activities to conserve parkland and
protect shores.
‘‘(C) AMOUNT OF GRANTS.—For each fis-
cal year or portion of a fiscal year, the amount
of a grant to a Great Lakes State under sub-
paragraph (A) shall be equal to the product ob-
tained by multiplying—
‘‘(i) the amount available for grants
under this paragraph for the fiscal year or
portion of a fiscal year; and
‘‘(ii) the ratio that—
‘‘(I) the amount of funds that
the Great Lakes State would have re-
ceived, but for paragraph (1), from
the sale of oil and gas from the Great
Lakes during the fiscal year; bears to
‘‘(II) the amount of funds that
all Great Lakes States would have re-
ceived, but for paragraph (1), from
the sale of oil and gas from the Great
Lakes during the fiscal year.
‘‘(D) MAXIMUM
AMOUNT
OF
GRANTS.—
For each fiscal year, the Secretary of the Inte-
rior may make grants under this paragraph in
an 
aggregate 
amount 
not 
to 
exceed
$50,000,000.
‘‘(c) STUDY.—
‘‘(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this section, the Adminis-
trator shall conduct a study to examine the known
and potential environmental effects of drilling activ-
ity, including any effects on—
‘‘(A) water quality (including the quality of
drinking water);
‘‘(B) the sediments and shorelines of the
Great Lakes;
‘‘(C) fish and other aquatic species, plants,
and wildlife that are dependent on Great Lakes
resources;
‘‘(D) competing uses of water and shore-
line areas of the Great Lakes; and
‘‘(E) public health of local communities.
‘‘(2) CONSULTATION.—In designing and con-
ducting the study, the Administrator shall consult
with—
‘‘(A) the Secretary of Energy;
‘‘(B) the Administrator of the National
Oceanic and Atmospheric Administration;
‘‘(C) the Chief of Engineers;
‘‘(D) the Great Lakes States; and
‘‘(E) as appropriate, representatives of en-
vironmental, industry, academic, scientific, pub-
lic health, and other relevant organizations.
‘‘(3) INDEPENDENT REVIEW.—Not later than
180 days after the date of enactment of this section,
the Administrator shall enter into an agreement with
the Academy under which the Administrator shall
submit to the Academy, and the Academy shall re-
view, the results of the study.
‘‘(4) REPORT.—Not later than 1 year after the
date of submission to the Academy of the study
under paragraph (3), the Academy shall submit to
the Administrator and Congress—
‘‘(A) the study; and
‘‘(B) a report that describes the results of
the review by the Academy (including any rec-
ommendations concerning the results of the
study).
‘‘(5) ACTION BY CONGRESS.—It is the sense of
Congress that, after receiving the study and report
under paragraph (4), Congress should—
‘‘(A) review the study and report;
‘‘(B) conduct hearings concerning the im-
pact of drilling activity; and
‘‘(C) determine whether to eliminate the
condition under subsection (b)(1).
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out this section.’’.
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