160 
(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. 
(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; 
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(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 
(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; 
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162 
(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; 
(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.— 
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163 
(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— 
(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 
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164 
(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 
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. 
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165 
SEC. 613. 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; 
(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. 614. INTERAGENCY FINANCING. 
(a) IN GENERAL.—The departments and agencies 
represented on the Council may participate in interagency 
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166 
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. 
(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. 615. APPLICATION WITH OUTER CONTINENTAL SHELF 
LANDS ACT. 
Nothing in this title 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. 616. 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 
612 and the research and development program under sec-
tion 613 (including financial assistance to the interagency 
program office, the regional associations for the implemen-
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167 
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 2008 
through 2012, 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 612 shall be allocated to the regional asso-
ciations certified under section 612(f) to carry out regional 
ocean and coastal observing systems. 
SEC. 617. 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 612 and 613. 
(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. 
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168 
Subtitle C—Great Lakes Water 
Quality Indicators and Monitoring 
SEC. 621. 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 
(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 
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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— 
‘‘(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 VII—SUSTAINABLE 
DEVELOPMENT 
SEC. 701. WATERFRONT RESTORATION AND REMEDIATION 
PROJECTS. 
(a) DEFINITIONS.—In this section: 
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(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. 
(3) WATERFRONT
AREA.—The term ‘‘water-
front area’’ means a site located adjacent to a lake, 
river, stream, wetland, or floodplain of the United 
States. 
(b) APPLICATION.—An individual or entity that seeks 
to receive assistance under this section shall submit to the 
Secretary an application for the assistance in such form, 
by such time, and containing such information as the Sec-
retary may require. 
(c) JUSTIFICATION AND PURPOSE.— 
(1) JUSTIFICATION.—The Secretary may pro-
vide assistance to eligible recipients in financing a 
restoration or remediation project only if the Sec-
retary finds that the proposed project addresses con-
cerns relating to— 
(A) public health; 
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171 
(B) public safety; 
(C) environmental improvements; or 
(D) economic improvements. 
(2) PURPOSE.—An eligible recipient of assist-
ance may use assistance made available under this 
section to complete a restoration or remediation 
project for the purpose of— 
(A) improving the surrounding ecosystem; 
or 
(B) preparing land for redevelopment by 
Federal, State, or local agencies, or private en-
tities. 
(d) COST SHARING.— 
(1) GENERAL ASSISTANCE.— 
(A) IN
GENERAL.—Except as otherwise 
provided in this subsection, the Federal share of 
the cost of carrying out a restoration or remedi-
ation project under this section shall not exceed 
65 percent, as determined by the Secretary. 
(B) INNOVATIVE TECHNOLOGY.—The Fed-
eral share of the cost of carrying out a restora-
tion or remediation project under this section 
that involves conducting a pilot project to test 
a demonstration or innovative technology shall 
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not exceed 85 percent, as determined by the 
Secretary. 
(2) OPERATION AND MAINTENANCE.—The non- 
Federal share of operation and maintenance costs 
for a restoration or remediation project under this 
section shall be 100 percent. 
(3) CREDIT
FOR
WORK-IN-KIND
CONSIDER-
ATIONS.—In determining the amount of a contribu-
tion made by a non-Federal interest under this sec-
tion, the non-Federal interest shall receive credit 
equal to 100 percent of the value of any land, ease-
ments, rights-of-way, and relocations, and the rea-
sonable cost of services, studies, and supplies, con-
tributed toward the non-Federal share of project 
costs. 
(4) LIABILITY
OF
FEDERAL
GOVERNMENT.— 
The eligible recipient shall hold the United States 
harmless from any claim or damage that may arise 
from carrying out the restoration or remediation 
project under this section, except any claim or dam-
age that may arise from the negligence of the Fed-
eral Government or a contractor of the Federal Gov-
ernment. 
(e) FUNDING LIMITATION PER PROJECT.—Of the 
funds provided under this section, not more than 
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$5,000,000 may be allocated for an individual restoration 
or rehabilitation project. 
SEC. 702. AUTHORITY OF SECRETARY TO RESTORE AND RE-
MEDIATE 
WATERFRONT 
AND 
RELATED 
AREAS. 
The Secretary, in consultation with appropriate Fed-
eral, State, and local agencies, is authorized to restore and 
remediate waterfront and related areas, including site 
characterization, planning, design, construction, and mon-
itoring. 
SEC. 703. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Sec-
retary to carry out this title $50,000,000 for fiscal years 
2008 through 2012. 
TITLE VIII—COORDINATION AND 
OVERSIGHT 
SEC. 801. DEFINITIONS. 
In this title: 
(1) COLLABORATION.—The term ‘‘Collabora-
tion’’ means the Great Lakes Regional Collaboration 
established by section 804(a). 
(2) EXECUTIVE COMMITTEE.—The term ‘‘Exec-
utive Committee’’ means the Great Lakes Regional 
Collaboration Executive Committee established by 
section 803(a). 
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(3) EXECUTIVE ORDER.—The term ‘‘Executive 
Order’’ means Executive Order 13340 (33 U.S.C. 
1268 note; relating to establishment of Great Lakes 
Interagency Task Force and promotion of regional 
collaboration of national significance for Great 
Lakes). 
(4) 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 Mary’s River; 
(ii) the Saint Clair River; 
(iii) the Detroit River; 
(iv) the Niagara River; and 
(v) the Saint Lawrence River to the 
Canadian border. 
(5) GREAT
LAKES
CITY.—The term ‘‘Great 
Lakes city’’ means a city located in the watershed 
basin of a Great Lake. 
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(6) GREAT
LAKES
TRIBE.—The term ‘‘Great 
Lakes Tribe’’ means any Indian tribe, band, village, 
nation, or other organized group or community in 
the watershed basin of a Great Lake that is recog-
nized by the Bureau of Indian Affairs as eligible for 
the special programs and services provided by the 
United States to Indians because of their status as 
Indians. 
(7) SAINT LAWRENCE CITY.—The term ‘‘Saint 
Lawrence city’’ means a city located in the water-
shed basin of the Saint Lawrence River. 
(8) TASK
FORCE.—The term ‘‘Task Force’’ 
means the Great Lakes Interagency Task Force es-
tablished by section 802(a). 
SEC. 802. GREAT LAKES INTERAGENCY TASK FORCE. 
(a) 
INTERAGENCY
COORDINATION.—The 
Great 
Lakes Interagency Task Force, as established by the Ex-
ecutive Order for administrative purposes, is established 
as a task force within the Environmental Protection Agen-
cy. 
(b) DUTIES.—In addition to the duties described in 
the Executive Order, the Task Force shall— 
(1) ensure that implementation of programs 
and projects under the authority of the Task Force 
members is coordinated, effective, and cost-efficient; 
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(2) work in cooperation with Federal agencies 
on the development of budgets and financial plans 
regarding the Great Lakes for inclusion in annual 
submissions by the President to Congress of the 
budget of the United States; and 
(3) submit to Congress a biennial report that 
describes the projects and activities carried out by 
the Collaboration during the 2-year period covered 
by the report, including a description of— 
(A) any actions that Federal agencies can 
take to address the biennial restoration goals; 
(B) Federal expenditures to meet the res-
toration goals; and 
(C) the indicators and monitoring used to 
determine whether the goals will be met. 
SEC. 803. EXECUTIVE COMMITTEE. 
(a) IN GENERAL.—There is established a Great 
Lakes Regional Collaboration Executive Committee. 
(b) COMPOSITION.—The Executive Committee shall 
be composed of— 
(1) the Chairperson of the Task Force; 
(2) a representative of the Governors of the 
Great Lakes States, as agreed upon by the Gov-
ernors; 
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(3) a representative of the Great Lakes cities 
and Saint Lawrence cities, as agreed upon by the 
majority of mayors of those cities; and 
(4) a designated representative for the Great 
Lakes Tribes, as agreed upon by those Tribes. 
(c) DUTIES.—The Executive Committee shall— 
(1) hold semiannual meetings to discuss Great 
Lakes restoration goals and progress; 
(2) establish a process to receive input from in-
terested parties with respect to proposed rec-
ommendations of the Executive Committee for res-
toration of the Great Lakes; and 
(3) submit to Congress and the Task Force a 
biennial report that includes— 
(A) an analysis of progress in carrying out 
restoration of the Great Lakes, including meet-
ing the goals and recommendations in the res-
toration and protection strategy developed by 
the Great Lakes Regional Collaboration and 
this Act; and 
(B) recommendations on future priorities 
and actions with respect to that restoration. 
(d) SUBCOMMITTEES.—The members of the Execu-
tive Committee may designate representatives to work as 
1 or more subcommittees to provide staff support and oth-
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erwise assist in carrying out responsibilities of the Execu-
tive Committee relating to the Collaboration. 
SEC. 804. GREAT LAKES REGIONAL COLLABORATION. 
(a) IN GENERAL.—There is established the Great 
Lakes Regional Collaboration. 
(b) COMPOSITION.—The Collaboration shall be com-
posed of— 
(1) the members of the Executive Committee; 
and 
(2) each other individual and entity that noti-
fies the Executive Committee of the desire and in-
tent of the individual or entity to participate in the 
Collaboration. 
(c) DUTIES.—The Collaboration shall— 
(1) develop a restoration and protection strat-
egy to provide information for use in future Great 
Lakes program implementation and funding deci-
sions; 
(2) serve as a forum for addressing near-term 
regional issues relating to ecosystem restoration and 
protection of the Great Lakes; and 
(3) establish an oversight forum to coordinate 
and enhance implementation of Great Lakes pro-
grams. 
Æ 
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