Great Lakes Environmental Protection and Restoration Programs Reauthorization Act - Amends the Water Resources Development Acts of 2000, 1990, and 1996, respectively, to reauthorize appropriations for: (1) Great Lakes fishery and ecosystem restoration; (2) Great Lakes remedial action plans and sediment remediation projects; and (3) the development of a tributary sediment transport model for the Great Lakes.
Reauthorizes appropriations under: (1) the Food Security Act of 1985 for the Great Lakes basin program for soil erosion and sediment control; (2) the Great Lakes and Lake Champlain Act of 2002 for research and development; and (3) the Federal Water Pollution Control Act for the Great Lakes National Program Office. Directs such Office and the Great Lakes Research Office to submit the joint research plan to the Executive Committee of the Regional Collaboration.
Authorizes appropriations for: (1) the Great Lakes Coordination Office; (2) research on fisheries and ecosystems in the Lower Great Lakes; and (3) the Director of the U.S. Geological Survey, for use by the Great Lakes Science Center.
Reauthorizes national programs for the prevention, reduction, and elimination of pollution and authorizes the Administrator of the Environmental Protection Agency (EPA), in carrying out such programs, to provide technical assistance to rural and small municipalities to help in planning, developing, and acquiring financing for wastewater infrastructure assistance. Extends the payment period for water pollution control revolving loan funds. Authorizes a State to provide additional subsidization to benefit a municipality that meets specified requirements.
Codifies: (1) the Great Lakes Interagency Task Force within EPA (as originally established by Executive Order 13340); and (2) the Framework for the Great Lakes Regional Collaboration.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2129 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2129
To improve the coordination of programs for the Great Lakes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 5, 2005
Mr. Ehlers (for himself, Mr. Kirk, Mr. Dingell, Mr. Petri, Mr. Kildee,
Mr. Upton, Mr. Evans, Mr. Camp, Mr. Levin, Ms. Kaptur, Ms. Slaughter,
Mr. McHugh, Mr. LaHood, Mr. Kind, Ms. Kilpatrick of Michigan, Mrs.
Jones of Ohio, Mr. Johnson of Illinois, and Mr. McCotter) introduced
the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committees on
Resources, Agriculture, and Science, 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 committee concerned
_______________________________________________________________________
A BILL
To improve the coordination of programs for the Great Lakes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Great Lakes Environmental Protection and
Restoration Programs Reauthorization Act'' .
SEC. 2. GREAT LAKES DEFINED.
For purposes of this Act, the term ``Great Lakes'' means Lake
Ontario, Lake Erie, Lake Huron (including Lake St. Clair), Lake
Michigan, and Lake Superior, and the connecting channels (Saint Mary's
River, Saint Clair River, Detroit River, Niagara River, and Saint
Lawrence River to the Canadian Border).
TITLE I--FUNDING REAUTHORIZATIONS
SEC. 101. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION.
Section 506(g) of the Water Resources Development Act of 2000 (42
U.S.C. 1962d-22) is amended--
(1) by striking paragraph (2); and
(2) inserting the following:
``(2) There are authorized to carry out paragraphs (2) and
(3) of subsection (c)--
``(A) $20,000,000 for fiscal year 2006;
``(B) $35,000,000 for fiscal year 2007;
``(C) $50,000,000 for fiscal year 2008;
``(D) $70,000,000 for fiscal year 2009;
``(E) $90,000,000 for fiscal year 2010; and
``(F) $110,000,000 for fiscal year 2011.''.
SEC. 102. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT REMEDIATION.
Section 401 of the Water Resources Development Act of 1990 (33
U.S.C. 1268nt) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $25,000,000 for fiscal year 2006;
``(2) $50,000,000 for fiscal year 2007;
``(3) $75,000,000 for fiscal year 2008;
``(4) $100,000,000 for fiscal year 2009;
``(5) $125,000,000 for fiscal year 2010; and
``(6) $150,000,000 for fiscal year 2011.''.
SEC. 103. SEDIMENT MANAGEMENT.
Section 516(g) of the Water Resources Development Act of 1996 (33
U.S.C. 2326b) is amended--
(1) by striking paragraph (2); and
(2) by inserting the following:
``(2) Great lakes tributary model.--In addition to any
amounts made available under paragraph (1), there are
authorized to be appropriated to carry out subsection (e)
$10,000,000 for each of fiscal years 2006 through 2011.''.
SEC. 104. GREAT LAKES BASIN PROGRAM FOR SOIL EROSION AND SEDIMENT
CONTROL.
Subsection (c) of section 1240P of the Food Security Act of 1985
(16 U.S.C. 3839bb-3) is amended to read as follows:
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the program the following
amounts:
``(1) $5,000,000 for each of fiscal years 2002 through
2006.
``(2) $10,000,000 for fiscal year 2007.
``(3) $15,000,000 for fiscal year 2008.
``(4) $20,000,000 for fiscal year 2009.
``(5) $25,000,000 for fiscal year 2010.
``(6) $30,000,000 for fiscal year 2011.''.
SEC. 105. GREAT LAKES LEGACY ACT.
(a) Remediation of Sediment Contamination in Areas of Concern.--
Clause (i) of section 118(c)(12)(H) is amended to read as follows:
``(i) In General.--In addition to other amounts authorized under
this section, there are authorized to be appropriated to carry out this
paragraph--
``(1) $80,000,000 for fiscal year 2006;
``(2) $100,000,000 for fiscal year 2007;
``(3) $150,000,000 for fiscal year 2008;
``(4) $200,000,000 for fiscal year 2009;
``(5) $250,000,000 for fiscal year 2010; and
``(6) $350,000,000 for fiscal year 2011.''.
(b) Research and Development Program.--Section 106(b)(1) of the
Great Lakes and Lake Champlain Act of 2002 (33 U.S.C. 1271a(b)(1)) is
amended to read as follows:
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $10,000,000 for fiscal year 2006;
``(B) $15,000,000 for each of fiscal years 2007 and
2008; and
``(C) $20,000,000 for each of fiscal years 2009
through 2011''.
SEC. 106. GREAT LAKES NATIONAL PROGRAM OFFICE.
Subsection (h) of section 118 of the Federal Water Pollution
Control Act (33 U.S.C. 1268(h)) is amended to read as follows:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $40,000,000 for fiscal year 2006;
``(2) $50,000,000 for fiscal year 2007;
``(3) $70,000,000 for fiscal year 2008;
``(4) $100,000,000 for fiscal year 2009;
``(5) $140,000,000 for fiscal year 2010; and
``(6) $190,000,000 for fiscal year 2011.''.
SEC. 107. DEPARTMENT OF THE INTERIOR PROGRAMS RELATING TO GREAT LAKES
FISHERIES RESTORATION.
(a) Great Lakes Fish and Wildlife Restoration Program.--To develop
and implement proposals for restoring fish and wildlife resources in
the Great Lakes Basin under the Great Lakes Fish and Wildlife
Restoration Act of 1990 (16 U.S.C. 941 et seq.), and to encourage
cooperative conservation, restoration, and management of fish and
wildlife resources and their habitats under such Act, there are
authorized to be appropriated to the Secretary of the Interior--
(1) for activities of the Great Lakes Coordination Office--
(A) $4,000,000 for fiscal years 2006 and 2007;
(B) $5,000,000 for fiscal years 2008 and 2009; and
(C) $6,000,000 for fiscal years 2010 and 2011; and
(2) to implement proposals for the restoration of fish and
wildlife resources--
(A) $5,000,000 for fiscal year 2006;
(B) $10,000,000 for fiscal year 2007;
(C) $15,000,000 for fiscal year 2008;
(D) $20,000,000 for fiscal year 2009;
(E) $25,000,000 for fiscal year 2010; and
(F) $30,000,000 for fiscal year 2011.
(b) Lower Great Lakes Fisheries Research.--To coordinate and fund
programs for research on fisheries and ecosystems in the Lower Great
Lakes under the Great Lakes Fish and Wildlife Restoration Act of 1990
(16 U.S.C. 941 et seq.), there are authorized to be appropriated to the
Secretary of the Interior--
(1) for the activities of the Great Lakes Coordination
Office, the Upper Great Lakes Fishery Resources Office, and the
Lower Great Lakes Fishery Resources Office--
(A) $4,000,000 for each of fiscal years 2006 and
2007;
(B) $5,000,000 for each of fiscal years 2008 and
2009; and
(C) $6,000,000 for each of fiscal years 2010 and
2011; and
(2) for implementation of fish and wildlife restoration
research--
(A) $5,000,000 for fiscal year 2006;
(B) $10,000,000 for fiscal year 2007;
(C) $15,000,000 for fiscal year 2008;
(D) $20,000,000 for fiscal year 2009; and
(E) $25,000,000 for each of fiscal years 2010 and
2011.
TITLE II--RESEARCH PROGRAM
SEC. 201. RESEARCH REAUTHORIZATIONS.
Section 118(e) of the Federal Water Pollution Control Act (33
U.S.C. 1268(e)) is amended--
(1) by striking subsection (e) and inserting the following:
``(e) Research and Management Coordination.--
``(1) Joint plan.--Before October 1 of each year, the
Program Office and the Research Office shall prepare and submit
to the Executive Committee of the Regional Collaboration a
joint research plan for the fiscal year which begins in the
following calendar year. The plan shall be transmitted to
Congress at the time of transmission of the President's annual
budget request.
``(2) Contents of plan.--Each plan prepared under paragraph
(1) shall--
``(A) identify all proposed research dedicated to
activities conducted under the Great Lakes Water
Quality Agreement of 1978, as amended by the Water
Quality Agreement of 1987, and any other agreements and
amendments;
``(B) include the Regional Collaboration's
assessment of priorities for research needed to fulfill
the terms of such Agreement; and
``(C) identify all proposed research that may be
used to develop a comprehensive environmental data base
for the Great Lakes System and establish priorities for
development of such data base. ''.
SEC. 202. GREAT LAKES SCIENCE CENTER.
There are authorized to be appropriated to the Director of the
United States Geological Survey, for use by the Great Lakes Science
Center, to carry out research activities that advance scientific
knowledge and provide scientific information for restoring, enhancing,
managing, and protecting the living marine resources and habitats in
the Great Lakes basin ecosystem the following:
(1) $20,000,000 for fiscal year 2006.
(2) $40,000,000 for fiscal year 2007.
(3) $60,000,000 for each of fiscal years 2008 through 2011.
SEC. 203. GREAT LAKES ENVIRONMENTAL RESEARCH LABORATORY.
(a) Authorizations.--Section 118(h) of the Federal Water Pollution
Control Act (33 U.S.C. 1268(h)) is amended --
(1) by inserting ``, for use by the Research Office,''
after ``Administrator'';
(2) by striking ``and'' at the end of paragraph (2); and
(3) by striking paragraph (3) and inserting the following:
``(3) $25,000,000 for fiscal year 2005;
``(4) $30,000,000 for fiscal year 2006;
``(5) $70,000,000 for fiscal year 2007;
``(6) $100,000,000 for fiscal year 2008;
``(7) $100,000,000 for fiscal year 2009;
``(8) $100,000,000 for fiscal year 2010; and
``(9) $100,000,000 for fiscal year 2011.''.
(b) Grants.--Section 118(d)(6) of the Federal Water Pollution
Control Act (33 U.S.C.) is amended by adding at the end the following:
``The Laboratory may provide grants for such research and monitoring
activities.''.
TITLE III--STATE REVOLVING FUNDS FOR CLEAN WATER
SEC. 301. REFERENCES.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.).
SEC. 302. TECHNICAL ASSISTANCE.
(a) Technical Assistance for Rural and Small Treatment Works.--
Section 104(b) (33 U.S.C. 1254(b)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) make grants to nonprofit organizations--
``(A) to provide technical assistance to rural and
small municipalities for the purpose of assisting, in
consultation with the State in which the assistance is
provided, such municipalities in the planning,
developing, and acquisition of financing for wastewater
infrastructure assistance;
``(B) to capitalize revolving loan funds for the
purpose of providing loans, in consultation with the
State in which the assistance is provided, to rural and
small municipalities for predevelopment costs
associated with wastewater infrastructure projects or
short-term costs incurred for equipment replacement
that is not part of regular operation and maintenance
activities for existing wastewater systems, subject to
the conditions that any loan from the fund will be made
at a below market interest rate, for a term not to
exceed 10 years, and in an amount not to exceed
$100,000 and that all loan repayments will be credited
to the fund;
``(C) to provide technical assistance and training
for rural and small publicly owned treatment works and
decentralized wastewater treatment systems to enable
such treatment works and systems to protect water
quality and achieve and maintain compliance with the
requirements of this Act; and
``(D) to disseminate information to rural and small
municipalities and municipalities that meet the
affordability criteria established pursuant to section
603(i)(2) by the State in which the municipality is
located with respect to planning, design, construction,
and operation of publicly owned treatment works and
decentralized wastewater treatment systems.''.
(b) Authorization of Appropriations.--Section 104(u) (33 U.S.C.
1254(u)) is amended--
(1) by striking ``and (6)'' and inserting ``(6)''; and
(2) by inserting before the period at the end the
following: ``; and (7) not to exceed $75,000,000 for each of
fiscal years 2006 through 2010 for carrying out paragraphs (3)
and (8) of subsection (b), except that not less than 20 percent
of the amounts appropriated pursuant to this paragraph in a
fiscal year shall be used for carrying out paragraph (8) of
subsection (b) and not more than one-third of the amount used
in a fiscal year for carrying out paragraph (8) of subsection
(b) may be used to carry out subparagraph (B) of that
paragraph''.
(c) Competitive Procedures for Awarding Grants.--Section 104 (33
U.S.C. 1254(b)) is amended by adding at the end the following:
``(w) Competitive Procedures for Awarding Grants.--The
Administrator shall establish procedures that, to the maximum extent
practicable, promote competition and openness in the award of grants to
nonprofit private agencies, institutions, and organizations under this
section.''.
SEC. 303. SEWER OVERFLOW CONTROL GRANTS.
Section 221(c) (33 U.S.C. 1301) is amended to read as follows:
``(c) Financially Distressed Community Defined.--In subsection (b),
the term `financially distressed community' means a community that
meets affordability criteria established pursuant to section 603(i)(2)
by the State in which the community is located under section
603(i)(2).''.
SEC. 304. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
(a) Extended Payment Period.--Section 603(d)(1) (33 U.S.C.
1383(d)(1)) is amended--
(1) in subparagraph (A) by striking ``20 years'' and
inserting ``the lesser of 30 years or the design life of the
project to be financed with the proceeds of the loan''; and
(2) in subparagraph (B) by striking ``not later than 20
years after project completion'' and inserting ``upon the
expiration of the term of the loan''.
(b) Technical and Planning Assistance for Small Systems.--Section
603(d) (33 U.S.C. 1383(d)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) to provide owners and operators of small treatment
works (for a municipality or intermunicipal interstate or State
agency that is seeking assistance under this title and serves a
population of 20,000 or fewer) with technical and planning
assistance and assistance in financial management, user fee
analysis, budgeting, capital improvement planning, facility
operation and maintenance, repair schedules, and other
activities to improve wastewater treatment plant management and
operations; except that such amounts shall not exceed 2 percent
of grant awards to such fund under this title.''.
(c) Additional Subsidization.--Section 603 (33 U.S.C. 1383) is
amended by adding at the end the following:
``(i) Additional Subsidization.--
``(1) In general.--In any case in which a State provides
assistance to a municipality or intermunicipal, interstate, or
State agency under subsection (d), the State may provide
additional subsidization, including forgiveness of principal
and negative interest loans--
``(A) to benefit a municipality that--
``(i) meets the State's affordability
criteria established under paragraph (2); or
``(ii) does not meet the State's
affordability criteria if the recipient--
``(I) seeks additional
subsidization to benefit individual
ratepayers in the residential user rate
class;
``(II) demonstrates to the State
that such ratepayers will experience a
significant hardship from the increase
in rates necessary to finance the
project or activity for which
assistance is sought; and
``(III) ensures, as part of an
assistance agreement between the State
and the recipient, that the additional
subsidization provided under this
paragraph is directed through a user
charge rate system (or other
appropriate method) to such ratepayers;
or
``(B) to implement alternative processes,
materials, and techniques (including nonstructural
protection of surface waters, new or improved methods
of waste treatment, and pollutant trading) that may
result in cost savings or increased environmental
benefit when compared to standard processes, materials,
and techniques.
``(2) Affordability criteria.--
``(A) Establishment.--On or before September 30,
2006, and after providing notice and an opportunity for
public comment, a State shall establish affordability
criteria to assist in identifying municipalities that
would experience a significant hardship raising the
revenue necessary to finance a project or activity
eligible for assistance under section 603(c)(1) if
additional subsidization is not provided. Such criteria
shall be based on income data, population trends, and
other data determined relevant by the State.
``(B) Existing criteria.--If a State has previously
established, after providing notice and an opportunity
for public comment, affordability criteria that meet
the requirements of subparagraph (A), the State may use
the criteria for the purposes of this subsection. For
purposes of this Act, any such criteria shall be
treated as affordability criteria established under
this paragraph.
``(C) Information to assist states.--The
Administrator may publish information to assist States
in establishing affordability criteria described in
subparagraph (A).
``(3) Priority.--A State may give priority to a recipient
for a project or activity eligible for funding under section
603(c)(1) if the recipient meets the State's affordability
criteria.
``(4) Set-aside.--
``(A) In general.--In any fiscal year in which the
Administrator has available for obligation more than
$1,400,000,000 for the purposes of carrying out this
title, a State shall provide additional subsidization
under this subsection in the amount specified in
subparagraph (B) to eligible entities described in
paragraph (1) for projects and activities identified in
the State's intended use plan prepared under section
606(c) to the extent that there are sufficient
applications for such assistance.
``(B) Amount.--In a fiscal year described in
subparagraph (A), a State shall set aside for purposes
of subparagraph (A) an amount not less than 25 percent
of the difference between--
``(i) the total amount that would have been
allotted to the State under section 604 for
such fiscal year if the amount available to the
Administrator for obligation under this title
for such fiscal year was equal to
$1,400,000,000; and
``(ii) the total amount allotted to the
State under section 604 for such fiscal year.
``(5) Limitation.--The total amount of additional
subsidization provided under this subsection by a State may not
exceed 30 percent of the total amount of capitalization grants
received by the State under this title in fiscal years
beginning after September 30, 2005.''.
SEC. 305. ALLOTMENT OF FUNDS.
(a) In General.--Section 604(a) (33 U.S.C. 1384(a)) is amended to
read as follows:
``(a) Allotments.--
``(1) Fiscal years 2005 and 2006.--Sums appropriated to
carry out this title for each of fiscal years 2005 and 2006
shall be allotted by the Administrator in accordance with the
formula used to allot sums appropriated to carry out this title
for fiscal year 2004.
``(2) Fiscal year 2007 and thereafter.--Sums appropriated
to carry out this title for fiscal year 2007 and each fiscal
year thereafter shall be allotted by the Administrator as
follows:
``(A) Amounts that do not exceed $1,350,000,000
shall be allotted in accordance with the formula
described in paragraph (1).
``(B) Amounts that exceed $1,350,000,000 shall be
allotted in accordance with the formula developed by
the Administrator under subsection (d).''.
(b) Planning Assistance.--Section 604(b) (33 U.S.C. 1384(b)) is
amended by striking ``1 percent'' and inserting ``2 percent''.
(c) Formula.--Section 604 (33 U.S.C. 1384) is amended by adding at
the end the following:
``(d) Formula Based on Water Quality Needs.--Not later than
September 30, 2006, and after providing notice and an opportunity for
public comment, the Administrator shall publish an allotment formula
based on water quality needs in accordance with the most recent survey
of needs developed by the Administrator under section 516(b).''.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
Section 607 is amended by striking paragraphs (1) through (5) and
inserting the following:
``(1) $2,000,000,000 for fiscal year 2006;
``(2) $3,000,000,000 for fiscal year 2007;
``(3) $4,000,000,000 for fiscal year 2008;
``(4) $5,000,000,000 for fiscal year 2009; and
``(5) $6,000,000,000 for fiscal year 2010.''.
TITLE IV--INTERAGENCY COORDINATION
SEC. 401. TASK FORCE.
There is a Great Lakes Interagency Task Force within the
Environmental Protection Agency, as originally established by Executive
Order No. 13340. In addition to the duties described in the Executive
Order, such Task Force shall--
(1) ensure that program and project implementation is
coordinated, effective, and cost-efficient; and
(2) work in cooperation on the development of budgets
regarding the Great Lakes for the annual submissions by the
President to Congress of the budget of the United States.
TITLE V--FRAMEWORK FOR GREAT LAKES REGIONAL COLLABORATION
SEC. 501. COLLABORATION.
There is a Framework for the Great Lakes Regional Collaboration, a
document signed and endorsed on December 3, 2004, by several members of
the Great Lakes Governors, Great Lakes Mayors, the Great Lakes
Interagency Task Force, tribal leaders, and members of the Great Lakes
Congressional Delegation. The duties of such Collaboration include--
(1) developing a restoration and protection strategy to
inform future program implementation funding decisions;
(2) serving as a forum for addressing near-term regional
issues related to ecosystem restoration and protection; and
(3) creating an oversight forum to coordinate and enhance
implementation of the strategy.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E900-901)
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Resources, Agriculture, and Science, 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 committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Resources, Agriculture, and Science, 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 committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Resources, Agriculture, and Science, 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 committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Resources, Agriculture, and Science, 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 committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Resources, Agriculture, and Science, 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 committee concerned.
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Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Fisheries and Oceans.
Referred to the Subcommittee on Environment, Technology, and Standards.
Referred to the Subcommittee on Conservation, Credit, Rural Development and Research.