Pub. L. 100-4, tit. I, sec. 104

GREAT LAKES.

EnactedYear: 1987Length: 1,668 wordsOfficial source
SEC. 104. GREAT LAKES. Title I is amended by adding at the end the following new section: “SEC. 118. GREAT LAKES. “(a) Findings, Purpose, and Definitions.— “(1) Findings.—The Congress finds that— “(A) the Great Lakes are a valuable national resource, continuously serving the people of the United States and other nations as an important source of food, fresh water, recreation, beauty, and enjoyment; “(B) the United States should seek to attain the goals embodied in the Great Lakes Water Quality Agreement of 1978 with particular emphasis on goals related to toxic pollutants; and “(C) the Environmental Protection Agency should take the lead in the effort to meet those goals, working with other Federal agencies and State and local authorities. “(2) Purpose.—It is the purpose of this section to achieve the goals embodied in the Great Lakes Water Quality Agreement of 1978 through improved organization and definition of mission on the part of the Agency, funding of State grants for pollution control in the Great Lakes area, and improved accountability for implementation of such agreement. “(3) Definitions.—For purposes of this section, the term— “(A) ‘Agency’ means the Environmental Protection Agency; “(B) ‘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); 101 STAT. 12 “(C) ‘Great Lakes System’ means all the streams, rivers, lakes, and other bodies of water within the drainage basin of the Great Lakes; “(D) ‘Program Office’ means the Great Lakes National Program Office established by this section; and “(E) ‘Research Office’ means the Great Lakes Research Office established by subsection (d). “(b) Great Lakes National Program Office.—The Great Lakes National Program Office (previously established by the Administrator) is hereby established within the Agency. The Program Office shall be headed by a Director who, by reason of management experience and technical expertise relating to the Great Lakes, is highly qualified to direct the development of programs and plans on a variety of Great Lakes issues. The Great Lakes National Program Office shall be located in a Great Lakes State. “(c) Great Lakes Management.— “(1) Functions.—The Program Office shall— “(A) in cooperation with appropriate Federal, State, tribal, and international agencies, and in accordance with section 101(e) of this Act, develop and implement specific action plans to carry out the responsibilities of the United States under the Great Lakes Water Quality Agreement of 1978; “(B) establish a Great Lakes system-wide surveillance network to monitor the water quality of the Great Lakes, with specific emphasis on the monitoring of toxic pollutants; “(C) serve as the liaison with, and provide information to, the Canadian members of the International Joint Commission and the Canadian counterpart to the Agency; “(D) coordinate actions of the Agency (including actions by headquarters and regional offices thereof) aimed at improving Great Lakes water quality; and “(E) coordinate actions of the Agency with the actions of other Federal agencies and State and local authorities, so as to ensure the input of those agencies and authorities in developing water quality strategies and obtain the support of those agencies and authorities in achieving the objectives of such agreement. “(2) 5-year plan and program.—The Program Office shall develop, in consultation with the States, a five-year plan and program for reducing the amount of nutrients introduced into the Great Lakes. Such program shall incorporate any management program for reducing nutrient runoff from nonpoint sources established under section 319 of this Act and shall include a program for monitoring nutrient runoff into, and ambient levels in, the Great Lakes. “(3) 5-year study and demonstration projects.— The Program Office shall carry out a five-year study and demonstration projects relating to the control and removal of toxic pollutants in the Great Lakes, with emphasis on the removal of toxic pollutants from bottom sediments. In selecting locations for conducting demonstration projects under this paragraph, priority consideration shall be given to projects at the following locations: Saginaw Bay, Michigan; Sheboygan Harbor, Wisconsin; Grand Calumet River, Indiana; Ashtabula River, Ohio: and Buffalo River, New York. 101 STAT. 13 “(4) Administrator’s responsibility.—The Administrator shall ensure that the Program Office enters into agreements with the various organizational elements of the Agency involved in Great Lakes activities and the appropriate State agencies specifically delineating— “(A) the duties and responsibilities of each such element in the Agency with respect to the Great Lakes; “(B) the time periods for carrying out such duties and responsibilities; and “(C) the resources to be committed to such duties and responsibilities. “(5) Budget item.—The Administrator shall, in the Agency’s annual budget submission to Congress, include a funding request for the Program Office as a separate budget line item. “(6) Comprehensive report.—Within 90 days after the end of each fiscal year, the Administrator shall submit to Congress a comprehensive report which— “(A) describes the achievements in the preceding fiscal year in implementing the Great Lakes Water Quality Agreement of 1978 and shows by categories (including judicial enforcement, research, State cooperative efforts, and general administration) the amounts expended on Great Lakes water quality initiatives in such preceding fiscal year; “(B) describes the progress made in such preceding fiscal year in implementing the system of surveillance of the water quality in the Great Lakes System, including the monitoring of groundwater and sediment, with particular reference to toxic pollutants; “(C) describes the long-term prospects for improving the condition of the Great Lakes; and “(D) provides a comprehensive assessment of the planned efforts to be pursued in the succeeding fiscal year for implementing the Great Lakes Water Quality Agreement of 1978, which assessment shall— “(i) show by categories (including judicial enforcement, research, State cooperative efforts, and general administration) the amount anticipated to be expended on Great Lakes water quality initiatives in the fiscal year to which the assessment relates; and “(ii) include a report of current programs administered by other Federal agencies which make available resources to the Great Lakes water quality management efforts. “(d) Great Lakes Research.— “(1) Establishment of research office.—There is established within the National Oceanic and Atmospheric Administration the Great Lakes Research Office. “(2) Identification of issues.—The Research Office shall identify issues relating to the Great Lakes resources on which research is needed. The Research Office shall submit a report to Congress on such issues before the end of each fiscal year which shall identify any changes in the Great Lakes system with respect to such issues. “(3) Inventory.—The Research Office shall identify and inventory Federal, State, university, and tribal environmental research programs (and, to the extent feasible, those of private 101 STAT. 14organizations and other nations) relating to the Great Lakes system, and shall update that inventory every four years. “(4) Research exchange.—The Research Office shall establish a Great Lakes research exchange for the purpose of facilitating the rapid identification, acquisition, retrieval, dissemination, and use of information concerning research projects which are ongoing or completed and which affect the Great Lakes System. “(5) Research program.—The Research Office shall develop, in cooperation with the Coordination Office, a comprehensive environmental research program and data base for the Great Lakes system. The data base shall include, but not be limited to, data relating to water quality, fisheries, and biota. “(6) Monitoring.—The Research Office shall conduct, through the Great Lakes Environmental Research Laboratory, the National Sea Grant College program, other Federal laboratories, and the private sector, appropriate research and monitoring activities which address priority issues and current needs relating to the Great Lakes. “(7) Location.—The Research Office shall be located in a Great Lakes State. “(e) Research and Management Coordination.— “(1) Joint plan.—Before October 1 of each year, the Program Office and the Research Office shall prepare a joint research plan for the fiscal year which begins in the following calendar year. “(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; “(B) include the Agency’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. “(f) Interagency Cooperation.—The head of each department, agency, or other instrumentality of the Federal Government which is engaged in, is concerned with, or has authority over programs relating to research, monitoring, and planning to maintain, enhance, preserve, or rehabilitate the environmental quality and natural resources of the Great Lakes, including the Chief of Engineers of the Army, the Chief of the Soil Conservation Service, the Commandant of the Coast Guard, the Director of the Fish and Wildlife Service, and the Administrator of the National Oceanic and Atmospheric Administration, shall submit an annual report to the Administrator with respect to the activities of that agency or office affecting compliance with the Great Lakes Water Quality Agreement of 1978. “(g) Relationship to Existing Federal and State Laws and International Treaties.—Nothing in this section shall be construed to affect the jurisdiction, powers, or prerogatives of any department, agency, or officer of the Federal Government or of any State government, or of any tribe, nor any powers, jurisdiction, or prerogatives of any international body created by treaty with authority relating to the Great Lakes. 101 STAT. 15 “(h) Authorizations of Great Lakes Appropriations.—There are authorized to be appropriated to the Administrator to carry out this section not to exceed $11,000,000 per fiscal year for the fiscal years 1987, 1988, 1989, 1990, and 1991. Of the amounts appropriated each fiscal year— “(1) 40 percent shall be used by the Great Lakes National Program Office on demonstration projects on the feasibility of controlling and removing toxic pollutants; “(2) 7 percent shall be used by the Great Lakes National Program Office for the program of nutrient monitoring; and “(3) 30 percent shall be transferred to the National Oceanic and Atmospheric Administration for use by the Great Lakes Research Office.”.
Pub. L. 100-4, tit. I, sec. 104: GREAT LAKES. | Justis AI