33 U.S.C. § 1268 — Great Lakes

(a) Findings, purpose, and definitions.
(1) Findings. Congress finds that the Great Lakes are a valuable national resource that provides food, fresh water, recreation, beauty, and enjoyment to people in the United States and other nations. The United States should pursue the goals of the 1978 Great Lakes Water Quality Agreement, as amended in 1987 and by later agreements and amendments, especially its goals concerning toxic pollutants. The Environmental Protection Agency should lead that effort with other Federal agencies and State^* and local authorities.
(2) Purpose. This section aims to meet those Agreement goals through better organization and definition of the Agency’s mission, State grants for pollution^* control in the Great Lakes area, and better accountability for carrying out the Agreement.
(3) Definitions. “Agency” means the Environmental Protection Agency. “Great Lakes” means Lakes Ontario, Erie, Huron (including Lake St. Clair), Michigan, and Superior, and the connecting Saint Mary’s, Saint Clair, Detroit, Niagara, and Saint Lawrence Rivers up to the Canadian Border. “Great Lakes System” means all streams, rivers, lakes, and other waters in the Great Lakes drainage basin. “Program Office” means the Great Lakes National Program Office established here. “Research Office” means the office established under subsection (d). “Area of concern” means a Great Lakes geographic area where beneficial uses are impaired and which Annex 2 of the Agreement officially designates. “Great Lakes States” means Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. “Great Lakes Water Quality Agreement” means the 1978 agreement between the United States and Canada, as amended by the 1987 Protocol. “Lakewide Management Plan” means a written, systematic, comprehensive ecosystem plan for restoring and protecting beneficial uses of the open waters of a Great Lake under article VI and Annex 2. “Remedial Action Plan” means such a plan for areas of concern. “Site characterization” means monitoring and evaluating the nature and extent of sediment contamination under EPA guidance for contaminated sediment in a United States area of concern. “Potentially responsible party” means an individual or entity that may be liable under Federal or State authority being used or that may be used to help clean up and protect the Great Lakes.
(b) Great Lakes National Program Office. The previously established Great Lakes National Program Office is established within the Agency. A Director must head it. The Director must be highly qualified, because of management experience and technical expertise about the Great Lakes, to direct programs and plans on various Great Lakes issues. The office must be in a Great Lakes State.
(c) Great Lakes management.
(1) Functions. The Program Office shall develop and carry out specific action plans for United States responsibilities under the Agreement, working with appropriate Federal, State, tribal, and international agencies and following section 1251(e). It shall establish a systemwide surveillance network to monitor Great Lakes water quality, especially toxic pollutants; act as liaison with and provide information to the Canadian members of the International Joint Commission and Canada’s counterpart agency; coordinate Agency headquarters and regional actions to improve Great Lakes water quality; and coordinate Agency actions with other Federal agencies and State and local authorities so they can help develop strategies and support the Agreement’s objectives.
(2) Great Lakes water quality guidance. (A) By June 30, 1991, the Administrator, after consulting the Program Office, shall publish proposed Great Lakes System water-quality guidance in the Federal Register for public notice and comment. It must follow the Agreement, be at least as restrictive as this chapter and national criteria and guidance, set numerical pollutant^* limits in ambient Great Lakes waters to protect human health, aquatic life, and wildlife, and guide the States on minimum standards, antidegradation policies, and implementation procedures. (B) By June 30, 1992, the Administrator, consulting the Program Office and using authority under this chapter, shall publish final guidance in the Federal Register. (C) Within two years after publication, the Great Lakes States shall adopt consistent standards, policies, and procedures. If a State does not, the Administrator shall promulgate them by the end of that period. When reviewing a State water-quality plan, the Agency shall consider the State’s compliance with the guidance.
(3) Remedial Action Plans. (A) For each United States-drafted area-of-concern plan, the Program Office shall ensure that the State submits it to the Program Office by June 30, 1991, to the International Joint Commission by January 1, 1992, and into the State water-quality plan by January 1, 1993. (B) For each Canada-drafted plan, the Office shall work with Canada to ensure submission to the Commission by June 30, 1991, and finalization by January 1, 1993. (C) For an area designated after November 16, 1990, a United States plan must reach the Program Office within two years, the Commission within six months after that submission, and the State water-quality plan within one year after Commission submission. A Canada-drafted plan must reach the Commission within two years and be finalized within 18 months after submission. (D) The Office shall collect the Commission’s formal comments on individual plans and, on request, let the public inspect and copy them. It shall also provide EPA’s formal comments on request. (E) Within one year after November 27, 2002, the Administrator shall report to Congress on the actions, time periods, and resources needed for the Agency’s oversight duties under this paragraph and the Agreement.
(4) Lakewide Management Plans. After consulting the Program Office, the Administrator shall publish a proposed Lake Michigan plan and seek comments by January 1, 1992; submit it to the Commission by January 1, 1993; and publish a final plan and begin implementation by January 1, 1994. This does not prevent simultaneous plans for other Great Lakes.
(5) Spills. With the Coast Guard, the Office shall identify Great Lakes areas likely to have numerous or large oil or hazardous-material spills from land facilities, vessels, or other sources. With the States, it shall identify weaknesses in Federal and State prevention and response programs and systems. The information must be in the report required by this section at least every two years.
(6) Five-year nutrients program. With the States, the Office shall develop a five-year plan and program to reduce nutrients entering the Great Lakes. It must include any section 1329 nonpoint-source nutrient-runoff program and monitoring of runoff entering the Lakes and ambient nutrient levels.
(7) Great Lakes Restoration Initiative. (A) The Agency has a Great Lakes Restoration Initiative for protection and restoration programs and projects. (B) The Administrator shall prioritize, with non-Federal partners, projects addressing the Initiative Action Plan’s priorities: toxic substances and areas of concern; invasive species and their impacts; nearshore health and nonpoint-source pollution; habitat and wildlife, including wetland restoration and preservation; and accountability, monitoring, evaluation, communication, and partnerships. (C) The Administrator shall work with Federal partners, including the Great Lakes Interagency Task Force, to select combinations of projects using criteria including measurable strategic environmental results implementing the Action Plan and Agreement; prompt implementation, timely results, and leveraging resources; and better coordination and less duplication. The Administrator shall consult Great Lakes States and Indian tribes and seek other non-Federal input. The Administrator shall designate an appropriate Federal-partner coordinator for Initiative harmful-algal-bloom projects with those partners, States, tribes, and stakeholders.
(D) Initiative funds shall strategically implement Federal projects; projects coordinated with States, tribes, municipalities, higher-education institutions, and other organizations; and Program Office operations, including sediment remediation in areas of concern, subject to subparagraph (J)(ii). Each year the Administrator may, with the receiving head’s agreement, transfer no more than the amount appropriated under (J)(i) to a Federal department or agency, and may make an interagency agreement for those activities. The Administrator or a receiving agency head may grant funds or make agreements with a qualified non-Federal entity for planning, research, monitoring, outreach, or implementation of a selected project supporting the Action Plan or Agreement. Such an entity may be a governmental entity, nonprofit, institution, or individual.
(E) Projects may be local, Great Lakes-wide, or basin-wide. Initiative funds may not pay for water infrastructure that receives assistance from a State water-pollution revolving fund, a State drinking-water revolving loan fund under title 42 section 300j–12, or the 2014 Water Infrastructure Finance and Innovation Act. The exception is a green-infrastructure project improving Great Lakes habitat and other ecosystem functions. (F) Each relevant Federal agency shall, as practicable, maintain its base Great Lakes funding without counting Initiative funds and identify new activities and projects supporting the Initiative’s environmental goals. (G) At least every five years, the Administrator and Task Force shall review and appropriately revise the Action Plan. The Administrator shall consult States and tribes and seek other non-Federal input. (H) The Administrator shall monitor and periodically report publicly on progress, put information about each Action Plan project on a public website, and annually give the House Transportation and Infrastructure Committee and Senate Environment and Public Works Committee a detailed progress report and amounts transferred to Federal agencies. (I) “Initiative Action Plan” means the comprehensive, multiyear Great Lakes restoration plan first developed under the 2010 Interior and related agencies appropriations conference statement. (J) Appropriations are authorized at $300 million for each fiscal year 2017–2021, $375 million for 2022, $400 million for 2023, $425 million for 2024, $450 million for 2025, and $475 million for 2026. Nothing in this paragraph creates, expands, or changes the Administrator’s authority under this section, the Action Plan, or the Agreement.
(8) The Administrator shall ensure that the Program Office makes agreements with Agency organizational elements and appropriate State agencies that specifically state each element’s Great Lakes duties and responsibilities, the time periods, and the resources committed.
(9) The Agency’s annual budget submission shall separately request Program Office funding.
(10) Confined disposal facilities. (A) Within one year after November 16, 1990, the Administrator, consulting the Army Assistant Secretary for Civil Works, shall develop and carry out management plans for every Great Lakes confined disposal facility. (B) Each plan shall provide for monitoring water quality at and around the site, sediment quality at and around the site, the diversity, productivity, and stability of aquatic organisms at and around the site, and other conditions the Administrator finds appropriate. (C) It shall state the expected use and management of the site for the next 20 years, including expected end of dumping and the need for management and pollution control afterward. (D) It shall set review and revision schedules no less often than five years after adoption and every five years thereafter.
(11) Sediment remediation in areas of concern. (A) Through the Program Office, the Administrator may carry out projects meeting (B). (B) An eligible project is in a United States area of concern and monitors or evaluates contaminated sediment; implements a contaminated-sediment remediation plan, including related aquatic-habitat restoration; or prevents further or renewed sediment contamination. (C) The Administrator shall prioritize projects that are remedial action, are identified in a submitted and ready Remedial Action Plan, use an innovative approach that may provide greater or equally effective benefits at lower cost, or begin remediation within one year after receiving funds. (D) The Administrator may not remediate sediment where alternatives have not been evaluated, including short- and long-term effects on health and the environment; where significant further or renewed contamination from existing sources is likely after the project; without a written agreement from every non-Federal sponsor covering its responsibilities; or without assurance that the Agency made a reasonable inquiry to identify potentially responsible parties connected to the site. (E) The non-Federal share must be at least 35 percent. It may include an in-kind contribution. An agreement may credit an integral material or service. If the sponsor is to receive credit for work not done by October 8, 2008, the parties must agree first, and only later work qualifies. Credit cannot exceed the non-Federal share or the actual reasonable material and service costs. In-kind contributions may include sponsor-provided planning, data collection, design, construction, and materials. Credit may be used for another project by the same sponsor in the same area of concern. The share may include money or in-kind work under an administrative order on consent or judicial consent decree, but not under a unilateral administrative order or court order. The sponsor pays 100 percent of operation and maintenance costs. (F) The Administrator, consulting affected States or local governments, shall pay Federal costs for one site characterization per discrete site in a remediation project. (G) The Administrator shall coordinate with the Army Secretary and project-State Governors to use Federal and State assistance efficiently. (H) An additional $50 million per year is authorized for fiscal years 2004–2010, available until spent; no more than 20 percent may pay for site characterization.
(12) Public information. Through the Program Office and with States, tribes, local governments, and others, the Administrator may provide the public information about sediment remediation in United States areas of concern. One million dollars per year is authorized for fiscal years 2004–2010.
(d) Great Lakes research. (1) NOAA shall have a Great Lakes Research Office. (2) It shall identify Great Lakes resource issues needing research and report them to Congress before each fiscal year ends, including changes in the system concerning those issues. (3) It shall identify and inventory Federal, State, university, and tribal environmental research programs, and when feasible private and foreign programs, and update the inventory every four years. (4) It shall establish a research exchange to quickly identify, obtain, retrieve, share, and use information about completed and ongoing projects affecting the System. (5) With the Coordination Office, it shall develop a comprehensive research program and database including water quality, fisheries, and biota data. (6) Through named Federal laboratories, the Sea Grant program, and the private sector, it shall conduct appropriate research and monitoring on priority and current Great Lakes needs. (7) It shall be in a Great Lakes State.
(e) Research and management coordination. (1) Before October 1 each year, the two offices shall prepare a joint research plan for the next calendar year’s fiscal year. (2) The plan shall identify proposed Agreement research, state Agency research priorities needed to fulfill the Agreement, and proposed research usable for a comprehensive System database, with database-development priorities. (3) By September 30, 1994, the Program Office, consulting the Research Office, ATSDR, and Great Lakes States, shall report to Congress on harmful effects of Great Lakes pollutants on people in the States and on fish, shellfish, and wildlife. The Administrator may use cooperative agreements with States. Up to $3 million per year is authorized for fiscal years 1992–1994.
(f) Interagency cooperation. Each Federal department, agency, or instrumentality engaged in, concerned with, or authorized over Great Lakes research, monitoring, or planning shall annually report to the Administrator on activities affecting compliance with the Agreement. This includes the Army Chief of Engineers, Soil Conservation Service Chief, Coast Guard Commandant, Fish and Wildlife Service Director, and NOAA Administrator.
(g) Existing authority. Nothing affects Federal, State, or tribal jurisdiction, powers, or prerogatives, treaty-created international bodies’ powers concerning the Lakes, or other Federal or State authority used or usable for Great Lakes cleanup and protection.
(h) Appropriations. Up to $11 million per year is authorized for fiscal years 1987–1990 and $25 million for 1991; necessary sums for 1992–2003; and $25 million per year for 2004–2008.