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United States Code (Last Updated: May 24, 2014) |
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Title 33. NAVIGATION AND NAVIGABLE WATERS |
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Chapter 26. WATER POLLUTION PREVENTION AND CONTROL |
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SubChapter I. RESEARCH AND RELATED PROGRAMS |
§ 1268. Great Lakes
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(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, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments, 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, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments, 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); (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; (E) “Research Office” means the Great Lakes Research Office established by subsection (d) of this section; (F) “area of concern” means a geographic area located within the Great Lakes, in which beneficial uses are impaired and which has been officially designated as such under Annex 2 of the Great Lakes Water Quality Agreement; (G) “Great Lakes States” means the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin; (H) “Great Lakes Water Quality Agreement” means the bilateral agreement, between the United States and Canada which was signed in 1978 and amended by the Protocol of 1987; (I) “Lakewide Management Plan” means a written document which embodies a systematic and comprehensive ecosystem approach to restoring and protecting the beneficial uses of the open waters of each of the Great Lakes, in accordance with article VI and Annex 2 of the Great Lakes Water Quality Agreement; (J) “Remedial Action Plan” means a written document which embodies a systematic and comprehensive ecosystem approach to restoring and protecting the beneficial uses of areas of concern, in accordance with article VI and Annex 2 of the Great Lakes Water Quality Agreement; (K) “site characterization” means a process for monitoring and evaluating the nature and extent of sediment contamination in accordance with the Environmental Protection Agency’s guidance for the assessment of contaminated sediment in an area of concern located wholly or partially within the United States; and (L) “potentially responsible party” means an individual or entity that may be liable under any Federal or State authority that is being used or may be used to facilitate the cleanup and protection of the Great Lakes. (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 1251(e) of this title, develop and implement specific action plans to carry out the responsibilities of the United States 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 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. (3) Health research report (A) Not later than September 30, 1994 , the Program Office, in consultation with the Research Office, the Agency for Toxic Substances and Disease Registry, and Great Lakes States shall submit to the Congress a report assessing the adverse effects of water pollutants in the Great Lakes System on the health of persons in Great Lakes States and the health of fish, shellfish, and wildlife in the Great Lakes System. In conducting research in support of this report, the Administrator may, where appropriate, provide for research to be conducted under cooperative agreements with Great Lakes States.(B) There is authorized to be appropriated to the Administrator to carry out this section not to exceed $3,000,000 for each of fiscal years 1992, 1993, and 1994. (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, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments,.3
(g) Relationship to existing Federal and State laws and international treaties Nothing in this section shall be construed— (1) 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; or (2) to affect any other Federal or State authority that is being used or may be used to facilitate the cleanup and protection of the Great Lakes. (h) Authorizations of Great Lakes appropriations There are authorized to be appropriated to the Administrator to carry out this section not to exceed— (1) $11,000,000 per fiscal year for the fiscal years 1987, 1988, 1989, and 1990, and $25,000,000 for fiscal year 1991; (2) such sums as are necessary for each of fiscal years 1992 through 2003; and (3) $25,000,000 for each of fiscal years 2004 through 2008.
Codification
Amendments
2008—Subsec. (a)(3)(K), (L). Pub. L. 110–365, § 2, added subpars. (K) and (L).
Subsec. (c)(12)(B)(ii). Pub. L. 110–365, § 3(a), substituted “sediment, including activities to restore aquatic habitat that are carried out in conjunction with a project for the remediation of contaminated sediment” for “sediment”.
Subsec. (c)(12)(D). Pub. L. 110–365, § 3(b)(1), substituted “Limitations” for “Limitation” in heading.
Subsec. (c)(12)(D)(iii), (iv). Pub. L. 110–365, § 3(b)(2)–(4), added cls. (iii) and (iv).
Subsec. (c)(12)(E)(ii). Pub. L. 110–365, § 3(c), amended cl. (ii) generally. Prior to amendment, text read as follows: “The non-Federal share of the cost of a project carried out under this paragraph may include the value of in-kind services contributed by a non-Federal sponsor.”
Subsec. (c)(12)(E)(iii). Pub. L. 110–365, § 3(d)(2), added cl. (iii). Former cl. (iii) redesignated (iv).
Subsec. (c)(12)(E)(iv). Pub. L. 110–365, § 3(d)(1), (3), redesignated cl. (iii) as (iv) and substituted “contribution” for “service” in two places. Former cl. (iv) redesignated (v).
Subsec. (c)(12)(E)(v). Pub. L. 110–365, § 3(d)(1), redesignated cl. (iv) as (v).
Subsec. (c)(12)(F). Pub. L. 110–365, § 3(e), amended subpar. (F) generally. Prior to amendment, text read as follows: “The Administrator may not carry out a project under this paragraph unless the non-Federal sponsor enters into such agreements with the Administrator as the Administrator may require to ensure that the non-Federal sponsor will maintain its aggregate expenditures from all other sources for remediation programs in the area of concern in which the project is located at or above the average level of such expenditures in the 2 fiscal years preceding the date on which the project is initiated.”
Subsec. (c)(12)(H)(i). Pub. L. 110–365, § 3(f)(1), added cl. (i) and struck out former cl. (i). Prior to amendment, text read as follows: “In addition to other amounts authorized under this section, there is authorized to be appropriated to carry out this paragraph $50,000,000 for each of fiscal years 2004 through 2008.”
Subsec. (c)(12)(H)(iii). Pub. L. 110–365, § 3(f)(2), added cl. (iii).
Subsec. (c)(13)(B). Pub. L. 110–365, § 3(g), substituted “2010” for “2008”.
2002—Subsec. (c)(3)(E). Pub. L. 107–303, § 102, added subpar. (E).
Subsec. (c)(12), (13). Pub. L. 107–303, § 103, added pars. (12) and (13).
Subsec. (g). Pub. L. 107–303, § 104, substituted “construed—” for “construed to affect”, inserted “(1) to affect” before “the jurisdiction”, substituted “Lakes; or” for “Lakes.”, and added par. (2).
Subsec. (h). Pub. L. 107–303, § 105, substituted “not to exceed—” for “not to exceed $11,000,000”, inserted “(1) $11,000,000” before “per fiscal year for”, substituted “1991;” for “1991.”, added pars. (2) and (3), and struck out former last sentence which read as follows: “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 or $3,300,000, whichever is the lesser, shall be transferred to the National Oceanic and Atmospheric Administration for use by the Great Lakes Research Office.”
1990—Subsec. (a)(3)(F) to (J). Pub. L. 101–596, § 103, added subpars. (F) to (J).
Subsec. (c)(2) to (11). Pub. L. 101–596, §§ 101, 102, 104, added pars. (2) to (5) after par. (1) and renumbered existing paragraphs accordingly, which was executed by renumbering pars. (2) to (6) as (6) to (10), respectively, redesignated existing provisions of par. (7) as subpar. (A) and added subpars. (B) and (C), and added par. (11).
Subsec. (e)(3). Pub. L. 101–596, § 106, added par. (3).
Subsec. (h). Pub. L. 101–596, § 105, substituted “and 1990, and $25,000,000 for fiscal year 1991” for “1990, and 1991” in introductory provisions and inserted “or $3,300,000, whichever is the lesser,” after “30 percent” in par. (3).
1988—Subsecs. (a)(1)(B), (2), (c)(1)(A), (6)(A), (D), (e)(2)(A), (f). Pub. L. 100–688 inserted “, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments,” after “the Great Lakes Water Quality Agreement of 1978”.
Transfer Of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
Miscellaneous
Pub. L. 108–447, div. I, title III,
Pub. L. 101–640, title IV, § 401,
Executive Order
Ex. Ord. No. 13340,
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to help establish a regional collaboration of national significance for the Great Lakes, it is hereby ordered as follows:
Section 1. Policy. The Great Lakes are a national treasure constituting the largest freshwater system in the world. The United States and Canada have made great progress addressing past and current environmental impacts to the Great Lakes ecology. The Federal Government is committed to making progress on the many significant challenges that remain. Along with numerous State, tribal, and local programs, over 140 Federal programs help fund and implement environmental restoration and management activities throughout the Great Lakes system. A number of intergovernmental bodies are providing leadership in the region to address environmental and resource management issues in the Great Lakes system. These activities would benefit substantially from more systematic collaboration and better integration of effort. It is the policy of the Federal Government to support local and regional efforts to address environmental challenges and to encourage local citizen and community stewardship. To this end, the Federal Government will partner with the Great Lakes States, tribal and local governments, communities, and other interests to establish a regional collaboration to address nationally significant environmental and natural resource issues involving the Great Lakes. It is the further policy of the Federal Government that its executive departments and agencies will ensure that their programs are funding effective, coordinated, and environmentally sound activities in the Great Lakes system.
Sec. 2. Definitions. For purposes of this order:
(a) “Great Lakes” means Lake Ontario, Lake Erie, Lake Huron (including Lake Saint Clair), Lake Michigan, and Lake Superior, and the connecting channels (Saint Marys River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian Border).
(b) “Great Lakes system” means all the streams, rivers, lakes, and other bodies of water within the drainage basin of the Great Lakes.
Sec. 3. Great Lakes Interagency Task Force.
(a) Task Force Purpose. To further the policy described in section 1 of this order, there is established, within the Environmental Protection Agency for administrative purposes, the “Great Lakes Interagency Task Force” (Task Force) to:
(i) Help convene and establish a process for collaboration among the members of the Task Force and the members of the Working Group that is established in paragraph b(ii) of this section, with the Great Lakes States, local communities, tribes, regional bodies, and other interests in the Great Lakes region regarding policies, strategies, plans, programs, projects, activities, and priorities for the Great Lakes system.
(ii) Collaborate with Canada and its provinces and with bi-national bodies involved in the Great Lakes region regarding policies, strategies, projects, and priorities for the Great Lakes system.
(iii) Coordinate the development of consistent Federal policies, strategies, projects, and priorities for addressing the restoration and protection of the Great Lakes system and assisting in the appropriate management of the Great Lakes system.
(iv) Develop outcome-based goals for the Great Lakes system relying upon, among other things, existing data and science-based indicators of water quality and related environmental factors. These goals shall focus on outcomes such as cleaner water, sustainable fisheries, and biodiversity of the Great Lakes system and ensure that Federal policies, strategies, projects, and priorities support measurable results.
(v) Exchange information regarding policies, strategies, projects, and activities of the agencies represented on the Task Force related to the Great Lakes system.
(vi) Work to coordinate government action associated with the Great Lakes system.
(vii) Ensure coordinated Federal scientific and other research associated with the Great Lakes system.
(viii) Ensure coordinated government development and implementation of the Great Lakes portion of the Global Earth Observation System of Systems.
(ix) Provide assistance and support to agencies represented on the Task Force in their activities related to the Great Lakes system.
(x) Submit a report to the President by
(b) Membership and Operation.
(i) The Task Force shall consist exclusively of the following officers of the United States: the Administrator of the Environmental Protection Agency (who shall chair the Task Force), the Secretary of State, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Secretary of Homeland Security, the Secretary of the Army, and the Chairman of the Council on Environmental Quality. A member of the Task Force may designate, to perform the Task Force functions of the member, any person who is part of the member’s department, agency, or office and who is either an officer of the United States appointed by the President or a full-time employee serving in a position with pay equal to or greater than the minimum rate payable for GS–15 of the General Schedule. The Task Force shall report to the President through the Chairman of the Council on Environmental Quality.
(ii) The Task Force shall establish a “Great Lakes Regional Working Group” (Working Group) composed of the appropriate regional administrator or director with programmatic responsibility for the Great Lakes system for each agency represented on the Task Force including: the Great Lakes National Program Office of the Environmental Protection Agency; the United States Fish and Wildlife Service, National Park Service, and United States Geological Survey within the Department of the Interior; the Natural Resources Conservation Service and the Forest Service of the Department of Agriculture; the National Oceanic and Atmospheric Administration of the Department of Commerce; the Department of Housing and Urban Development; the Department of Transportation; the Coast Guard within the Department of Homeland Security; and the Army Corps of Engineers within the Department of the Army. The Working Group will coordinate and make recommendations on how to implement the policies, strategies, projects, and priorities of the Task Force.
(c) Management Principles for Regional Collaboration of National Significance. To further the policy described in section 1, the Task Force shall recognize and apply key principles and foster conditions to ensure successful collaboration. To that end, the Environmental Protection Agency will coordinate the development of a set of principles of successful collaboration.
Sec. 4. Great Lakes National Program Office. The Great Lakes National Program Office of the Environmental Protection Agency shall assist the Task Force and the Working Group in the performance of their functions. The Great Lakes National Program Manager shall serve as chair of the Working Group.
Sec. 5. Preservation of Authority. Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, regulatory, and legislative proposals. Nothing in this order shall be construed to affect the statutory authority or obligations of any Federal agency or any bi-national agreement with Canada.
Sec. 6. Judicial Review. This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person.