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33 U.S.C. § 1268 — Great Lakes

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33 U.S.C. § 1268 — 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, 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

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Source location: Title 33, Chapter 26, § 1268; chapter-026-water-pollution-prevention-and-control.md

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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); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251/e&num=0&edition=prelim), 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,; 11 So in original. (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) **Great Lakes water quality guidance** (A) By June 30, 1991, the Administrator, after consultation with the Program Office, shall publish in the Federal Register for public notice and comment proposed water quality guidance for the Great Lakes System. Such guidance shall conform with the objectives and provisions of the Great Lakes Water Quality Agreement, shall be no less restrictive than the provisions of this chapter and national water quality criteria and guidance, shall specify numerical limits on pollutants in ambient Great Lakes waters to protect human health, aquatic life, and wildlife, and shall provide guidance to the Great Lakes States on minimum water quality standards, antidegradation policies, and implementation procedures for the Great Lakes System. (B) By June 30, 1992, the Administrator, in consultation with the Program Office, shall publish in the Federal Register, pursuant to this section and the Administrator’s authority under this chapter, final water quality guidance for the Great Lakes System. (C) Within two years after such Great Lakes guidance is published, the Great Lakes States shall adopt water quality standards, antidegradation policies, and implementation procedures for waters within the Great Lakes System which are consistent with such guidance. If a Great Lakes State fails to adopt such standards, policies, and procedures, the Administrator shall promulgate them not later than the end of such two-year period. When reviewing any Great Lakes State’s water quality plan, the agency shall consider the extent to which the State has complied with the Great Lakes guidance issued pursuant to this section. (3) **Remedial Action Plans** (A) For each area of concern for which the United States has agreed to draft a Remedial Action Plan, the Program Office shall ensure that the Great Lakes State in which such area of concern is located— (i) submits a Remedial Action Plan to the Program Office by June 30, 1991; (ii) submits such Remedial Action Plan to the International Joint Commission by January 1, 1992; and (iii) includes such Remedial Action Plans within the State’s water quality plan by January 1, 1993. (B) For each area of concern for which Canada has agreed to draft a Remedial Action Plan, the Program Office shall, pursuant to subparagraph (c)(1)(C) of this section, work with Canada to assure the submission of such Remedial Action Plans to the International Joint Commission by June 30, 1991, and to finalize such Remedial Action Plans by January 1, 1993. (C) For any area of concern designated as such subsequent to November 16, 1990, the Program Office shall (i) if the United States has agreed to draft the Remedial Action Plan, ensure that the Great Lakes State in which such area of concern is located submits such Plan to the Program Office within two years of the area’s designation, submits it to the International Joint Commission no later than six months after submitting it to the Program Office, and includes such Plan in the State’s water quality plan no later than one year after submitting it to the Commission; and (ii) if Canada has agreed to draft the Remedial Action Plan, work with Canada, pursuant to subparagraph (c)(1)(C) of this section, to ensure the submission of such Plan to the International Joint Commission within two years of the area’s designation and the finalization of such Plan no later than eighteen months after submitting it to such Commission. (D) The Program Office shall compile formal comments on individual Remedial Action Plans made by the International Joint Commission pursuant to section 4(d) of Annex 2 of the Great Lakes Water Quality Agreement and, upon request by a member of the public, shall make such comments available for inspection and copying. The Program Office shall also make available, upon request, formal comments made by the Environmental Protection Agency on individual Remedial Action Plans. (E) *Report.—* — Not later than 1 year after November 27, 2002, the Administrator shall submit to Congress a report on such actions, time periods, and resources as are necessary to fulfill the duties of the Agency relating to oversight of Remedial Action Plans under— (i) this paragraph; and (ii) the Great Lakes Water Quality Agreement. (4) **Lakewide Management Plans** — The Administrator, in consultation with the Program Office shall— (A) by January 1, 1992, publish in the Federal Register a proposed Lakewide Management Plan for Lake Michigan and solicit public comments; (B) by January 1, 1993, submit a proposed Lakewide Management Plan for Lake Michigan to the International Joint Commission for review; and (C) by January 1, 1994, publish in the Federal Register a final Lakewide Management Plan for Lake Michigan and begin implementation. Nothing in this subparagraph 22 So in original. Probably should be “paragraph”. shall preclude the simultaneous development of Lakewide Management Plans for the other Great Lakes. (5) **Spills of oil and hazardous materials** — The Program Office, in consultation with the Coast Guard, shall identify areas within the Great Lakes which are likely to experience numerous or voluminous spills of oil or other hazardous materials from land based facilities, vessels, or other sources and, in consultation with the Great Lakes States, shall identify weaknesses in Federal and State programs and systems to prevent and respond to such spills. This information shall be included on at least a biennial basis in the report required by this section. (6) **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 1329 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1329&num=0&edition=prelim) and shall include a program for monitoring nutrient runoff into, and ambient levels in, the Great Lakes. (7) **Great Lakes Restoration Initiative** (A) *Establishment* — There is established in the Agency a Great Lakes Restoration Initiative (referred to in this paragraph as the “Initiative”) to carry out programs and projects for Great Lakes protection and restoration. (B) *Focus areas* — In carrying out the Initiative, the Administrator shall prioritize programs and projects, to be carried out in coordination with non-Federal partners, that address the priority areas described in the Initiative Action Plan, including— (i) the remediation of toxic substances and areas of concern; (ii) the prevention and control of invasive species and the impacts of invasive species; (iii) the protection and restoration of nearshore health and the prevention and mitigation of nonpoint source pollution; (iv) habitat and wildlife protection and restoration, including wetlands restoration and preservation; and (v) accountability, monitoring, evaluation, communication, and partnership activities. (C) *Projects* (i) *In general* — In carrying out the Initiative, the Administrator shall collaborate with other Federal partners, including the Great Lakes Interagency Task Force established by Executive Order No. 13340 (69 Fed. Reg. 29043), to select the best combination of programs and projects for Great Lakes protection and restoration using appropriate principles and criteria, including whether a program or project provides— (I) the ability to achieve strategic and measurable environmental outcomes that implement the Initiative Action Plan and the Great Lakes Water Quality Agreement; (II) the feasibility of— (aa) prompt implementation; (bb) timely achievement of results; and (cc) resource leveraging; and (III) the opportunity to improve interagency, intergovernmental, and interorganizational coordination and collaboration to reduce duplication and streamline efforts. (ii) *Outreach* — In selecting the best combination of programs and projects for Great Lakes protection and restoration under clause (i), the Administrator shall consult with the Great Lakes States and Indian tribes and solicit input from other non-Federal stakeholders. (iii) *Harmful algal bloom coordinator* — The Administrator shall designate a point person from an appropriate Federal partner to coordinate, with Federal partners and Great Lakes States, Indian tribes, and other non-Federal stakeholders, projects and activities under the Initiative involving harmful algal blooms in the Great Lakes. (D) *Implementation of projects* (i) *In general* — Subject to subparagraph (J)(ii), funds made available to carry out the Initiative shall be used to strategically implement— (I) Federal projects; (II) projects carried out in coordination with States, Indian tribes, municipalities, institutions of higher education, and other organizations; and (III) operations and activities of the Program Office, including remediation of sediment contamination in areas of concern. (ii) *Transfer of funds* — With amounts made available for the Initiative each fiscal year, the Administrator may— (I) transfer not more than the total amount appropriated under subparagraph (J)(i) for the fiscal year to the head of any Federal department or agency, with the concurrence of the department or agency head, to carry out activities to support the Initiative and the Great Lakes Water Quality Agreement; and (II) enter into an interagency agreement with the head of any Federal department or agency to carry out activities described in subclause (I). (iii) *Agreements with non-Federal entities* (I) *In general* — The Administrator, or the head of any other Federal department or agency receiving funds under clause (ii)(I), may make a grant to, or otherwise enter into an agreement with, a qualified non-Federal entity, as determined by the Administrator or the applicable head of the other Federal department or agency receiving funds, for planning, research, monitoring, outreach, or implementation of a project selected under subparagraph (C), to support the Initiative Action Plan or the Great Lakes Water Quality Agreement. (II) *Qualified non-Federal entity* — For purposes of this clause, a qualified non-Federal entity may include a governmental entity, nonprofit organization, institution, or individual. (E) *Scope* (i) *In general* — Projects may be carried out under the Initiative on multiple levels, including— (I) locally; (II) Great Lakes-wide; or (III) Great Lakes basin-wide. (ii) *Limitation* — No funds made available to carry out the Initiative may be used for any water infrastructure activity (other than a green infrastructure project that improves habitat and other ecosystem functions in the Great Lakes) for which financial assistance is received— (I) from a State water pollution control revolving fund established under subchapter VI; (II) from a State drinking water revolving loan fund established under [section 300j–12 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300j–12&num=0&edition=prelim); or (III) pursuant to the Water Infrastructure Finance and Innovation Act of 2014 ([33 U.S.C. 3901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3901&num=0&edition=prelim) et seq.). (F) *Activities by other Federal agencies* — Each relevant Federal department or agency shall, to the maximum extent practicable— (i) maintain the base level of funding for the Great Lakes activities of that department or agency without regard to funding under the Initiative; and (ii) identify new activities and projects to support the environmental goals of the Initiative. (G) *Revision of Initiative Action Plan* (i) *In general* — Not less often than once every 5 years, the Administrator, in conjunction with the Great Lakes Interagency Task Force, shall review, and revise as appropriate, the Initiative Action Plan to guide the activities of the Initiative in addressing the restoration and protection of the Great Lakes system. (ii) *Outreach* — In reviewing and revising the Initiative Action Plan under clause (i), the Administrator shall consult with the Great Lakes States and Indian tribes and solicit input from other non-Federal stakeholders. (H) *Monitoring and reporting* — The Administrator shall— (i) establish and maintain a process for monitoring and periodically reporting to the public on the progress made in implementing the Initiative Action Plan; (ii) make information about each project carried out under the Initiative Action Plan available on a public website; and (iii) provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a yearly detailed description of the progress of the Initiative and amounts transferred to participating Federal departments and agencies under subparagraph (D)(ii). (I) *Initiative Action Plan defined* — In this paragraph, the term “Initiative Action Plan” means the comprehensive, multiyear action plan for the restoration of the Great Lakes, first developed pursuant to the Joint Explanatory Statement of the Conference Report accompanying the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 (Public Law 111–88). (J) *Funding* (i) *In general* — There are authorized to be appropriated to carry out this paragraph— (I) $300,000,000 for each of fiscal years 2017 through 2021; (II) $375,000,000 for fiscal year 2022; (III) $400,000,000 for fiscal year 2023; (IV) $425,000,000 for fiscal year 2024; (V) $450,000,000 for fiscal year 2025; and (VI) $475,000,000 for fiscal year 2026. (ii) *Limitation* — Nothing in this paragraph creates, expands, or amends the authority of the Administrator to implement programs or projects under— (I) this section; (II) the Initiative Action Plan; or (III) the Great Lakes Water Quality Agreement. (8) **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. (9) **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. (10) **Confined disposal facilities** (A) The Administrator, in consultation with the Assistant Secretary of the Army for Civil Works, shall develop and implement, within one year of November 16, 1990, management plans for every Great Lakes confined disposal facility. (B) The plan shall provide for monitoring of such facilities, including— (i) water quality at the site and in the area of the site; (ii) sediment quality at the site and in the area of the site; (iii) the diversity, productivity, and stability of aquatic organisms at the site and in the area of the site; and (iv) such other conditions as the Administrator deems appropriate. (C) The plan shall identify the anticipated use and management of the site over the following twenty-year period including the expected termination of dumping at the site, the anticipated need for site management, including pollution control, following the termination of the use of the site. (D) The plan shall identify a schedule for review and revision of the plan which shall not be less frequent than five years after adoption of the plan and every five years thereafter. (11) **Remediation of sediment contamination in areas of concern** (A) *In general* — In accordance with this paragraph, the Administrator, acting through the Program Office, may carry out projects that meet the requirements of subparagraph (B). (B) *Eligible projects* — A project meets the requirements of this subparagraph if the project is to be carried out in an area of concern located wholly or partially in the United States and the project— (i) monitors or evaluates contaminated sediment; (ii) subject to subparagraph (D), implements a plan to remediate contaminated sediment, including activities to restore aquatic habitat that are carried out in conjunction with a project for the remediation of contaminated sediment; or (iii) prevents further or renewed contamination of sediment. (C) *Priority* — In selecting projects to carry out under this paragraph, the Administrator shall give priority to a project that— (i) constitutes remedial action for contaminated sediment; (ii) (I) has been identified in a Remedial Action Plan submitted under paragraph (3); and (II) is ready to be implemented; (iii) will use an innovative approach, technology, or technique that may provide greater environmental benefits, or equivalent environmental benefits at a reduced cost; or (iv) includes remediation to be commenced not later than 1 year after the date of receipt of funds for the project. (D) *Limitations* — The Administrator may not carry out a project under this paragraph for remediation of contaminated sediments located in an area of concern— (i) if an evaluation of remedial alternatives for the area of concern has not been conducted, including a review of the short-term and long-term effects of the alternatives on human health and the environment; (ii) if the Administrator determines that the area of concern is likely to suffer significant further or renewed contamination from existing sources of pollutants causing sediment contamination following completion of the project; (iii) unless each non-Federal sponsor for the project has entered into a written project agreement with the Administrator under which the party agrees to carry out its responsibilities and requirements for the project; or (iv) unless the Administrator provides assurance that the Agency has conducted a reasonable inquiry to identify potentially responsible parties connected with the site. (E) *Non-Federal share* (i) *In general* — The non-Federal share of the cost of a project carried out under this paragraph shall be at least 35 percent. (ii) *In-kind contributions* (I) *In general* — The non-Federal share of the cost of a project carried out under this paragraph may include the value of an in-kind contribution provided by a non-Federal sponsor. (II) *Credit* — A project agreement described in subparagraph (D)(iii) may provide, with respect to a project, that the Administrator shall credit toward the non-Federal share of the cost of the project the value of an in-kind contribution made by the non-Federal sponsor, if the Administrator determines that the material or service provided as the in-kind contribution is integral to the project. (III) *Work performed before project agreement* — In any case in which a non-Federal sponsor is to receive credit under subclause (II) for the cost of work carried out by the non-Federal sponsor and such work has not been carried out by the non-Federal sponsor as of October 8, 2008, the Administrator and the non-Federal sponsor shall enter into an agreement under which the non-Federal sponsor shall carry out such work, and only work carried out following the execution of the agreement shall be eligible for credit. (IV) *Limitation* — Credit authorized under this clause for a project carried out under this paragraph— (aa) shall not exceed the non-Federal share of the cost of the project; and (bb) shall not exceed the actual and reasonable costs of the materials and services provided by the non-Federal sponsor, as determined by the Administrator. (V) *Inclusion of certain contributions* — In this subparagraph, the term “in-kind contribution” may include the costs of planning (including data collection), design, construction, and materials that are provided by the non-Federal sponsor for implementation of a project under this paragraph. (iii) *Treatment of credit between projects* — Any credit provided under this subparagraph towards the non-Federal share of the cost of a project carried out under this paragraph may be applied towards the non-Federal share of the cost of any other project carried out under this paragraph by the same non-Federal sponsor for a site within the same area of concern. (iv) *Non-Federal share* — The non-Federal share of the cost of a project carried out under this paragraph— (I) may include monies paid pursuant to, or the value of any in-kind contribution performed under, an administrative order on consent or judicial consent decree; but (II) may not include any funds paid pursuant to, or the value of any in-kind contribution performed under, a unilateral administrative order or court order. (v) *Operation and maintenance* — The non-Federal share of the cost of the operation and maintenance of a project carried out under this paragraph shall be 100 percent. (F) *Site characterization* (i) *In general* — The Administrator, in consultation with any affected State or unit of local government, shall carry out at Federal expense the site characterization of a project under this paragraph for the remediation of contaminated sediment. (ii) *Limitation* — For purposes of clause (i), the Administrator may carry out one site assessment per discrete site within a project at Federal expense. (G) *Coordination* — In carrying out projects under this paragraph, the Administrator shall coordinate with the Secretary of the Army, and with the Governors of States in which the projects are located, to ensure that Federal and State assistance for remediation in areas of concern is used as efficiently as practicable. (H) *Authorization of appropriations* (i) *In general* — 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 2010. (ii) *Availability* — Funds made available under clause (i) shall remain available until expended. (iii) *Allocation of funds* — Not more than 20 percent of the funds appropriated pursuant to clause (i) for a fiscal year may be used to carry out subparagraph (F). (12) **Public information program** (A) *In general* — The Administrator, acting through the Program Office and in coordination with States, Indian tribes, local governments, and other entities, may carry out a public information program to provide information relating to the remediation of contaminated sediment to the public in areas of concern that are located wholly or partially in the United States. (B) *Authorization of appropriations* — There is authorized to be appropriated to carry out this paragraph $1,000,000 for each of fiscal years 2004 through 2010. **(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 33 So in original. Probably should be capitalized. 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 organizations and other nations) relating to the Great Lakes system,3 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.3 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, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments,; 1 (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,.1 **(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.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1329 — Nonpoint source management programs

**(a) State assessment reports** (1) **Contents** — The Governor of each State shall, after notice and opportunity for public comment, prepare and submit to the Administrator for approval, a report which— (A) identifies those navigable waters within the State which, without additional action to control nonpoint sources of pollution, cannot reasonably be expected to attain or maintain applicable water quality standards or the goals and requirements of this chapter; (B) identifies those categories and subcategories of nonpoint sources or, where appropriate, particular nonpoint sources which add significant pollution to each portion of the navigable waters identified under subparagraph (A) in amounts which contribute to such portion not meeting such water quality standards or such goals and requirements; (C) describes the process, including intergovernmental coordination and public participation, for identifying best management practices and measures to control each category and subcategory of nonpoint sources and, where appropriate, particular nonpoint sources identified under subparagraph (B) and to reduce, to the maximum extent practicable, the level of pollution resulting from such category, subcategory, or source; and (D) identifies and describes State and local programs for controlling pollution added from nonpoint sources to, and improving the quality of, each such portion of the navigable waters, including but not limited to those programs which are receiving Federal assistance under subsections (h) and (i). (2) **Information used in preparation** — In developing the report required by this section, the State (A) may rely upon information developed pursuant to sections 1288, 1313(e), 1314(f), 1315(b), and 1324 of this title, and other information as a

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1329

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1292 — Definitions

As used in this subchapter— (1) The term “construction” means any one or more of the following: preliminary planning to determine the feasibility of treatment works, engineering, architectural, legal, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, field testing of innovative or alternative waste water treatment processes and techniques meeting guidelines promulgated under [section 1314(d)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1314/d/3&num=0&edition=prelim), or other necessary actions, erection, building, acquisition, alteration, remodeling, improvement, or extension of treatment works, or the inspection or supervision of any of the foregoing items. (2) (A) The term “treatment works” means any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement [section 1281 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1281&num=0&edition=prelim), or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and acquisition of the land that will be an integral part of the treatment process (including land used for the storage of treated wastewater in land treatment systems prior to land application) or will be used for ultimate disposal of residues resul

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1292

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1362 — Definitions

Except as otherwise specifically provided, when used in this chapter: (1) The term “State water pollution control agency” means the State agency designated by the Governor having responsibility for enforcing State laws relating to the abatement of pollution. (2) The term “interstate agency” means an agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more States, having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator. (3) The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. (4) The term “municipality” means a city, town, borough, county, parish, district, association, or other public body created by or pursuant to State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under [section 1288 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1288&num=0&edition=prelim). (5) The term “person” means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body. (6) The term “pollutant” means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1362

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 3901 — Definitions

In this chapter: (1) **Administrator** — The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) **Community water system** — The term “community water system” has the meaning given the term in [section 300f of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim). (3) **Federal credit instrument** — The term “Federal credit instrument” means a secured loan or loan guarantee authorized to be made available under this chapter with respect to a project. (4) **Investment-grade rating** — The term “investment-grade rating” means a rating of BBB minus, Baa3, bbb minus, BBB (low), or higher assigned by a rating agency to project obligations. (5) **Lender** (A) *In general* — The term “lender” means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or a successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 ([15 U.S.C. 77a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section77a&num=0&edition=prelim) et seq.)). (B) *Inclusions* — The term “lender” includes— (i) a qualified retirement plan (as defined in [section 4974(c) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section4974/c&num=0&edition=prelim)) that is a qualified institutional buyer; and (ii) a governmental plan (as defined in [section 414(d) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section414/d&num=0&edition=prelim)) that is a qualified institutional buyer. (6) **Loan guarantee** — The term “loan guarantee” means any guarantee or other pledge by the Secreta

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3901

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300j–12 — State revolving loan funds

**(a) General authority** (1) **Grants to States to establish State loan funds** (A) *In general* — The Administrator shall offer to enter into agreements with eligible States to make capitalization grants, including letters of credit, to the States under this subsection to further the health protection objectives of this subchapter, promote the efficient use of fund resources, and for other purposes as are specified in this subchapter. (B) *Establishment of fund* — To be eligible to receive a capitalization grant under this section, a State shall establish a drinking water treatment revolving loan fund (referred to in this section as a “State loan fund”) and comply with the other requirements of this section. Each grant to a State under this section shall be deposited in the State loan fund established by the State, except as otherwise provided in this section and in other provisions of this subchapter. No funds authorized by other provisions of this subchapter to be used for other purposes specified in this subchapter shall be deposited in any State loan fund. (C) *Extended period* — The grant to a State shall be available to the State for obligation during the fiscal year for which the funds are authorized and during the following fiscal year, except that grants made available from funds provided prior to fiscal year 1997 shall be available for obligation during each of the fiscal years 1997 and 1998. (D) *Allotment formula* — Except as otherwise provided in this section, funds made available to carry out this section shall be allotted to States that have entered into an agreement pursuant to this section (other than the District of Columbia) in accordance with— (i) for each of fiscal years 1995 through 1997, a formula that is the same as the formul

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300j–12

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1342 — National pollutant discharge elimination system

**(a) Permits for discharge of pollutants** (1) Except as provided in sections 1328 and 1344 of this title, the Administrator may, after opportunity for public hearing issue a permit for the discharge of any pollutant, or combination of pollutants, notwithstanding [section 1311(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1311/a&num=0&edition=prelim), upon condition that such discharge will meet either (A) all applicable requirements under sections 1311, 1312, 1316, 1317, 1318, and 1343 of this title, or (B) prior to the taking of necessary implementing actions relating to all such requirements, such conditions as the Administrator determines are necessary to carry out the provisions of this chapter. (2) The Administrator shall prescribe conditions for such permits to assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate. (3) The permit program of the Administrator under paragraph (1) of this subsection, and permits issued thereunder, shall be subject to the same terms, conditions, and requirements as apply to a State permit program and permits issued thereunder under subsection (b) of this section. (4) All permits for discharges into the navigable waters issued pursuant to [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim) shall be deemed to be permits issued under this subchapter, and permits issued under this subchapter shall be deemed to be permits issued under [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim), and sh

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1342

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 941 — Findings

Congress finds that— (1) the Great Lakes have fish and wildlife communities that are structurally and functionally changing; (2) successful fish and wildlife management focuses on the lakes as ecosystems, and effective management requires the coordination and integration of efforts of many partners; (3) additional actions and better coordination are needed to protect and effectively manage the fish and wildlife resources, and the habitats on which the resources depend, in the Great Lakes Basin; and (4) this chapter allows Federal agencies, States, and Indian tribes to work in an effective partnership by providing the funding for restoration work.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 941

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 941c — Identification, review, and implementation of proposals and regional projects

**(a) In general** Subject to subsection (b)(2), the Director— (1) shall encourage the development and, subject to the availability of appropriations, the implementation of fish and wildlife restoration proposals and regional projects based on the results of the Report; and (2) in cooperation with the State Directors and Indian Tribes, shall identify, develop, and, subject to the availability of appropriations, implement regional projects in the Great Lakes Basin to be administered by Director in accordance with this section. **(b) Identification of proposals and regional projects** (1) **Request by the Director** — The Director shall annually request that State Directors and Indian Tribes, in cooperation or partnership with other interested entities and in accordance with subsection (a), submit proposals or regional projects for the restoration of fish and wildlife resources. (2) **Requirements for proposals and regional projects** — A proposal or regional project under paragraph (1) shall be— (A) submitted in the manner and form prescribed by the Director; and (B) consistent with— (i) the goals of the Great Lakes Water Quality Agreement, as amended; (ii) the 1954 Great Lakes Fisheries Convention; (iii) the 1980 Joint Strategic Plan for Management of Great Lakes Fisheries, as revised in 1997, and Fish Community Objectives for each Great Lake and connecting water as established under the Joint Strategic Plan; (iv) the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ([16 U.S.C. 4701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4701&num=0&edition=prelim) et seq.); (v) the North American Waterfowl Management Plan and joint ventures established under the plan; (vi) the strategies outl

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 941c

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 941f — Reports

**(a) In general** Not later than December 31, 2021, and not later than December 31, 2027, the Director shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes, with respect to the period covered by the report— (1) actions taken to solicit and review proposals under [section 941c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section941c&num=0&edition=prelim); (2) the results of proposals implemented under [section 941c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section941c&num=0&edition=prelim); and (3) progress toward the accomplishment of the goals specified in [section 941d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section941d&num=0&edition=prelim). **(b) Public access to data** For each of fiscal years 2023 through 2028, the Director shall make available through a public access website of the Department information that describes— (1) actions taken to solicit and review proposals under [section 941c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section941c&num=0&edition=prelim); (2) the results of proposals implemented under [section 941c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section941c&num=0&edition=prelim); (3) progress toward the accomplishment of the goals specified in [section 941d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section941d&num=0&edition=prelim); (4) the priorities proposed for funding in the annual budget process under this chapter; and (5) actions taken in support of the Great Lakes

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 941f

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