References in Text
Executive Order No. 13340, referred to in subsec. (c)(7)(C)(i), is Ex. Ord. No. 13340, May 18, 2004, 69 F.R. 29043, which is set out as a note under section 1268 of this title.
The Water Infrastructure Finance and Innovation Act of 2014, referred to in subsec. (c)(7)(E)(ii)(III), is subtitle C (§§ 5021–5035) of title V of Pub. L. 113–121, June 10, 2014, 128 Stat. 1332, which is classified generally to chapter 52 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.
The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010, referred to in subsec. (c)(7)(I), is Pub. L. 111–88, div. A, Oct. 30, 2009, 123 Stat. 2904. The Conference Report accompanying the Act (H.R. 2996) is H. Rept. No. 111–316, 111th Cong., 1st Sess.
November 16, 1990, referred to in subsec. (c)(3)(C), was in the original “the enactment of this Act”, and “the date of the enactment of this title” which were translated as meaning the date of enactment of Pub. L. 101–596, title I of which enacted subsec. (c)(3), to reflect the probable intent of Congress.
2016—Subsec. (c)(7)(B), (C). Pub. L. 114–322, § 5005(1), added subpars. (B) and (C) and struck out former subpars. (B) and (C) which related to focus areas in which the Initiative should prioritize programs and projects, and the selection of programs and projects for Great Lakes protection and restoration.
Subsec. (c)(7)(D)(i). Pub. L. 114–322, § 5005(2)(A), added cl. (i) and struck out former cl. (i). Prior to amendment, text read as follows: “Subject to subparagraph (G)(ii), funds made available to carry out the Initiative shall be used to strategically implement—
“(I) Federal projects; and
“(II) projects carried out in coordination with States, Indian tribes, municipalities, institutions of higher education, and other organizations.”
Subsec. (c)(7)(D)(ii)(I). Pub. L. 114–322, § 5005(2)(B), substituted “(J)(i)” for “(G)(i)”.
Subsec. (c)(7)(D)(iii). Pub. L. 114–322, § 5005(2)(C), added cl. (iii).
Subsec. (c)(7)(E) to (J). Pub. L. 114–322, § 5005(3), added subpars. (E) to (J) and struck out former subpars. (E) to (G) which related to scope of projects, activities by other Federal agencies, and funding for fiscal year 2016.
2015—Subsec. (c)(7). Pub. L. 114–113 added par. (7) and struck out former par. (7), which required a five-year study and demonstration projects relating to the control and removal of toxic pollutants in the Great Lakes.
2014—Subsec. (c)(10) to (13). Pub. L. 113–188 redesignated pars. (11) to (13) as (10) to (12), respectively, and struck out former par. (10) which required submission of annual comprehensive reports.
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 LakesResearch 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 November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Pub. L. 114–113, div. G, title IV, § 425, Dec. 18, 2015, 129 Stat. 2580, provided that:
“(a)Definitions.—In this section:
The term ‘Administrator’ means the Administrator of the Environmental Protection Agency
“(2)Notice requirements.—The notice requirements referred to in paragraph (1) shall provide for—
the method of the notice;
the contents of the notice, in accordance with paragraph (3); and
requirements for public availability of the notice.
“(3) Minimum requirements.—
“(A)In general.—The contents of the notice under paragraph (1) shall include—
the dates and times of the applicable discharge
a description of any public access areas impacted by the discharge
The minimum requirements under this paragraph shall be consistent for all affected States
“(4)Additional requirements.—The Administrator shall work with the affected States to include—
“(A) follow-up notice requirements that provide a description of—
plans to prevent a reoccurrence of a combined sewer overflow discharge
to the Great Lakes
consistent with section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342
) or an administrative order or consent decree under such Act; and
annual publication requirements that list each treatment works
from which the Administrator or the affected State
receive a follow-up notice.
The notice and publication requirements described in this subsection shall be implemented by not later than 2 years after the date of enactment of this Act [Dec. 18, 2015].
The Administrator of the EPA may extend the implementation deadline for individual communities if the Administrator determines the community needs additional time to comply in order to avoid undue economic hardship.
Nothing in this subsection prohibits an affected State
from establishing a State
notice requirement in the event of a discharge
that is more stringent than the requirements described in this subsection.”
Funds Contributed by a Non-Federal Sponsor
Pub. L. 108–447, div. I, title III, Dec. 8, 2004, 118 Stat. 3332, provided in part that:
“The Administrator [of the Environmental Protection Agency
] may hereafter receive and use funds contributed by a non-Federal sponsor as its share of the cost of a project to carry out a project under paragraph (c)(12) [now (c)(11)] of section 118 of the Federal Water Pollution
Control Act [33 U.S.C. 1268(c)(11)
], as amended.”
Great Lakes Remedial Action Plans and Sediment Remediation
Pub. L. 101–640, title IV, § 401, Nov. 28, 1990, 104 Stat. 4644, as amended by Pub. L. 104–303, title V, § 515, Oct. 12, 1996, 110 Stat. 3763; Pub. L. 106–53, title V, § 505, Aug. 17, 1999, 113 Stat. 338; Pub. L. 106–541, title III, § 344, Dec. 11, 2000, 114 Stat. 2613; Pub. L. 110–114, title V, § 5012, Nov. 8, 2007, 121 Stat. 1195, provided that:
“(a) Great Lakes Remedial Action Plans.—
“(2) Non-federal share.—
Non-Federal interests shall contribute, in cash or by providing in-kind contributions, 35 percent of costs of activities for which assistance is provided under paragraph (1).
“(B)Contributions by entities.—
Nonprofit public or private entities may contribute all or a portion of the non-Federal share.
“(b) Sediment Remediation Projects.—
, in consultation with the Administrator of the Environmental Protection Agency
(acting through the Great Lakes
National Program Office
), may conduct pilot- and full-scale projects of promising technologies to remediate contaminated sediments in freshwater coastal regions in the Great Lakes
basin. The Secretary
shall conduct not fewer than 3 full-scale projects under this subsection.
“(2)Site selection for projects.—
In selecting the sites for the technology projects, the Secretary
shall give priority consideration to Saginaw Bay, Michigan, Sheboygan Harbor, Wisconsin, Grand Calumet River, Indiana, Ashtabula River, Ohio, Buffalo River, New York, and Duluth-Superior Harbor, Minnesota and Wisconsin.
Non-Federal interests shall contribute 35 percent of costs of projects under this subsection. Such costs may be paid in cash or by providing in-kind contributions.
“(c)Authorization of Appropriations.—
There is authorized to be appropriated to the Secretary
to carry out this section $10,000,000 for each of fiscal years 2001 through 2012.”
Ex. Ord. No. 13340. Establishment of Great Lakes Interagency Task Force and Promotion of a Regional Collaboration of National Significance for the Great Lakes
Ex. Ord. No. 13340, May 18, 2004, 69 F.R. 29043, provided:
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 May 31, 2005, and thereafter as appropriate, that summarizes the activities of the Task Force and provides any recommendations that would, in the judgment of the Task Force, advance the policy set forth in section 1 of this order.
(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.