Section 1 Short title
This Act may be cited as the “Protecting Our Great Lakes Act”.
Protecting Our Great Lakes Act
A BILL
To amend the Federal Water Pollution Control Act to prohibit certain discharges of dredged material into the Great Lakes System, and for other purposes.
Sec. 2 Prohibition on discharges of dredged material into Great Lakes System
In general— Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended by adding at the end the following:
“(u) Prohibition on discharges of dredged material into Great Lakes System
“(1) In general—Except as otherwise specifically provided by this subsection, beginning on the date that is 5 years after the date of enactment of this subsection, a discharge of dredged material into the Great Lakes System is prohibited.
“(2) Exceptions—Paragraph (1) shall not apply to any of the following:
“(A) A discharge of dredged material into a confined disposal facility, including a confined disposal island.
“(B) A discharge of dredged material in connection with—
“(i) beneficial use; or
“(ii) habitat establishment, improvement, or restoration (or any combination thereof).
“(3) Temporary waivers—The Secretary (or a State with an approved permit program under this section) may waive application of the prohibition established by paragraph (1) during the 2-year period beginning on the effective date of the prohibition specified in paragraph (1) with respect to a discharge if—
“(A) the Administrator or State, as appropriate, determines that the waiver is necessary and appropriate; and
“(B) in the case of a waiver issued by the Secretary, each concerned State, as identified by the Secretary, reviews and approves the waiver.
“(4) Consultation with States—The Secretary shall consult with concerned States in the implementation of this subsection.
“(5) Great Lakes System defined—In this subsection, the term “Great Lakes System” has the meaning given that term in section 118(a)(3) of the Federal Water Pollution Control Act (33 U.S.C. 1268(a)(3)).”
Cost analysis for operations and maintenance activities in Great Lakes System— In determining, pursuant to section 335.4 of title 33, Code of Federal Regulations (or any successor regulation), the least costly manner, and the least costly and most practicable location, for discharges of dredged material resulting from operations and maintenance activities of the Corps of Engineers in the Great Lakes System, the Secretary of the Army shall exclude from consideration the use of open-water placement of dredged material.
Limitation on statutory construction— Nothing in this section, including the amendment made by section (a), may be construed to limit or otherwise affect the existing responsibilities of the Corps of Engineers—
to dredge United States harbors and navigation channels and dispose of dredged material; and
to provide, within its budget, for the full cost of the disposal of dredged material, including costs to comply with the requirements of this section, including the amendment made by subsection (a).