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W E E K L Y  U P D A T E  November 16, 2020
 
In this Week's Issue:
Senate Releases FY21 Appropriations Bills
Michigan Acts to Shut Down Line 5 Pipeline in Great Lakes
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Senate Releases FY21 Appropriations Bills 
The Senate Appropriations Committee released all twelve of its Fiscal Year 2021 (FY21) funding bills last week. The House has passed ten out of its twelve FY21 bills, with just the Homeland Security and Legislative Branch bills still pending. While it is highly unlikely that the Senate will take up individual appropriations bills, the release of the bills by the Senate Appropriations Committee will help move along current negotiations for a final FY21 omnibus bill that Congress could consider in the near future. The federal government is currently operating on a continuing resolution that is set to expire on December 11.  
The Senate bills include various key provisions for the Great Lakes that include (but are not limited to): 
  • $320 million for the EPA's Great Lakes Restoration Initiative (GLRI), which is what the GLRI received in FY20, but $15M less than House included in its FY21 bill. 
    • The bill encourages agency funds for Great Lakes projects to be made available for projects in the historic Great Lakes Basin, which includes the Chicago River Watershed. 
    • The bill encourages agency funds to be made available to expand breakwaters and advance local shoreline mitigation measures, which provide much needed protection for Great Lakes shorelines threatened by rising lake levels. 
  • $1.639 billion for the EPA's Clean Water State Revolving Fund. 
  • $1.126 billion for the EPA's Drinking Water State Revolving Fund.
  • $25 million for USFWS's Asia carp program, which provides activities in the Great Lakes to prevent Asian carp from entering and establishing in the Great Lakes and for activities in the Mississippi River and its tributaries. 
  • $4.4 million for the implementation of State Aquatic Nuisance Species management plans to help control the spread of Asian carp. 
  • $10.62 million for USGS to address Asian Carp issues in the Great Lakes and Upper Mississippi River Basin. 
  • Reminds the Army Corps of Engineers that the Brandon Road Lock and Dam project is eligible to compete for funding in the Investigations account for PED. 
  • Encourages the Army Corps of Engineers to prioritize the Great Lakes Coastal Resiliency Study, which will help develop a coordinated strategy to manage and protect the Great Lakes and its 5,200-mile coastline from threats associated with lake level fluctuations, erosion, flooding, nutrient runoff, and aging infrastructure. 
  • Encourages the U.S. Army Corps to fully use the authorities granted to it under the Advanced Measures program to mitigate impacts expected to occur in the Great Lakes Basin as a result of record-high and near-record-high water levels. 
  • $30.7 million for the St. Lawrence Seaway Development Corporation (SLSDC), which is a reduction of $7.3 million from FY20 levels. 
  • $47.06 million for the Great Lakes Fishery Commission. 
    • $9 million for sea lamprey control. 
    • $1 million to combat Asian grass carp. 
  • $9.967 million for the International Joint Commission (IJC) and $2.531 for the International Boundary Commission, United States and Canada. 
NEMWI will continue to track the appropriations cycle and will provide additional analysis of key accounts as it becomes available.
Michigan Acts to Shut Down Line 5 Pipeline in Great Lakes 

Michigan Governor Gretchen Whitmer announced last week that the state is revoking a needed permit for Enbridge, Inc. to operate the Line 5 pipeline which carries oil and natural gas liquids across the Straits of Mackinac in Lake Michigan. This decision requires Enbridge to shut down the pipeline within 180 days, allowing its operation until May 12, 2021, to ensure an orderly shutdown.

Michigan is revoking the permit due to a "violation of the public trust doctrine, with the permit being terminated based on Enbridge's longstanding, persistent, and incurable violations of the Easement's conditions and standard of due care." Earlier this year, Enbridge discovered that an anchor support had shifted deep below the surface in the pipeline's crossing between Lakes Michigan and Huron in the Straits of Mackinac, leading to continued concerns about a potential oil spill in the Great Lakes. 

A report by the Michigan Department of Natural Resource found that the company had several failures to meet the public requirements of the Easement. It is expected that Enbridge will pose several legal challenges to the state's decision. 
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