To amend the Federal Water Pollution Control Act to provide for the remediation of sediment contamination in areas of concern, and for other purposes.

Summary: Great Lakes Legacy Reauthorization Act of 2008 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to define: (1) "site characterization" as a process for monitoring and evaluating sediment contamination under the Environmental Protection Agency's (EPA) guidance for the assessment of contaminated sediment in an area of concern in the United States; and (2) "potentially responsible party" to mean an individual or entity that may be liable under any federal or state authority used to facilitate the cleanup and protection of the Great Lakes.

Includes aquatic habitat restoration activities among activities the Great Lakes National Program Office is authorized to implement for the remediation of sediment contamination in areas of concern.

Prohibits the Administrator from implementing such a remediation project unless: (1) each nonfederal sponsor has entered into a written agreement under which each party agrees to carry out its responsibilities and requirements for the project; and (2) the Administrator provides assurance that EPA has conducted a reasonable inquiry to identify potentially responsible parties.

Revises provisions concerning the nonfederal share of project costs.

Requires the Administrator to implement, at federal expense, one site characterization per site within a project for the remediation of contaminated sediment. Repeals a prohibition against implementing a project unless the nonfederal sponsor agrees to maintain aggregate expenditures from all other sources for remediation programs in the area of concern or above the average level of such expenditures in the two fiscal years preceding the date the project is initiated.

Authorizes appropriations through FY2010 for: (1) such remediation projects; (2) a public information program to provide information relating to such remediation; and (3) the development and use of innovative approaches, technologies, and techniques for such remediation. Limits to 20% of the amount of funds appropriated for remediation projects that may be used for site characterization.

SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Great Lakes Legacy Reauthorization 
Act of 2008''.
SEC. 2. DEFINITIONS.
    Section 118(a)(3) of the Federal Water Pollution Control Act (33 
U.S.C. 1268(a)(3)) is amended--
        (1) in subparagraph (I) by striking ``and'' at the end;
        (2) in subparagraph (J) by striking the period and inserting a 
    semicolon; and
        (3) by adding at the end the following:
            ``(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.''.
SEC. 3. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF CONCERN.
    (a) Eligible Projects.--Section 118(c)(12)(B)(ii) of the Federal 
Water Pollution Control Act (33 U.S.C. 1268(c)(12)(B)(ii)) is amended 
by striking ``sediment'' and inserting ``sediment, including activities 
to restore aquatic habitat that are carried out in conjunction with a 
project for the remediation of contaminated sediment''.
    (b) Limitations.--Section 118(c)(12)(D) of such Act (33 U.S.C. 
1268(c)(12)(D)) is amended--
        (1) in the subparagraph heading by striking ``Limitation'' and 
    inserting ``Limitations'';
        (2) in clause (i) by striking ``or'' at the end;
        (3) in clause (ii) by striking the period and inserting a 
    semicolon; and
        (4) by adding at the end the following:
                ``(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.''.
    (c) In-Kind Contributions.--Section 118(c)(12)(E)(ii) of such Act 
(33 U.S.C. 1268(c)(12)(E)(ii)) is amended to read as follows:
                ``(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 the date of enactment of this subclause, 
                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.''.

    (d) Non-Federal Share.--Section 118(c)(12)(E) of such Act (33 
U.S.C. 1268(c)(12)(E)) is amended--
        (1) by redesignating clauses (iii) and (iv) as clauses (iv) and 
    (v), respectively;
        (2) by inserting after clause (ii) the following:
                ``(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.''; and
        (3) in clause (iv) (as redesignated by paragraph (1) of this 
    subsection) by striking ``service'' each place it appears and 
    inserting ``contribution''.
    (e) Site Characterization.--Section 118(c)(12)(F) of such Act (33 
U.S.C. 1268(c)(12)(F)) is amended to read as follows:
            ``(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.''.
    (f) Authorization of Appropriations.--Section 118(c)(12)(H) of such 
Act (33 U.S.C. 1268(c)(12)(H)) is amended--
        (1) by striking clause (i) and inserting the following:
                ``(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.''; and
        (2) by adding at the end the following:
                ``(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).''.
    (g) Public Information Program.--Section 118(c)(13)(B) of such Act 
(33 U.S.C. 1268(c)(13)(B)) is amended by striking ``2008'' and 
inserting ``2010''.
SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM.
    Section 106(b) of the Great Lakes Legacy Act of 2002 (33 U.S.C. 
1271a(b)) is amended by striking paragraph (1) and inserting the 
following:
        ``(1) In general.--In addition to any amounts authorized under 
    other provisions of law, there is authorized to be appropriated to 
    carry out this section $3,000,000 for each of fiscal years 2004 
    through 2010.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.