PUBLIC LAW 110–365—OCT. 8, 2008 122 STAT. 4021 

Public Law 110–365 

110th Congress 

An Act 

To amend the Federal Water Pollution Control Act to provide for the remediation 

of sediment contamination in areas of concern, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

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 

33 USC 1251 

note. 

Great Lakes 

Legacy 

Reauthorization 

Act of 2008. 

Oct. 8, 2008 

[H.R. 6460] 


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122 STAT. 4022 PUBLIC LAW 110–365—OCT. 8, 2008 

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: 


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PUBLIC LAW 110–365—OCT. 8, 2008 122 STAT. 4023 

‘‘(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: 


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122 STAT. 4024 PUBLIC LAW 110–365—OCT. 8, 2008 

LEGISLATIVE HISTORY—H.R. 6460: 

HOUSE REPORTS: No. 110–849, Pt. 1 (Comm. on Transportation and Infrastructure). 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Sept. 17, 18, considered and passed House. 

Sept. 25, considered and passed Senate, amended. 

Sept. 28, House concurred in Senate amendment. 

Æ 

‘‘(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.’’. 

Approved October 8, 2008. 

Appropriation 

authorization. 


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