IIB

107TH CONGRESS

2D SESSION H. R. 1070

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 5, 2002

Received; read twice and referred to the Committee on Environment and

Public Works

AN ACT

To amend the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to carry out projects and conduct research

for remediation of sediment contamination in areas of

concern in the Great Lakes, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Great Lakes Legacy

5 Act of 2002’’.

6 SEC. 2. REMEDIATION OF SEDIMENT CONTAMINATION IN

7 AREAS OF CONCERN IN THE GREAT LAKES.

8 Section 118(c) of the Federal Water Pollution Con9 trol Act (33 U.S.C. 1268(c)) is amended by adding at the

10 end the following:

11 ‘‘(12) REMEDIATION OF SEDIMENT CONTAMINA12 TION IN AREAS OF CONCERN.—

13 ‘‘(A) IN GENERAL.—In accordance with

14 this paragraph, the Administrator, acting

15 through the Great Lakes National Program Of16 fice and in coordination with the Office of Re17 search and Development, may carry out quali18 fied projects.

19 ‘‘(B) QUALIFIED PROJECT.—In this para20 graph, a qualified project is a project to be car21 ried out in an area of concern located wholly or

22 in part in the United States that—

23 ‘‘(i) monitors or evaluates contami24 nated sediment;
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1 ‘‘(ii) subject to subparagraph (D), im2 plements a plan to remediate contaminated

3 sediment; or

4 ‘‘(iii) prevents further or renewed con5 tamination of sediment.

6 ‘‘(C) PRIORITY.—In selecting projects to

7 carry out under this paragraph, the Adminis8 trator shall give priority to a project that—

9 ‘‘(i) constitutes remedial action for

10 contaminated sediment;

11 ‘‘(ii) has been identified in a Remedial

12 Action Plan submitted pursuant to para13 graph (3) and is ready to be implemented;

14 or

15 ‘‘(iii) will use an innovative approach,

16 technology, or technique that may provide

17 greater environmental benefits or equiva18 lent environmental benefits at a reduced

19 cost.

20 ‘‘(D) LIMITATION.—The Administrator

21 may not carry out a project under this para22 graph for remediation of contaminated sedi23 ments located in an area of concern—

24 ‘‘(i) if an evaluation of remedial alter25 natives for the area of concern has not
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1 been conducted, including a review of the

2 short-term and long-term effects of the al3 ternatives on human health and the envi4 ronment; or

5 ‘‘(ii) if the Administrator determines

6 that the area of concern is likely to suffer

7 significant further or renewed contamina8 tion from existing sources of pollutants

9 causing sediment contamination following

10 completion of the project.

11 ‘‘(E) NON-FEDERAL MATCHING REQUIRE12 MENT.—

13 ‘‘(i) IN GENERAL.—The non-Federal

14 share of the cost of a project carried out

15 under this paragraph shall be not less than

16 35 percent.

17 ‘‘(ii) IN-KIND CONTRIBUTIONS.—The

18 non-Federal share of the cost of a project

19 carried out under this paragraph may in20 clude the value of in-kind services contrib21 uted by a non-Federal sponsor, including

22 any in-kind service performed under an ad23 ministrative order on consent or judicial

24 consent decree, but not including any in-
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1 kind services performed under a unilateral

2 administrative order or court order.

3 ‘‘(iii) OPERATION AND MAINTE4 NANCE.—The non-Federal share of the

5 cost of the operation and maintenance of a

6 project carried out under this paragraph

7 shall be 100 percent.

8 ‘‘(F) MAINTENANCE OF EFFORT.—The

9 Administrator may not carry out a project

10 under this paragraph unless the non-Federal

11 sponsor enters into such agreements with the

12 Administrator as the Administrator may require

13 to ensure that the non-Federal sponsor will

14 maintain its aggregate expenditures from all

15 other sources for remediation programs in the

16 area of concern in which the project is located

17 at or above the average level of such expendi18 tures in its 2 fiscal years preceding the date on

19 which the project is initiated.

20 ‘‘(G) COORDINATION.—In carrying out

21 projects under this paragraph, the Adminis22 trator shall coordinate with the Secretary of the

23 Army, and with the Governors of States in

24 which the projects are located, to ensure that

25 Federal and State assistance for remediation in
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1 areas of concern is used as efficiently as pos2 sible.

3 ‘‘(H) AUTHORIZATION OF APPROPRIA4 TIONS.—

5 ‘‘(i) IN GENERAL.—In addition to

6 other amounts authorized under this sec7 tion, there is authorized to be appropriated

8 to carry out this paragraph $50,000,000

9 for each of fiscal years 2003 through

10 2007.

11 ‘‘(ii) AVAILABILITY.—Funds appro12 priated under clause (i) shall remain avail13 able until expended.’’.

14 SEC. 3. RELATIONSHIP TO FEDERAL AND STATE AUTHORI15 TIES.

16 Section 118(g) of the Federal Water Pollution Con17 trol Act (33 U.S.C. 1268) is amended—

18 (1) by striking ‘‘construed to affect’’ and insert19 ing the following: ‘‘construed—

20 ‘‘(1) to affect’’;

21 (2) by striking the period at the end and insert22 ing ‘‘; or’’;

23 (3) by adding at the end the following:

24 ‘‘(2) to affect any other Federal or State au25 thority that is being used or may be used to facili-
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1 tate the cleanup and protection of the Great

2 Lakes.’’; and

3 (4) by aligning the remainder of the text of

4 paragraph (1) (as designated by paragraph (1) of

5 this section) with paragraph (2) (as added by para6 graph (3) of this section).

7 SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM.

8 (a) IN GENERAL.—In coordination with other Fed9 eral and local officials, the Administrator of the Environ10 mental Protection Agency is authorized to conduct re11 search on the development and use of innovative ap12 proaches, technologies, and techniques for the remediation

13 of sediment contamination in areas of concern in the

14 Great Lakes.

15 (b) AUTHORIZATION OF APPROPRIATIONS.—

16 (1) IN GENERAL.—In addition to amounts au17 thorized under other laws, there is authorized to be

18 appropriated to carry out this section $2,000,000 for

19 each of fiscal years 2003 through 2007.
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1 (2) AVAILABILITY.—Funds appropriated under

2 paragraph (1) shall remain available until expended.

Passed the House of Representatives September 4,

2002.

Attest: JEFF TRANDAHL,

Clerk.

By MARTHA C. MORRISON,

Deputy Clerk.