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Union Calendar No. 351

107TH CONGRESS

2D SESSION H. R. 1070

[Report No. 107–587, Part I]

To amend the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to make grants for remediation of sediment contamination in areas of concern and to authorize

assistance for research and development of innovative technologies for

such purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 15, 2001

Mr. EHLERS (for himself, Mr. KIRK, and Mr. BARCIA) introduced the following bill; which was referred to the Committee on Transportation and

Infrastructure, and in addition to the Committee on Science, for a period

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee

concerned

JULY 18, 2002

Additional sponsors: Mr. CROWLEY, Mr. HOEKSTRA, Ms. KILPATRICK, Mr.

ROGERS of Michigan, Ms. KAPTUR, Mr. DINGELL, Mr. KILDEE, Mrs.

JONES of Ohio, Mr. PASCRELL, Mr. LATOURETTE, Mr. KUCINICH, Ms.

RIVERS, Mr. KIND, Mr. CAMP, Mr. GREEN of Wisconsin, Ms.

SCHAKOWSKY, Mr. BARRETT, Ms. CARSON of Indiana, and Mr. SMITH

of Michigan

JULY 18, 2002

Reported from the Committtee on Transportation and Infrastructure with

amendments

[Strike out all after the enacting clause and insert the part printed in italic]

JULY 18, 2002

Referral to the Committee on Science extended for a period ending not later

than July 18, 2002
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JULY 18, 2002

Committee on Science discharged; committed to the Committee of the Whole

House on the State of the Union and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on March 15, 2001]

A BILL

To amend the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to make grants for remediation of sediment

contamination in areas of concern and to authorize assistance for research and development of innovative technologies for such purposes.

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 Act

5 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 Control

9 Act (33 U.S.C. 1268(c)) is amended by adding at the end

10 the following:

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

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

14 paragraph, the Administrator, acting through

15 the Great Lakes National Program Office and in
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1 coordination with the Office of Research and De2 velopment, may carry out qualified projects.

3 ‘‘(B) QUALIFIED PROJECT.—In this para4 graph, a qualified project is a project to be car5 ried out in an area of concern located wholly or

6 in part in the United States that—

7 ‘‘(i) monitors or evaluates contami8 nated sediment;

9 ‘‘(ii) subject to subparagraph (D), im10 plements a plan to remediate contaminated

11 sediment; or

12 ‘‘(iii) prevents further or renewed con13 tamination of sediment.

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

15 carry out under this paragraph, the Adminis16 trator shall give priority to a project that—

17 ‘‘(i) constitutes remedial action for

18 contaminated sediment;

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

20 Action Plan submitted pursuant to para21 graph (3) and is ready to be implemented;

22 or

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

24 technology, or technique that may provide
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1 greater environmental benefits or equivalent

2 environmental benefits at a reduced cost.

3 ‘‘(D) LIMITATION.—The Administrator may

4 not carry out a project under this paragraph for

5 remediation of contaminated sediments located

6 in an area of concern—

7 ‘‘(i) if an evaluation of remedial alter8 natives for the area of concern has not been

9 conducted, including a review of the short10 term and long-term effects of the alter11 natives on human health and the environ12 ment; or

13 ‘‘(ii) if the Administrator determines

14 that the area of concern is likely to suffer

15 significant further or renewed contamina16 tion from existing sources of pollutants

17 causing sediment contamination following

18 completion of the project.

19 ‘‘(E) NON-FEDERAL MATCHING REQUIRE20 MENT.—

21 ‘‘(i) IN GENERAL.—The non-Federal

22 share of the cost of a project carried out

23 under this paragraph shall be not less than

24 35 percent.
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1 ‘‘(ii) IN-KIND CONTRIBUTIONS.—The

2 non-Federal share of the cost of a project

3 carried out under this paragraph may in4 clude the value of in-kind services contrib5 uted by a non-Federal sponsor, including

6 any in-kind service performed under an ad7 ministrative order on consent or judicial

8 consent decree, but not including any in9 kind services performed under a unilateral

10 administrative order or court order.

11 ‘‘(iii) OPERATION AND MAINTE12 NANCE.—The non-Federal share of the cost

13 of the operation and maintenance of a

14 project carried out under this paragraph

15 shall be 100 percent.

16 ‘‘(F) MAINTENANCE OF EFFORT.—The Ad17 ministrator may not carry out a project under

18 this paragraph unless the non-Federal sponsor

19 enters into such agreements with the Adminis20 trator as the Administrator may require to en21 sure that the non-Federal sponsor will maintain

22 its aggregate expenditures from all other sources

23 for remediation programs in the area of concern

24 in which the project is located at or above the av25 erage level of such expenditures in its 2 fiscal
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1 years preceding the date on which the project is

2 initiated.

3 ‘‘(G) COORDINATION.—In carrying out

4 projects under this paragraph, the Administrator

5 shall coordinate with the Secretary of the Army,

6 and with the Governors of States in which the

7 projects are located, to ensure that Federal and

8 State assistance for remediation in areas of con9 cern is used as efficiently as possible.

10 ‘‘(H) AUTHORIZATION OF APPROPRIA11 TIONS.—

12 ‘‘(i) IN GENERAL.—In addition to

13 other amounts authorized under this sec14 tion, there is authorized to be appropriated

15 to carry out this paragraph $50,000,000 for

16 each of fiscal years 2003 through 2007.

17 ‘‘(ii) AVAILABILITY.—Funds appro18 priated under clause (i) shall remain avail19 able until expended.’’.

20 SEC. 3. RELATIONSHIP TO FEDERAL AND STATE AUTHORI21 TIES.

22 Section 118(g) of the Federal Water Pollution Control

23 Act (33 U.S.C. 1268) is amended—

24 (1) by striking ‘‘construed to affect’’ and insert25 ing the following: ‘‘construed—
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1 ‘‘(1) to affect’’;

2 (2) by striking the period at the end and insert3 ing ‘‘; or’’;

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

5 ‘‘(2) to affect any other Federal or State author6 ity that is being used or may be used to facilitate the

7 cleanup and protection of the Great Lakes.’’; and

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

9 paragraph (1) (as designated by paragraph (1) of this

10 section) with paragraph (2) (as added by paragraph

11 (3) of this section).

12 SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM.

13 (a) IN GENERAL.—In coordination with other Federal

14 and local officials, the Administrator of the Environmental

15 Protection Agency is authorized to conduct research on the

16 development and use of innovative approaches, technologies,

17 and techniques for the remediation of sediment contamina18 tion in areas of concern in the Great Lakes.

19 (b) AUTHORIZATION OF APPROPRIATIONS.—

20 (1) IN GENERAL.—In addition to amounts au21 thorized under other laws, there is authorized to be

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

23 each of fiscal years 2003 through 2007.

24 (2) AVAILABILITY.—Funds appropriated under

25 paragraph (1) shall remain available until expended.
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Amend the title so as to read: ‘‘A bill 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.’’.

Union Calendar No. 351

107TH CONGRESS

2D SESSION H. R. 1070

[Report No. 107–587, Part I]

A BILL

To amend the Federal Water Pollution Control Act

to authorize the Administrator of the Environmental Protection Agency to make grants for remediation of sediment contamination in areas ofconcern and to authorize assistance for researchand development of innovative technologies forsuch purposes.

JULY 18, 2002

Reported from the Committee on Transportation and

Infrastructure with amendments

JULY 18, 2002

Referral to the Committee on Science extended for a

period ending not later than July 18, 2002

JULY 18, 2002

Committee on Science discharged; committed to the Committee of the Whole House on the State of the Union

and ordered to be printed