H. R. 1070

One Hundred Seventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the twenty-third day of January, two thousand and two

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Great Lakes

and Lake Champlain Act of 2002’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—GREAT LAKES

Sec. 101. Short title.

Sec. 102. Report on remedial action plans.

Sec. 103. Remediation of sediment contamination in areas of concern in the Great

Lakes.

Sec. 104. Relationship to Federal and State authorities.

Sec. 105. Authorization of appropriations.

Sec. 106. Research and development program.

TITLE II—LAKE CHAMPLAIN

Sec. 201. Short title.

Sec. 202. Lake Champlain Basin Program.

TITLE III—MISCELLANEOUS

Sec. 301. Phase II storm water program.

Sec. 302. Preservation of reporting requirements.

Sec. 303. Repeal.

Sec. 304. Cross Harbor Freight Movement Project EIS, New York City.

Sec. 305. Center for Brownfields Excellence.

Sec. 306. Louisiana Highway 1026 Project, Louisiana.

TITLE I—GREAT LAKES

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Great Lakes Legacy Act of

2002’’.

SEC. 102. REPORT ON REMEDIAL ACTION PLANS.

Section 118(c)(3) of the Federal Water Pollution Control Act

(33 U.S.C. 1268(c)(3)) is amended by adding at the end the following:

‘‘(E) REPORT.—Not later than 1 year after the date

of enactment of this subparagraph, the Administrator shall

submit to Congress a report on such actions, time periods,
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and resources as are necessary to fulfill the duties of the

Agency relating to oversight of Remedial Action Plans

under—

‘‘(i) this paragraph; and

‘‘(ii) the Great Lakes Water Quality Agreement.’’.

SEC. 103. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF

CONCERN IN THE GREAT LAKES.

Section 118(c) of the Federal Water Pollution Control Act (33

U.S.C. 1268(c)) is amended by adding at the end the following: ‘‘(12) REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS

OF CONCERN.—

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

the Administrator, acting through the Program Office, may

carry out projects that meet the requirements of subparagraph (B).

‘‘(B) ELIGIBLE PROJECTS.—A project meets the requirements of this subparagraph if the project is to be carried

out in an area of concern located wholly or partially in

the United States and the project—

‘‘(i) monitors or evaluates contaminated sediment;

‘‘(ii) subject to subparagraph (D), implements a

plan to remediate contaminated sediment; or

‘‘(iii) prevents further or renewed contamination

of sediment.

‘‘(C) PRIORITY.—In selecting projects to carry out under

this paragraph, the Administrator shall give priority to

a project that—

‘‘(i) constitutes remedial action for contaminated

sediment;

‘‘(ii)(I) has been identified in a Remedial Action

Plan submitted under paragraph (3); and

‘‘(II) is ready to be implemented;

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

or technique that may provide greater environmental

benefits, or equivalent environmental benefits at a

reduced cost; or

‘‘(iv) includes remediation to be commenced not

later than 1 year after the date of receipt of funds

for the project.

‘‘(D) LIMITATION.—The Administrator may not carry

out a project under this paragraph for remediation of

contaminated sediments located in an area of concern—

‘‘(i) if an evaluation of remedial alternatives for

the area of concern has not been conducted, including

a review of the short-term and long-term effects of

the alternatives on human health and the environment;

or

‘‘(ii) if the Administrator determines that the area

of concern is likely to suffer significant further or

renewed contamination from existing sources of pollutants causing sediment contamination following completion of the project.

‘‘(E) NON-FEDERAL SHARE.—

‘‘(i) IN GENERAL.—The non-Federal share of the

cost of a project carried out under this paragraph shall

be at least 35 percent.
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‘‘(ii) IN-KIND CONTRIBUTIONS.—The non-Federal

share of the cost of a project carried out under this

paragraph may include the value of in-kind services

contributed by a non-Federal sponsor.

‘‘(iii) NON-FEDERAL SHARE.—The non-Federal share

of the cost of a project carried out under this

paragraph—

‘‘(I) may include monies paid pursuant to, or

the value of any in-kind service performed under,

an administrative order on consent or judicial consent decree; but

‘‘(II) may not include any funds paid pursuant

to, or the value of any in-kind service performed

under, a unilateral administrative order or court

order.

‘‘(iv) OPERATION AND MAINTENANCE.—The non-Federal share of the cost of the operation and maintenance

of a project carried out under this paragraph shall

be 100 percent.

‘‘(F) MAINTENANCE OF EFFORT.—The Administrator

may not carry out a project under this paragraph unless

the non-Federal sponsor enters into such agreements with

the Administrator as the Administrator may require to

ensure that the non-Federal sponsor will maintain its

aggregate expenditures from all other sources for remediation programs in the area of concern in which the project

is located at or above the average level of such expenditures

in the 2 fiscal years preceding the date on which the

project is initiated.

‘‘(G) COORDINATION.—In carrying out projects under

this paragraph, the Administrator shall coordinate with

the Secretary of the Army, and with the Governors of

States in which the projects are located, to ensure that

Federal and State assistance for remediation in areas of

concern is used as efficiently as practicable.

‘‘(H) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(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 2008.

‘‘(ii) AVAILABILITY.—Funds made available under

clause (i) shall remain available until expended.

‘‘(13) PUBLIC INFORMATION PROGRAM.—

‘‘(A) IN GENERAL.—The Administrator, acting through

the Program Office and in coordination with States, Indian

tribes, local governments, and other entities, may carry

out a public information program to provide information

relating to the remediation of contaminated sediment to

the public in areas of concern that are located wholly

or partially in the United States.

‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—There is

authorized to be appropriated to carry out this paragraph

$1,000,000 for each of fiscal years 2004 through 2008.’’.

SEC. 104. RELATIONSHIP TO FEDERAL AND STATE AUTHORITIES.

Section 118(g) of the Federal Water Pollution Control Act (33

U.S.C. 1268(g)) is amended—
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(1) by striking ‘‘construed to affect’’ and inserting the following: ‘‘construed—

‘‘(1) to affect’’;

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

and

(3) by adding at the end the following:

‘‘(2) to affect any other Federal or State authority that

is being used or may be used to facilitate the cleanup and

protection of the Great Lakes.’’.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

Section 118(h) of the Federal Water Pollution Control Act (33

U.S.C. 1268(h)) is amended—

(1) by striking the second sentence; and

(2) in the first sentence—

(A) by striking ‘‘not to exceed $11,000,000’’ and

inserting ‘‘not to exceed—

‘‘(1) $11,000,000’’;

(B) by striking the period at the end and inserting

a semicolon; and

(C) by adding at the end the following:

‘‘(2) such sums as are necessary for each of fiscal years

1992 through 2003; and

‘‘(3) $25,000,000 for each of fiscal years 2004 through

2008.’’.

SEC. 106. RESEARCH AND DEVELOPMENT PROGRAM.

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

and local officials, the Administrator of the Environmental Protection Agency may conduct research on the development and use

of innovative approaches, technologies, and techniques for the

remediation of sediment contamination in areas of concern that

are located wholly or partially in the United States.

(b) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—In addition to amounts authorized under

other laws, there is authorized to be appropriated to carry

out this section $3,000,000 for each of fiscal years 2004 through

2008.

(2) AVAILABILITY.—Funds appropriated under paragraph

(1) shall remain available until expended.

TITLE II—LAKE CHAMPLAIN

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Daniel Patrick Moynihan Lake

Champlain Basin Program Act of 2002’’.

SEC. 202. LAKE CHAMPLAIN BASIN PROGRAM.

Section 120 of the Federal Water Pollution Control Act (33

U.S.C. 1270) is amended—

(1) by striking the section heading and all that follows

through ‘‘There is established’’ in subsection (a) and inserting

the following:

‘‘SEC. 120. LAKE CHAMPLAIN BASIN PROGRAM.

‘‘(a) ESTABLISHMENT.—

‘‘(1) IN GENERAL.—There is established’’;
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(2) in subsection (a) (as amended by paragraph (1)), by

adding at the end the following:

‘‘(2) IMPLEMENTATION.—The Administrator—

‘‘(A) may provide support to the State of Vermont,

the State of New York, and the New England Interstate

Water Pollution Control Commission for the implementation of the Lake Champlain Basin Program; and

‘‘(B) shall coordinate actions of the Environmental

Protection Agency under subparagraph (A) with the actions

of other appropriate Federal agencies.’’;

(3) in subsection (d), by striking ‘‘(1)’’;

(4) in subsection (e)—

(A) in paragraph (1), by striking ‘‘(hereafter in this

section referred to as the ‘Plan’)’’; and

(B) in paragraph (2)—

(i) in subparagraph (D), by striking ‘‘and’’ at the

end;

(ii) in subparagraph (E), by striking the period

at the end and inserting ‘‘; and’’; and

(iii) by adding at the end the following:

‘‘(F) be reviewed and revised, as necessary, at least once

every 5 years, in consultation with the Administrator and other

appropriate Federal agencies.’’;

(5) in subsection (f)—

(A) in paragraph (1), by striking ‘‘the Management

Conference,’’ and inserting ‘‘participants in the Lake Champlain Basin Program,’’; and

(B) in paragraph (2), by striking ‘‘development of the

Plan’’ and all that follows and inserting ‘‘development and

implementation of the Plan.’’;

(6) in subsection (g)—

(A) by striking ‘‘(g)’’ and all that follows through ‘‘the

term’’ and inserting the following:

‘‘(g) DEFINITIONS.—In this section:

‘‘(1) LAKE CHAMPLAIN BASIN PROGRAM.—The term ‘Lake

Champlain Basin Program’ means the coordinated efforts

among the Federal Government, State governments, and local

governments to implement the Plan.

‘‘(2) LAKE CHAMPLAIN DRAINAGE BASIN.—The term’’;

(B) in paragraph (2) (as designated by subparagraph

(A))—

(i) by inserting ‘‘Hamilton,’’ after ‘‘Franklin,’’; and

(ii) by inserting ‘‘Bennington,’’ after ‘‘Rutland,’’;

and

(C) by adding at the end the following:

‘‘(3) PLAN.—The term ‘Plan’ means the plan developed

under subsection (e).’’;

(7) by striking subsection (h) and inserting the following:

‘‘(h) NO EFFECT ON CERTAIN AUTHORITY.—Nothing in this

section—

‘‘(1) affects the jurisdiction or powers of—

‘‘(A) any department or agency of the Federal Government or any State government; or

‘‘(B) any international organization or entity related

to Lake Champlain created by treaty or memorandum to

which the United States is a signatory;
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‘‘(2) provides new regulatory authority for the Environmental Protection Agency; or

‘‘(3) affects section 304 of the Great Lakes Critical Programs

Act of 1990 (Public Law 101–596; 33 U.S.C. 1270 note).’’; and

(8) in subsection (i)—

(A) by striking ‘‘section $2,000,000’’ and inserting

‘‘section—

‘‘(1) $2,000,000’’;

(B) by striking the period at the end and inserting

a semicolon; and

(C) by adding at the end the following:

‘‘(2) such sums as are necessary for each of fiscal years

1996 through 2003; and

‘‘(3) $11,000,000 for each of fiscal years 2004 through

2008.’’.

TITLE III—MISCELLANEOUS

SEC. 301. PHASE II STORM WATER PROGRAM.

Notwithstanding any other provision of law, for fiscal year

2003, funds made available to a State to carry out nonpoint source

management programs under section 319 of the Federal Water

Pollution Control Act (33 U.S.C. 1329) may, at the option of the

State, be used to carry out projects and activities in the State

relating to the development or implementation of phase II of the

storm water program of the Environmental Protection Agency established by the rule entitled ‘‘National Pollutant Discharge Elimination System—Regulations for Revision of the Water Pollution

Control Program Addressing Storm Water Discharges’’, promulgated

by the Administrator of the Environmental Protection Agency on

December 8, 1999 (64 Fed. Reg. 68722).

SEC. 302. PRESERVATION OF REPORTING REQUIREMENTS.

(a) IN GENERAL.—Section 3003(a)(1) of the Federal Reports

Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note; Public

Law 104–66) does not apply to any report required to be submitted

under any of the following provisions of law:

(1) EFFECTS OF POLLUTION ON ESTUARIES OF THE UNITED

STATES.—Section 104(n)(3) of the Federal Water Pollution Control Act (33 U.S.C. 1254(n)(3)).

(2) IMPLEMENTATION OF GREAT LAKES WATER QUALITY

AGREEMENT OF 1978.—Section 118(c)(10) of the Federal Water

Pollution Control Act (33 U.S.C. 1268(c)(10)).

(3) COMPREHENSIVE CONSERVATION AND MANAGEMENT PLAN

FOR LONG ISLAND SOUND.—Section 119(c)(7) of the Federal

Water Pollution Control Act (33 U.S.C. 1269(c)(7)).

(4) LEVEL B PLAN ON ALL RIVER BASINS.—Section 209(b)

of the Federal Water Pollution Control Act (33 U.S.C. 1289(b)).

(5) STATE REPORTS ON WATER QUALITY OF ALL NAVIGABLE

WATERS.—Section 305(b) of the Federal Water Pollution Control

Act (33 U.S.C. 1315(b)).

(6) EXEMPTIONS FROM WATER POLLUTION CONTROL REQUIREMENTS FOR EXECUTIVE AGENCIES.—Section 313(a) of the Federal

Water Pollution Control Act (33 U.S.C. 1323(a)).
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(7) STATUS OF WATER QUALITY IN UNITED STATES LAKES.—

Section 314(a) of the Federal Water Pollution Control Act (33

U.S.C. 1324(a)).

(8) NATIONAL ESTUARY PROGRAM ACTIVITIES.—Section

320(j)(2) of the Federal Water Pollution Control Act (33 U.S.C.

1330(j)(2)).

(9) REPORTS ON CONTRACTS ENTERED INTO RELATING TO

PROCUREMENT FROM VIOLATORS OF WATER QUALITY STAND- ARDS.—Section 508(e) of the Federal Water Pollution Control

Act (33 U.S.C. 1368(e)).

(10) NATIONAL REQUIREMENTS AND COSTS OF WATER POLLUTION CONTROL.—Section 516 of the Federal Water Pollution

Control Act (33 U.S.C. 1375).

(b) OTHER REPORTS.—

(1) IN GENERAL.—Effective November 10, 1998, section 501

of the Federal Reports Elimination Act of 1998 (Public Law

105–362; 112 Stat. 3283) is amended by striking subsections

(a), (b), (c), and (d).

(2) APPLICABILITY.—The Federal Water Pollution Control

Act (33 U.S.C. 1254(n)(3)) shall be applied and administered

on and after the date of enactment of this Act as if the amendments made by subsections (a), (b), (c), and (d) of section 501

of the Federal Reports Elimination Act of 1998 (Public Law

105–362; 112 Stat. 3283) had not been enacted.

SEC. 303. REPEAL.

Title VII of Public Law 105–78 (20 U.S.C. 50 note; 111 Stat.

1524) (other than section 702) is repealed.

SEC. 304. CROSS HARBOR FREIGHT MOVEMENT PROJECT EIS, NEW

YORK CITY.

Section 1602 of the Transportation Equity Act for the 21st

Century (112 Stat. 305) is amended in item number 1320 of the

table by striking ‘‘Reconstruct 79th Street Traffic Circle, New York

City’’ and inserting ‘‘Cross Harbor Freight Movement Project EIS,

New York City’’.

SEC. 305. CENTER FOR BROWNFIELDS EXCELLENCE.

(a) IN GENERAL.—To demonstrate the transfer of technology

and expertise from the Federal Government to the private sector,

and to demonstrate the effectiveness of the reuse by the private

sector of properties and assets that the Federal Government has

determined, through applicable statutes and processes, that it no

longer needs, the Administrator of the Environmental Protection

Agency shall make a grant to not less than one eligible sponsor

to establish and operate a center for Brownfields Excellence.

(b) RESPONSIBILITIES OF CENTER.—The responsibilities of a

center established under this section shall include the transfer

of technology and expertise in the redevelopment of abandoned

or underutilized property that may have environmental contamination and the dissemination of information regarding successful

models for such redevelopment.

(c) PRIORITY.—In carrying out this section, the Administrator

shall give priority consideration to a grant application submitted

by an eligible sponsor that meets the following criteria:

(1) Demonstrated ability to facilitate the return of property

that may have environmental contamination to productive use.
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(2) Demonstrated ability to facilitate public-private partnerships and regional cooperation.

(3) Capability to provide leadership in making both national

and regional contributions to addressing the problem of underutilized or abandoned properties.

(4) Demonstrated ability to work with Federal departments

and agencies to facilitate reuse by the private sector of properties and assets no longer needed by the Federal Government.

(5) Demonstrated ability to foster technology transfer.

(d) ELIGIBLE SPONSOR DEFINED.—In this section, the term

‘‘eligible sponsor’’ means a regional nonprofit community redevelopment organization assisting an area that—

(1) has lost jobs due to the closure of a private sector

or Federal installation; and

(2) as a result, has an underemployed workforce and underutilized or abandoned properties.

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $1,000,000.

SEC. 306. LOUISIANA HIGHWAY 1026 PROJECT, LOUISIANA.

Section 1602 of the Transportation Equity Act for the 21st

Century (112 Stat. 272) is amended in item number 426 of the

table by striking ‘‘Louisiana Highway 16’’ and inserting the following: ‘‘Louisiana Highway 1026’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.