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In the Senate of the United States,

October 17, 2002.

Resolved, That the bill from the House of Representatives (H.R. 1070) entitled ‘‘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.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Great Lakes and Lake Champlain Act of 2002’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of this

2 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.

3 TITLE I—GREAT LAKES

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘Great Lakes Legacy

6 Act of 2002’’.

7 SEC. 102. REPORT ON REMEDIAL ACTION PLANS.

8 Section 118(c)(3) of the Federal Water Pollution Con9 trol Act (33 U.S.C. 1268(c)(3)) is amended by adding at

10 the end the following:

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

12 the date of enactment of this subparagraph, the

13 Administrator shall submit to Congress a report

14 on such actions, time periods, and resources as
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1 are necessary to fulfill the duties of the Agency

2 relating to oversight of Remedial Action Plans

3 under—

4 ‘‘(i) this paragraph; and

5 ‘‘(ii) the Great Lakes Water Quality

6 Agreement.’’.

7 SEC. 103. REMEDIATION OF SEDIMENT CONTAMINATION IN

8 AREAS OF CONCERN IN THE GREAT LAKES.

9 Section 118(c) of the Federal Water Pollution Control

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

11 the following:

12 ‘‘(12) REMEDIATION OF SEDIMENT CONTAMINA13 TION IN AREAS OF CONCERN.—

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

15 paragraph, the Administrator, acting through

16 the Program Office, may carry out projects that

17 meet the requirements of subparagraph (B).

18 ‘‘(B) ELIGIBLE PROJECTS.—A project meets

19 the requirements of this subparagraph if the

20 project is to be carried out in an area of concern

21 located wholly or partially in the United States

22 and the project—

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)(I) has been identified in a Reme12 dial Action Plan submitted under para13 graph (3); and

14 ‘‘(II) is ready to be implemented;

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; or

20 ‘‘(iv) includes remediation to be com21 menced not later than 1 year after the date

22 of receipt of funds for the project.

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

24 not carry out a project under this paragraph for
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1 remediation of contaminated sediments located

2 in an area of concern—

3 ‘‘(i) if an evaluation of remedial alter4 natives for the area of concern has not been

5 conducted, including a review of the short6 term and long-term effects of the alter7 natives on human health and the environ8 ment; or

9 ‘‘(ii) if the Administrator determines

10 that the area of concern is likely to suffer

11 significant further or renewed contamina12 tion from existing sources of pollutants

13 causing sediment contamination following

14 completion of the project.

15 ‘‘(E) NON-FEDERAL SHARE.—

16 ‘‘(i) IN GENERAL.—The non-Federal

17 share of the cost of a project carried out

18 under this paragraph shall be at least 35

19 percent.

20 ‘‘(ii) IN-KIND CONTRIBUTIONS.—The

21 non-Federal share of the cost of a project

22 carried out under this paragraph may in23 clude the value of in-kind services contrib24 uted by a non-Federal sponsor.
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1 ‘‘(iii) NON-FEDERAL SHARE.—The

2 non-Federal share of the cost of a project

3 carried out under this paragraph—

4 ‘‘(I) may include monies paid

5 pursuant to, or the value of any in6 kind service performed under, an ad7 ministrative order on consent or judi8 cial consent decree; but

9 ‘‘(II) may not include any funds

10 paid pursuant to, or the value of any

11 in-kind service performed under, a

12 unilateral administrative order or

13 court order.

14 ‘‘(iv) OPERATION AND MAINTE15 NANCE.—The non-Federal share of the cost

16 of the operation and maintenance of a

17 project carried out under this paragraph

18 shall be 100 percent.

19 ‘‘(F) MAINTENANCE OF EFFORT.—The Ad20 ministrator may not carry out a project under

21 this paragraph unless the non-Federal sponsor

22 enters into such agreements with the Adminis23 trator as the Administrator may require to en24 sure that the non-Federal sponsor will maintain

25 its aggregate expenditures from all other sources
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1 for remediation programs in the area of concern

2 in which the project is located at or above the av3 erage level of such expenditures in the 2 fiscal

4 years preceding the date on which the project is

5 initiated.

6 ‘‘(G) COORDINATION.—In carrying out

7 projects under this paragraph, the Administrator

8 shall coordinate with the Secretary of the Army,

9 and with the Governors of States in which the

10 projects are located, to ensure that Federal and

11 State assistance for remediation in areas of con12 cern is used as efficiently as practicable.

13 ‘‘(H) AUTHORIZATION OF APPROPRIA14 TIONS.—

15 ‘‘(i) IN GENERAL.—In addition to

16 other amounts authorized under this sec17 tion, there is authorized to be appropriated

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

19 each of fiscal years 2004 through 2008.

20 ‘‘(ii) AVAILABILITY.—Funds made

21 available under clause (i) shall remain

22 available until expended.

23 ‘‘(13) PUBLIC INFORMATION PROGRAM.—

24 ‘‘(A) IN GENERAL.—The Administrator, act25 ing through the Program Office and in coordina-
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1 tion with States, Indian tribes, local govern2 ments, and other entities, may carry out a pub3 lic information program to provide information

4 relating to the remediation of contaminated sedi5 ment to the public in areas of concern that are

6 located wholly or partially in the United States.

7 ‘‘(B) AUTHORIZATION OF APPROPRIA8 TIONS.—There is authorized to be appropriated

9 to carry out this paragraph $1,000,000 for each

10 of fiscal years 2004 through 2008.’’.

11 SEC. 104. RELATIONSHIP TO FEDERAL AND STATE AU12 THORITIES.

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

14 Act (33 U.S.C. 1268(g)) is amended—

15 (1) by striking ‘‘construed to affect’’ and insert16 ing the following: ‘‘construed—

17 ‘‘(1) to affect’’;

18 (2) by striking the period at the end and insert19 ing ‘‘; or’’; and

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

21 ‘‘(2) to affect any other Federal or State author22 ity that is being used or may be used to facilitate the

23 cleanup and protection of the Great Lakes.’’.
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1 SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

2 Section 118(h) of the Federal Water Pollution Control

3 Act (33 U.S.C. 1268(h)) is amended—

4 (1) by striking the second sentence; and

5 (2) in the first sentence—

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

7 and inserting ‘‘not to exceed—

8 ‘‘(1) $11,000,000’’;

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

10 inserting a semicolon; and

11 (C) by adding at the end the following:

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

13 years 1992 through 2003; and

14 ‘‘(3) $25,000,000 for each of fiscal years 2004

15 through 2008.’’.

16 SEC. 106. RESEARCH AND DEVELOPMENT PROGRAM.

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

18 State, and local officials, the Administrator of the Environ19 mental Protection Agency may conduct research on the de20 velopment and use of innovative approaches, technologies,

21 and techniques for the remediation of sediment contamina22 tion in areas of concern that are located wholly or partially

23 in the United States.

24 (b) AUTHORIZATION OF APPROPRIATIONS.—

25 (1) IN GENERAL.—In addition to amounts au26 thorized under other laws, there is authorized to be
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1 appropriated to carry out this section $3,000,000 for

2 each of fiscal years 2004 through 2008.

3 (2) AVAILABILITY.—Funds appropriated under

4 paragraph (1) shall remain available until expended.

5 TITLE II—LAKE CHAMPLAIN

6 SEC. 201. SHORT TITLE.

7 This title may be cited as the ‘‘Daniel Patrick Moy8 nihan Lake Champlain Basin Program Act of 2002’’.

9 SEC. 202. LAKE CHAMPLAIN BASIN PROGRAM.

10 Section 120 of the Federal Water Pollution Control Act

11 (33 U.S.C. 1270) is amended—

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

13 follows through ‘‘There is established’’ in subsection

14 (a) and inserting the following:

15 ‘‘SEC. 120. LAKE CHAMPLAIN BASIN PROGRAM.

16 ‘‘(a) ESTABLISHMENT.—

17 ‘‘(1) IN GENERAL.—There is established’’;

18 (2) in subsection (a) (as amended by paragraph

19 (1)), by adding at the end the following:

20 ‘‘(2) IMPLEMENTATION.—The Administrator—

21 ‘‘(A) may provide support to the State of

22 Vermont, the State of New York, and the New

23 England Interstate Water Pollution Control

24 Commission for the implementation of the Lake

25 Champlain Basin Program; and
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1 ‘‘(B) shall coordinate actions of the Envi2 ronmental Protection Agency under subpara3 graph (A) with the actions of other appropriate

4 Federal agencies.’’;

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

6 (4) in subsection (e)—

7 (A) in paragraph (1), by striking ‘‘(here8 after in this section referred to as the ‘Plan’)’’;

9 and

10 (B) in paragraph (2)—

11 (i) in subparagraph (D), by striking

12 ‘‘and’’ at the end;

13 (ii) in subparagraph (E), by striking

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

15 and

16 (iii) by adding at the end the fol17 lowing:

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

19 least once every 5 years, in consultation with the Ad20 ministrator and other appropriate Federal agencies.’’;

21 (5) in subsection (f)—

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

23 Management Conference,’’ and inserting ‘‘par24 ticipants in the Lake Champlain Basin Pro25 gram,’’; and
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1 (B) in paragraph (2), by striking ‘‘develop2 ment of the Plan’’ and all that follows and in3 serting ‘‘development and implementation of the

4 Plan.’’;

5 (6) in subsection (g)—

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

7 through ‘‘the term’’ and inserting the following:

8 ‘‘(g) DEFINITIONS.—In this section:

9 ‘‘(1) LAKE CHAMPLAIN BASIN PROGRAM.—The

10 term ‘Lake Champlain Basin Program’ means the co11 ordinated efforts among the Federal Government,

12 State governments, and local governments to imple13 ment the Plan.

14 ‘‘(2) LAKE CHAMPLAIN DRAINAGE BASIN.—The

15 term’’;

16 (B) in paragraph (2) (as designated by sub17 paragraph (A))—

18 (i) by inserting ‘‘Hamilton,’’ after

19 ‘‘Franklin,’’; and

20 (ii) by inserting ‘‘Bennington,’’ after

21 ‘‘Rutland,’’; and

22 (C) by adding at the end the following:

23 ‘‘(3) PLAN.—The term ‘Plan’ means the plan de24 veloped under subsection (e).’’;
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1 (7) by striking subsection (h) and inserting the

2 following:

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

4 in this section—

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

6 ‘‘(A) any department or agency of the Fed7 eral Government or any State government; or

8 ‘‘(B) any international organization or en9 tity related to Lake Champlain created by treaty

10 or memorandum to which the United States is a

11 signatory;

12 ‘‘(2) provides new regulatory authority for the

13 Environmental Protection Agency; or

14 ‘‘(3) affects section 304 of the Great Lakes Crit15 ical Programs Act of 1990 (Public Law 101–596; 33

16 U.S.C. 1270 note).’’; and

17 (8) in subsection (i)—

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

19 inserting ‘‘section—

20 ‘‘(1) $2,000,000’’;

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

22 inserting a semicolon; and

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

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

25 years 1996 through 2003; and
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1 ‘‘(3) $11,000,000 for each of fiscal years 2004

2 through 2008.’’.

3 TITLE III—MISCELLANEOUS

4 SEC. 301. PHASE II STORM WATER PROGRAM.

5 Notwithstanding any other provision of law, for fiscal

6 year 2003, funds made available to a State to carry out

7 nonpoint source management programs under section 319

8 of the Federal Water Pollution Control Act (33 U.S.C.

9 1329) may, at the option of the State, be used to carry out

10 projects and activities in the State relating to the develop11 ment or implementation of phase II of the storm water pro12 gram of the Environmental Protection Agency established

13 by the rule entitled ‘‘National Pollutant Discharge Elimi14 nation System—Regulations for Revision of the Water Pol15 lution Control Program Addressing Storm Water Dis16 charges’’, promulgated by the Administrator of the Environ17 mental Protection Agency on December 8, 1999 (64 Fed.

18 Reg. 68722).

19 SEC. 302. PRESERVATION OF REPORTING REQUIREMENTS.

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

21 Reports Elimination and Sunset Act of 1995 (31 U.S.C.

22 1113 note; Public Law 104–66) does not apply to any re23 port required to be submitted under any of the following

24 provisions of law:
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1 (1) EFFECTS OF POLLUTION ON ESTUARIES OF

2 THE UNITED STATES.—Section 104(n)(3) of the Fed3 eral Water Pollution Control Act (33 U.S.C.

4 1254(n)(3)).

5 (2) IMPLEMENTATION OF GREAT LAKES WATER

6 QUALITY AGREEMENT OF 1978.—Section 118(c)(10) of

7 the Federal Water Pollution Control Act (33 U.S.C.

8 1268(c)(10)).

9 (3) COMPREHENSIVE CONSERVATION AND MAN10 AGEMENT PLAN FOR LONG ISLAND SOUND.—Section

11 119(c)(7) of the Federal Water Pollution Control Act

12 (33 U.S.C. 1269(c)(7)).

13 (4) LEVEL B PLAN ON ALL RIVER BASINS.—Sec14 tion 209(b) of the Federal Water Pollution Control

15 Act (33 U.S.C. 1289(b)).

16 (5) STATE REPORTS ON WATER QUALITY OF ALL

17 NAVIGABLE WATERS.—Section 305(b) of the Federal

18 Water Pollution Control Act (33 U.S.C. 1315(b)).

19 (6) EXEMPTIONS FROM WATER POLLUTION CON20 TROL REQUIREMENTS FOR EXECUTIVE AGENCIES.—

21 Section 313(a) of the Federal Water Pollution Control

22 Act (33 U.S.C. 1323(a)).

23 (7) STATUS OF WATER QUALITY IN UNITED

24 STATES LAKES.—Section 314(a) of the Federal Water

25 Pollution Control Act (33 U.S.C. 1324(a)).
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1 (8) NATIONAL ESTUARY PROGRAM ACTIVITIES.—

2 Section 320(j)(2) of the Federal Water Pollution Con3 trol Act (33 U.S.C. 1330(j)(2)).

4 (9) REPORTS ON CONTRACTS ENTERED INTO RE5 LATING TO PROCUREMENT FROM VIOLATORS OF

6 WATER QUALITY STANDARDS.—Section 508(e) of the

7 Federal Water Pollution Control Act (33 U.S.C.

8 1368(e)).

9 (10) NATIONAL REQUIREMENTS AND COSTS OF

10 WATER POLLUTION CONTROL.—Section 516 of the

11 Federal Water Pollution Control Act (33 U.S.C.

12 1375).

13 (b) OTHER REPORTS.—

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

15 section 501 of the Federal Reports Elimination Act of

16 1998 (Public Law 105–362; 112 Stat. 3283) is

17 amended by striking subsections (a), (b), (c), and (d).

18 (2) APPLICABILITY.—The Federal Water Pollu19 tion Control Act (33 U.S.C. 1254(n)(3)) shall be ap20 plied and administered on and after the date of en21 actment of this Act as if the amendments made by

22 subsections (a), (b), (c), and (d) of section 501 of the

23 Federal Reports Elimination Act of 1998 (Public

24 Law 105–362; 112 Stat. 3283) had not been enacted.
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1 SEC. 303. REPEAL.

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

3 111 Stat. 1524) (other than section 702) is repealed.

4 SEC. 304. CROSS HARBOR FREIGHT MOVEMENT PROJECT

5 EIS, NEW YORK CITY.

6 Section 1602 of the Transportation Equity Act for the

7 21st Century (112 Stat. 305) is amended in item number

8 1320 of the table by striking ‘‘Reconstruct 79th Street Traf9 fic Circle, New York City’’ and inserting ‘‘Cross Harbor

10 Freight Movement Project EIS, New York City’’.

11 SEC. 305. CENTER FOR BROWNFIELDS EXCELLENCE.

12 (a) IN GENERAL.—To demonstrate the transfer of tech13 nology and expertise from the Federal Government to the

14 private sector, and to demonstrate the effectiveness of the

15 reuse by the private sector of properties and assets that the

16 Federal Government has determined, through applicable

17 statutes and processes, that it no longer needs, the Adminis18 trator of the Environmental Protection Agency shall make

19 a grant to not less than one eligible sponsor to establish

20 and operate a center for Brownfields Excellence.

21 (b) RESPONSIBILITIES OF CENTER.—The responsibil22 ities of a center established under this section shall include

23 the transfer of technology and expertise in the redevelop24 ment of abandoned or underutilized property that may have

25 environmental contamination and the dissemination of in-
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1 formation regarding successful models for such redevelop2 ment.

3 (c) PRIORITY.—In carrying out this section, the Ad4 ministrator shall give priority consideration to a grant ap5 plication submitted by an eligible sponsor that meets the

6 following criteria:

7 (1) Demonstrated ability to facilitate the return

8 of property that may have environmental contamina9 tion to productive use.

10 (2) Demonstrated ability to facilitate public-pri11 vate partnerships and regional cooperation.

12 (3) Capability to provide leadership in making

13 both national and regional contributions to address14 ing the problem of underutilized or abandoned prop15 erties.

16 (4) Demonstrated ability to work with Federal

17 departments and agencies to facilitate reuse by the

18 private sector of properties and assets no longer need19 ed by the Federal Government.

20 (5) Demonstrated ability to foster technology

21 transfer.

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

23 term ‘‘eligible sponsor’’ means a regional nonprofit commu24 nity redevelopment organization assisting an area that—
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1 (1) has lost jobs due to the closure of a private

2 sector or Federal installation; and

3 (2) as a result, has an underemployed workforce

4 and underutilized or abandoned properties.

5 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated to carry out this section

7 $1,000,000.

8 SEC. 306. LOUISIANA HIGHWAY 1026 PROJECT, LOUISIANA.

9 Section 1602 of the Transportation Equity Act for the

10 21st Century (112 Stat. 272) is amended in item number

11 426 of the table by striking ‘‘Louisiana Highway 16’’ and

12 inserting the following: ‘‘Louisiana Highway 1026’’.

Attest:

Secretary.

107TH CONGRESS

2D SESSION H. R. 1070

AMENDMENT