I

107TH CONGRESS

1ST SESSION H. R. 1070

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

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,
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1 SECTION 1. SHORT TITLE.

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

3 Act of 2001’’.

4 SEC. 2. GRANTS FOR THE REMEDIATION OF SEDIMENT

5 CONTAMINATION IN AREAS OF CONCERN.

6 Section 118(c) of the Federal Water Pollution Con7 trol Act (33 U.S.C. 1268(c)) is amended by adding at the

8 end the following:

9 ‘‘(12) GRANTS FOR REMEDIATION OF SEDI10 MENT CONTAMINATION IN AREAS OF CONCERN.—

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

12 this paragraph, the Administrator, acting

13 through the Great Lakes National Program Of14 fice described in subsection (b) and in coordina15 tion with the Office of Research and Develop16 ment, may make grants to States, Indian tribes

17 (as defined in section 518(h)), regional agen18 cies, and local governments to carry out quali19 fied projects.

20 ‘‘(B) QUALIFIED PROJECT.—In this para21 graph, a qualified project is a project to be car22 ried out in an area of concern located wholly or

23 in part in the United States, that—

24 ‘‘(i) monitors or evaluates contami25 nated sediment;
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1 ‘‘(ii) remediates contaminated sedi2 ment; or

3 ‘‘(iii) prevents further or renewed con4 tamination of sediment.

5 ‘‘(C) PRIORITY.—In selecting applicants to

6 receive grants under this paragraph, the Ad7 ministrator shall give priority to an applicant

8 proposing to carry out a qualified project

9 that—

10 ‘‘(i) constitutes remedial action for

11 contaminated sediment;

12 ‘‘(ii) has been identified in a remedial

13 action plan submitted pursuant to para14 graph (3), and is ready to be implemented;

15 or

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

17 technology, or technique for remediation.

18 ‘‘(D) LIMITATIONS.—The Administrator

19 may not make a grant under this paragraph to

20 carry out any of the following types of projects:

21 ‘‘(i) A project located in an area of

22 concern that the Administrator determines

23 is likely to suffer significant further or re24 newed contamination from existing sources
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1 of pollutants causing sediment contamina2 tion.

3 ‘‘(ii) A project for which there has

4 been no evaluation of the short-term and

5 long-term effects on human health and the

6 environment of implementing alternative

7 remedial actions (including actions that in8 volve active remediation of sediments and

9 actions that do not involve active remedi10 ation of sediments) in relation to the re11 duction of risks to human health and the

12 environment achieved by such remedial ac13 tions.

14 ‘‘(iii) A project that, after having been

15 subject to an evaluation described in clause

16 (ii), the Administrator determines is likely

17 to have greater adverse effects on human

18 health and the environment than alter19 native remedial actions.

20 ‘‘(E) NON-FEDERAL MATCHING REQUIRE21 MENT.—

22 ‘‘(i) IN GENERAL.—The non-Federal

23 share of the cost of any project assisted

24 under this paragraph shall be not less than

25 35 percent.
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1 ‘‘(ii) IN-KIND CONTRIBUTIONS.—The

2 non-Federal share of the cost of a project

3 assisted under this paragraph may include

4 the value of in-kind services contributed by

5 a non-Federal source, including any in6 kind service performed under a consent de7 cree or administrative order, but not in8 cluding any in-kind services performed

9 under an enforcement order or judgment.

10 ‘‘(iii) OPERATION AND MAINTE11 NANCE.—The non-Federal share of the

12 cost of the operation and maintenance of

13 any project assisted under this paragraph

14 shall be 100 percent.

15 ‘‘(F) MAINTENANCE OF EFFORT.—No

16 grant may be made under this paragraph in

17 any fiscal year to carry out a project unless the

18 grantee enters into such agreements with the

19 Administrator as the Administrator may require

20 to ensure that the grantee will maintain its ag21 gregate expenditures from all other sources for

22 remediation programs in the area of concern in

23 which the project is located at or above the av24 erage level of such expenditures in its 2 fiscal
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1 years preceding the date on which the grant is

2 made.

3 ‘‘(G) COORDINATION.—In making grants

4 under this paragraph, the Administrator shall

5 coordinate with the Secretary of the Army, and

6 with the Governors of States in which projects

7 assisted under this paragraph are located, to

8 ensure that Federal and State assistance for re9 mediation in areas of concern is used as effi10 ciently as possible.

11 ‘‘(H) AUTHORIZATION OF APPROPRIA12 TIONS.—

13 ‘‘(i) IN GENERAL.—In addition to

14 other amounts authorized under this sec15 tion, there is authorized to be appropriated

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

17 for each of fiscal years 2002 through

18 2006.

19 ‘‘(ii) AVAILABILITY.—Funds appro20 priated under clause (i) shall remain avail21 able until expended.’’.

22 SEC. 3. RESEARCH AND DEVELOPMENT PROGRAM.

23 (a) IN GENERAL.—In coordination with other Fed24 eral and local officials, the Administrator is authorized to

25 conduct research on the development and use of innovative
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1 approaches, technologies, and techniques for the remedi2 ation of sediment contamination in areas of concern in the

3 Great Lakes.

4 (b) AUTHORIZATION OF APPROPRIATIONS.—

5 (1) IN GENERAL.—In addition to amounts au6 thorized under other laws, there is authorized to be

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

8 each of fiscal years 2002 through 2006.

9 (2) AVAILABILITY.—Funds appropriated under

10 paragraph (1) shall remain available until expended.

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