II 

Calendar No. 704

107TH CONGRESS 

2D SESSION H. R. 1070

[Report No. 107–312] 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 5, 2002

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

Public Works 

OCTOBER 15, 2002

Reported by Mr. JEFFORDS, with an amendment and an amendment to the 

title 

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

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.

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’’. 
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1 SEC. 2. REMEDIATION OF SEDIMENT CONTAMINATION IN 

2 AREAS OF CONCERN IN THE GREAT LAKES. 

3 Section 118(c) of the Federal Water Pollution Con4 trol Act (33 U.S.C. 1268(c)) is amended by adding at the 

5 end the following: 

6 ‘‘(12) REMEDIATION OF SEDIMENT CONTAMINA7 TION IN AREAS OF CONCERN.—

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

9 this paragraph, the Administrator, acting 

10 through the Great Lakes National Program Of11 fice and in coordination with the Office of Re12 search and Development, may carry out quali13 fied projects. 

14 ‘‘(B) QUALIFIED PROJECT.—In this para15 graph, a qualified project is a project to be car16 ried out in an area of concern located wholly or 

17 in part in the United States that—

18 ‘‘(i) monitors or evaluates contami19 nated sediment; 

20 ‘‘(ii) subject to subparagraph (D), im21 plements a plan to remediate contaminated 

22 sediment; or 

23 ‘‘(iii) prevents further or renewed con24 tamination of sediment. 
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1 ‘‘(C) PRIORITY.—In selecting projects to 

2 carry out under this paragraph, the Adminis3 trator shall give priority to a project that—

4 ‘‘(i) constitutes remedial action for 

5 contaminated sediment; 

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

7 Action Plan submitted pursuant to para8 graph (3) and is ready to be implemented; 

9 or 

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

11 technology, or technique that may provide 

12 greater environmental benefits or equiva13 lent environmental benefits at a reduced 

14 cost. 

15 ‘‘(D) LIMITATION.—The Administrator 

16 may not carry out a project under this para17 graph for remediation of contaminated sedi18 ments located in an area of concern—

19 ‘‘(i) if an evaluation of remedial alter20 natives for the area of concern has not 

21 been conducted, including a review of the 

22 short-term and long-term effects of the al23 ternatives on human health and the envi24 ronment; or 
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1 ‘‘(ii) if the Administrator determines 

2 that the area of concern is likely to suffer 

3 significant further or renewed contamina4 tion from existing sources of pollutants 

5 causing sediment contamination following 

6 completion of the project. 

7 ‘‘(E) NON-FEDERAL MATCHING REQUIRE8 MENT.—

9 ‘‘(i) IN GENERAL.—The non-Federal 

10 share of the cost of a project carried out 

11 under this paragraph shall be not less than 

12 35 percent. 

13 ‘‘(ii) IN-KIND CONTRIBUTIONS.—The 

14 non-Federal share of the cost of a project 

15 carried out under this paragraph may in16 clude the value of in-kind services contrib17 uted by a non-Federal sponsor, including 

18 any in-kind service performed under an ad19 ministrative order on consent or judicial 

20 consent decree, but not including any in21 kind services performed under a unilateral 

22 administrative order or court order. 

23 ‘‘(iii) OPERATION AND MAINTE24 NANCE.—The non-Federal share of the 

25 cost of the operation and maintenance of a 
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1 project carried out under this paragraph 

2 shall be 100 percent. 

3 ‘‘(F) MAINTENANCE OF EFFORT.—The 

4 Administrator may not carry out a project 

5 under this paragraph unless the non-Federal 

6 sponsor enters into such agreements with the 

7 Administrator as the Administrator may require 

8 to ensure that the non-Federal sponsor will 

9 maintain its aggregate expenditures from all 

10 other sources for remediation programs in the 

11 area of concern in which the project is located 

12 at or above the average level of such expendi13 tures in its 2 fiscal years preceding the date on 

14 which the project is initiated. 

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

16 projects under this paragraph, the Adminis17 trator shall coordinate with the Secretary of the 

18 Army, and with the Governors of States in 

19 which the projects are located, to ensure that 

20 Federal and State assistance for remediation in 

21 areas of concern is used as efficiently as pos22 sible. 

23 ‘‘(H) AUTHORIZATION OF APPROPRIA24 TIONS.—
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1 ‘‘(i) IN GENERAL.—In addition to 

2 other amounts authorized under this sec3 tion, there is authorized to be appropriated 

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

5 for each of fiscal years 2003 through 

6 2007. 

7 ‘‘(ii) AVAILABILITY.—Funds appro8 priated under clause (i) shall remain avail9 able until expended.’’. 

10 SEC. 3. RELATIONSHIP TO FEDERAL AND STATE AUTHORI11 TIES. 

12 Section 118(g) of the Federal Water Pollution Con13 trol Act (33 U.S.C. 1268) is amended—

14 (1) by striking ‘‘construed to affect’’ and insert15 ing the following: ‘‘construed—

16 ‘‘(1) to affect’’; 

17 (2) by striking the period at the end and insert18 ing ‘‘; or’’; 

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

20 ‘‘(2) to affect any other Federal or State au21 thority that is being used or may be used to facili22 tate the cleanup and protection of the Great 

23 Lakes.’’; and 

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

25 paragraph (1) (as designated by paragraph (1) of 
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1 this section) with paragraph (2) (as added by para2 graph (3) of this section). 

3 SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM. 

4 (a) IN GENERAL.—In coordination with other Fed5 eral and local officials, the Administrator of the Environ6 mental Protection Agency is authorized to conduct re7 search on the development and use of innovative ap8 proaches, technologies, and techniques for the remediation 

9 of sediment contamination in areas of concern in the 

10 Great Lakes. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—

12 (1) IN GENERAL.—In addition to amounts au13 thorized under other laws, there is authorized to be 

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

15 each of fiscal years 2003 through 2007. 

16 (2) AVAILABILITY.—Funds appropriated under 

17 paragraph (1) shall remain available until expended.

18 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

20 ‘‘Great Lakes and Lake Champlain Program Act of 2002’’. 

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

22 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. 
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Sec. 104. Relationship to existing Federal and State laws and international 

agreements. 

Sec. 105. Authorization of appropriations. 

TITLE II—LAKE CHAMPLAIN 

Sec. 201. Short title. 

Sec. 202. Lake Champlain basin program. 

Sec. 203. Lake Champlain watershed, Vermont and New York. 

TITLE III—MISCELLANEOUS 

Sec. 301. Phase II storm water program.

1 TITLE I—GREAT LAKES 

2 SEC. 101. SHORT TITLE. 

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

4 Act of 2002’’. 

5 SEC. 102. REPORT ON REMEDIAL ACTION PLANS. 

6 Section 118(c)(3) of the Federal Water Pollution Con7 trol Act (33 U.S.C. 1268(c)(3)) is amended by adding at 

8 the end the following: 

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

10 the date of enactment of this subparagraph, the 

11 Administrator shall submit to Congress a report 

12 on such actions, time periods, and resources as 

13 are necessary to fulfill the duties of the Agency 

14 relating to oversight of Remedial Action Plans 

15 under—

16 ‘‘(i) this paragraph; and 

17 ‘‘(ii) the Great Lakes Water Quality 

18 Agreement.’’. 
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1 SEC. 103. REMEDIATION OF SEDIMENT CONTAMINATION IN 

2 AREAS OF CONCERN IN THE GREAT LAKES. 

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

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

5 the following: 

6 ‘‘(12) REMEDIATION OF SEDIMENT CONTAMINA7 TION IN AREAS OF CONCERN.—

8 ‘‘(A) DEFINITION OF QUALIFIED

9 PROJECT.—In this paragraph, the term ‘quali10 fied project’ means a project, to be carried out in 

11 an area of concern located wholly or in part in 

12 the United States, to—

13 ‘‘(i) monitor or evaluate contaminated 

14 sediment, including conducting a site char15 acterization; 

16 ‘‘(ii) remediate contaminated sediment 

17 (including disposal of the contaminated 

18 sediment); or 

19 ‘‘(iii) prevent further or renewed con20 tamination of sediment. 

21 ‘‘(B) PROJECTS.—The Administrator, act22 ing through the Program Office and in coordina23 tion with the Office of Research and Develop24 ment of the Agency, may carry out qualified 

25 projects under this paragraph. 
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1 ‘‘(C) PRIORITY.—In carrying out this para2 graph, the Administrator shall give priority to a 

3 qualified project that—

4 ‘‘(i) consists of remedial action for con5 taminated sediment; 

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

7 Action Plan that is—

8 ‘‘(I) submitted under paragraph 

9 (3); and 

10 ‘‘(II) ready to be implemented; 

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

12 technology, or technique for remediation; or 

13 ‘‘(iv) includes remediation to be com14 menced not later than 1 year after the re15 ceipt of funds for the project. 

16 ‘‘(D) LIMITATIONS.—The Administrator 

17 may not carry out a qualified project described 

18 in clause (ii) or (iii) of subparagraph (A)—

19 ‘‘(i) that is located in an area of con20 cern that the Administrator determines is 

21 likely to suffer significant further or re22 newed sediment contamination from sources 

23 of pollutants after the completion of the 

24 qualified project; or 
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1 ‘‘(ii) at a site that has not had a thor2 ough site characterization. 

3 ‘‘(E) NON-FEDERAL MATCHING REQUIRE4 MENT.—

5 ‘‘(i) IN GENERAL.—The non-Federal 

6 share of the cost of a qualified project car7 ried out under this paragraph shall be not 

8 less than 35 percent. 

9 ‘‘(ii) IN-KIND CONTRIBUTIONS.—The 

10 non-Federal share of the cost of a qualified 

11 project carried out under this paragraph 

12 may include the value of in-kind services 

13 contributed by a non-Federal sponsor. 

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

16 of the operation and maintenance of a 

17 qualified project carried out under this 

18 paragraph shall be 100 percent. 

19 ‘‘(F) COORDINATION.—In carrying out 

20 qualified projects under this paragraph, the Ad21 ministrator shall coordinate with the Secretary 

22 of the Army, and with the Governors of States in 

23 which qualified projects assisted under this para24 graph are located, to ensure that Federal and 
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1 State assistance for remediation in areas of con2 cern is used as efficiently as practicable. 

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

5 ‘‘(i) IN GENERAL.—In addition to 

6 other amounts authorized to be appro7 priated under this section, there is author8 ized to be appropriated to carry out this 

9 paragraph $50,000,000 for each of fiscal 

10 years 2004 through 2008. 

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

14 ‘‘(13) RESEARCH AND DEVELOPMENT PRO15 GRAM.—

16 ‘‘(A) IN GENERAL.—The Administrator, in 

17 coordination with other Federal and local offi18 cials, shall conduct research on the development 

19 and use of innovative approaches, technologies, 

20 and techniques for the remediation of sediment 

21 contamination in areas of concern in the Great 

22 Lakes. 

23 ‘‘(B) AUTHORIZATION OF APPROPRIA24 TIONS.—
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1 ‘‘(i) IN GENERAL.—In addition to 

2 amounts authorized to be appropriated 

3 under other law, there is authorized to be 

4 appropriated to carry out this paragraph 

5 $2,000,000 for each of fiscal years 2004 

6 through 2008. 

7 ‘‘(ii) AVAILABILITY.—Funds appro8 priated under clause (i) shall remain avail9 able until expended. 

10 ‘‘(14) PUBLIC INFORMATION PROGRAM.—

11 ‘‘(A) IN GENERAL.—The Administrator, act12 ing through the Program Office and in coordina13 tion with the Office of Research and Develop14 ment of the Agency, States, Indian tribes, local 

15 governments, and other entities, may carry out 

16 a public information program to provide—

17 ‘‘(i) information relating to the reme18 diation of contaminated sediment to the 

19 public in areas of concern that are— 

20 ‘‘(I) located wholly within the 

21 United States; or 

22 ‘‘(II) shared with Canada; and 

23 ‘‘(ii) local coordination and organiza24 tion in those areas. 
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1 ‘‘(B) AUTHORIZATION OF APPROPRIA2 TIONS.—There is authorized to be appropriated 

3 to carry out this paragraph $5,000,000 for each 

4 of fiscal years 2004 through 2008.’’. 

5 SEC. 104. RELATIONSHIP TO EXISTING FEDERAL AND 

6 STATE LAWS AND INTERNATIONAL AGREE7 MENTS. 

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

9 Act (33 U.S.C. 1268(g)) is amended by inserting ‘‘, includ10 ing the cleanup and protection of the Great Lakes’’ after 

11 ‘‘Lakes’’. 

12 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

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

14 Act (33 U.S.C. 1268(h)) is amended by striking the first 

15 sentence and inserting the following: ‘‘There is authorized 

16 to be appropriated to carry out this section $40,000,000 for 

17 each of fiscal years 2004 through 2008.’’.

18 TITLE II—LAKE CHAMPLAIN 

19 SEC. 201. SHORT TITLE. 

20 This title may be cited as the ‘‘Daniel Patrick Moy21 nihan Lake Champlain Basin Program Act of 2002’’. 

22 SEC. 202. LAKE CHAMPLAIN BASIN PROGRAM. 

23 Title I of the Federal Water Pollution Control Act is 

24 amended by striking section 120 (33 U.S.C. 1270) and in25 serting the following: 
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1 ‘‘SEC. 120. LAKE CHAMPLAIN BASIN PROGRAM. 

2 ‘‘(a) DEFINITIONS.—In this section: 

3 ‘‘(1) COMMITTEE.—The term ‘Committee’ means 

4 the steering committee of the program comprised of 

5 representatives of Federal, State, and local govern6 ments and other persons, as specified in the Plan. 

7 ‘‘(2) LAKE CHAMPLAIN BASIN.—

8 ‘‘(A) IN GENERAL.—The term ‘Lake Cham9 plain basin’ means all water and land resources 

10 in the United States in the drainage basin of 

11 Lake Champlain. 

12 ‘‘(B) INCLUSIONS.—The term ‘Lake Cham13 plain basin’ includes—

14 ‘‘(i) Clinton, Essex, Franklin, Ham15 ilton, Warren, and Washington counties in 

16 the State of New York; and 

17 ‘‘(ii) Addison, Bennington, Caledonia, 

18 Chittenden, Franklin, Grand Isle, Lamoille, 

19 Orange, Orleans, Rutland, and Washington 

20 counties in the State of Vermont. 

21 ‘‘(3) PLAN.—The term ‘Plan’ means the plan en22 titled ‘Opportunities for Action: An Evolving Plan for 

23 the Future of the Lake Champlain Basin’, approved 

24 by Lake Champlain Steering Committee on January 

25 30, 2002, that describes the actions necessary to pro26 tect and enhance the environmental integrity and the 
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1 social and economic benefits of the Lake Champlain 

2 basin. 

3 ‘‘(4) PROGRAM.—The term ‘program’ means the 

4 Lake Champlain Basin Program established by sub5 section (b)(1). 

6 ‘‘(b) ESTABLISHMENT.—

7 ‘‘(1) IN GENERAL.—There is established a pro8 gram to be known as the ‘Lake Champlain Basin 

9 Program’. 

10 ‘‘(2) PURPOSES.—The purposes of the program 

11 are—

12 ‘‘(A) to protect and enhance the environ13 mental integrity and social and economic bene14 fits of the Lake Champlain basin; and 

15 ‘‘(B) to achieve the environmental goals de16 scribed in the Plan, including—

17 ‘‘(i) the reduction of phosphorous in18 puts to Lake Champlain from point sources 

19 and nonpoint sources so as to—

20 ‘‘(I) promote a healthy and di21 verse ecosystem; and 

22 ‘‘(II) provide for sustainable 

23 human use and enjoyment of Lake 

24 Champlain; 
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1 ‘‘(ii) the reduction of toxic contamina2 tion, such as contamination by mercury 

3 and polychlorinated biphenyls, to protect 

4 public health and the ecosystem of the Lake 

5 Champlain basin; 

6 ‘‘(iii) the control of the introduction, 

7 spread, and impacts of nonnative nuisance 

8 species to preserve the integrity of the eco9 system of the Lake Champlain basin; 

10 ‘‘(iv) the minimization of risks to hu11 mans from water-related health hazards in 

12 the Lake Champlain basin, including 

13 through the protection of sources of drinking 

14 water in the Lake Champlain basin; 

15 ‘‘(v) the restoration and maintenance 

16 of a healthy and diverse community of fish 

17 and wildlife in the Lake Champlain basin; 

18 ‘‘(vi) the protection and restoration of 

19 wetland, streams, and riparian habitat in 

20 the Lake Champlain basin, including func21 tions and values provided by those areas; 

22 ‘‘(vii) the management of Lake Cham23 plain, including shorelines and tributaries 

24 of Lake Champlain, to achieve—
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1 ‘‘(I) the protection of natural and 

2 cultural resources of Lake Champlain; 

3 and 

4 ‘‘(II) the maintenance of rec5 reational uses of Lake Champlain; 

6 ‘‘(viii) the protection of recreation and 

7 cultural heritage resources of the Lake 

8 Champlain basin; 

9 ‘‘(ix) the continuance of the Lake 

10 Champlain long-term water quality and bi11 ological monitoring program; and 

12 ‘‘(x) the promotion of healthy and di13 verse economic activity and sustainable de14 velopment principles in the Lake Cham15 plain basin. 

16 ‘‘(c) IMPLEMENTATION.—The Committee, in consulta17 tion with appropriate heads of Federal agencies, shall im18 plement the program. 

19 ‘‘(d) REVISION OF PLAN.—At least once every 5 years, 

20 the Committee shall review and, as necessary, revise the 

21 Plan. 

22 ‘‘(e) GRANTS.—

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

24 Administrator may, in consultation with the Com25 mittee, make grants, for the purpose of implementing 
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1 the management strategies contained in the Plan, 

2 to—

3 ‘‘(A) State, interstate, and regional water 

4 pollution control agencies; and 

5 ‘‘(B) public or nonprofit agencies, institu6 tions, and organizations. 

7 ‘‘(2) COST SHARING.—The Federal share of the 

8 cost of any activity carried out using funds from a 

9 grant provided under this subsection shall not exceed 

10 75 percent. 

11 ‘‘(3) ADDITIONAL REQUIREMENTS.—The Admin12 istrator may establish such additional requirements 

13 for the administration of grants provided under this 

14 subsection as the Administrator determines to be ap15 propriate. 

16 ‘‘(f) COORDINATION OF FEDERAL PROGRAMS.—

17 ‘‘(1) AGRICULTURE.—The Secretary of Agri18 culture shall support the implementation of the pro19 gram by providing financial and technical assistance 

20 relating to best management practices for controlling 

21 nonpoint source pollution, particularly with respect 

22 to preventing pollution from agricultural activities. 

23 ‘‘(2) INTERIOR.—

24 ‘‘(A) GEOLOGICAL SURVEY.—The Secretary 

25 of the Interior, acting through the United States 
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1 Geological Survey, shall support the implementa2 tion of the program by providing financial, sci3 entific, and technical assistance and applicable 

4 watershed research, such as—

5 ‘‘(i) stream flow monitoring; 

6 ‘‘(ii) water quality monitoring; 

7 ‘‘(iii) evaluation of effectiveness of best 

8 management practices; 

9 ‘‘(iv) research on the transport and 

10 final destination of toxic chemicals in the 

11 environment; and 

12 ‘‘(v) development of an integrated geo13 graphic information system for the Lake 

14 Champlain basin.

15 ‘‘(B) FISH AND WILDLIFE.—The Secretary 

16 of the Interior, acting through the Director of the 

17 United States Fish and Wildlife Service and in 

18 cooperation with the Committee, shall support 

19 the implementation of the program by—

20 ‘‘(i) supporting the protection and res21 toration of wetland, streams, aquatic, and 

22 riparian habitat; 

23 ‘‘(ii) supporting restoration of inter24 jurisdictional fisheries and declining aquat-
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1 ic species in the Lake Champlain watershed 

2 through—

3 ‘‘(I) propagation of fish in hatch4 eries; and 

5 ‘‘(II) continued advancement in 

6 fish culture and aquatic species man7 agement technology; 

8 ‘‘(iii) supporting the control and man9 agement of aquatic nuisance species that 

10 have adverse effects on—

11 ‘‘(I) fisheries; or 

12 ‘‘(II) the form, function, or struc13 ture of the ecosystem of the Lake 

14 Champlain basin; 

15 ‘‘(iv) providing financial and technical 

16 assistance in accordance with the Fish and 

17 Wildlife Coordination Act (16 U.S.C. 661 et 

18 seq.) to private landowners seeking to im19 prove fish and wildlife habitat, a goal of 

20 which is—

21 ‘‘(I) restoration of full function to 

22 degraded habitat; 

23 ‘‘(II) enhancement of specific 

24 habitat functions; or 
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1 ‘‘(III) establishment of valuable 

2 fish and wildlife habitat that did not 

3 previously exist on a particular parcel 

4 of real property; and 

5 ‘‘(v) taking other appropriate action to 

6 assist in implementation of the Plan. 

7 ‘‘(C) NATIONAL PARKS.—The Secretary of 

8 the Interior, acting through the Director of the 

9 National Park Service, shall support the imple10 mentation of the program by providing, through 

11 the use of funds in the National Recreation and 

12 Preservation Appropriation account of the Na13 tional Park Service, financial and technical as14 sistance for programs concerning cultural herit15 age, natural resources, recreational resources, or 

16 other programs consistent with the mission of the 

17 National Park Service that are associated with 

18 the Lake Champlain basin, as identified in the 

19 Plan. 

20 ‘‘(3) COMMERCE.—The Secretary of Commerce, 

21 acting through the Under Secretary for Oceans and 

22 Atmosphere, shall support the implementation of the 

23 program by providing financial and technical assist24 ance, through the national sea grant program of the 

25 Department of Commerce, for—
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1 ‘‘(A) research; 

2 ‘‘(B) management of fisheries and other 

3 aquatic resources; 

4 ‘‘(C) related watershed programs; and 

5 ‘‘(D) other appropriate action to assist in 

6 implementation of the Plan. 

7 ‘‘(g) NO EFFECT ON OTHER AUTHORITY.—Nothing in 

8 this section affects the authority of—

9 ‘‘(1) any Federal or State agency; or 

10 ‘‘(2) any international entity relating to Lake 

11 Champlain established by an international agreement 

12 to which the United States is a party. 

13 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $11,000,000 for each of fiscal years 2003 through 2007, of 

16 which—

17 ‘‘(1) $5,000,000 shall be made available to the 

18 Administrator; 

19 ‘‘(2) $3,000,000 shall be made available to the 

20 Secretary of the Interior; 

21 ‘‘(3) $1,000,000 shall be made available to the 

22 Secretary of Commerce; and 

23 ‘‘(4) $2,000,000 shall be made available to the 

24 Secretary of Agriculture.’’. 
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1 SEC. 203. LAKE CHAMPLAIN WATERSHED, VERMONT AND 

2 NEW YORK. 

3 Section 542 of the Water Resources Development Act 

4 of 2000 (114 Stat. 2671) is amended—

5 (1) in subsection (a)—

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

7 through ‘‘(A) the land areas’’ and inserting the 

8 following: 

9 ‘‘(a) DEFINITION OF LAKE CHAMPLAIN WATER10 SHED.—In this section, the term ‘Lake Champlain water11 shed’ means—

12 ‘‘(1) the land areas’’; 

13 (B) by striking ‘‘(B)(i) the’’ and inserting 

14 the following: 

15 ‘‘(2)(A) the’’; 

16 (C) by striking ‘‘(ii) the’’ and inserting the 

17 following: 

18 ‘‘(B) the’’; 

19 (D) in paragraph (2)(A) (as redesignated 

20 by subparagraph (B)), by inserting ‘‘Hamilton,’’ 

21 after ‘‘Franklin,’’; and 

22 (E) in paragraph (2)(B) (as redesignated 

23 by subparagraph (C)), by striking ‘‘clause (i)’’ 

24 and inserting ‘‘subparagraph (A)’’; 
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1 (2) in subsections (b) through (e), by striking 

2 ‘‘critical restoration’’ each place it appears and in3 serting ‘‘ecosystem restoration’’; 

4 (3) in subsection (b)—

5 (A) in the subsection heading, by striking 

6 ‘‘CRITICAL RESTORATION PROJECTS’’ and insert7 ing ‘‘ECOSYSTEM RESTORATION PROGRAM’’; 

8 (B) in paragraph (1), by striking ‘‘partici9 pate in’’ and inserting ‘‘provide design and con10 struction assistance to non-Federal interests for’’; 

11 and 

12 (C) in paragraph (2)—

13 (i) by striking ‘‘A’’ and inserting 

14 ‘‘An’’; and 

15 (ii) in subparagraph (E), by inserting 

16 before the period at the end the following: ‘‘, 

17 including remote sensing and the develop18 ment of a geographic information system 

19 for the Lake Champlain basin by the Cold 

20 Regions Research and Engineering Labora21 tory’’; 

22 (4) in subsection (c)—

23 (A) by striking ‘‘assistance for a’’ and in24 serting ‘‘design and construction assistance for 

25 an’’; and 
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1 (B) in paragraph (2), by inserting ‘‘eco2 system restoration or’’ after ‘‘form of’’; 

3 (5) in subsection (d)—

4 (A) by striking ‘‘(d)’’ and all that follows 

5 through ‘‘(A) IN GENERAL.—A’’ and inserting 

6 the following: 

7 ‘‘(d) CRITERIA FOR ELIGIBILITY.—

8 ‘‘(1) IN GENERAL.—An’’; and 

9 (B) by striking ‘‘(B) SPECIAL’’ and insert10 ing the following: 

11 ‘‘(2) SPECIAL’’; and 

12 (6) in subsection (e)—

13 (A) in paragraph (1)—

14 (i) by striking ‘‘to a’’ and inserting ‘‘to 

15 an’’;

16 (ii) by striking ‘‘project,’’ and insert17 ing ‘‘project (which assistance may include 

18 the provision of funds through the Lake 

19 Champlain Basin Program),’’; and 

20 (iii) by striking ‘‘agreement that shall 

21 require the non-Federal interest’’ and in22 serting the following: ‘‘agreement that is in 

23 accordance with section 221 of the Flood 

24 Control Act of 1970 (42 U.S.C. 1962d–5b) 
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1 and under which the non-Federal interest 

2 agrees’’; 

3 (B) in paragraph (2)(C), by striking ‘‘50’’ 

4 and inserting ‘‘100’’; and 

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

6 ‘‘(3) CREDIT FOR AGRICULTURAL CONSERVA7 TION.—Funds provided to a non-Federal interest 

8 under the conservation reserve enhancement program 

9 of the Department of Agriculture announced on May 

10 27, 1998 (63 Fed. Reg. 28965), or the wetlands re11 serve program under subchapter C of chapter 1 of 

12 subtitle D of title XII of the Food Security Act of 

13 1985 (16 U.S.C. 3837 et seq.), for use in carrying out 

14 a project under the Plan shall be credited toward the 

15 non-Federal share of the cost of the project if the Sec16 retary of Agriculture certifies that those funds may be 

17 used for the purpose of the project under the Plan.’’. 

18 TITLE III—MISCELLANEOUS 

19 SEC. 301. PHASE II STORM WATER PROGRAM. 

20 Notwithstanding any other provision of law, for fiscal 

21 year 2003, funds made available to carry out nonpoint 

22 source management programs under section 319 of the Fed23 eral Water Pollution Control Act (33 U.S.C. 1329) in a 

24 State may, at the option of the State, be used to carry out 

25 projects and activities in the State relating to the develop-
28

•HR 1070 RS 

1 ment or implementation of phase II of the storm water pro2 gram of the Environmental Protection Agency established 

3 by the final rule entitled ‘‘National Pollutant Discharge 

4 Elimination System—Regulations for Revision of the 

5 Water Pollution Control Program Addressing Storm Water 

6 Discharges’’, promulgated by the Administrator of the En7 vironmental Protection Agency on December 8, 1999 (64 

8 Fed. Reg. 68722).

Amend the title so as to read: ‘‘An Act to amend the 

Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to 

provide assistance for remediation of sediment contamination in areas of concern, to authorize assistance for research and development of innovative technologies for 

such remediation, and to amend the Federal Water Pollution Control Act and the Water Resources Development 

Act of 2000 to modify provisions relating to the Lake 

Champlain basin, and for other purposes.’’.

Calendar No. 704

107TH CONGRESS 

2D SESSION H. R. 1070

[Report No. 107–312] 

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. 

OCTOBER 15, 2002

Reported with an amendment and an amendment to the 

title