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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1070 Reported in Senate (RS)]

                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Great Lakes Legacy Act of 
2002''.</DELETED>

<DELETED>SEC. 2. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF 
              CONCERN IN THE GREAT LAKES.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(12) Remediation of sediment contamination in 
        areas of concern.--</DELETED>
                <DELETED>    ``(A) In general.--In accordance with this 
                paragraph, the Administrator, acting through the Great 
                Lakes National Program Office and in coordination with 
                the Office of Research and Development, may carry out 
                qualified projects.</DELETED>
                <DELETED>    ``(B) Qualified project.--In this 
                paragraph, a qualified project is a project to be 
                carried out in an area of concern located wholly or in 
                part in the United States that--</DELETED>
                        <DELETED>    ``(i) monitors or evaluates 
                        contaminated sediment;</DELETED>
                        <DELETED>    ``(ii) subject to subparagraph 
                        (D), implements a plan to remediate 
                        contaminated sediment; or</DELETED>
                        <DELETED>    ``(iii) prevents further or 
                        renewed contamination of sediment.</DELETED>
                <DELETED>    ``(C) Priority.--In selecting projects to 
                carry out under this paragraph, the Administrator shall 
                give priority to a project that--</DELETED>
                        <DELETED>    ``(i) constitutes remedial action 
                        for contaminated sediment;</DELETED>
                        <DELETED>    ``(ii) has been identified in a 
                        Remedial Action Plan submitted pursuant to 
                        paragraph (3) and is ready to be implemented; 
                        or</DELETED>
                        <DELETED>    ``(iii) will use an innovative 
                        approach, technology, or technique that may 
                        provide greater environmental benefits or 
                        equivalent environmental benefits at a reduced 
                        cost.</DELETED>
                <DELETED>    ``(D) Limitation.--The Administrator may 
                not carry out a project under this paragraph for 
                remediation of contaminated sediments located in an 
                area of concern--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Non-federal matching requirement.--
                </DELETED>
                        <DELETED>    ``(i) In general.--The non-Federal 
                        share of the cost of a project carried out 
                        under this paragraph shall be not less than 35 
                        percent.</DELETED>
                        <DELETED>    ``(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, including any in-kind 
                        service performed under an administrative order 
                        on consent or judicial consent decree, but not 
                        including any in-kind services performed under 
                        a unilateral administrative order or court 
                        order.</DELETED>
                        <DELETED>    ``(iii) 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.</DELETED>
                <DELETED>    ``(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 its 2 fiscal years preceding the date 
                on which the project is initiated.</DELETED>
                <DELETED>    ``(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 possible.</DELETED>
                <DELETED>    ``(H) Authorization of appropriations.--
                </DELETED>
                        <DELETED>    ``(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 2003 through 2007.</DELETED>
                        <DELETED>    ``(ii) Availability.--Funds 
                        appropriated under clause (i) shall remain 
                        available until expended.''.</DELETED>

<DELETED>SEC. 3. RELATIONSHIP TO FEDERAL AND STATE 
              AUTHORITIES.</DELETED>

<DELETED>    Section 118(g) of the Federal Water Pollution Control Act 
(33 U.S.C. 1268) is amended--</DELETED>
        <DELETED>    (1) by striking ``construed to affect'' and 
        inserting the following: ``construed--</DELETED>
        <DELETED>    ``(1) to affect'';</DELETED>
        <DELETED>    (2) by striking the period at the end and 
        inserting ``; or'';</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(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.''; and</DELETED>
        <DELETED>    (4) by aligning the remainder of the text of 
        paragraph (1) (as designated by paragraph (1) of this section) 
        with paragraph (2) (as added by paragraph (3) of this 
        section).</DELETED>

<DELETED>SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM.</DELETED>

<DELETED>    (a) In General.--In coordination with other Federal and 
local officials, the Administrator of the Environmental Protection 
Agency is authorized to conduct research on the development and use of 
innovative approaches, technologies, and techniques for the remediation 
of sediment contamination in areas of concern in the Great 
Lakes.</DELETED>
<DELETED>    (b) Authorization of Appropriations.--</DELETED>
        <DELETED>    (1) In general.--In addition to amounts authorized 
        under other laws, there is authorized to be appropriated to 
        carry out this section $2,000,000 for each of fiscal years 2003 
        through 2007.</DELETED>
        <DELETED>    (2) Availability.--Funds appropriated under 
        paragraph (1) shall remain available until expended.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Great Lakes and 
Lake Champlain Program Act of 2002''.
    (b) Table of Contents.--The table of contents of 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 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.

                          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, 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) Definition of qualified project.--In this 
                paragraph, the term `qualified project' means a 
                project, to be carried out in an area of concern 
                located wholly or in part in the United States, to--
                            ``(i) monitor or evaluate contaminated 
                        sediment, including conducting a site 
                        characterization;
                            ``(ii) remediate contaminated sediment 
                        (including disposal of the contaminated 
                        sediment); or
                            ``(iii) prevent further or renewed 
                        contamination of sediment.
                    ``(B) Projects.--The Administrator, acting through 
                the Program Office and in coordination with the Office 
                of Research and Development of the Agency, may carry 
                out qualified projects under this paragraph.
                    ``(C) Priority.--In carrying out this paragraph, 
                the Administrator shall give priority to a qualified 
                project that--
                            ``(i) consists of remedial action for 
                        contaminated sediment;
                            ``(ii) has been identified in a Remedial 
                        Action Plan that is--
                                    ``(I) submitted under paragraph 
                                (3); and
                                    ``(II) ready to be implemented;
                            ``(iii) will use an innovative approach, 
                        technology, or technique for remediation; or
                            ``(iv) includes remediation to be commenced 
                        not later than 1 year after the receipt of 
                        funds for the project.
                    ``(D) Limitations.--The Administrator may not carry 
                out a qualified project described in clause (ii) or 
                (iii) of subparagraph (A)--
                            ``(i) that is located in an area of concern 
                        that the Administrator determines is likely to 
                        suffer significant further or renewed sediment 
                        contamination from sources of pollutants after 
                        the completion of the qualified project; or
                            ``(ii) at a site that has not had a 
                        thorough site characterization.
                    ``(E) Non-federal matching requirement.--
                            ``(i) In general.--The non-Federal share of 
                        the cost of a qualified project carried out 
                        under this paragraph shall be not less than 35 
                        percent.
                            ``(ii) In-kind contributions.--The non-
                        Federal share of the cost of a qualified 
                        project carried out under this paragraph may 
                        include the value of in-kind services 
                        contributed by a non-Federal sponsor.
                            ``(iii) Operation and maintenance.--The 
                        non-Federal share of the cost of the operation 
                        and maintenance of a qualified project carried 
                        out under this paragraph shall be 100 percent.
                    ``(F) Coordination.--In carrying out qualified 
                projects under this paragraph, the Administrator shall 
                coordinate with the Secretary of the Army, and with the 
                Governors of States in which qualified projects 
                assisted under this paragraph are located, to ensure 
                that Federal and State assistance for remediation in 
                areas of concern is used as efficiently as practicable.
                    ``(G) Authorization of appropriations.--
                            ``(i) In general.--In addition to other 
                        amounts authorized to be appropriated 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 appropriated 
                        under clause (i) shall remain available until 
                        expended.
            ``(13) Research and development program.--
                    ``(A) In general.--The Administrator, in 
                coordination with other Federal and local officials, 
                shall conduct research on the development and use of 
                innovative approaches, technologies, and techniques for 
                the remediation of sediment contamination in areas of 
                concern in the Great Lakes.
                    ``(B) Authorization of appropriations.--
                            ``(i) In general.--In addition to amounts 
                        authorized to be appropriated under other law, 
                        there is authorized to be appropriated to carry 
                        out this paragraph $2,000,000 for each of 
                        fiscal years 2004 through 2008.
                            ``(ii) Availability.--Funds appropriated 
                        under clause (i) shall remain available until 
                        expended.
            ``(14) Public information program.--
                    ``(A) In general.--The Administrator, acting 
                through the Program Office and in coordination with the 
                Office of Research and Development of the Agency, 
                States, Indian tribes, local governments, and other 
                entities, may carry out a public information program to 
                provide--
                            ``(i) information relating to the 
                        remediation of contaminated sediment to the 
                        public in areas of concern that are--
                                    ``(I) located wholly within the 
                                United States; or
                                    ``(II) shared with Canada; and
                            ``(ii) local coordination and organization 
                        in those areas.
                    ``(B) Authorization of appropriations.--There is 
                authorized to be appropriated to carry out this 
                paragraph $5,000,000 for each of fiscal years 2004 
                through 2008.''.

SEC. 104. RELATIONSHIP TO EXISTING FEDERAL AND STATE LAWS AND 
              INTERNATIONAL AGREEMENTS.

    Section 118(g) of the Federal Water Pollution Control Act (33 
U.S.C. 1268(g)) is amended by inserting ``, including the cleanup and 
protection of the Great Lakes'' after ``Lakes''.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    Section 118(h) of the Federal Water Pollution Control Act (33 
U.S.C. 1268(h)) is amended by striking the first sentence and inserting 
the following: ``There is authorized to be appropriated to carry out 
this section $40,000,000 for each of fiscal years 2004 through 2008.''.

                        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.

    Title I of the Federal Water Pollution Control Act is amended by 
striking section 120 (33 U.S.C. 1270) and inserting the following:

``SEC. 120. LAKE CHAMPLAIN BASIN PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Committee.--The term `Committee' means the steering 
        committee of the program comprised of representatives of 
        Federal, State, and local governments and other persons, as 
        specified in the Plan.
            ``(2) Lake champlain basin.--
                    ``(A) In general.--The term `Lake Champlain basin' 
                means all water and land resources in the United States 
                in the drainage basin of Lake Champlain.
                    ``(B) Inclusions.--The term `Lake Champlain basin' 
                includes--
                            ``(i) Clinton, Essex, Franklin, Hamilton, 
                        Warren, and Washington counties in the State of 
                        New York; and
                            ``(ii) Addison, Bennington, Caledonia, 
                        Chittenden, Franklin, Grand Isle, Lamoille, 
                        Orange, Orleans, Rutland, and Washington 
                        counties in the State of Vermont.
            ``(3) Plan.--The term `Plan' means the plan entitled 
        `Opportunities for Action: An Evolving Plan for the Future of 
        the Lake Champlain Basin', approved by Lake Champlain Steering 
        Committee on January 30, 2002, that describes the actions 
        necessary to protect and enhance the environmental integrity 
        and the social and economic benefits of the Lake Champlain 
        basin.
            ``(4) Program.--The term `program' means the Lake Champlain 
        Basin Program established by subsection (b)(1).
    ``(b) Establishment.--
            ``(1) In general.--There is established a program to be 
        known as the `Lake Champlain Basin Program'.
            ``(2) Purposes.--The purposes of the program are--
                    ``(A) to protect and enhance the environmental 
                integrity and social and economic benefits of the Lake 
                Champlain basin; and
                    ``(B) to achieve the environmental goals described 
                in the Plan, including--
                            ``(i) the reduction of phosphorous inputs 
                        to Lake Champlain from point sources and 
                        nonpoint sources so as to--
                                    ``(I) promote a healthy and diverse 
                                ecosystem; and
                                    ``(II) provide for sustainable 
                                human use and enjoyment of Lake 
                                Champlain;
                            ``(ii) the reduction of toxic 
                        contamination, such as contamination by mercury 
                        and polychlorinated biphenyls, to protect 
                        public health and the ecosystem of the Lake 
                        Champlain basin;
                            ``(iii) the control of the introduction, 
                        spread, and impacts of nonnative nuisance 
                        species to preserve the integrity of the 
                        ecosystem of the Lake Champlain basin;
                            ``(iv) the minimization of risks to humans 
                        from water-related health hazards in the Lake 
                        Champlain basin, including through the 
                        protection of sources of drinking water in the 
                        Lake Champlain basin;
                            ``(v) the restoration and maintenance of a 
                        healthy and diverse community of fish and 
                        wildlife in the Lake Champlain basin;
                            ``(vi) the protection and restoration of 
                        wetland, streams, and riparian habitat in the 
                        Lake Champlain basin, including functions and 
                        values provided by those areas;
                            ``(vii) the management of Lake Champlain, 
                        including shorelines and tributaries of Lake 
                        Champlain, to achieve--
                                    ``(I) the protection of natural and 
                                cultural resources of Lake Champlain; 
                                and
                                    ``(II) the maintenance of 
                                recreational uses of Lake Champlain;
                            ``(viii) the protection of recreation and 
                        cultural heritage resources of the Lake 
                        Champlain basin;
                            ``(ix) the continuance of the Lake 
                        Champlain long-term water quality and 
                        biological monitoring program; and
                            ``(x) the promotion of healthy and diverse 
                        economic activity and sustainable development 
                        principles in the Lake Champlain basin.
    ``(c) Implementation.--The Committee, in consultation with 
appropriate heads of Federal agencies, shall implement the program.
    ``(d) Revision of Plan.--At least once every 5 years, the Committee 
shall review and, as necessary, revise the Plan.
    ``(e) Grants.--
            ``(1) In general.--Subject to paragraph (2), the 
        Administrator may, in consultation with the Committee, make 
        grants, for the purpose of implementing the management 
        strategies contained in the Plan, to--
                    ``(A) State, interstate, and regional water 
                pollution control agencies; and
                    ``(B) public or nonprofit agencies, institutions, 
                and organizations.
            ``(2) Cost sharing.--The Federal share of the cost of any 
        activity carried out using funds from a grant provided under 
        this subsection shall not exceed 75 percent.
            ``(3) Additional requirements.--The Administrator may 
        establish such additional requirements for the administration 
        of grants provided under this subsection as the Administrator 
        determines to be appropriate.
    ``(f) Coordination of Federal Programs.--
            ``(1) Agriculture.--The Secretary of Agriculture shall 
        support the implementation of the program by providing 
        financial and technical assistance relating to best management 
        practices for controlling nonpoint source pollution, 
        particularly with respect to preventing pollution from 
        agricultural activities.
            ``(2) Interior.--
                    ``(A) Geological survey.--The Secretary of the 
                Interior, acting through the United States Geological 
                Survey, shall support the implementation of the program 
                by providing financial, scientific, and technical 
                assistance and applicable watershed research, such as--
                            ``(i) stream flow monitoring;
                            ``(ii) water quality monitoring;
                            ``(iii) evaluation of effectiveness of best 
                        management practices;
                            ``(iv) research on the transport and final 
                        destination of toxic chemicals in the 
                        environment; and
                            ``(v) development of an integrated 
                        geographic information system for the Lake 
                        Champlain basin.
                    ``(B) Fish and wildlife.--The Secretary of the 
                Interior, acting through the Director of the United 
                States Fish and Wildlife Service and in cooperation 
                with the Committee, shall support the implementation of 
                the program by--
                            ``(i) supporting the protection and 
                        restoration of wetland, streams, aquatic, and 
                        riparian habitat;
                            ``(ii) supporting restoration of 
                        interjurisdictional fisheries and declining 
                        aquatic species in the Lake Champlain watershed 
                        through--
                                    ``(I) propagation of fish in 
                                hatcheries; and
                                    ``(II) continued advancement in 
                                fish culture and aquatic species 
                                management technology;
                            ``(iii) supporting the control and 
                        management of aquatic nuisance species that 
                        have adverse effects on--
                                    ``(I) fisheries; or
                                    ``(II) the form, function, or 
                                structure of the ecosystem of the Lake 
                                Champlain basin;
                            ``(iv) providing financial and technical 
                        assistance in accordance with the Fish and 
                        Wildlife Coordination Act (16 U.S.C. 661 et 
                        seq.) to private landowners seeking to improve 
                        fish and wildlife habitat, a goal of which is--
                                    ``(I) restoration of full function 
                                to degraded habitat;
                                    ``(II) enhancement of specific 
                                habitat functions; or
                                    ``(III) establishment of valuable 
                                fish and wildlife habitat that did not 
                                previously exist on a particular parcel 
                                of real property; and
                            ``(v) taking other appropriate action to 
                        assist in implementation of the Plan.
                    ``(C) National parks.--The Secretary of the 
                Interior, acting through the Director of the National 
                Park Service, shall support the implementation of the 
                program by providing, through the use of funds in the 
                National Recreation and Preservation Appropriation 
                account of the National Park Service, financial and 
                technical assistance for programs concerning cultural 
                heritage, natural resources, recreational resources, or 
                other programs consistent with the mission of the 
                National Park Service that are associated with the Lake 
                Champlain basin, as identified in the Plan.
            ``(3) Commerce.--The Secretary of Commerce, acting through 
        the Under Secretary for Oceans and Atmosphere, shall support 
        the implementation of the program by providing financial and 
        technical assistance, through the national sea grant program of 
        the Department of Commerce, for--
                    ``(A) research;
                    ``(B) management of fisheries and other aquatic 
                resources;
                    ``(C) related watershed programs; and
                    ``(D) other appropriate action to assist in 
                implementation of the Plan.
    ``(g) No Effect on Other Authority.--Nothing in this section 
affects the authority of--
            ``(1) any Federal or State agency; or
            ``(2) any international entity relating to Lake Champlain 
        established by an international agreement to which the United 
        States is a party.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $11,000,000 for each of fiscal 
years 2003 through 2007, of which--
            ``(1) $5,000,000 shall be made available to the 
        Administrator;
            ``(2) $3,000,000 shall be made available to the Secretary 
        of the Interior;
            ``(3) $1,000,000 shall be made available to the Secretary 
        of Commerce; and
            ``(4) $2,000,000 shall be made available to the Secretary 
        of Agriculture.''.

SEC. 203. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.

    Section 542 of the Water Resources Development Act of 2000 (114 
Stat. 2671) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a)'' and all that follows 
                through ``(A) the land areas'' and inserting the 
                following:
    ``(a) Definition of Lake Champlain Watershed.--In this section, the 
term `Lake Champlain watershed' means--
            ``(1) the land areas'';
                    (B) by striking ``(B)(i) the'' and inserting the 
                following:
            ``(2)(A) the'';
                    (C) by striking ``(ii) the'' and inserting the 
                following:
            ``(B) the'';
                    (D) in paragraph (2)(A) (as redesignated by 
                subparagraph (B)), by inserting ``Hamilton,'' after 
                ``Franklin,''; and
                    (E) in paragraph (2)(B) (as redesignated by 
                subparagraph (C)), by striking ``clause (i)'' and 
                inserting ``subparagraph (A)'';
            (2) in subsections (b) through (e), by striking ``critical 
        restoration'' each place it appears and inserting ``ecosystem 
        restoration'';
            (3) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Critical Restoration Projects'' and inserting 
                ``Ecosystem Restoration Program'';
                    (B) in paragraph (1), by striking ``participate 
                in'' and inserting ``provide design and construction 
                assistance to non-Federal interests for''; and
                    (C) in paragraph (2)--
                            (i) by striking ``A'' and inserting ``An''; 
                        and
                            (ii) in subparagraph (E), by inserting 
                        before the period at the end the following: ``, 
                        including remote sensing and the development of 
                        a geographic information system for the Lake 
                        Champlain basin by the Cold Regions Research 
                        and Engineering Laboratory'';
            (4) in subsection (c)--
                    (A) by striking ``assistance for a'' and inserting 
                ``design and construction assistance for an''; and
                    (B) in paragraph (2), by inserting ``ecosystem 
                restoration or'' after ``form of'';
            (5) in subsection (d)--
                    (A) by striking ``(d)'' and all that follows 
                through ``(A) In general.--A'' and inserting the 
                following:
    ``(d) Criteria for Eligibility.--
            ``(1) In general.--An''; and
                    (B) by striking ``(B) Special'' and inserting the 
                following:
            ``(2) Special''; and
            (6) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) by striking ``to a'' and inserting ``to 
                        an'';
                            (ii) by striking ``project,'' and inserting 
                        ``project (which assistance may include the 
                        provision of funds through the Lake Champlain 
                        Basin Program),''; and
                            (iii) by striking ``agreement that shall 
                        require the non-Federal interest'' and 
                        inserting the following: ``agreement that is in 
                        accordance with section 221 of the Flood 
                        Control Act of 1970 (42 U.S.C. 1962d-5b) and 
                        under which the non-Federal interest agrees'';
                    (B) in paragraph (2)(C), by striking ``50'' and 
                inserting ``100''; and
                    (C) by adding at the end the following:
            ``(3) Credit for agricultural conservation.--Funds provided 
        to a non-Federal interest under the conservation reserve 
        enhancement program of the Department of Agriculture announced 
        on May 27, 1998 (63 Fed. Reg. 28965), or the wetlands reserve 
        program under subchapter C of chapter 1 of subtitle D of title 
        XII of the Food Security Act of 1985 (16 U.S.C. 3837 et seq.), 
        for use in carrying out a project under the Plan shall be 
        credited toward the non-Federal share of the cost of the 
        project if the Secretary of Agriculture certifies that those 
        funds may be used for the purpose of the project under the 
        Plan.''.

                        TITLE III--MISCELLANEOUS

SEC. 301. PHASE II STORM WATER PROGRAM.

    Notwithstanding any other provision of law, for fiscal year 2003, 
funds made available to carry out nonpoint source management programs 
under section 319 of the Federal Water Pollution Control Act (33 U.S.C. 
1329) in a State 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 final 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).
            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
```