I 
110TH CONGRESS 
2D SESSION 
H. R. 6460 
To amend the Federal Water Pollution Control Act to provide for the remedi-
ation of sediment contamination in areas of concern, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 10, 2008 
Mr. EHLERS (for himself and Mr. OBERSTAR) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastruc-
ture, and in addition to the Committee on Science and Technology, 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 com-
mittee concerned 
A BILL 
To amend the Federal Water Pollution Control Act to pro-
vide for the remediation of sediment contamination in 
areas of concern, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Great Lakes Legacy 
Reauthorization Act of 2008’’. 
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SEC. 2. DEFINITIONS. 
Section 118(a)(3) of the Federal Water Pollution 
Control Act (33 U.S.C. 1268(a)(3)) is amended— 
(1) in subparagraph (I) by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (J) by striking the period 
and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(K) ‘site characterization’ means a proc-
ess for monitoring and evaluating the nature 
and extent of sediment contamination in ac-
cordance with the Environmental Protection 
Agency’s guidance for the remediation of con-
taminated sediment in an area of concern lo-
cated wholly or partially within the United 
States, and shall include, to the maximum ex-
tent practicable, the identification of any poten-
tially responsible party connected with the site; 
and 
‘‘(L) ‘potentially responsible party’ means 
an individual or entity that may be liable under 
any Federal or State authority that is being 
used or may be used to facilitate the cleanup 
and protection of the Great Lakes.’’. 
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SEC. 3. REMEDIATION OF SEDIMENT CONTAMINATION IN 
AREAS OF CONCERN. 
(a) ELIGIBLE PROJECTS.—Section 118(c)(12)(B)(ii) 
of the Federal Water Pollution Control Act (33 U.S.C. 
1268(c)(12)(B)(ii)) is amended by striking ‘‘sediment’’ 
and inserting ‘‘sediment, including activities to restore 
aquatic habitat that are carried out in conjunction with 
a project for the remediation of contaminated sediment’’. 
(b) LIMITATIONS.—Section 118(c)(12)(D) of such 
Act (33 U.S.C. 1268(c)(12)(D)) is amended— 
(1) in the subparagraph heading by striking 
‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’; 
(2) in clause (i) by striking ‘‘or’’ at the end; 
(3) in clause (ii) by striking the period and in-
serting ‘‘; or’’; and 
(4) by adding at the end the following: 
‘‘(iii) if any non-Federal sponsor for 
the project has not entered into a written 
project agreement with the Administrator 
under which each party agrees to carry out 
its responsibilities and requirements for 
the project.’’. 
(c) NON-FEDERAL SHARE.—Clause (ii) of section 
118(c)(12)(E) of such Act (33 U.S.C. 1268(c)(12)(E)) is 
amended to read as follows: 
‘‘(ii) IN-KIND CONTRIBUTIONS.— 
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‘‘(I) IN
GENERAL.—The non- 
Federal share of the cost of a project 
carried out under this paragraph may 
include the value of an in-kind con-
tribution provided by a non-Federal 
sponsor. 
‘‘(II) CREDIT.—A project agree-
ment 
described 
in 
subparagraph 
(D)(ii) may provide with respect to a 
project that the Administrator shall 
credit toward the non-Federal share 
of the cost of the project the value of 
an in-kind contribution made by the 
non-Federal sponsor, if the Adminis-
trator determines that the material or 
service provided as an in-kind con-
tribution is integral to the project. 
‘‘(III) WORK
PERFORMED
BE-
FORE PROJECT AGREEMENT.—In any 
case in which a non-Federal sponsor 
is to receive credit under subclause 
(II) for the cost of work carried out 
by the non-Federal sponsor and such 
work has not been carried out by the 
non-Federal sponsor as of the date of 
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enactment of this subclause, the Ad-
ministrator and the non-Federal spon-
sor shall enter into an agreement 
under which the non-Federal sponsor 
shall carry out such work, and only 
work carried out following the execu-
tion of the agreement shall be eligible 
for credit. 
‘‘(IV) LIMITATION.—Credit au-
thorized under this clause for a 
project carried out under this para-
graph— 
‘‘(aa) shall not exceed the 
non-Federal share of the cost of 
the project; and 
‘‘(bb) shall not exceed the 
actual and reasonable costs of 
the materials and services pro-
vided by the non-Federal spon-
sor, as determined by the Admin-
istrator. 
‘‘(V) INCLUSION
OF
CERTAIN 
CONTRIBUTIONS.—In this clause, the 
term ‘in-kind contribution’ may in-
clude the costs of planning (including 
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data collection), design, construction, 
and materials that are provided by the 
non-Federal sponsor for implementa-
tion of a project under this para-
graph.’’. 
(d) SITE CHARACTERIZATION.—Subparagraph (F) of 
section 118(c)(12) of such Act (33 U.S.C. 1268(c)(12)) 
is amended to read as follows: 
‘‘(F) SITE CHARACTERIZATION.—The Ad-
ministrator, in consultation with any affected 
State or unit of local government, shall carry 
out at Federal expense the initial site character-
ization of a project under this paragraph for 
the remediation of contaminated sediment.’’. 
(e) AUTHORIZATION OF APPROPRIATIONS.—Section 
118(c)(12)(H) of such Act (33 U.S.C. 1268(c)(12)(H)) is 
amended— 
(1) by striking clause (i) and inserting the fol-
lowing: 
‘‘(i) IN
GENERAL.—In addition to 
other amounts authorized under this sec-
tion, there is authorized to be appropriated 
to carry out this paragraph— 
‘‘(I) $50,000,000 for each of fis-
cal years 2004 through 2008; and 
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‘‘(II) $150,000,000 for each of 
fiscal years 2009 through 2013.’’; and 
(2) by adding at the end the following: 
‘‘(iii) ALLOCATION
OF
FUNDS.—Not 
more than 20 percent of the funds appro-
priated pursuant to clause (i)(II) for a fis-
cal year may be used to carry out subpara-
graph (F).’’. 
SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM. 
Paragraph (1) of section 106(b) of the Great Lakes 
Legacy Act of 2002 (33 U.S.C. 1271a(b)) is amended to 
read as follows: 
‘‘(1) IN GENERAL.—In addition to amounts au-
thorized under other laws, there is authorized to be 
appropriated to carry out this section— 
‘‘(A) $3,000,000 for each of fiscal years 
2004 through 2008; and 
‘‘(B) $5,000,000 for each of the fiscal 
years 2009 through 2013.’’. 
Æ 
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