IB
Union Calendar No. 351
107TH CONGRESS
2D SESSION
H. R. 1070
[Report No. 107–587, Part I]
To amend the Federal Water Pollution Control Act to authorize the Adminis-
trator of the Environmental Protection Agency to make grants for reme-
diation 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 fol-
lowing 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 consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
JULY 18, 2002
Additional sponsors: Mr. CROWLEY, Mr. HOEKSTRA, Ms. KILPATRICK, Mr.
ROGERS of Michigan, Ms. KAPTUR, Mr. DINGELL, Mr. KILDEE, Mrs.
JONES of Ohio, Mr. PASCRELL, Mr. LATOURETTE, Mr. KUCINICH, Ms.
RIVERS, Mr. KIND, Mr. CAMP, Mr. GREEN
of Wisconsin, Ms.
SCHAKOWSKY, Mr. BARRETT, Ms. CARSON of Indiana, and Mr. SMITH
of Michigan
JULY 18, 2002
Reported from the Committtee on Transportation and Infrastructure with
amendments
[Strike out all after the enacting clause and insert the part printed in italic]
JULY 18, 2002
Referral to the Committee on Science extended for a period ending not later
than July 18, 2002
JULY 18, 2002
Committee on Science discharged; committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on March 15, 2001]
A BILL
To amend the Federal Water Pollution Control Act to au-
thorize the Administrator of the Environmental Protec-
tion Agency to make grants for remediation of sediment
contamination in areas of concern and to authorize as-
sistance for research and development of innovative tech-
nologies for such 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 Act
of 2002’’.
SEC. 2. 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 CONTAMINA-
TION IN AREAS OF CONCERN.—
‘‘(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 De-
velopment, may carry out qualified projects.
‘‘(B) QUALIFIED PROJECT.—In this para-
graph, a qualified project is a project to be car-
ried out in an area of concern located wholly or
in part in the United States that—
‘‘(i) monitors or evaluates contami-
nated sediment;
‘‘(ii) subject to subparagraph (D), im-
plements a plan to remediate contaminated
sediment; or
‘‘(iii) prevents further or renewed con-
tamination of sediment.
‘‘(C) PRIORITY.—In selecting projects to
carry out under this paragraph, the Adminis-
trator shall give priority to a project that—
‘‘(i) constitutes remedial action for
contaminated sediment;
‘‘(ii) has been identified in a Remedial
Action Plan submitted pursuant to para-
graph (3) and is ready to be implemented;
or
‘‘(iii) will use an innovative approach,
technology, or technique that may provide
greater environmental benefits or equivalent
environmental benefits at a reduced cost.
‘‘(D) LIMITATION.—The Administrator may
not carry out a project under this paragraph for
remediation of contaminated sediments located
in an area of concern—
‘‘(i) if an evaluation of remedial alter-
natives for the area of concern has not been
conducted, including a review of the short-
term and long-term effects of the alter-
natives on human health and the environ-
ment; or
‘‘(ii) if the Administrator determines
that the area of concern is likely to suffer
significant further or renewed contamina-
tion from existing sources of pollutants
causing sediment contamination following
completion of the project.
‘‘(E) NON-FEDERAL
MATCHING
REQUIRE-
MENT.—
‘‘(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.
‘‘(ii) IN-KIND
CONTRIBUTIONS.—The
non-Federal share of the cost of a project
carried out under this paragraph may in-
clude the value of in-kind services contrib-
uted by a non-Federal sponsor, including
any in-kind service performed under an ad-
ministrative order on consent or judicial
consent decree, but not including any in-
kind services performed under a unilateral
administrative order or court order.
‘‘(iii) 
OPERATION
AND
MAINTE-
NANCE.—The non-Federal share of the cost
of the operation and maintenance of a
project carried out under this paragraph
shall be 100 percent.
‘‘(F) MAINTENANCE OF EFFORT.—The Ad-
ministrator may not carry out a project under
this paragraph unless the non-Federal sponsor
enters into such agreements with the Adminis-
trator as the Administrator may require to en-
sure 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 av-
erage level of such expenditures in its 2 fiscal
years preceding the date on which the project is
initiated.
‘‘(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 con-
cern is used as efficiently as possible.
‘‘(H) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—
‘‘(i) IN
GENERAL.—In addition to
other amounts authorized under this sec-
tion, there is authorized to be appropriated
to carry out this paragraph $50,000,000 for
each of fiscal years 2003 through 2007.
‘‘(ii) 
AVAILABILITY.—Funds 
appro-
priated under clause (i) shall remain avail-
able until expended.’’.
SEC. 3. RELATIONSHIP TO FEDERAL AND STATE AUTHORI-
TIES.
Section 118(g) of the Federal Water Pollution Control
Act (33 U.S.C. 1268) is amended—
(1) by striking ‘‘construed to affect’’ and insert-
ing the following: ‘‘construed—
‘‘(1) to affect’’;
(2) by striking the period at the end and insert-
ing ‘‘; or’’;
(3) by adding at the end the following:
‘‘(2) to affect any other Federal or State author-
ity that is being used or may be used to facilitate the
cleanup and protection of the Great Lakes.’’; and
(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).
SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM.
(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 contamina-
tion in areas of concern in the Great Lakes.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—In addition to amounts au-
thorized 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.
(2) AVAILABILITY.—Funds appropriated under
paragraph (1) shall remain available until expended.
Amend the title so as to read: ‘‘A bill to amend the
Federal Water Pollution Control Act to authorize the Ad-
ministrator 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.’’.
Union Calendar No. 351
107TH CONGRESS
2D SESSION
H. R. 1070
[Report No. 107–587, Part I]
A BILL
To amend the Federal Water Pollution Control Act
to authorize the Administrator of the Environ-
mental Protection Agency to make grants for re-
mediation of sediment contamination in areas of
concern and to authorize assistance for research
and development of innovative technologies for
such purposes.
JULY 18, 2002
Reported from the Committee on Transportation and
Infrastructure with amendments
JULY 18, 2002
Referral to the Committee on Science extended for a
period ending not later than July 18, 2002
JULY 18, 2002
Committee on Science discharged; committed to the Com-
mittee of the Whole House on the State of the Union
and ordered to be printed