II 
110TH CONGRESS 
2D SESSION 
H. R. 6460 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 22 (legislative day, SEPTEMBER 17), 2008 
Received 
AN ACT 
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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Great Lakes Legacy 
Reauthorization Act of 2008’’. 
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 assessment of con-
taminated sediment in an area of concern lo-
cated wholly or partially within the United 
States; 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 a semicolon; and 
(4) by adding at the end the following: 
‘‘(iii) unless each non-Federal sponsor 
for the project has entered into a written 
project agreement with the Administrator 
under which the party agrees to carry out 
its responsibilities and requirements for 
the project; or 
‘‘(iv) unless the Administrator pro-
vides assurance that the Agency has con-
ducted a reasonable inquiry to identify po-
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tentially responsible parties connected with 
the site.’’. 
(c) 
IN-KIND
CONTRIBUTIONS.—Section 
118(c)(12)(E)(ii) 
of 
such 
Act 
(33 
U.S.C. 
1268(c)(12)(E)(ii)) is amended to read as follows: 
‘‘(ii) IN-KIND CONTRIBUTIONS.— 
‘‘(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)(iii) 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 the in-kind con-
tribution is integral to the project. 
‘‘(III) WORK
PERFORMED
BE-
FORE PROJECT AGREEMENT.—In any 
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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 
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-
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sor, as determined by the Admin-
istrator. 
‘‘(V) INCLUSION
OF
CERTAIN 
CONTRIBUTIONS.—In this subpara-
graph, the term ‘in-kind contribution’ 
may include the costs of planning (in-
cluding data collection), design, con-
struction, and materials that are pro-
vided by the non-Federal sponsor for 
implementation of a project under this 
paragraph.’’. 
(d) NON-FEDERAL SHARE.—Section 118(c)(12)(E) 
of such Act (33 U.S.C. 1268(c)(12)(E)) is amended— 
(1) by redesignating clauses (iii) and (iv) as 
clauses (iv) and (v), respectively; 
(2) by inserting after clause (ii) the following: 
‘‘(iii) TREATMENT
OF
CREDIT
BE-
TWEEN
PROJECTS.—Any credit provided 
under this subparagraph towards the non- 
Federal share of the cost of a project car-
ried out under this paragraph may be ap-
plied towards the non-Federal share of the 
cost of any other project carried out under 
this paragraph by the same non-Federal 
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sponsor for a site within the same area of 
concern.’’; and 
(3) in clause (iv) (as redesignated by paragraph 
(1) of this subsection) by striking ‘‘service’’ each 
place it appears and inserting ‘‘contribution’’. 
(e) 
SITE
CHARACTERIZATION.—Section 
118(c)(12)(F) of such Act (33 U.S.C. 1268(c)(12)(F)) is 
amended to read as follows: 
‘‘(F) SITE CHARACTERIZATION.— 
‘‘(i) IN
GENERAL.—The Adminis-
trator, in consultation with any affected 
State or unit of local government, shall 
carry out at Federal expense the site char-
acterization of a project under this para-
graph for the remediation of contaminated 
sediment. 
‘‘(ii) LIMITATION.—For purposes of 
clause (i), the Administrator may carry out 
one site assessment per discrete site within 
a project at Federal expense.’’. 
(f) 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: 
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‘‘(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 
‘‘(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).’’. 
(g) 
PUBLIC
INFORMATION
PROGRAM.—Section 
118(c)(13)(B) of such Act (33 U.S.C. 1268(c)(13)(B)) is 
amended by striking ‘‘2008’’ and inserting ‘‘2013’’. 
SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM. 
Section 106(b)(1) of the Great Lakes Legacy Act of 
2002 (33 U.S.C. 1271a(b)(1)) is amended to read as fol-
lows: 
‘‘(1) IN GENERAL.—In addition to amounts au-
thorized under other laws, there is authorized to be 
appropriated to carry out this section— 
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‘‘(A) $3,000,000 for each of fiscal years 
2004 through 2008; and 
‘‘(B) $5,000,000 for each of fiscal years 
2009 through 2013.’’. 
Passed the House of Representatives September 18, 
2008. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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