IIB
107TH CONGRESS
2D SESSION
H. R. 1070
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 5, 2002
Received; read twice and referred to the Committee on Environment and
Public Works
AN ACT
To amend the Federal Water Pollution Control Act to au-
thorize the Administrator of the Environmental Protec-
tion 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.
HR 1070 RFS
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 Con-
trol 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 Of-
fice and in coordination with the Office of Re-
search and Development, may carry out quali-
fied 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;
HR 1070 RFS
‘‘(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 equiva-
lent environmental benefits at a reduced
cost.
‘‘(D) 
LIMITATION.—The 
Administrator
may not carry out a project under this para-
graph for remediation of contaminated sedi-
ments located in an area of concern—
‘‘(i) if an evaluation of remedial alter-
natives for the area of concern has not
HR 1070 RFS
been conducted, including a review of the
short-term and long-term effects of the al-
ternatives on human health and the envi-
ronment; 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-
HR 1070 RFS
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
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 expendi-
tures in its 2 fiscal years preceding the date on
which the project is initiated.
‘‘(G) COORDINATION.—In carrying out
projects under this paragraph, the Adminis-
trator 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
HR 1070 RFS
areas of concern is used as efficiently as pos-
sible.
‘‘(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 Con-
trol 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 au-
thority that is being used or may be used to facili-
HR 1070 RFS
tate 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 para-
graph (3) of this section).
SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM.
(a) IN GENERAL.—In coordination with other Fed-
eral and local officials, the Administrator of the Environ-
mental Protection Agency is authorized to conduct re-
search on the development and use of innovative ap-
proaches, technologies, and techniques for the remediation
of sediment contamination 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.
HR 1070 RFS
(2) AVAILABILITY.—Funds appropriated under
paragraph (1) shall remain available until expended.
Passed the House of Representatives September 4,
2002.
Attest:
JEFF TRANDAHL,
Clerk.
By MARTHA C. MORRISON,
Deputy Clerk.