II 
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 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.
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; 
‘‘(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 
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-
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 
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-
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. 
(2) AVAILABILITY.—Funds appropriated under 
paragraph (1) shall remain available until expended.
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.
‘‘(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—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 AGREE-
MENTS. 
Section 118(g) of the Federal Water Pollution Control 
Act (33 U.S.C. 1268(g)) is amended by inserting ‘‘, includ-
ing 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 Moy-
nihan 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 in-
serting the following: