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In the Senate of the United States,
October 17, 2002.
Resolved, That the bill from the House of Representa-
tives (H.R. 1070) entitled ‘‘An Act to amend the Federal
Water Pollution Control Act to authorize the Administrator
of the Environmental Protection Agency to carry out projects
and conduct research for remediation of sediment contamina-
tion in areas of concern in the Great Lakes, and for other
purposes.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Great Lakes and Lake Champlain Act of 2002’’.
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(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.
Sec. 104. Relationship to Federal and State authorities.
Sec. 105. Authorization of appropriations.
Sec. 106. Research and development program.
TITLE II—LAKE CHAMPLAIN
Sec. 201. Short title.
Sec. 202. Lake Champlain Basin Program.
TITLE III—MISCELLANEOUS
Sec. 301. Phase II storm water program.
Sec. 302. Preservation of reporting requirements.
Sec. 303. Repeal.
Sec. 304. Cross Harbor Freight Movement Project EIS, New York City.
Sec. 305. Center for Brownfields Excellence.
Sec. 306. Louisiana Highway 1026 Project, Louisiana.
TITLE I—GREAT LAKES
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Great Lakes Legacy
Act of 2002’’.
SEC. 102. REPORT ON REMEDIAL ACTION PLANS.
Section 118(c)(3) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1268(c)(3)) is amended by adding at
the end the following:
‘‘(E) REPORT.—Not later than 1 year after
the date of enactment of this subparagraph, the
Administrator shall submit to Congress a report
on such actions, time periods, and resources as
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are necessary to fulfill the duties of the Agency
relating to oversight of Remedial Action Plans
under—
‘‘(i) this paragraph; and
‘‘(ii) the Great Lakes Water Quality
Agreement.’’.
SEC. 103. 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 Program Office, may carry out projects that
meet the requirements of subparagraph (B).
‘‘(B) ELIGIBLE PROJECTS.—A project meets
the requirements of this subparagraph if the
project is to be carried out in an area of concern
located wholly or partially in the United States
and the project—
‘‘(i) monitors or evaluates contami-
nated sediment;
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‘‘(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)(I) has been identified in a Reme-
dial Action Plan submitted under para-
graph (3); and
‘‘(II) is ready to be implemented;
‘‘(iii) will use an innovative approach,
technology, or technique that may provide
greater environmental benefits, or equiva-
lent environmental benefits at a reduced
cost; or
‘‘(iv) includes remediation to be com-
menced not later than 1 year after the date
of receipt of funds for the project.
‘‘(D) LIMITATION.—The Administrator may
not carry out a project under this paragraph for
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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 SHARE.—
‘‘(i) IN
GENERAL.—The non-Federal
share of the cost of a project carried out
under this paragraph shall be at least 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.
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‘‘(iii) 
NON-FEDERAL
SHARE.—The
non-Federal share of the cost of a project
carried out under this paragraph—
‘‘(I) may include monies paid
pursuant to, or the value of any in-
kind service performed under, an ad-
ministrative order on consent or judi-
cial consent decree; but
‘‘(II) may not include any funds
paid pursuant to, or the value of any
in-kind service performed under, a
unilateral 
administrative 
order 
or
court order.
‘‘(iv) 
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
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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 the 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 practicable.
‘‘(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 2004 through 2008.
‘‘(ii) 
AVAILABILITY.—Funds 
made
available under clause (i) shall remain
available until expended.
‘‘(13) PUBLIC INFORMATION PROGRAM.—
‘‘(A) IN GENERAL.—The Administrator, act-
ing through the Program Office and in coordina-
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tion with States, Indian tribes, local govern-
ments, and other entities, may carry out a pub-
lic information program to provide information
relating to the remediation of contaminated sedi-
ment to the public in areas of concern that are
located wholly or partially in the United States.
‘‘(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated
to carry out this paragraph $1,000,000 for each
of fiscal years 2004 through 2008.’’.
SEC. 104. RELATIONSHIP TO FEDERAL AND STATE AU-
THORITIES.
Section 118(g) of the Federal Water Pollution Control
Act (33 U.S.C. 1268(g)) 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’’; and
(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.’’.
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SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
Section 118(h) of the Federal Water Pollution Control
Act (33 U.S.C. 1268(h)) is amended—
(1) by striking the second sentence; and
(2) in the first sentence—
(A) by striking ‘‘not to exceed $11,000,000’’
and inserting ‘‘not to exceed—
‘‘(1) $11,000,000’’;
(B) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
‘‘(2) such sums as are necessary for each of fiscal
years 1992 through 2003; and
‘‘(3) $25,000,000 for each of fiscal years 2004
through 2008.’’.
SEC. 106. RESEARCH AND DEVELOPMENT PROGRAM.
(a) IN GENERAL.—In coordination with other Federal,
State, and local officials, the Administrator of the Environ-
mental Protection Agency may conduct research on the de-
velopment and use of innovative approaches, technologies,
and techniques for the remediation of sediment contamina-
tion in areas of concern that are located wholly or partially
in the United States.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—In addition to amounts au-
thorized under other laws, there is authorized to be
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appropriated to carry out this section $3,000,000 for
each of fiscal years 2004 through 2008.
(2) AVAILABILITY.—Funds appropriated under
paragraph (1) shall remain available until expended.
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.
Section 120 of the Federal Water Pollution Control Act
(33 U.S.C. 1270) is amended—
(1) by striking the section heading and all that
follows through ‘‘There is established’’ in subsection
(a) and inserting the following:
‘‘SEC. 120. LAKE CHAMPLAIN BASIN PROGRAM.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—There is established’’;
(2) in subsection (a) (as amended by paragraph
(1)), by adding at the end the following:
‘‘(2) IMPLEMENTATION.—The Administrator—
‘‘(A) may provide support to the State of
Vermont, the State of New York, and the New
England Interstate Water Pollution Control
Commission for the implementation of the Lake
Champlain Basin Program; and