spoil disposal facility in the waters of the Great
Lakes unless—
‘‘(A) the Administrator has concurred in
writing with the decision of the Secretary to es-
tablish, expand, or modify the facility, and the
concurrence is based on—
‘‘(i) a consideration of the environ-
mental and economic benefits of using a
confined spoil disposal facility to remove
contaminated sediment from the aquatic
habitat;
‘‘(ii) a consideration of the potential
effects of the project on pollutant and sedi-
ment transport; and
‘‘(iii) a determination that the facility
is consistent with the guidelines established
pursuant to paragraph (2); or
‘‘(B) 45 days (or 90 days, in a case in
which the Administrator has requested an ex-
tension from the Secretary in writing) have
elapsed since the date on which the Adminis-
trator received from the Secretary all material
necessary to evaluate the proposed facility,
and—
‘‘(i) the Administrator has not issued
an opinion regarding the proposed facility;
and
‘‘(ii) the Secretary has—
‘‘(I) provided an opportunity for
public review and comment; and
‘‘(II) determined that the facility
is consistent with the guidelines estab-
lished pursuant to paragraph (2).
‘‘(5) EVALUATION AND IDENTIFICATION OF FA-
CILITIES.—
‘‘(A) EVALUATION.—Not later than De-
cember 31, 1994, the Administrator shall, with
respect to each confined spoil disposal facility
located in the waters of the Great Lakes , evalu-
ate the existing and projected integrity of the
facility.
‘‘(B) IDENTIFICATION.—Not later than
December 31, 1994, the Administrator, in con-
sultation with the Secretary, shall identify each
confined spoil disposal facility located in the
waters of the Great Lakes that is at risk of
causing an exceedance of water or sediment
quality standards or interfere with the protec-
tion and propagation of a balanced, indigenous
population of fish, shellfish, and wildlife.
‘‘(6) MANAGEMENT PLANS.—
‘‘(A) IN GENERAL.—Not later than Octo-
ber 1, 1994, the Administrator, in cooperation
with the Secretary and the Director of the Fish
and Wildlife Service, an appropriate official of
each host State, and local sponsors shall de-
velop and implement a management plan for
each confined spoil disposal facility located in
the waters of the Great Lakes.
‘‘(B) PUBLIC COMMENT.—In developing a
plan, the Administrator shall provide an oppor-
tunity for public comment on the scope and
content of the plan.
‘‘(C) REQUIREMENTS.—Each plan shall in-
clude—
‘‘(i) a baseline assessment of condi-
tions at the site;
‘‘(ii) a program for monitoring the
site;
‘‘(iii) special management conditions
or practices that are necessary for the pro-
tection of human health, wildlife, and the
environment;
‘‘(iv) a consideration of the quantity
of material to be disposed of at the site,
and 
the 
presence, 
nature, 
and
bioavailability of contaminants in the ma-
terial;
‘‘(v) a program for reducing to a min-
imum the volume and toxicity of sediment
disposed of at the site;
‘‘(vi) a schedule of the anticipated use
of the site over the long term, including
the anticipated closure date for the site, if
applicable, and any post-closure manage-
ment of the site that will be implemented
pursuant to clause (iii);
‘‘(vii) any restrictions on public access
or access by wildlife to confined spoil dis-
posal facilities that are necessary for envi-
ronmental, safety, and health reasons;
‘‘(viii) a schedule for the review and
revision of the plan, that shall include pro-
visions for review and revision not later
than 5 years after the date of adoption of
the plan, and every 5 years thereafter; and
‘‘(ix) an allocation of the costs of im-
plementing the plan, including the share of
the Environmental Protection Agency, the
Department of the Army, each host State,
local sponsors, and any other party that
the Administrator, in cooperation the offi-
cials and entities referred to in subpara-
graph (A), determines appropriate.
‘‘(7) REMEDIATION PLANS.—
‘‘(A) IN
GENERAL.—Not later than De-
cember 31, 1996, the Secretary shall, in con-
sultation with the Administrator, the Director
of the Fish and Wildlife Service, the appro-
priate official of each host State, and local
sponsors—
‘‘(i) develop a confined spoil disposal
facility remediation plan for each confined
spoil disposal facility identified in para-
graph (2)(B); and
‘‘(ii) submit each remediation plan to
the Administrator.
‘‘(B) REQUIREMENTS.—The remediation
plan shall include a schedule of engineered im-
provements, closure or post-closure require-
ments, or restrictions of the facility, or other
measures to ensure that the facility will not ex-
ceed water or sediment quality standards or
interfere with the protection and propagation of
a balanced indigenous population of fish, shell-
fish, and wildlife.
‘‘(C) RESTRICTION OR CLOSURE OF FACIL-
ITY.—Any confined spoil disposal facility reme-
diation plan that recommends restriction or clo-
sure of the confined spoil disposal facility
shall—
‘‘(i) identify appropriate alternative
disposal options, including the estimated
costs and environmental benefits and im-
pacts of the alternatives; and
‘‘(ii) include a schedule for initiating
the alternatives and allocating costs, if ap-
plicable.
‘‘(D) APPROVAL OF PLAN.—Not later than
90 days after receipt of a confined spoil dis-
posal facility remediation plan, the Adminis-
trator, in consultation with the Director of the
Fish and Wildlife Service, shall make a deter-
mination whether to approve the plan.
‘‘(E) COSTS.—Costs associated with imple-
menting any approved confined spoil disposal
facility remediation plan shall be allocated in a