Great Lakes and Lake Champlain Act of 2002
PL 107-303 (H.R.1070), enacted 11/27/2002

PUBLIC LAW 107-303—NOV. 27, 2002 
116 STAT. 2355 
Public Law 107-303 
107th Congress 
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 contamination in areas of concern in the Great 
Lakes, and for other purposes. 
Nov. 27, 2002 
[H.R. 1070] 
33 u s e 1251 
note. 
• Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
Great Lakes and 
Lake Champlain 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Act of 2002 
(a) SHORT TITLE.—^This Act may be cited as the "Great Lakes 
and Lake Champlain Act of 2002". 
(b) TABLE OF CONTENTS.—^The table of contents for 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 reportmg reqmrements. 
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 Control 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 DeadUne. 
of enactment of this subparagraph, the Administrator shall 
submit to Congress a report on such actions, time periods. 
Great Lakes 
Legacy Act of 
2002. 
33 u s e 1251 
note. 
116 STAT. 2356 
PUBLIC LAW 107-303—NOV. 27, 2002 
and resources as 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 CONTAMINATION 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 subpara-
graph (B). 
"(B) ELIGIBLE PROJECTS.—A project meets the require-
ments of this subparagraph if the project is to be canned 
out in an area of concern located wholly or partially in 
the United States and the project— 
"(i) monitors or evaluates contaminated sediment; 
"(ii) subject to subparagraph (D), implements a 
plan to remediate contaminated sediment; or 
"(iii) prevents further or renewed contamination 
of sediment. 
"(C) PRIORITY.—In selecting projects to carry out under 
this paragraph, the Administrator shall give priority to 
a project that— 
"(i) constitutes remedial action for contaminated 
sediment; 
"(ii)(I) has been identified in a Remedial Action 
Plan submitted under paragraph (3); and 
"(II) is ready to be implemented; 
"(iii) will use an innovative approach, technology, 
or technique that may provide greater environmental 
benefits, or equivalent environmental benefits at a 
reduced cost; or 
"(iv) includes remediation to be commenced 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 remediation of 
contaminated sediments located in an area of concern— 
"(i) if an evaluation of remedial alternatives for 
the area of concern has not been conducted, including 
a review of the short-term and long-term effects of 
the alternatives on human health and the environment; 
or 
"(ii) if the Administrator determines that the area 
of concern is likely to suffer significant further or 
renewed contamination from existing sources of pollut-
ants causing sediment contamination following comple-
tion 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. 
PUBLIC LAW 107-303—NOV. 27, 2002 
116 STAT. 2357 
"(ii) 
IN-KIND 
CONTRIBUTIONS.—^The non-Federal 
share of the cost of a project carried out under this 
paragraph may include the value of in-kind services 
contributed by a non-Federal sponsor. 
"(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 administrative order on consent or judicial con-
sent 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 MAINTENANCE.—^The non-Fed-
eral 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 remedi-
ation programs in the area of concern in which the project 
is located at or above the average 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 
concern is used as efficiently as practicable. 
"(H) AUTHORIZATION OF APPROPRIATIONS.— 
"(i) IN GENERAL.—In addition to other amounts 
authorized under this section, 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, acting through 
the Program Office and in coordination with States, Indian 
tribes, local governments, and other entities, may carry 
out a public information program to provide information 
relating to the remediation of contaminated sediment to 
the public in areas of concern that are located wholly 
or partially in the United States. 
"(B) AUTHORIZATION OF APPROPRIATIONS.—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 AUTHORITIES. 
Section 118(g) of the Federal Water Pollution Control Act (33 
U.S.C. 1268(g)) is amended— 
116 STAT. 2358 
PUBLIC LAW 107-303—NOV. 27, 2002 
33 u s e 1271a. 
Daniel Patrick 
Moynihan Lake 
Champlain Basin 
Program Act of 
2002. 
33 u s e 1251 
note. 
(1) by striking "construed to affect" and inserting the 'fol-
lowing: "construed— 
"(1) to affect"; 
(2) by striking the period at the end and inserting "; or"; 
and 
(3) by adding at the end the following: 
"(2) to affect any other Federal or State authority that 
is being used or may be used to facilitate the cleanup and 
protection of the Great Lakes.". 
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— 
f 
, 
"(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 Environmental Protec-
tion Agency may conduct research on the development and use 
of innovative approaches, technologies, and techniques for the 
remediation of sediment contamination 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 authorized under 
other laws, there is authorized to be 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 Moynihan 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"; 
PUBLIC LAW 107-303—NOV. 27, 2002 
116 STAT. 2359 
(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 implementa-
tion of the Lake Champlain Basin Program; and 
"(B) shall coordinate actions of the Environmental 
Protection Agency under subparagraph (A) with the actions 
of other appropriate Federal agencies."; 
(3) in subsection (d), by striking "(1)"; 
(4) in subsection (e)— 
(A) in paragraph (1), by striking "(hereafter in this 
section referred to as the 'Plan')"; and 
(B) in paragraph (2)— 
(i) in subparagraph (D), by striking "and" at the 
end; 
(ii) in subparagraph (E), by striking the period 
at the end and inserting "; and"; and 
(iii) by adding at the end the following: 
"(F) be reviewed and revised, as necessary, at least once 
every 5 years, in consultation with the Administrator and other 
appropriate Federal agencies."; 
(5) in subsection (f)— 
(A) in paragraph (1), by striking "the Management 
Conference," and inserting "participants in the Lake Cham-
plain Basin Program,"; and 
(B) in paragraph (2), by striking "development of the 
Plan" and all that follows and inserting "development and 
implementation of the Plan."; 
(6) in subsection (g)— 
(A) by striking "(g)" and all that follows through "the 
term" and inserting the following: 
"(g) DEFINITIONS.—In this section: 
"(1) LAKE CHAMPLAIN BASIN PROGRAM.—^The term 'Lake 
Champlain Basin Program' means the coordinated 
efforts 
among the Federal Grovernment, State governments, and local 
governments to implement the Plan. 
"(2) LAKE CHAMPLAIN DRAINAGE BASIN.—The term"; 
(B) in paragraph (2) (as designated by subparagraph 
(A))— 
(i) by inserting "Hamilton," after "Franklin,"; and 
(ii) by inserting "Bennington," after "Rutland,"; 
and 
(C) by adding at the end the following: 
"(3) PLAN.—^The term 'Plan' means the plan developed 
under subsection (e)."; 
(7) by striking subsection (h) and inserting the following: 
"(h) N O EFFECT ON CERTAIN AUTHORITY.—Nothing in this 
section- "(1) affects the jurisdiction or powers of— 
"(A) any department or agency of the Federal Govern-
ment or any State government; or 
"(B) any international organization or entity related 
to Lake Champlain created by treaty or memorandum to 
which the United States is a signatory; 
116 STAT. 2360 
PUBLIC LAW 107-303—NOV. 27, 2002 
"(2) provides new regulatory authority for the Environ-
mental Protection Agency; or 
"(3) affects section 304 of the Great Lakes Critical Programs 
Act of 1990 (Public Law 101-596; 33 U.S.C. 1270 note)."; and 
(8) in subsection (i)— 
(A) by striking "section $2,000,000" and inserting 
"section— 
"(1) $2,000,000"; 
(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 
1996 through 2003; and 
"(3) $11,000,000 for each of fiscal years 2004 through 
2008.". 
TITLE III—MISCELLANEOUS 
SEC. 301. PHASE II STORM WATER PROGRAM. 
Notwithstanding any other provision of law, for fiscal year 
2003, funds made available to a State to carry out nonpoint source 
management programs under section 319 of the Federal Water 
Pollution Control Act (33 U.S.C. 1329) may, at the option of the 
State, be used to carry out projects and activities in the State 
relating to the development or implementation of phase II of the 
storm water program of the Environmental Protection Agency estab-
lished by the rule entitled "National Pollutant Discharge Elimi-
nation System—Regulations for Revision of the Water Pollution 
Control Program Addressing Storm Water Discharges", promulgated 
by the Administrator of the Environmental Protection Agency on 
December 8, 1999 (64 Fed. Reg. 68722). 
SEC. 302. PRESERVATION OF REPORTING REQUIREMENTS. 
31USC1113 
(a) IN GENERAL.—Section 3003(a)(1) of the Federal Reports 
note. 
Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note; Pubhc 
Law 104-66) does not apply to any report required to be submitted 
under any of the following provisions of law: 
(1) EFFECTS OF POLLUTION ON ESTUARIES OF THE UNITED 
STATES.—Section 104(n)(3) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1254(n)(3)). 
(2) 
IMPLEMENTATION 
OF GREAT LAKES WATER 
QUALITY 
AGREEMENT OF 1978.—Section 118(c)(10) of the Federal Water 
Pollution Control Act (33 U.S.C. 1268(c)(10)). 
(3) COMPREHENSIVE CONSERVATION AND MANAGEMENT PLAN 
FOR LONG ISLAND SOUND.—Section 119(c)(7) of the Federal 
Water Pollution Control Act (33 U.S.C. 1269(c)(7)). 
(4) LEVEL B PLAN ON ALL RIVER BASINS.—Section 209(b) 
of the Federal Water Pollution Control Act (33 U.S.C. 1289(b)). 
(5) STATE REPORTS ON WATER QUALITY OF ALL NAVIGABLE 
WATERS.—Section 305(b) of the Federal Water Pollution Control 
Act (33 U.S.C. 1315(b)). 
(6) EXEMPTIONS FROM WATER POLLUTION CONTROL REQUIRE-
MENTS FOR EXECUTIVE AGENCIES.—Section 313(a) of the Federal 
Water Pollution Control Act (33 U.S.C. 1323(a)). 
PUBLIC LAW 107-303—NOV. 27, 2002 
116 STAT. 2361 
(7) STATUS OF WATER QUALITY IN UNITED STATES LAKES.— 
Section 314(a) of the Federal Water Pollution Control Act (33 
U.S.C. 1324(a)). 
(8) 
NATIONAL 
ESTUARY 
PROGRAM 
ACTIVITIES.—Section 
320(j)(2) of the Federal Water Pollution Control Act (33 U.S.C. 
1330(j)(2)). 
(9) REPORTS ON CONTRACTS ENTERED INTO RELATING TO 
PROCUREMENT FROM VIOLATORS OF WATER QUALITY STAND-
ARDS.—Section 508(e) of the Federal Water Pollution Control 
Act (33 U.S.C. 1368(e)). 
(10) NATIONAL REQUIREMENTS AND COSTS OF WATER POLLU-
TION CONTROL.—Section 516 of the Federal Water Pollution 
Control Act (33 U.S.C. 1375). 
(b) OTHER REPORTS.— 
(1) IN GENERAL.—^Effective November 10, 1998, section 501 Effective date, 
of the Federal Reports Elimination Act of 1998 (Public Law 
105-362; 112 Stat. 3283) is amended by striking subsections 33USC1254, 
(a), (b), (c), and (d). 
1266,1285,1290, 
(2) APPLICABILITY.—The Federal Water Pollution Control 
\l^f ^^'^^' ^^^°' 
Act (33 U.S.C. 1254(n)(3)) shall be applied and administered 
33 use 1254 
on and after the date of enactment of this Act as if the amend- note. 
ments made by subsections (a), (b), (c), and (d) of section 501 
of the Federal Reports Elimination Act of 1998 (Public Law 
105-362; 112 Stat. 3283) had not been enacted. 
SEC. 303. REPEAL. 
20 USC 50 note. 
Title VII of Public Law 105-78 (20 U.S.C. 50 note; 111 Stat. 
1524) (other than section 702) is repealed. 
SEC. 304. CROSS HARBOR FREIGHT MOVEMENT PROJECT EIS, NEW 
YORK CITY. 
Section 1602 of the Transportation Equity Act for the 21st 
Century (112 Stat. 305) is amended in item number 1320 of the 
table by striking "Reconstruct 79th Street Traffic Circle, New York 
City" and inserting "Cross Harbor Freight Movement Project EIS, 
New York City". 
SEC. 305. CENTER FOR BROWNFIELDS EXCELLENCE. 
(a) IN GENERAL.—To demonstrate the transfer of technology 
and expertise from the Federal Government to the private sector, 
and to demonstrate the effectiveness of the reuse by the private 
sector of properties and assets that the Federal Government has 
determined, through applicable statutes and processes, that it no 
longer needs, the Administrator of the Environmental Protection 
Agency shall make a grant to not less than one eligible sponsor 
to establish and operate a center for Brownfields Excellence. 
(b) RESPONSIBILITIES OF CENTER.—^The responsibilities of a 
center established under this section shall include the transfer 
of technology and expertise in the redevelopment of abandoned 
or underutilized property that may have environmental contamina-
tion and the dissemination of information regarding successful 
models for such redevelopment. 
(c) PRIORITY.—In carrying out this section, the Administrator 
shall give priority consideration to a grant application submitted 
by an eligible sponsor that meets the following criteria: 
(1) Demonstrated ability to facilitate the return of property 
that may have environmental contamination to productive use. 
99-194O-03-25:QL3Part3 
116 STAT. 2362 
PUBLIC LAW 107-303—NOV. 27, 2002 
(2) Demonstrated ability to facilitate public-private partner-
ships and regional cooperation, 
(3) Capability to provide leadership in making both national 
and regional contributions to addressing the problem of under-
utilized or abandoned properties. 
(4) Demonstrated ability to work with Federal departments 
and agencies to facilitate reuse by the private sector of prop-
erties and assets no longer needed by the Federal Government. 
(5) Demonstrated ability to foster technology transfer. 
(d) ELIGIBLE SPONSOR DEFINED.—In this section, the term 
"eligible sponsor" means a regional nonprofit community redevelop-
ment organization assisting an area that— 
(1) has lost jobs due to the closure of a private sector 
or Federal installation; and 
(2) as a result, has an underemployed workforce and under-
utilized or abandoned properties. 
(e) AUTHORIZATION OF APPROPRIATIONS.—^There is authorized 
to be appropriated to carry out this section $1,000,000. 
SEC. 306. LOUISIANA HIGHWAY 1026 PROJECT, LOUISIANA. 
Section 1602 of the Transportation Equity Act for the 21st 
Century (112 Stat. 272) is amended in item number 426 of the 
table by striking "Louisiana Highway 16" and inserting the fol-
lowing: "Louisiana Highway 1026". 
Approved November 27, 2002. 
L E G I S L A T I V E H I S T O R Y — H . R . 
1070: 
HOUSE REPORTS: No. 107-587, Pt. 1 (Comm. on Transportation and Infrastruc-
ture). 
S E N A T E REPORTS: No. 107-312 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
Sept. 4, considered and passed House. 
Oct. 17, considered and passed Senate, amended. 
Nov. 12, House concurred in Senate amendment. 
'