Great Lakes Legacy Reauthorization Act of 2008
PL 110-365 (H.R.6460), enacted 10/08/2008

122 STAT. 4021 
PUBLIC LAW 110–365—OCT. 8, 2008 
Public Law 110–365 
110th Congress 
An Act 
To amend the Federal Water Pollution Control Act to provide for the remediation 
of sediment contamination in areas of concern, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Great Lakes Legacy Reauthoriza-
tion Act of 2008’’. 
SEC. 2. DEFINITIONS. 
Section 118(a)(3) of the Federal Water Pollution Control Act 
(33 U.S.C. 1268(a)(3)) is amended— 
(1) in subparagraph (I) by striking ‘‘and’’ at the end; 
(2) in subparagraph (J) by striking the period and inserting 
a semicolon; and 
(3) by adding at the end the following: 
‘‘(K) ‘site characterization’ means a process for moni-
toring and evaluating the nature and extent of sediment 
contamination in accordance with the Environmental 
Protection Agency’s guidance for the assessment of contami-
nated sediment in an area of concern located wholly or 
partially within the United States; and 
‘‘(L) ‘potentially responsible party’ means an individual 
or entity that may be liable under any Federal or State 
authority that is being used or may be used to facilitate 
the cleanup and protection of the Great Lakes.’’. 
SEC. 3. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF 
CONCERN. 
(a) ELIGIBLE PROJECTS.—Section 118(c)(12)(B)(ii) of the Federal 
Water Pollution Control Act (33 U.S.C. 1268(c)(12)(B)(ii)) is 
amended by striking ‘‘sediment’’ and inserting ‘‘sediment, including 
activities to restore aquatic habitat that are carried out in conjunc-
tion with a project for the remediation of contaminated sediment’’. 
(b) LIMITATIONS.—Section 118(c)(12)(D) of such Act (33 U.S.C. 
1268(c)(12)(D)) is amended— 
(1) in the subparagraph heading by striking ‘‘LIMITATION’’ 
and inserting ‘‘LIMITATIONS’’; 
(2) in clause (i) by striking ‘‘or’’ at the end; 
(3) in clause (ii) by striking the period and inserting a 
semicolon; and 
(4) by adding at the end the following: 
‘‘(iii) unless each non-Federal sponsor for the 
project has entered into a written project agreement 
33 USC 1251 
note. 
Great Lakes 
Legacy 
Reauthorization 
Act of 2008. 
Oct. 8, 2008 
[H.R. 6460] 
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122 STAT. 4022 
PUBLIC LAW 110–365—OCT. 8, 2008 
with the Administrator under which the party agrees 
to carry out its responsibilities and requirements for 
the project; or 
‘‘(iv) unless the Administrator provides assurance 
that the Agency has conducted a reasonable inquiry 
to identify potentially responsible parties connected 
with the site.’’. 
(c) IN-KIND CONTRIBUTIONS.—Section 118(c)(12)(E)(ii) of such 
Act (33 U.S.C. 1268(c)(12)(E)(ii)) is amended to read as follows: 
‘‘(ii) IN-KIND CONTRIBUTIONS.— 
‘‘(I) IN GENERAL.—The non-Federal share of 
the cost of a project carried out under this para-
graph may include the value of an in-kind con-
tribution provided by a non-Federal sponsor. 
‘‘(II) CREDIT.—A project agreement described 
in subparagraph (D)(iii) may provide, with respect 
to a project, that the Administrator shall credit 
toward the non-Federal share of the cost of the 
project the value of an in-kind contribution made 
by the non-Federal sponsor, if the Administrator 
determines that the material or service provided 
as the in-kind contribution is integral to the 
project. 
‘‘(III) WORK
PERFORMED
BEFORE
PROJECT 
AGREEMENT.—In any case in which a non-Federal 
sponsor is to receive credit under subclause (II) 
for the cost of work carried out by the non-Federal 
sponsor and such work has not been carried out 
by the non-Federal sponsor as of the date of enact-
ment of this subclause, the Administrator and the 
non-Federal sponsor shall enter into an agreement 
under which the non-Federal sponsor shall carry 
out such work, and only work carried out following 
the execution of the agreement shall be eligible 
for credit. 
‘‘(IV) LIMITATION.—Credit authorized under 
this clause for a project carried out under this 
paragraph— 
‘‘(aa) shall not exceed the non-Federal 
share of the cost of the project; and 
‘‘(bb) shall not exceed the actual and 
reasonable costs of the materials and services 
provided by the non-Federal sponsor, as deter-
mined by the Administrator. 
‘‘(V) INCLUSION OF CERTAIN CONTRIBUTIONS.— 
In this subparagraph, the term ‘in-kind contribu-
tion’ may include the costs of planning (including 
data collection), design, construction, and mate-
rials that are provided by the non-Federal sponsor 
for implementation of a project under this para-
graph.’’. 
(d) NON-FEDERAL SHARE.—Section 118(c)(12)(E) of such Act 
(33 U.S.C. 1268(c)(12)(E)) is amended— 
(1) by redesignating clauses (iii) and (iv) as clauses (iv) 
and (v), respectively; 
(2) by inserting after clause (ii) the following: 
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122 STAT. 4023 
PUBLIC LAW 110–365—OCT. 8, 2008 
‘‘(iii) TREATMENT OF CREDIT BETWEEN PROJECTS.— 
Any credit provided under this subparagraph towards 
the non-Federal share of the cost of a project carried 
out under this paragraph may be applied towards the 
non-Federal share of the cost of any other project car-
ried out under this paragraph by the same non-Federal 
sponsor for a site within the same area of concern.’’; 
and 
(3) in clause (iv) (as redesignated by paragraph (1) of 
this subsection) by striking ‘‘service’’ each place it appears 
and inserting ‘‘contribution’’. 
(e) SITE CHARACTERIZATION.—Section 118(c)(12)(F) of such Act 
(33 U.S.C. 1268(c)(12)(F)) is amended to read as follows: 
‘‘(F) SITE CHARACTERIZATION.— 
‘‘(i) IN GENERAL.—The Administrator, in consulta-
tion with any affected State or unit of local government, 
shall carry out at Federal expense the site characteriza-
tion of a project under this paragraph for the remedi-
ation of contaminated sediment. 
‘‘(ii) LIMITATION.—For purposes of clause (i), the 
Administrator may carry out one site assessment per 
discrete site within a project at Federal expense.’’. 
(f) AUTHORIZATION OF APPROPRIATIONS.—Section 118(c)(12)(H) 
of such Act (33 U.S.C. 1268(c)(12)(H)) is amended— 
(1) by striking clause (i) and inserting the following: 
‘‘(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 
2010.’’; and 
(2) by adding at the end the following: 
‘‘(iii) ALLOCATION OF FUNDS.—Not more than 20 
percent of the funds appropriated pursuant to clause 
(i) for a fiscal year may be used to carry out subpara-
graph (F).’’. 
(g) PUBLIC INFORMATION PROGRAM.—Section 118(c)(13)(B) of 
such Act (33 U.S.C. 1268(c)(13)(B)) is amended by striking ‘‘2008’’ 
and inserting ‘‘2010’’. 
SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM. 
Section 106(b) of the Great Lakes Legacy Act of 2002 (33 
U.S.C. 1271a(b)) is amended by striking paragraph (1) and inserting 
the following: 
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