[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 75 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 75

To amend the River and Harbor Act of 1970 to improve Great Lakes Water 
               Pollution Control, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

Mr. Metzenbaum, (for himself, Mr. Glenn, and Mr. Levin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the River and Harbor Act of 1970 to improve Great Lakes Water 
               Pollution Control, 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 Sediment Control Act of 
1993''.

SECTION 2. SEDIMENT MANAGEMENT.

    (a) Amendment to Heading.--The heading of section 123 of the River 
and Harbor Act of 1970 (33 U.S.C. 1293a) is amended to read as follows:

                ``confined spoil disposal facilities''.

    (b) Conforming Amendment.--Section 123 of the River and Harbor Act 
of 1970 (33 U.S.C. 1293a) is amended by striking ``contained spoil 
disposal facilities'' each place it appears and inserting ``confined 
spoil disposal facilities''.
    (c) Requirements Relating to Construction, Operation, and 
Maintenance.--Section 123(a) of the River and Harbor Act of 1970 (33 
U.S.C. l293a(a)) is amended--
            (1) by striking ``(a)'' and inserting ``(a) Public 
        Information.--(1)'';
            (2) by striking ``of section 21 of the Federal Water 
        Pollution Control Act, and''; and
            (3) by adding at the end thereof the following new 
        paragraphs:
    ``(2) After December 31, 1994, it shall be unlawful to dump or 
otherwise dispose of dredge spoil at any location in the waters of the 
Great Lakes other than at a confined spoil disposal facility unless--
            ``(A)(i) the Administrator has concurred in writing with 
        the decision of the Secretary of the Army to allow the disposal 
        (either with or without conditions), if the concurrence is 
        based on a determination that the proposed disposal is 
        consistent with the guidelines developed pursuant to paragraph 
        (3); or
            ``(ii) a 45-day period (or a 90-day period in a case in 
        which the Administrator has requested an extension from the 
        Secretary of the Army in writing) beginning on the date on 
        which the Administrator receives from the Secretary all 
        material necessary to evaluate the proposed disposal has 
        expired and the Administrator has not--
                    ``(I) concurred with (either with or without 
                conditions) the Secretary; or
                    ``(II) declined concurrence with the decision of 
                the Secretary; and
            ``(B) the Secretary of the Army has found that the disposal 
        is consistent with the guidelines developed pursuant to 
        paragraph (3).
    ``(3)(A) Not later than December 31, 1994, the Administrator shall, 
in consultation with the Secretary and the Director of the Fish and 
Wildlife Service, develop specific guidelines for the disposal of 
sediment material in the open waters of the Great Lakes. In developing 
the guidelines, the Administrator shall provide notice and opportunity 
for public comment. At a minimum, the guidelines shall ensure that the 
disposal will--
            ``(i) not degrade the aquatic environment, including the 
        chemical, physical, and biological characteristics of the 
        substrate, or endanger human health or welfare;
            ``(ii) be managed in a manner that is consistent with an 
        approved coastal zone management plan for the State or States 
        with an approved plan, bordering the lake in which the disposal 
        occurs; and
            ``(iii) be managed in a manner that protects--
                    ``(I) municipal and private water supply intake 
                zones;
                    ``(II) recognized commercial or recreational 
                fishing grounds and the spawning, nursery, food supply 
                or migration areas on which fish depend for their life 
                processes; and
                    ``(III) against persistent resuspension or the 
                spread of material to areas outside the disposal area;
            ``(iv) allow for the protection and propagation of a 
        balanced, indigenous population of fish, shellfish, and 
        wildlife in the area; and
            ``(v) not cause a violation of any water quality standard 
        adopted pursuant to the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq).
    ``(B) The guidelines developed under this paragraph shall take into 
consideration alternative reuse and disposal methods.
    ``(C) After providing notice and opportunity for public comment, 
the Administrator shall, as appropriate, revise the guidelines to 
incorporate any Federal guideline, criterion, or restriction related to 
sediment disposal in the Great Lakes that takes effect after the date 
of development of the initial guidelines.
    ``(4)(A) Any person found to be in violation of this subsection 
shall be subject to--
            ``(i) a civil penalty in an amount not to exceed the amount 
        provided under section 309(d) of the Federal Water Pollution 
        Control Act (33 U.S.C. 1319(d)), with respect to a civil 
        penalty assessed by a court; or
            ``(ii) an amount provided under section 309(g) of such Act 
        (33 U.S.C. 1319(g)) with respect to a civil penalty assessed by 
        the Administrator.
    ``(B) The assessment of a civil penalty under this paragraph shall 
be conducted in the same manner as is provided for the assessment of a 
civil penalty under section 309 of such Act (33 U.S.C. 1319).''.
    (d) Consideration of Area Needs.--Section 123(b) of the River and 
Harbor Act of 1970 (33 U.S.C. 1293a(b)) is amended--
            (1) by striking ``(b)'' and inserting ``(b) Consideration 
        of Area Needs.--(1)''; and
            (2) by adding at the end thereof the following new 
        paragraphs:
    ``(2) Beginning on April 1, 1993, the Secretary of the Army may not 
establish any confined spoil disposal facility in the waters of the 
Great Lakes unless--
            ``(A)(i) the Administrator has concurred in writing with 
        the decision of the Secretary to establish the facility, and 
        the concurrence is based on--
                    ``(I) a consideration of the environmental and 
                economic benefits of using a confined spoil disposal 
                facility to remove contaminated sediment from the 
                aquatic habitat; and
                    ``(II) a determination that the facility will not 
                affect the area surrounding the facility in a manner 
                that is inconsistent with the guidelines established 
                pursuant to paragraph (3); or
            ``(ii) a 45-day period beginning on the date on which the 
        Administrator receives from the Secretary all material 
        necessary to evaluate the proposed facility (or a 90-day period 
        in the case in which the Administrator has requested an 
        extension from the Secretary in writing) has expired, and the 
        Administrator has not--
                    ``(I) concurred with the decision of the Secretary; 
                or
                    ``(II) declined concurrence with the decision of 
                the Secretary; and
            ``(B) the Secretary has--
                    ``(I) provided an opportunity for public review and 
                comment; and
                    ``(II) determined that the facility will not affect 
                the area surrounding the facility in a manner that is 
                inconsistent with the guidelines established pursuant 
                to paragraph (3).
    ``(3)(A) Not later than December 31, 1994, the Administrator shall, 
with respect to each confined spoil disposal facility located in the 
waters of the Great Lakes--
            ``(i) evaluate the present and projected integrity of the 
        facility; and
            ``(ii) assess the environmental consequences of the 
        facility.
    ``(B) Not later than December 31, 1994, the Administrator, in 
consultation with the Secretary of the Army, shall identify any 
confined spoil disposal facility located in the waters of the Great 
Lakes that is affecting, or projected to affect, the area surrounding 
the facility in a manner that is inconsistent with the guidelines 
established pursuant to paragraph (3).
    ``(4 ) Not later than December 31, 1994, the Administrator in 
conjunction with the Secretary of the Army and Director of the United 
States Fish and Wildlife Service, shall develop and implement a 
management plan for each confined spoil disposal facility located in 
the waters of the Great Lakes. In developing a plan, the Administrator 
shall provide opportunity for public comment. Each plan shall include 
the following:
            ``(A) A baseline assessment of conditions at the site.
            ``(B) A program for monitoring the site.
            ``(C) Any special management conditions or practices that 
        are necessary for protection of human health, wildlife, and the 
        environment.
            ``(D) A consideration of the quantity of the material to be 
        disposed of at the site, and the presence, nature and 
        bioavailability of contaminants in the material.
            ``(E) A consideration of the anticipated use of the site 
        over the long term including the anticipated closure date for 
        the site, if applicable, and any need for management of the 
        site after its closure.
            ``(F) Any restrictions on public access to confined spoil 
        disposal facilities that are necessary for environmental, 
        safety, and health reasons.
            ``(G) A schedule for review and revision of the plan, which 
        shall be reviewed and revised not later than 10 years after the 
        date of adoption, and every 10 years thereafter.
    ``(5)(A)(i) Not later than December 31, 1996, the Secretary of the 
Army shall, in consultation with the Director of the United States Fish 
and Wildlife Service and the host State and local sponsors--
            ``(I) develop a confined spoil disposal facility 
        remediation plan for each confined spoil disposal facility 
        identified in paragraph (3)(B); and
            ``(II) submit each remediation plan referred to in 
        subclause (I) to the Administrator.
    ``(ii) The remediation plan referred to in clause (i)(I) shall 
include a schedule of engineered improvements, closure, or restrictions 
of the facility or other measures to ensure that the facility will not 
affect the surrounding area in a manner that is inconsistent with the 
guidelines developed pursuant to paragraph (3).
    ``(B) Any confined spoil disposal facility remediation plan that 
recommends restriction or closure of the confined spoil disposal 
facility shall--
            ``(i) identify appropriate alternative disposal options, 
        including the estimated costs of the alternatives; and
            ``(ii) include a schedule for initiating the alternatives, 
        if applicable.
    ``(C) The Administrator, in consultation with the Director of the 
United States Fish and Wildlife Service and the host State and local 
sponsors, shall not later than 90 days after receipt of a confined 
spoil disposal facility remediation plan, make a determination whether 
to approve the plan.
    ``(6)(A) The Secretary of the Army is authorized to design, 
engineer, and construct components of any confined spoil disposal 
facility remediation plan in a manner consistent with this section.
    ``(B) If, by January 1, 1999, a confined spoil disposal facility 
remediation plan has not been undertaken for a confined spoil disposal 
facility identified under paragraph (3)(B), the Administrator shall 
terminate the continued use of the confined spoil disposal facility.
    ``(7) On and after the date of enactment of this paragraph, the 
Secretary of the Army shall continue dredging and disposal operations 
in the Great Lakes basin to maintain current navigational channels in a 
manner that is consistent with this section.
    ``(8) Nothing in this section is intended to prohibit the 
Administrator from considering other relevant environmental laws 
(including regulations), or such other criteria as the Administrator 
determines to be appropriate, in making concurrence decisions based on 
the guidelines developed pursuant to paragraph (3).''.
    (e) General Amendments.--Section 123 of the River and Harbor Act of 
1970 (33 U.S.C. 1293a) is amended--
            (1) in subsection (c), by striking ``(c)'' and inserting 
        ``(c) Written Agreement.--'';
            (2) in subsection (d), by striking ``(d)'' and inserting 
        ``(d) Waiver of Construction Costs.--'';
            (3) in subsection (e), by striking ``(e)'' and inserting 
        ``(e) Federal Payment of Costs.--'';
            (4) in subsection (f), by striking ``(f)'' and inserting 
        ``(f) Property Interests.--'';
            (5) in subsection (g), by striking ``(g)'' and inserting 
        ``(g) Federal Licenses or Permits.--'';
            (6) in subsections (c) and (f), by inserting ``and the 
        Administrator'' after ``Secretary of the Army'' each place it 
        appears;
            (7) by redesignating subsections (h) through (k) as 
        subsections (i) through (l), respectively;
            (8) in subsection (i), as redesignated by paragraph (7)--
                    (A) by striking ``(i)'' the first place it appears 
                and inserting ``(i) Provisions Applicable to Great 
                Lakes.--''; and
                    (B) striking ``other than subsection (i)'' and 
                inserting ``other than subsection (j)'';
            (9) in subsection (j), as redesignated by paragraph (7), by 
        striking ``(j)'' and inserting ``(j) Research, Study and 
        Experimentation Program.--'';
            (10) in subsection (k), as redesignated by paragraph (7), 
        by striking ``The Secretary'' and inserting ``Except as 
        provided in subsection (b)(6)(B), the Secretary'';
            (11) by inserting after subsection (g) the following new 
        subsection:
    ``(h) Permit Requirements.--(1) Beginning on December 31, 1994, any 
person who disposes of dredge spoil at a confined spoil disposal 
facility shall obtain from the Secretary of the Army, with the 
concurrence of the Administrator, a permit that specifies conditions 
for the disposal. The permit shall be in the form, and under the 
conditions, described in subsection (a)(2).
    ``(2) A permit issued pursuant to this subsection shall specify 
such conditions as are necessary to ensure that disposal at the 
confined spoil disposal facility will be consistent with the management 
plan for the confined spoil disposal facility that is the subject of 
the permit.
    ``(3) A permit issued pursuant to this subsection shall be issued 
for the term of the disposal activity specified pursuant to paragraph 
(1), except that no permit shall be issued for a period of more than 7 
years.
    ``(4) A permit issued pursuant to this subsection shall include 
such conditions concerning monitoring and assessment as are necessary 
to determine compliance with the permit.''; and
            (12) by adding at the end of the section the following new 
        subsections:
    ``(m) Great Lakes Tributary Sediment Transport Models.--(1) For 
each major river system or set of major river systems that flows into a 
Great Lakes federally authorized commercial harbor, channel maintenance 
project site, or area of concern, the Secretary of the Army, in 
cooperation and coordination with the Administrator, and in 
consultation and coordination with the Great Lakes States, the heads of 
the Soil Conservation Service of the Department of Agriculture, the 
Geological Survey and the United States Fish and Wildlife Service of 
the Department of the Interior, shall develop a tributary sediment 
transport model.
    ``(2) Each model referred to in paragraph (1) shall--
            ``(A) measure stream discharge rates, total suspended 
        solids loadings, and bedload transport;
            ``(B) measure additional parameters, such as nitrates, 
        phosphates, persistent toxic substances, and heavy metals, on a 
        river-by-river basis in accordance with any agreement between 
        the Secretary of the Army, the Administrator, the host State 
        and any other relevant non-Federal entity;
            ``(C) estimate the percentage of total sediment loadings 
        into the harbors, channels and areas of concern originating 
        from each subwatershed of river system; and
            ``(D) characterize the physical nature of the sediment 
        materials.
    ``(3) In developing a tributary sediment transport model under this 
subsection, the Secretary of the Army shall--
            ``(A) coordinate tributary sediment transport modeling 
        efforts with the efforts of the Administrator to produce 
        comprehensive Lakewide Management Plans, Remedial Action Plans, 
        and mass balance models;
            ``(B) build upon data and monitoring infrastructure 
        generated in earlier studies and programs; and
            ``(C) complete models for an additional 30 river systems 
        within the 5-year period beginning on the date of enactment of 
        this subsection.
    ``(n) Sediment Load Reduction.--(1)(A) Not later than 18 months 
after the date of enactment of this subsection, the Secretary of the 
Army, with the concurrence of the Administrator, and in consultation 
and coordination with the Great Lakes States, the heads of the Soil 
Conservation Service of the Department of Agriculture, the United 
States Geologic Survey of the Department of the Interior, and the heads 
of such other Federal agencies as the Administrator determines to be 
appropriate, shall--
            ``(i) develop an analytical method to project the 
        effectiveness and efficiency of sediment source reduction 
        approaches and scenarios in reducing upstream sediment loadings 
        into specific Great Lakes federally authorized commercial 
        harbors, channel maintenance project sites, and areas of 
        concern of the Great Lakes;
            ``(ii) for each model developed under subsection (m), use 
        the method described in clause (i) to conduct sediment load 
        reduction analyses to estimate the potential effectiveness and 
        efficiency of upstream sediment source reduction approaches and 
        scenarios to reduce sedimentation in Great Lakes federally 
        authorized commercial harbors, channel maintenance sites, and 
        areas of concern of the Great Lakes; and
            ``(iii) provide sediment load reduction analysis 
        information to the Administrator appropriate States upon 
        request regarding river systems within their jurisdictions.
    ``(B) In developing and using the analytical method described in 
subparagraph (A)(i), the Secretary of the Army shall consider only 
those sediment reduction approaches and scenarios that are consistent 
with--
            ``(i) the guidance issued pursuant to section 6217(g) of 
        the Omnibus Budget Reconciliation Act of 1990 (16 U.S.C. 
        1455b(g)) where applicable;
            ``(ii) relevant State nonpoint source pollution control 
        programs that have been approved in a manner consistent with 
        section 319 of the Federal Water Pollution Control Act (33 
        U.S.C. 1329); and
            ``(iii) recommendations of any relevant Remedial Action 
        Plans and programs and measures contained in Annex 3 of the 
        Great Lakes Water Quality Agreement and the supplement to the 
        Annex.
    ``(2)(A) The Secretary of the Army shall in cooperation with the 
Administrator, and within three months of the date of appropriation 
transfer funds appropriated pursuant to subsection (o)(1) of this Act 
to the Environmental Protection Agency for the purpose of making grants 
to States pursuant to section 319 of the Federal Water Pollution 
Control Act (33 U.S.C. 1329) for specific projects to reduce the 
erosion that contributes to the sedimentation of federally authorized 
commercial harbors, channel maintenance project sites, and areas of 
concern.
    ``(B) A State or a group of States, on the initiative of the State 
or group of States or at the request of a remedial action planning 
committee, local government, port authority, or any other governmental, 
public, or private entity, may submit a proposal for funding for a 
project pursuant to this paragraph.
    ``(C) A grant from funds made available pursuant to this paragraph 
shall be--
            ``(i) awarded only for a project conducted by a State (or a 
        group of States) that is incorporated in the nonpoint source 
        pollution control program of the State (or, with respect to a 
        project conducted by each recipient State (under applicable 
        provisions of section 319 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1329)));
            ``(ii) in conformity with the guidance issued pursuant to 
        section 6217(g) of the Omnibus Budget Reconciliation Act of 
        1990 (16 U.S.C. 1455b(g));
            ``(iii) consistent with the recommendations of any relevant 
        Remedial Action Plans and Lakewide Management Plans;
            ``(iv) administered by agencies designated in the nonpoint 
        source management program of the State;
            ``(v) improve water quality; and
            ``(vi) have the potential to reduce projected dredging 
        costs, including environmental dredging, in an amount 
        comparable to the cost of the erosion control project, within 
        the lifetime of the dredging project.
    ``(3) To carry out a project under this subsection, a State may 
award grants from funds made available under this subsection for the 
implementation of an erosion control measure. The amount of each grant 
under this paragraph may not exceed 75 percent of the cost erosion 
control measure.
    ``(4)(A) Each grant under this section shall be in such amount and 
subject to such conditions as the Secretary of the Army, with the 
concurrence of the Administrator, shall determine.
    ``(B) The Federal share of a grant made under this subsection shall 
be an amount equal to 75 percent of the cost of the project funded by 
the grant.
    ``(C) The State share of a grant made under this subsection shall 
be provided from non-Federal sources.
    ``(o) Authorizations.--(1) There are authorized to be appropriated, 
to the Department of the Army, to carry out subsections (m) and (n), 
$15,000,000 for each of fiscal years 1994 through 1999. Not less than 
50 percent of the amounts authorized in this paragraph shall be 
reserved for the implementation of subsection (n)(2).
    ``(2) In addition to the amounts authorized to be appropriated 
under paragraph (1), there are authorized to be appropriated to the 
Department of the Army and the Environmental Protection Agency such 
sums as may be necessary to carry out the provisions of this section 
relating to the management and remediation of confined spoil disposal 
facilities and the issuance of permits for the facilities.
    ``(p) Definitions.--As used in this section:
            ``(1) The term `Administrator' means the Administrator of 
        the Environmental Protection Agency.
            ``(2) The term `area of concern' has the meaning given the 
        term under section 118(a)(3)(F) of the Federal Water Pollution 
        Control Act (33 U.S.C. 1268(a)(3)(F)).
            ``(3) The term `Great Lakes States' has the meaning given 
        the term under section 118(a)(3)(G) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1268(a)(3)(G)).
            ``(4) The term `Great Lakes Water Quality Agreement' has 
        the meaning given the term under section 118(a)(3)(H) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1268(a)(3)(H)).
            ``(5) The term `Lakewide Management Plan' has the meaning 
        given the term under section 118(a)(3)(I) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1268(a)(3)(I)).
            ``(6) The term `Remedial Action Plan' has the meaning given 
        the term under section 118(a)(3)(J) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1268(a)(3)(J)).
            ``(7) The term `remedial action planning committee' means a 
        committee that is involved in the development of a Remedial 
        Action Plan.''.

                                 <all>

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