[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1070 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      October 17, 2002.
    Resolved, That the bill from the House of Representatives (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 contamination 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''.
    (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 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 
                of enactment of this subparagraph, the Administrator 
                shall submit to Congress a report on such actions, time 
                periods, 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 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 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 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 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 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 maintenance.--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 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 
                remediation 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--
            (1) by striking ``construed to affect'' and inserting the 
        following: ``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--
            ``(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 Protection 
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'';
            (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
                    ``(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 
                Champlain 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 Government, 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) No Effect on Certain Authority.--Nothing in this section--
            ``(1) affects the jurisdiction or powers of--
                    ``(A) any department or agency of the Federal 
                Government 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;
            ``(2) provides new regulatory authority for the 
        Environmental 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 established by the rule entitled 
``National Pollutant Discharge Elimination 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.

    (a) In General.--Section 3003(a)(1) of the Federal Reports 
Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note; Public 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 
        Control 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 requirements 
        for executive agencies.--Section 313(a) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1323(a)).
            (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 standards.--Section 
        508(e) of the Federal Water Pollution Control Act (33 U.S.C. 
        1368(e)).
            (10) National requirements and costs of water pollution 
        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 
        of the Federal Reports Elimination Act of 1998 (Public Law 105-
        362; 112 Stat. 3283) is amended by striking subsections (a), 
        (b), (c), and (d).
            (2) Applicability.--The Federal Water Pollution Control Act 
        (33 U.S.C. 1254(n)(3)) shall be applied and administered on and 
        after the date of enactment of this Act as if the amendments 
        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.

    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 contamination 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.
            (2) Demonstrated ability to facilitate public-private 
        partnerships and regional cooperation.
            (3) Capability to provide leadership in making both 
        national and regional contributions to addressing the problem 
        of underutilized or abandoned properties.
            (4) Demonstrated ability to work with Federal departments 
        and agencies to facilitate reuse by the private sector of 
        properties 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 redevelopment 
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 
        underutilized 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 following: ``Louisiana 
Highway 1026''.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                               H. R. 1070

_______________________________________________________________________

                               AMENDMENT