[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1070 Enrolled Bill (ENR)]

        H.R.1070

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two


                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 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 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''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.