[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1070 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1070

   To amend the Federal Water Pollution Control Act to authorize the 
Administrator of the Environmental Protection Agency to make grants for 
   remediation of sediment contamination in areas of concern and to 
    authorize assistance for research and development of innovative 
                    technologies for such purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2001

   Mr. Ehlers (for himself, Mr. Kirk, and Mr. Barcia) introduced the 
 following bill; which was referred to the Committee on Transportation 
and Infrastructure, and in addition to the Committee on Science, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Water Pollution Control Act to authorize the 
Administrator of the Environmental Protection Agency to make grants for 
   remediation of sediment contamination in areas of concern and to 
    authorize assistance for research and development of innovative 
                    technologies for such 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 Act of 2001''.

SEC. 2. GRANTS FOR THE REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS 
              OF CONCERN.

    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) Grants for remediation of sediment contamination in 
        areas of concern.--
                    ``(A) In general.--In accordance with this 
                paragraph, the Administrator, acting through the Great 
                Lakes National Program Office described in subsection 
                (b) and in coordination with the Office of Research and 
                Development, may make grants to States, Indian tribes 
                (as defined in section 518(h)), regional agencies, and 
                local governments to carry out qualified projects.
                    ``(B) Qualified project.--In this paragraph, a 
                qualified project is a project to be carried out in an 
                area of concern located wholly or in part in the United 
                States, that--
                            ``(i) monitors or evaluates contaminated 
                        sediment;
                            ``(ii) remediates contaminated sediment; or
                            ``(iii) prevents further or renewed 
                        contamination of sediment.
                    ``(C) Priority.--In selecting applicants to receive 
                grants under this paragraph, the Administrator shall 
                give priority to an applicant proposing to carry out a 
                qualified project that--
                            ``(i) constitutes remedial action for 
                        contaminated sediment;
                            ``(ii) has been identified in a remedial 
                        action plan submitted pursuant to paragraph 
                        (3), and is ready to be implemented; or
                            ``(iii) will use an innovative approach, 
                        technology, or technique for remediation.
                    ``(D) Limitations.--The Administrator may not make 
                a grant under this paragraph to carry out any of the 
                following types of projects:
                            ``(i) A project located in an area of 
                        concern that the Administrator determines is 
                        likely to suffer significant further or renewed 
                        contamination from existing sources of 
                        pollutants causing sediment contamination.
                            ``(ii) A project for which there has been 
                        no evaluation of the short-term and long-term 
                        effects on human health and the environment of 
                        implementing alternative remedial actions 
                        (including actions that involve active 
                        remediation of sediments and actions that do 
                        not involve active remediation of sediments) in 
                        relation to the reduction of risks to human 
                        health and the environment achieved by such 
                        remedial actions.
                            ``(iii) A project that, after having been 
                        subject to an evaluation described in clause 
                        (ii), the Administrator determines is likely to 
                        have greater adverse effects on human health 
                        and the environment than alternative remedial 
                        actions.
                    ``(E) Non-federal matching requirement.--
                            ``(i) In general.--The non-Federal share of 
                        the cost of any project assisted under this 
                        paragraph shall be not less than 35 percent.
                            ``(ii) In-kind contributions.--The non-
                        Federal share of the cost of a project assisted 
                        under this paragraph may include the value of 
                        in-kind services contributed by a non-Federal 
                        source, including any in-kind service performed 
                        under a consent decree or administrative order, 
                        but not including any in-kind services 
                        performed under an enforcement order or 
                        judgment.
                            ``(iii) Operation and maintenance.--The 
                        non-Federal share of the cost of the operation 
                        and maintenance of any project assisted under 
                        this paragraph shall be 100 percent.
                    ``(F) Maintenance of effort.--No grant may be made 
                under this paragraph in any fiscal year to carry out a 
                project unless the grantee enters into such agreements 
                with the Administrator as the Administrator may require 
                to ensure that the grantee 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 its 2 fiscal years preceding the date 
                on which the grant is made.
                    ``(G) Coordination.--In making grants under this 
                paragraph, the Administrator shall coordinate with the 
                Secretary of the Army, and with the Governors of States 
                in which projects assisted under this paragraph are 
                located, to ensure that Federal and State assistance 
                for remediation in areas of concern is used as 
                efficiently as possible.
                    ``(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 
                        2002 through 2006.
                            ``(ii) Availability.--Funds appropriated 
                        under clause (i) shall remain available until 
                        expended.''.

SEC. 3. RESEARCH AND DEVELOPMENT PROGRAM.

    (a) In General.--In coordination with other Federal and local 
officials, the Administrator is authorized to conduct research on the 
development and use of innovative approaches, technologies, and 
techniques for the remediation of sediment contamination in areas of 
concern in the Great Lakes.
    (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 $2,000,000 for each of fiscal years 2002 through 
        2006.
            (2) Availability.--Funds appropriated under paragraph (1) 
        shall remain available until expended.
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