[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1070 Referred in Senate (RFS)]

  2d Session
                                H. R. 1070


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 5, 2002

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 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.

    This Act may be cited as the ``Great Lakes Legacy Act of 2002''.

SEC. 2. 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 Great 
                Lakes National Program Office and in coordination with 
                the Office of Research and Development, may 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) 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) 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 that may provide 
                        greater environmental benefits or equivalent 
                        environmental benefits at a reduced cost.
                    ``(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 matching requirement.--
                            ``(i) In general.--The non-Federal share of 
                        the cost of a project carried out under this 
                        paragraph shall be not less than 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, including any in-kind service 
                        performed under an administrative order on 
                        consent or judicial consent decree, but not 
                        including any in-kind services performed under 
                        a unilateral administrative order or court 
                        order.
                            ``(iii) 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 its 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 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 
                        2003 through 2007.
                            ``(ii) Availability.--Funds appropriated 
                        under clause (i) shall remain available until 
                        expended.''.

SEC. 3. RELATIONSHIP TO FEDERAL AND STATE AUTHORITIES.

    Section 118(g) of the Federal Water Pollution Control Act (33 
U.S.C. 1268) 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'';
            (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.''; and
            (4) by aligning the remainder of the text of paragraph (1) 
        (as designated by paragraph (1) of this section) with paragraph 
        (2) (as added by paragraph (3) of this section).

SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM.

    (a) In General.--In coordination with other Federal and local 
officials, the Administrator of the Environmental Protection Agency 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 2003 through 
        2007.
            (2) Availability.--Funds appropriated under paragraph (1) 
        shall remain available until expended.

            Passed the House of Representatives September 4, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

                            By Martha C. Morrison,

                                                          Deputy Clerk.