[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6460 Enrolled Bill (ENR)]
H.R.6460
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To amend the Federal Water Pollution Control Act to provide for the
remediation of sediment contamination in areas of concern, 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 Reauthorization
Act of 2008''.
SEC. 2. DEFINITIONS.
Section 118(a)(3) of the Federal Water Pollution Control Act (33
U.S.C. 1268(a)(3)) is amended--
(1) in subparagraph (I) by striking ``and'' at the end;
(2) in subparagraph (J) by striking the period and inserting a
semicolon; and
(3) by adding at the end the following:
``(K) `site characterization' means a process for
monitoring and evaluating the nature and extent of sediment
contamination in accordance with the Environmental Protection
Agency's guidance for the assessment of contaminated sediment
in an area of concern located wholly or partially within the
United States; and
``(L) `potentially responsible party' means an individual
or entity that may be liable under any Federal or State
authority that is being used or may be used to facilitate the
cleanup and protection of the Great Lakes.''.
SEC. 3. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF CONCERN.
(a) Eligible Projects.--Section 118(c)(12)(B)(ii) of the Federal
Water Pollution Control Act (33 U.S.C. 1268(c)(12)(B)(ii)) is amended
by striking ``sediment'' and inserting ``sediment, including activities
to restore aquatic habitat that are carried out in conjunction with a
project for the remediation of contaminated sediment''.
(b) Limitations.--Section 118(c)(12)(D) of such Act (33 U.S.C.
1268(c)(12)(D)) is amended--
(1) in the subparagraph heading by striking ``Limitation'' and
inserting ``Limitations'';
(2) in clause (i) by striking ``or'' at the end;
(3) in clause (ii) by striking the period and inserting a
semicolon; and
(4) by adding at the end the following:
``(iii) unless each non-Federal sponsor for the project
has entered into a written project agreement with the
Administrator under which the party agrees to carry out its
responsibilities and requirements for the project; or
``(iv) unless the Administrator provides assurance that
the Agency has conducted a reasonable inquiry to identify
potentially responsible parties connected with the site.''.
(c) In-Kind Contributions.--Section 118(c)(12)(E)(ii) of such Act
(33 U.S.C. 1268(c)(12)(E)(ii)) is amended to read as follows:
``(ii) In-kind contributions.--
``(I) In general.--The non-Federal share of the
cost of a project carried out under this paragraph may
include the value of an in-kind contribution provided
by a non-Federal sponsor.
``(II) Credit.--A project agreement described in
subparagraph (D)(iii) may provide, with respect to a
project, that the Administrator shall credit toward the
non-Federal share of the cost of the project the value
of an in-kind contribution made by the non-Federal
sponsor, if the Administrator determines that the
material or service provided as the in-kind
contribution is integral to the project.
``(III) Work performed before project agreement.--
In any case in which a non-Federal sponsor is to
receive credit under subclause (II) for the cost of
work carried out by the non-Federal sponsor and such
work has not been carried out by the non-Federal
sponsor as of the date of enactment of this subclause,
the Administrator and the non-Federal sponsor shall
enter into an agreement under which the non-Federal
sponsor shall carry out such work, and only work
carried out following the execution of the agreement
shall be eligible for credit.
``(IV) Limitation.--Credit authorized under this
clause for a project carried out under this paragraph--
``(aa) shall not exceed the non-Federal share
of the cost of the project; and
``(bb) shall not exceed the actual and
reasonable costs of the materials and services
provided by the non-Federal sponsor, as determined
by the Administrator.
``(V) Inclusion of certain contributions.--In this
subparagraph, the term `in-kind contribution' may
include the costs of planning (including data
collection), design, construction, and materials that
are provided by the non-Federal sponsor for
implementation of a project under this paragraph.''.
(d) Non-Federal Share.--Section 118(c)(12)(E) of such Act (33
U.S.C. 1268(c)(12)(E)) is amended--
(1) by redesignating clauses (iii) and (iv) as clauses (iv) and
(v), respectively;
(2) by inserting after clause (ii) the following:
``(iii) Treatment of credit between projects.--Any
credit provided under this subparagraph towards the non-
Federal share of the cost of a project carried out under
this paragraph may be applied towards the non-Federal share
of the cost of any other project carried out under this
paragraph by the same non-Federal sponsor for a site within
the same area of concern.''; and
(3) in clause (iv) (as redesignated by paragraph (1) of this
subsection) by striking ``service'' each place it appears and
inserting ``contribution''.
(e) Site Characterization.--Section 118(c)(12)(F) of such Act (33
U.S.C. 1268(c)(12)(F)) is amended to read as follows:
``(F) Site characterization.--
``(i) In general.--The Administrator, in consultation
with any affected State or unit of local government, shall
carry out at Federal expense the site characterization of a
project under this paragraph for the remediation of
contaminated sediment.
``(ii) Limitation.--For purposes of clause (i), the
Administrator may carry out one site assessment per
discrete site within a project at Federal expense.''.
(f) Authorization of Appropriations.--Section 118(c)(12)(H) of such
Act (33 U.S.C. 1268(c)(12)(H)) is amended--
(1) by striking clause (i) and inserting the following:
``(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 2010.''; and
(2) by adding at the end the following:
``(iii) Allocation of funds.--Not more than 20 percent
of the funds appropriated pursuant to clause (i) for a
fiscal year may be used to carry out subparagraph (F).''.
(g) Public Information Program.--Section 118(c)(13)(B) of such Act
(33 U.S.C. 1268(c)(13)(B)) is amended by striking ``2008'' and
inserting ``2010''.
SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM.
Section 106(b) of the Great Lakes Legacy Act of 2002 (33 U.S.C.
1271a(b)) is amended by striking paragraph (1) and inserting the
following:
``(1) In general.--In addition to any amounts authorized under
other provisions of law, there is authorized to be appropriated to
carry out this section $3,000,000 for each of fiscal years 2004
through 2010.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.