[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6460 Received in Senate (RDS)]
2d Session
H. R. 6460
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 22 (legislative day, September 17), 2008
Received
_______________________________________________________________________
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--
``(I) $50,000,000 for each of
fiscal years 2004 through 2008; and
``(II) $150,000,000 for each of
fiscal years 2009 through 2013.''; 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)(II) 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 ``2013''.
SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM.
Section 106(b)(1) of the Great Lakes Legacy Act of 2002 (33 U.S.C.
1271a(b)(1)) is amended to read as follows:
``(1) In general.--In addition to amounts authorized under
other laws, there is authorized to be appropriated to carry out
this section--
``(A) $3,000,000 for each of fiscal years 2004
through 2008; and
``(B) $5,000,000 for each of fiscal years 2009
through 2013.''.
Passed the House of Representatives September 18, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.