[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.