Remediation of sediment contamination in areas of concern

Section 118(c)(12) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(12)) is amended— (1)in subparagraph (B)— (A)by redesignating clauses (i), (ii), and (iii) as clauses (v), (i), and (ii), respectively, and moving the clauses so as to appear in numerical order; (B)in clause (i) (as redesignated by subparagraph (A)), by striking or at the end; and (C)by inserting after clause (ii) (as redesignated by subparagraph (A)) the following:

(iii)is a demonstration or pilot project that uses innovative approaches, technologies, or techniques for the remediation of sediment contamination; (iv)restores aquatic habitat after remediation; or

;

(2)by striking subparagraph (C) and inserting the following:

(C)

Priority

(i)

In general

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)(aa)has been identified in a remedial action plan submitted under paragraph (3); and (bb)is ready to be implemented; (III)will use an innovative approach, technology, or technique that may provide greater environmental benefits, or equivalent environmental benefits at a reduced cost; or (IV)includes remediation to be commenced not later than 1 year after the date of receipt of funds for the project. (ii)

Environmental significance

Notwithstanding any regulation promulgated or guidance issued to implement this section, the Administrator may provide additional consideration to a project that is— (I)funded by a potentially responsible party; and (II)determined to be of greater environmental significance than a competing proposal.

;

(3)in subparagraph (E)— (A)in clause (iii)— (i)in subclause (I)— (I)by inserting (including any in-kind services or funds provided in implementing the administrative order on consent or judicial consent decree) after judicial consent decree; and (II)by striking but at the end; (ii)by redesignating subclause (II) as subclause (III); and (iii)by inserting after subclause (I) the following:

(II)may include funds paid, or the value of any in-kind service performed, by a potentially responsible party, subject to the condition that the eligibility of the potentially responsible party to contribute to the non-Federal share is evaluated on the merits on a site-specific basis, in the context of added value, such as at sites at which an orphan share exists or the remedy will be enhanced (such as where the qualitative or quantitative scope of the remediation is improved, innovative methods are employed, or the remediation will be accelerated); but

; and

(B)by adding at the end the following:

(v)

Payment and retention of non-Federal share

The non-Federal sponsor for a project under this paragraph may pay to the Administrator, for retention and use by the Administrator in carrying out the project, the non-Federal share of the cost of the project.

;

(4)by striking subparagraph (F); (5)by redesignating subparagraph (G) as subparagraph (F); (6)by redesignating subparagraph (H) as subparagraph (I); (7)by inserting after subparagraph (F) (as redesignated by paragraph (5)) the following:

(G)

Advance payment and reimbursement costs

The Administrator, acting through the Program Office, may enter into an agreement with a non-Federal sponsor to carry out a project under this paragraph under which the non-Federal sponsor may, as appropriate— (i)pay in advance the non-Federal share of the cost of the project; and (ii)receive from the Administrator reimbursement for amounts (other than the non-Federal share) expended by the non-Federal sponsor for the project. (H)

Definition of potentially responsible party

In this paragraph, the term potentially responsible party means an individual or entity that may be liable under any Federal or State environmental remediation law (including regulations) with respect to a project carried out under this paragraph.

; and

(8)in subparagraph (I) (as redesignated by paragraph (6)), by striking $50,000,000 for each of fiscal years 2004 through 2008 and inserting $150,000,000 for each of fiscal years 2009 through 2013.

Public information program

Section 118(c)(13) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(13)) is amended— (1)in the paragraph heading, by inserting

and participation

after

information

; (2)by striking subparagraph (A) and inserting the following:

(A)

In general

The Administrator, acting through the Program Office and in coordination with States, Indian tribes, local governments, and other entities, shall carry out a public information and participation program, including by providing grants to States, Indian tribes, corporations, nongovernmental organizations, and other appropriate entities, for the provision to the public of information and outreach activities relating to the remediation of contaminated sediment in areas of concern that are located wholly or partially in the United States.

; and

(3)in subparagraph (B), by striking 2004 through 2008 and inserting 2009 through 2013.