[Congressional Record Volume 148, Number 137 (Thursday, October 17, 2002)]
[Senate]
[Pages S10739-S10742]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     GREAT LAKES LEGACY ACT OF 2001

  Mr. REID. I ask unanimous consent that the Senate proceed to the 
consideration of calendar 704, H.R. 1070.

  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:


[[Page S10740]]


       A bill (H.R. 1070) to amend the Federal Water Pollution 
     Control Act to make grants for remediation of sediment 
     contamination in areas of concern and to authorize assistance 
     for research and development of innovative technologies for 
     such purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Environment and Public 
Works with an amendment, as follows:
  (The part of the bill intended to be stricken is shown in black 
brackets and the part of the bill intended to be inserted is shown in 
italic.)

                               H.R. 1070

       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.]

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Great 
     Lakes and Lake Champlain Program Act of 2002''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                          TITLE I--GREAT LAKES

Sec. 101. Short title.
Sec. 102. Report on remedial action plans.
Sec. 103. Remediation of sediment contamination in areas of concern in 
              the Great Lakes.
Sec. 104. Relationship to existing Federal and State laws and 
              international agreements.
Sec. 105. Authorization of appropriations.

                        TITLE II--LAKE CHAMPLAIN

Sec. 201. Short title.
Sec. 202. Lake Champlain basin program.
Sec. 203. Lake Champlain watershed, Vermont and New York.

                        TITLE III--MISCELLANEOUS

Sec. 301. Phase II storm water program.

                          TITLE I--GREAT LAKES

     SEC. 101. SHORT TITLE.

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

     SEC. 102. REPORT ON REMEDIAL ACTION PLANS.

       Section 118(c)(3) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1268(c)(3)) is amended by adding at the end 
     the following:
       ``(E) Report.--Not later than 1 year after the date of 
     enactment of this subparagraph, the Administrator shall 
     submit to Congress a report on such actions, time periods, 
     and resources as are necessary to fulfill the duties of the 
     Agency relating to oversight of Remedial Action Plans under--
       ``(i) this paragraph; and
       ``(ii) the Great Lakes Water Quality Agreement.''.

     SEC. 103. 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) Definition of qualified project.--In this paragraph, 
     the term `qualified project' means a project, to be carried 
     out in an area of concern located wholly or in part in the 
     United States, to--
       ``(i) monitor or evaluate contaminated sediment, including 
     conducting a site characterization;
       ``(ii) remediate contaminated sediment (including disposal 
     of the contaminated sediment); or
       ``(iii) prevent further or renewed contamination of 
     sediment.
       ``(B) Projects.--The Administrator, acting through the 
     Program Office and in coordination with the Office of 
     Research and Development of the Agency, may carry out 
     qualified projects under this paragraph.
       ``(C) Priority.--In carrying out this paragraph, the 
     Administrator shall give priority to a qualified project 
     that--
       ``(i) consists of remedial action for contaminated 
     sediment;
       ``(ii) has been identified in a Remedial Action Plan that 
     is--

       ``(I) submitted under paragraph (3); and
       ``(II) ready to be implemented;

       ``(iii) will use an innovative approach, technology, or 
     technique for remediation; or
       ``(iv) includes remediation to be commenced not later than 
     1 year after the receipt of funds for the project.
       ``(D) Limitations.--The Administrator may not carry out a 
     qualified project described in clause (ii) or (iii) of 
     subparagraph (A)--
       ``(i) that is located in an area of concern that the 
     Administrator determines is likely to suffer significant 
     further or renewed sediment contamination from sources of 
     pollutants after the completion of the qualified project; or
       ``(ii) at a site that has not had a thorough site 
     characterization.
       ``(E) Non-federal matching requirement.--
       ``(i) In general.--The non-Federal share of the cost of a 
     qualified 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 qualified project carried out under this paragraph 
     may include the value of in-kind services contributed by a 
     non-Federal sponsor.

[[Page S10741]]

       ``(iii) Operation and maintenance.--The non-Federal share 
     of the cost of the operation and maintenance of a qualified 
     project carried out under this paragraph shall be 100 
     percent.
       ``(F) Coordination.--In carrying out qualified projects 
     under this paragraph, the Administrator shall coordinate with 
     the Secretary of the Army, and with the Governors of States 
     in which qualified projects assisted under this paragraph are 
     located, to ensure that Federal and State assistance for 
     remediation in areas of concern is used as efficiently as 
     practicable.
       ``(G) Authorization of appropriations.--
       ``(i) In general.--In addition to other amounts authorized 
     to be appropriated under this section, there is authorized to 
     be appropriated to carry out this paragraph $50,000,000 for 
     each of fiscal years 2004 through 2008.
       ``(ii) Availability.--Funds appropriated under clause (i) 
     shall remain available until expended.
       ``(13) Research and development program.--
       ``(A) In general.--The Administrator, in coordination with 
     other Federal and local officials, shall 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.--
       ``(i) In general.--In addition to amounts authorized to be 
     appropriated under other law, there is authorized to be 
     appropriated to carry out this paragraph $2,000,000 for each 
     of fiscal years 2004 through 2008.
       ``(ii) Availability.--Funds appropriated under clause (i) 
     shall remain available until expended.
       ``(14) Public information program.--
       ``(A) In general.--The Administrator, acting through the 
     Program Office and in coordination with the Office of 
     Research and Development of the Agency, States, Indian 
     tribes, local governments, and other entities, may carry out 
     a public information program to provide--
       ``(i) information relating to the remediation of 
     contaminated sediment to the public in areas of concern that 
     are--

       ``(I) located wholly within the United States; or
       ``(II) shared with Canada; and

       ``(ii) local coordination and organization in those areas.
       ``(B) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this paragraph $5,000,000 for 
     each of fiscal years 2004 through 2008.''.

     SEC. 104. RELATIONSHIP TO EXISTING FEDERAL AND STATE LAWS AND 
                   INTERNATIONAL AGREEMENTS.

       Section 118(g) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1268(g)) is amended by inserting ``, including the 
     cleanup and protection of the Great Lakes'' after ``Lakes''.

     SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

       Section 118(h) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1268(h)) is amended by striking the first sentence 
     and inserting the following: ``There is authorized to be 
     appropriated to carry out this section $40,000,000 for each 
     of fiscal years 2004 through 2008.''.

                        TITLE II--LAKE CHAMPLAIN

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Daniel Patrick Moynihan 
     Lake Champlain Basin Program Act of 2002''.

     SEC. 202. LAKE CHAMPLAIN BASIN PROGRAM.

       Title I of the Federal Water Pollution Control Act is 
     amended by striking section 120 (33 U.S.C. 1270) and 
     inserting the following:

     ``SEC. 120. LAKE CHAMPLAIN BASIN PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Committee.--The term `Committee' means the steering 
     committee of the program comprised of representatives of 
     Federal, State, and local governments and other persons, as 
     specified in the Plan.
       ``(2) Lake champlain basin.--
       ``(A) In general.--The term `Lake Champlain basin' means 
     all water and land resources in the United States in the 
     drainage basin of Lake Champlain.
       ``(B) Inclusions.--The term `Lake Champlain basin' 
     includes--
       ``(i) Clinton, Essex, Franklin, Hamilton, Warren, and 
     Washington counties in the State of New York; and
       ``(ii) Addison, Bennington, Caledonia, Chittenden, 
     Franklin, Grand Isle, Lamoille, Orange, Orleans, Rutland, and 
     Washington counties in the State of Vermont.
       ``(3) Plan.--The term `Plan' means the plan entitled 
     `Opportunities for Action: An Evolving Plan for the Future of 
     the Lake Champlain Basin', approved by Lake Champlain 
     Steering Committee on January 30, 2002, that describes the 
     actions necessary to protect and enhance the environmental 
     integrity and the social and economic benefits of the Lake 
     Champlain basin.
       ``(4) Program.--The term `program' means the Lake Champlain 
     Basin Program established by subsection (b)(1).
       ``(b) Establishment.--
       ``(1) In general.--There is established a program to be 
     known as the `Lake Champlain Basin Program'.
       ``(2) Purposes.--The purposes of the program are--
       ``(A) to protect and enhance the environmental integrity 
     and social and economic benefits of the Lake Champlain basin; 
     and
       ``(B) to achieve the environmental goals described in the 
     Plan, including--
       ``(i) the reduction of phosphorous inputs to Lake Champlain 
     from point sources and nonpoint sources so as to--

       ``(I) promote a healthy and diverse ecosystem; and
       ``(II) provide for sustainable human use and enjoyment of 
     Lake Champlain;

       ``(ii) the reduction of toxic contamination, such as 
     contamination by mercury and polychlorinated biphenyls, to 
     protect public health and the ecosystem of the Lake Champlain 
     basin;
       ``(iii) the control of the introduction, spread, and 
     impacts of nonnative nuisance species to preserve the 
     integrity of the ecosystem of the Lake Champlain basin;
       ``(iv) the minimization of risks to humans from water-
     related health hazards in the Lake Champlain basin, including 
     through the protection of sources of drinking water in the 
     Lake Champlain basin;
       ``(v) the restoration and maintenance of a healthy and 
     diverse community of fish and wildlife in the Lake Champlain 
     basin;
       ``(vi) the protection and restoration of wetland, streams, 
     and riparian habitat in the Lake Champlain basin, including 
     functions and values provided by those areas;
       ``(vii) the management of Lake Champlain, including 
     shorelines and tributaries of Lake Champlain, to achieve--

       ``(I) the protection of natural and cultural resources of 
     Lake Champlain; and
       ``(II) the maintenance of recreational uses of Lake 
     Champlain;

       ``(viii) the protection of recreation and cultural heritage 
     resources of the Lake Champlain basin;
       ``(ix) the continuance of the Lake Champlain long-term 
     water quality and biological monitoring program; and
       ``(x) the promotion of healthy and diverse economic 
     activity and sustainable development principles in the Lake 
     Champlain basin.
       ``(c) Implementation.--The Committee, in consultation with 
     appropriate heads of Federal agencies, shall implement the 
     program.
       ``(d) Revision of Plan.--At least once every 5 years, the 
     Committee shall review and, as necessary, revise the Plan.
       ``(e) Grants.--
       ``(1) In general.--Subject to paragraph (2), the 
     Administrator may, in consultation with the Committee, make 
     grants, for the purpose of implementing the management 
     strategies contained in the Plan, to--
       ``(A) State, interstate, and regional water pollution 
     control agencies; and
       ``(B) public or nonprofit agencies, institutions, and 
     organizations.
       ``(2) Cost sharing.--The Federal share of the cost of any 
     activity carried out using funds from a grant provided under 
     this subsection shall not exceed 75 percent.
       ``(3) Additional requirements.--The Administrator may 
     establish such additional requirements for the administration 
     of grants provided under this subsection as the Administrator 
     determines to be appropriate.
       ``(f) Coordination of Federal Programs.--
       ``(1) Agriculture.--The Secretary of Agriculture shall 
     support the implementation of the program by providing 
     financial and technical assistance relating to best 
     management practices for controlling nonpoint source 
     pollution, particularly with respect to preventing pollution 
     from agricultural activities.
       ``(2) Interior.--
       ``(A) Geological survey.--The Secretary of the Interior, 
     acting through the United States Geological Survey, shall 
     support the implementation of the program by providing 
     financial, scientific, and technical assistance and 
     applicable watershed research, such as--
       ``(i) stream flow monitoring;
       ``(ii) water quality monitoring;
       ``(iii) evaluation of effectiveness of best management 
     practices;
       ``(iv) research on the transport and final destination of 
     toxic chemicals in the environment; and
       ``(v) development of an integrated geographic information 
     system for the Lake Champlain basin.
       ``(B) Fish and wildlife.--The Secretary of the Interior, 
     acting through the Director of the United States Fish and 
     Wildlife Service and in cooperation with the Committee, shall 
     support the implementation of the program by--
       ``(i) supporting the protection and restoration of wetland, 
     streams, aquatic, and riparian habitat;
       ``(ii) supporting restoration of interjurisdictional 
     fisheries and declining aquatic species in the Lake Champlain 
     watershed through--

       ``(I) propagation of fish in hatcheries; and
       ``(II) continued advancement in fish culture and aquatic 
     species management technology;

       ``(iii) supporting the control and management of aquatic 
     nuisance species that have adverse effects on--

       ``(I) fisheries; or
       ``(II) the form, function, or structure of the ecosystem of 
     the Lake Champlain basin;

       ``(iv) providing financial and technical assistance in 
     accordance with the Fish and Wildlife Coordination Act (16 
     U.S.C. 661 et seq.) to private landowners seeking to improve 
     fish and wildlife habitat, a goal of which is--

       ``(I) restoration of full function to degraded habitat;
       ``(II) enhancement of specific habitat functions; or

[[Page S10742]]

       ``(III) establishment of valuable fish and wildlife habitat 
     that did not previously exist on a particular parcel of real 
     property; and

       ``(v) taking other appropriate action to assist in 
     implementation of the Plan.
       ``(C) National parks.--The Secretary of the Interior, 
     acting through the Director of the National Park Service, 
     shall support the implementation of the program by providing, 
     through the use of funds in the National Recreation and 
     Preservation Appropriation account of the National Park 
     Service, financial and technical assistance for programs 
     concerning cultural heritage, natural resources, recreational 
     resources, or other programs consistent with the mission of 
     the National Park Service that are associated with the Lake 
     Champlain basin, as identified in the Plan.
       ``(3) Commerce.--The Secretary of Commerce, acting through 
     the Under Secretary for Oceans and Atmosphere, shall support 
     the implementation of the program by providing financial and 
     technical assistance, through the national sea grant program 
     of the Department of Commerce, for--
       ``(A) research;
       ``(B) management of fisheries and other aquatic resources;
       ``(C) related watershed programs; and
       ``(D) other appropriate action to assist in implementation 
     of the Plan.
       ``(g) No Effect on Other Authority.--Nothing in this 
     section affects the authority of--
       ``(1) any Federal or State agency; or
       ``(2) any international entity relating to Lake Champlain 
     established by an international agreement to which the United 
     States is a party.
       ``(h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $11,000,000 for 
     each of fiscal years 2003 through 2007, of which--
       ``(1) $5,000,000 shall be made available to the 
     Administrator;
       ``(2) $3,000,000 shall be made available to the Secretary 
     of the Interior;
       ``(3) $1,000,000 shall be made available to the Secretary 
     of Commerce; and
       ``(4) $2,000,000 shall be made available to the Secretary 
     of Agriculture.''.

     SEC. 203. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.

       Section 542 of the Water Resources Development Act of 2000 
     (114 Stat. 2671) is amended--
       (1) in subsection (a)--
       (A) by striking ``(a)'' and all that follows through ``(A) 
     the land areas'' and inserting the following:
       ``(a) Definition of Lake Champlain Watershed.--In this 
     section, the term `Lake Champlain watershed' means--
       ``(1) the land areas'';
       (B) by striking ``(B)(i) the'' and inserting the following:
       ``(2)(A) the'';
       (C) by striking ``(ii) the'' and inserting the following:
       ``(B) the'';
       (D) in paragraph (2)(A) (as redesignated by subparagraph 
     (B)), by inserting ``Hamilton,'' after ``Franklin,''; and
       (E) in paragraph (2)(B) (as redesignated by subparagraph 
     (C)), by striking ``clause (i)'' and inserting ``subparagraph 
     (A)'';
       (2) in subsections (b) through (e), by striking ``critical 
     restoration'' each place it appears and inserting ``ecosystem 
     restoration'';
       (3) in subsection (b)--
       (A) in the subsection heading, by striking ``Critical 
     Restoration Projects'' and inserting ``Ecosystem Restoration 
     Program'';
       (B) in paragraph (1), by striking ``participate in'' and 
     inserting ``provide design and construction assistance to 
     non-Federal interests for''; and
       (C) in paragraph (2)--
       (i) by striking ``A'' and inserting ``An''; and
       (ii) in subparagraph (E), by inserting before the period at 
     the end the following: ``, including remote sensing and the 
     development of a geographic information system for the Lake 
     Champlain basin by the Cold Regions Research and Engineering 
     Laboratory'';
       (4) in subsection (c)--
       (A) by striking ``assistance for a'' and inserting ``design 
     and construction assistance for an''; and
       (B) in paragraph (2), by inserting ``ecosystem restoration 
     or'' after ``form of'';
       (5) in subsection (d)--
       (A) by striking ``(d)'' and all that follows through ``(A) 
     In general.--A'' and inserting the following:
       ``(d) Criteria for Eligibility.--
       ``(1) In general.--An''; and
       (B) by striking ``(B) Special'' and inserting the 
     following:
       ``(2) Special''; and
       (6) in subsection (e)--
       (A) in paragraph (1)--
       (i) by striking ``to a'' and inserting ``to an'';
       (ii) by striking ``project,'' and inserting ``project 
     (which assistance may include the provision of funds through 
     the Lake Champlain Basin Program),''; and
       (iii) by striking ``agreement that shall require the non-
     Federal interest'' and inserting the following: ``agreement 
     that is in accordance with section 221 of the Flood Control 
     Act of 1970 (42 U.S.C. 1962d-5b) and under which the non-
     Federal interest agrees'';
       (B) in paragraph (2)(C), by striking ``50'' and inserting 
     ``100''; and
       (C) by adding at the end the following:
       ``(3) Credit for agricultural conservation.--Funds provided 
     to a non-Federal interest under the conservation reserve 
     enhancement program of the Department of Agriculture 
     announced on May 27, 1998 (63 Fed. Reg. 28965), or the 
     wetlands reserve program under subchapter C of chapter 1 of 
     subtitle D of title XII of the Food Security Act of 1985 (16 
     U.S.C. 3837 et seq.), for use in carrying out a project under 
     the Plan shall be credited toward the non-Federal share of 
     the cost of the project if the Secretary of Agriculture 
     certifies that those funds may be used for the purpose of the 
     project under the Plan.''.

                        TITLE III--MISCELLANEOUS

     SEC. 301. PHASE II STORM WATER PROGRAM.

       Notwithstanding any other provision of law, for fiscal year 
     2003, funds made available to carry out nonpoint source 
     management programs under section 319 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1329) in a State may, at the 
     option of the State, be used to carry out projects and 
     activities in the State relating to the development or 
     implementation of phase II of the storm water program of the 
     Environmental Protection Agency established by the final rule 
     entitled ``National Pollutant Discharge Elimination System--
     Regulations for Revision of the Water Pollution Control 
     Program Addressing Storm Water Discharges'', promulgated by 
     the Administrator of the Environmental Protection Agency on 
     December 8, 1999 (64 Fed. Reg. 68722).
         Amend the title so as to read: ``An Act to amend the 
     Federal Water Pollution Control Act to authorize the 
     Administrator of the Environmental Protection Agency to 
     provide assistance for remediation of sediment contamination 
     in areas of concern, to authorize assistance for research and 
     development of innovative technologies for such remediation, 
     and to amend the Federal Water Pollution Control Act and the 
     Water Resources Development Act of 2000 to modify provisions 
     relating to the Lake Champlain basin, and for other 
     purposes.''.


  Mr. REID. Mr. President, I understand Senator Jeffords and Senator 
Smith of New Hampshire have a substitute amendment at the desk. I ask 
unanimous consent the amendment be considered and agreed to, the 
committee-reported substitute amendment, as amended, be agreed to, the 
bill, as amended, be read three times and passed, and the motion to 
reconsider be laid upon the table with any statements being printed in 
the Record without intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4892) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.

       The bill (H.R. 1070), as amended, was read the third time 
     and passed.

  To title amendment was agreed to.

                          ____________________