[110th Congress Public Law 365]
[From the U.S. Government Printing Office]


[DOCID: f:publ365.110]

[[Page 122 STAT. 4021]]

Public Law 110-365
110th Congress

                                 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. <<NOTE: Oct. 8, 2008 -  [H.R. 6460]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Great Lakes 
Legacy Reauthorization Act of 2008.>> 
SECTION 1. <<NOTE: 33 USC 1251 note.>> 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

[[Page 122 STAT. 4022]]

                      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:

[[Page 122 STAT. 4023]]

                          ``(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:

[[Page 122 STAT. 4023]]

            ``(1) In <<NOTE: Appropriation authorization.>> 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.''.

    Approved October 8, 2008.

LEGISLATIVE HISTORY--H.R. 6460:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-849, Pt. 1 (Comm. on Transportation and 
Infrastructure).
CONGRESSIONAL RECORD, Vol. 154 (2008):
            Sept. 17, 18, considered and passed House.
            Sept. 25, considered and passed Senate, amended.
            Sept. 28, House concurred in Senate amendment.

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