[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

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 4022]]
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 4023]]
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 4023]]
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:
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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.