[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1070 Enrolled Bill (ENR)]
H.R.1070
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To amend the Federal Water Pollution Control Act to authorize the
Administrator of the Environmental Protection Agency to carry out
projects and conduct research for remediation of sediment contamination
in areas of concern in the Great Lakes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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

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TITLE I

-GREAT LAKES

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

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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.''.

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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 Program Office, may carry out
projects that meet the requirements of subparagraph (B).
``(B) Eligible projects.--A project meets the requirements
of this subparagraph if the project is to be carried out in an
area of concern located wholly or partially in the United
States and the project--
``(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)(I) has been identified in a Remedial Action Plan
submitted under paragraph (3); and
``(II) 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.
``(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 share.--
``(i) In general.--The non-Federal share of the cost of
a project carried out under this paragraph shall be at
least 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.
``(iii) Non-federal share.--The non-Federal share of
the cost of a project carried out under this paragraph--
``(I) may include monies paid pursuant to, or the
value of any in-kind service performed under, an
administrative order on consent or judicial consent
decree; but
``(II) may not include any funds paid pursuant to,
or the value of any in-kind service performed under, a
unilateral administrative order or court order.
``(iv) 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 the 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 practicable.
``(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 2004 through 2008.
``(ii) Availability.--Funds made available under clause
(i) shall remain available until expended.
``(13) Public information program.--
``(A) In general.--The Administrator, acting through the
Program Office and in coordination with States, Indian tribes,
local governments, and other entities, may carry out a public
information program to provide information relating to the
remediation of contaminated sediment to the public in areas of
concern that are located wholly or partially in the United
States.
``(B) Authorization of appropriations.--There is authorized
to be appropriated to carry out this paragraph $1,000,000 for
each of fiscal years 2004 through 2008.''.

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Section 118(g) of the Federal Water Pollution Control Act (33
U.S.C. 1268(g)) 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'';
and
(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.''.

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Section 118(h) of the Federal Water Pollution Control Act (33
U.S.C. 1268(h)) is amended--
(1) by striking the second sentence; and
(2) in the first sentence--
(A) by striking ``not to exceed $11,000,000'' and inserting
``not to exceed--
``(1) $11,000,000'';
(B) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(2) such sums as are necessary for each of fiscal years 1992
through 2003; and
``(3) $25,000,000 for each of fiscal years 2004 through
2008.''.

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(a) In General.--In coordination with other Federal, State, and
local officials, the Administrator of the Environmental Protection
Agency may conduct research on the development and use of innovative
approaches, technologies, and techniques for the remediation of
sediment contamination in areas of concern that are located wholly or
partially in the United States.
(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 $3,000,000 for each of fiscal years 2004 through 2008.
(2) Availability.--Funds appropriated under paragraph (1) shall
remain available until expended.

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

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TITLE II

-LAKE CHAMPLAIN

Section 120 of the Federal Water Pollution Control Act (33 U.S.C.
1270) is amended--
(1) by striking the section heading and all that follows
through ``There is established'' in subsection (a) and inserting
the following:
``SEC. 120. LAKE CHAMPLAIN BASIN PROGRAM.
``(a) Establishment.--
``(1) In general.--There is established'';
(2) in subsection (a) (as amended by paragraph (1)), by adding
at the end the following:
``(2) Implementation.--The Administrator--
``(A) may provide support to the State of Vermont, the
State of New York, and the New England Interstate Water
Pollution Control Commission for the implementation of the Lake
Champlain Basin Program; and
``(B) shall coordinate actions of the Environmental
Protection Agency under subparagraph (A) with the actions of
other appropriate Federal agencies.'';
(3) in subsection (d), by striking ``(1)'';
(4) in subsection (e)--
(A) in paragraph (1), by striking ``(hereafter in this
section referred to as the `Plan')''; and
(B) in paragraph (2)--
(i) in subparagraph (D), by striking ``and'' at the
end;
(ii) in subparagraph (E), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(F) be reviewed and revised, as necessary, at least once
every 5 years, in consultation with the Administrator and other
appropriate Federal agencies.'';
(5) in subsection (f)--
(A) in paragraph (1), by striking ``the Management
Conference,'' and inserting ``participants in the Lake
Champlain Basin Program,''; and
(B) in paragraph (2), by striking ``development of the
Plan'' and all that follows and inserting ``development and
implementation of the Plan.'';
(6) in subsection (g)--
(A) by striking ``(g)'' and all that follows through ``the
term'' and inserting the following:
``(g) Definitions.--In this section:
``(1) Lake champlain basin program.--The term `Lake Champlain
Basin Program' means the coordinated efforts among the Federal
Government, State governments, and local governments to implement
the Plan.
``(2) Lake champlain drainage basin.--The term'';
(B) in paragraph (2) (as designated by subparagraph (A))--
(i) by inserting ``Hamilton,'' after ``Franklin,''; and
(ii) by inserting ``Bennington,'' after ``Rutland,'';
and
(C) by adding at the end the following:
``(3) Plan.--The term `Plan' means the plan developed under
subsection (e).'';
(7) by striking subsection (h) and inserting the following:
``(h) No Effect on Certain Authority.--Nothing in this section--
``(1) affects the jurisdiction or powers of--
``(A) any department or agency of the Federal Government or
any State government; or
``(B) any international organization or entity related to
Lake Champlain created by treaty or memorandum to which the
United States is a signatory;
``(2) provides new regulatory authority for the Environmental
Protection Agency; or
``(3) affects section 304 of the Great Lakes Critical Programs
Act of 1990 (Public Law 101-596; 33 U.S.C. 1270 note).''; and
(8) in subsection (i)--
(A) by striking ``section $2,000,000'' and inserting
``section--
``(1) $2,000,000'';
(B) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(2) such sums as are necessary for each of fiscal years 1996
through 2003; and
``(3) $11,000,000 for each of fiscal years 2004 through
2008.''.

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Notwithstanding any other provision of law, for fiscal year 2003,
funds made available to a State to carry out nonpoint source management
programs under section 319 of the Federal Water Pollution Control Act
(33 U.S.C. 1329) 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 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).

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TITLE III

-MISCELLANEOUS

(a) In General.--Section 3003(a)(1) of the Federal Reports
Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note; Public Law
104-66) does not apply to any report required to be submitted under any
of the following provisions of law:
(1) Effects of pollution on estuaries of the united states.--
Section 104(n)(3) of the Federal Water Pollution Control Act (33
U.S.C. 1254(n)(3)).
(2) Implementation of great lakes water quality agreement of
1978.--Section 118(c)(10) of the Federal Water Pollution Control
Act (33 U.S.C. 1268(c)(10)).
(3) Comprehensive conservation and management plan for long
island sound.--Section 119(c)(7) of the Federal Water Pollution
Control Act (33 U.S.C. 1269(c)(7)).
(4) Level b plan on all river basins.--Section 209(b) of the
Federal Water Pollution Control Act (33 U.S.C. 1289(b)).
(5) State reports on water quality of all navigable waters.--
Section 305(b) of the Federal Water Pollution Control Act (33
U.S.C. 1315(b)).
(6) Exemptions from water pollution control requirements for
executive agencies.--Section 313(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1323(a)).
(7) Status of water quality in united states lakes.--Section
314(a) of the Federal Water Pollution Control Act (33 U.S.C.
1324(a)).
(8) National estuary program activities.--Section 320(j)(2) of
the Federal Water Pollution Control Act (33 U.S.C. 1330(j)(2)).
(9) Reports on contracts entered into relating to procurement
from violators of water quality standards.--Section 508(e) of the
Federal Water Pollution Control Act (33 U.S.C. 1368(e)).
(10) National requirements and costs of water pollution
control.--Section 516 of the Federal Water Pollution Control Act
(33 U.S.C. 1375).
(b) Other Reports.--
(1) In general.--Effective November 10, 1998, section 501 of
the Federal Reports Elimination Act of 1998 (Public Law 105-362;
112 Stat. 3283) is amended by striking subsections (a), (b), (c),
and (d).
(2) Applicability.--The Federal Water Pollution Control Act (33
U.S.C. 1254(n)(3)) shall be applied and administered on and after
the date of enactment of this Act as if the amendments made by
subsections (a), (b), (c), and (d) of section 501 of the Federal
Reports Elimination Act of 1998 (Public Law 105-362; 112 Stat.
3283) had not been enacted.

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Title VII of Public Law 105-78 (20 U.S.C. 50 note; 111 Stat. 1524)
(other than section 702) is repealed.

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Section 1602 of the Transportation Equity Act for the 21st Century
(112 Stat. 305) is amended in item number 1320 of the table by striking
``Reconstruct 79th Street Traffic Circle, New York City'' and inserting
``Cross Harbor Freight Movement Project EIS, New York City''.

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(a) In General.--To demonstrate the transfer of technology and
expertise from the Federal Government to the private sector, and to
demonstrate the effectiveness of the reuse by the private sector of
properties and assets that the Federal Government has determined,
through applicable statutes and processes, that it no longer needs, the
Administrator of the Environmental Protection Agency shall make a grant
to not less than one eligible sponsor to establish and operate a center
for Brownfields Excellence.
(b) Responsibilities of Center.--The responsibilities of a center
established under this section shall include the transfer of technology
and expertise in the redevelopment of abandoned or underutilized
property that may have environmental contamination and the
dissemination of information regarding successful models for such
redevelopment.
(c) Priority.--In carrying out this section, the Administrator
shall give priority consideration to a grant application submitted by
an eligible sponsor that meets the following criteria:
(1) Demonstrated ability to facilitate the return of property
that may have environmental contamination to productive use.
(2) Demonstrated ability to facilitate public-private
partnerships and regional cooperation.
(3) Capability to provide leadership in making both national
and regional contributions to addressing the problem of
underutilized or abandoned properties.
(4) Demonstrated ability to work with Federal departments and
agencies to facilitate reuse by the private sector of properties
and assets no longer needed by the Federal Government.
(5) Demonstrated ability to foster technology transfer.
(d) Eligible Sponsor Defined.--In this section, the term ``eligible
sponsor'' means a regional nonprofit community redevelopment
organization assisting an area that--
(1) has lost jobs due to the closure of a private sector or
Federal installation; and
(2) as a result, has an underemployed workforce and
underutilized or abandoned properties.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000.

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Section 1602 of the Transportation Equity Act for the 21st Century
(112 Stat. 272) is amended in item number 426 of the table by striking
``Louisiana Highway 16'' and inserting the following: ``Louisiana
Highway 1026''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Great Lakes Legacy Act of 2002 — HR. 1070

Other Sections

TITLE I

TITLE II

TITLE III

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