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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(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:
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 Federal and State authorities.
Sec. 105. Authorization of appropriations.
Sec. 106. Research and development program.
TITLE II—LAKE CHAMPLAIN
Sec. 201. Short title.
Sec. 202. Lake Champlain Basin Program.
TITLE III—MISCELLANEOUS
Sec. 301. Phase II storm water program.
Sec. 302. Preservation of reporting requirements.
Sec. 303. Repeal.
Sec. 304. Cross Harbor Freight Movement Project EIS, New York City.
Sec. 305. Center for Brownfields Excellence.
Sec. 306. Louisiana Highway 1026 Project, Louisiana.
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,
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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) 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.
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‘‘(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.’’.
SEC. 104. RELATIONSHIP TO FEDERAL AND STATE AUTHORITIES.
Section 118(g) of the Federal Water Pollution Control Act (33
U.S.C. 1268(g)) is amended—
H. R. 1070—4
(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.’’.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
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.’’.
SEC. 106. RESEARCH AND DEVELOPMENT PROGRAM.
(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.
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.
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’’;
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(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;
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‘‘(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.’’.
TITLE III—MISCELLANEOUS
SEC. 301. PHASE II STORM WATER PROGRAM.
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).
SEC. 302. PRESERVATION OF REPORTING REQUIREMENTS.
(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)).
H. R. 1070—7
(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.
SEC. 303. REPEAL.
Title VII of Public Law 105–78 (20 U.S.C. 50 note; 111 Stat.
1524) (other than section 702) is repealed.
SEC. 304. CROSS HARBOR FREIGHT MOVEMENT PROJECT EIS, NEW
YORK CITY.
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’’.
SEC. 305. CENTER FOR BROWNFIELDS EXCELLENCE.
(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.
H. R. 1070—8
(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.
SEC. 306. LOUISIANA HIGHWAY 1026 PROJECT, LOUISIANA.
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.
