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Pub.L. 107-304 To amend title 5, United States Code, to allow certain catch-up ...


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[[Page 116 STAT. 2355]]

Public Law 107-303
107th Congress

                                 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. <<NOTE: Nov. 27, 2002 -  [H.R. 1070]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Great Lakes and Lake 
Champlain Act of 2002.>> assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short <<NOTE: 33 USC 1251 note.>> 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 <<NOTE: Great Lakes Legacy Act of 2002.>> I--GREAT LAKES

SEC. 101. <<NOTE: 33 USC 1251 note.>> 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 <<NOTE: Deadline.>> 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,


[[Page 116 STAT. 2356]]

                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.

[[Page 116 STAT. 2357]]

                          ``(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--

[[Page 116 STAT. 2358]]

            (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. <<NOTE: 33 USC 1271a.>> 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 <<NOTE: Daniel Patrick Moynihan Lake Champlain Basin Program Act 
of 2002.>> II--LAKE CHAMPLAIN

SEC. 201. <<NOTE: 33 USC 1251 note.>> 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'';

[[Page 116 STAT. 2359]]

            (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.'';

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