Text: H.R.1070 — 107th Congress (2001-2002)All Information (Except Text)

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Public Law No: 107-303 (11/27/2002)

 
[107th Congress Public Law 303]
[From the U.S. Government Printing Office]


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[DOCID: f:publ303.107]


[[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.'';
            (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;

[[Page 116 STAT. 2360]]

            ``(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 <<NOTE: 31 USC 1113 note.>> 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)).

[[Page 116 STAT. 2361]]

            (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 <<NOTE: Effective date.>> general.--Effective 
        November 10, 1998, section 501 of the Federal Reports 
        Elimination Act of 1998 (Public Law 105-362; 112 Stat. 
        3283) <<NOTE: 33 USC 1254, 1266, 1285, 1290, 1324, 1329, 1330, 
        1375.>> is amended by striking subsections (a), (b), (c), and 
        (d).
            (2) Applicability.--The <<NOTE: 33 USC 1254 note.>> 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. <<NOTE: 20 USC 50 note.>> 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.

[[Page 116 STAT. 2362]]

            (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''.

    Approved November 27, 2002.

LEGISLATIVE HISTORY--H.R. 1070:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 107-587, Pt. 1 (Comm. on Transportation and 
Infrastructure).
SENATE REPORTS: No. 107-312 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 148 (2002):
            Sept. 4, considered and passed House.
            Oct. 17, considered and passed Senate, amended.
            Nov. 12, House concurred in Senate amendment.

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