REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF CONCERN IN THE GREAT LAKES.

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. 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.”.