§ 1268. — Great Lakes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1268]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I--RESEARCH AND RELATED PROGRAMS
Sec. 1268. Great Lakes
(a) Findings, purpose, and definitions
(1) Findings
The Congress finds that--
(A) the Great Lakes are a valuable national resource,
continuously serving the people of the United States and other
nations as an important source of food, fresh water, recreation,
beauty, and enjoyment;
(B) the United States should seek to attain the goals
embodied in the Great Lakes Water Quality Agreement of 1978, as
amended by the Water Quality Agreement of 1987 and any other
agreements and amendments, with particular emphasis on goals
related to toxic pollutants; and
(C) the Environmental Protection Agency should take the lead
in the effort to meet those goals, working with other Federal
agencies and State and local authorities.
(2) Purpose
It is the purpose of this section to achieve the goals embodied
in the Great Lakes Water Quality Agreement of 1978, as amended by
the Water Quality Agreement of 1987 and any other agreements and
amendments, through improved organization and definition of mission
on the part of the Agency, funding of State grants for pollution
control in the Great Lakes area, and improved accountability for
implementation of such agreement.
(3) Definitions
For purposes of this section, the term--
(A) ``Agency'' means the Environmental Protection Agency;
(B) ``Great Lakes'' means Lake Ontario, Lake Erie, Lake
Huron (including Lake St. Clair), Lake Michigan, and Lake
Superior, and the connecting channels (Saint Mary's River, Saint
Clair River, Detroit River, Niagara River, and Saint Lawrence
River to the Canadian Border);
(C) ``Great Lakes System'' means all the streams, rivers,
lakes, and other bodies of water within the drainage basin of
the Great Lakes;
(D) ``Program Office'' means the Great Lakes National
Program Office established by this section;
(E) ``Research Office'' means the Great Lakes Research
Office established by subsection (d) of this section;
(F) ``area of concern'' means a geographic area located
within the Great Lakes, in which beneficial uses are impaired
and which has been officially designated as such under Annex 2
of the Great Lakes Water Quality Agreement;
(G) ``Great Lakes States'' means the States of Illinois,
Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and
Wisconsin;
(H) ``Great Lakes Water Quality Agreement'' means the
bilateral agreement, between the United States and Canada which
was signed in 1978 and amended by the Protocol of 1987;
(I) ``Lakewide Management Plan'' means a written document
which embodies a systematic and comprehensive ecosystem approach
to restoring and protecting the beneficial uses of the open
waters of each of the Great Lakes, in accordance with article VI
and Annex 2 of the Great Lakes Water Quality Agreement; and
(J) ``Remedial Action Plan'' means a written document which
embodies a systematic and comprehensive ecosystem approach to
restoring and protecting the beneficial uses of areas of
concern, in accordance with article VI and Annex 2 of the Great
Lakes Water Quality Agreement.
(b) Great Lakes National Program Office
The Great Lakes National Program Office (previously established by
the Administrator) is hereby established within the Agency. The Program
Office shall be headed by a Director who, by reason of management
experience and technical expertise relating to the Great Lakes, is
highly qualified to direct the development of programs and plans on a
variety of Great Lakes issues. The Great Lakes National Program Office
shall be located in a Great Lakes State.
(c) Great Lakes management
(1) Functions
The Program Office shall--
(A) in cooperation with appropriate Federal, State, tribal,
and international agencies, and in accordance with section
1251(e) of this title, develop and implement specific action
plans to carry out the responsibilities of the United States
under the Great Lakes Water Quality Agreement of 1978, as
amended by the Water Quality Agreement of 1987 and any other
agreements and amendments,; \1\
---------------------------------------------------------------------------
\1\ So in original.
---------------------------------------------------------------------------
(B) establish a Great Lakes system-wide surveillance network
to monitor the water quality of the Great Lakes, with specific
emphasis on the monitoring of toxic pollutants;
(C) serve as the liaison with, and provide information to,
the Canadian members of the International Joint Commission and
the Canadian counterpart to the Agency;
(D) coordinate actions of the Agency (including actions by
headquarters and regional offices thereof) aimed at improving
Great Lakes water quality; and
(E) coordinate actions of the Agency with the actions of
other Federal agencies and State and local authorities, so as to
ensure the input of those agencies and authorities in developing
water quality strategies and obtain the support of those
agencies and authorities in achieving the objectives of such
agreement.
(2) Great Lakes water quality guidance
(A) By June 30, 1991, the Administrator, after consultation with
the Program Office, shall publish in the Federal Register for public
notice and comment proposed water quality guidance for the Great
Lakes System. Such guidance shall conform with the objectives and
provisions of the Great Lakes Water Quality Agreement, shall be no
less restrictive than the provisions of this chapter and national
water quality criteria and guidance, shall specify numerical limits
on pollutants in ambient Great Lakes waters to protect human health,
aquatic life, and wildlife, and shall provide guidance to the Great
Lakes States on minimum water quality standards, antidegradation
policies, and implementation procedures for the Great Lakes System.
(B) By June 30, 1992, the Administrator, in consultation with
the Program Office, shall publish in the Federal Register, pursuant
to this section and the Administrator's authority under this
chapter, final water quality guidance for the Great Lakes System.
(C) Within two years after such Great Lakes guidance is
published, the Great Lakes States shall adopt water quality
standards, antidegradation policies, and implementation procedures
for waters within the Great Lakes System which are consistent with
such guidance. If a Great Lakes State fails to adopt such standards,
policies, and procedures, the Administrator shall promulgate them
not later than the end of such two-year period. When reviewing any
Great Lakes State's water quality plan, the agency shall consider
the extent to which the State has complied with the Great Lakes
guidance issued pursuant to this section.
(3) Remedial Action Plans
(A) For each area of concern for which the United States has
agreed to draft a Remedial Action Plan, the Program Office shall
ensure that the Great Lakes State in which such area of concern is
located--
(i) submits a Remedial Action Plan to the Program Office by
June 30, 1991;
(ii) submits such Remedial Action Plan to the International
Joint Commission by January 1, 1992; and
(iii) includes such Remedial Action Plans within the State's
water quality plan by January 1, 1993.
(B) For each area of concern for which Canada has agreed to
draft a Remedial Action Plan, the Program Office shall, pursuant to
subparagraph (c)(1)(C) of this section, work with Canada to assure
the submission of such Remedial Action Plans to the International
Joint Commission by June 30, 1991, and to finalize such Remedial
Action Plans by January 1, 1993.
(C) For any area of concern designated as such subsequent to
November 16, 1990, the Program Office shall (i) if the United States
has agreed to draft the Remedial Action Plan, ensure that the Great
Lakes State in which such area of concern is located submits such
Plan to the Program Office within two years of the area's
designation, submits it to the International Joint Commission no
later than six months after submitting it to the Program Office, and
includes such Plan in the State's water quality plan no later than
one year after submitting it to the Commission; and (ii) if Canada
has agreed to draft the Remedial Action Plan, work with Canada,
pursuant to subparagraph (c)(1)(C) of this section, to ensure the
submission of such Plan to the International Joint Commission within
two years of the area's designation and the finalization of such
Plan no later than eighteen months after submitting it to such
Commission.
(D) The Program Office shall compile formal comments on
individual Remedial Action Plans made by the International Joint
Commission pursuant to section 4(d) of Annex 2 of the Great Lakes
Water Quality Agreement and, upon request by a member of the public,
shall make such comments available for inspection and copying. The
Program Office shall also make available, upon request, formal
comments made by the Environmental Protection Agency on individual
Remedial Action Plans.
(E) Report.--Not later than 1 year after November 27, 2002, 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.
(4) Lakewide Management Plans
The Administrator, in consultation with the Program Office
shall--
(A) by January 1, 1992, publish in the Federal Register a
proposed Lakewide Management Plan for Lake Michigan and solicit
public comments;
(B) by January 1, 1993, submit a proposed Lakewide
Management Plan for Lake Michigan to the International Joint
Commission for review; and
(C) by January 1, 1994, publish in the Federal Register a
final Lakewide Management Plan for Lake Michigan and begin
implementation.
Nothing in this subparagraph shall preclude the simultaneous
development of Lakewide Management Plans for the other Great Lakes.
(5) Spills of oil and hazardous materials
The Program Office, in consultation with the Coast Guard, shall
identify areas within the Great Lakes which are likely to experience
numerous or voluminous spills of oil or other hazardous materials
from land based facilities, vessels, or other sources and, in
consultation with the Great Lakes States, shall identify weaknesses
in Federal and State programs and systems to prevent and respond to
such spills. This information shall be included on at least a
biennial basis in the report required by this section.
(6) 5-year plan and program
The Program Office shall develop, in consultation with the
States, a five-year plan and program for reducing the amount of
nutrients introduced into the Great Lakes. Such program shall
incorporate any management program for reducing nutrient runoff from
nonpoint sources established under section 1329 of this title and
shall include a program for monitoring nutrient runoff into, and
ambient levels in, the Great Lakes.
(7) 5-year study and demonstration projects
(A) The Program Office shall carry out a five-year study and
demonstration projects relating to the control and removal of toxic
pollutants in the Great Lakes, with emphasis on the removal of toxic
pollutants from bottom sediments. In selecting locations for
conducting demonstration projects under this paragraph, priority
consideration shall be given to projects at the following locations:
Saginaw Bay, Michigan; Sheboygan Harbor, Wisconsin; Grand Calumet
River, Indiana; Ashtabula River, Ohio; and Buffalo River, New York.
(B) The Program Office shall--
(i) by December 31, 1990, complete chemical, physical, and
biological assessments of the contaminated sediments at the
locations selected for the study and demonstration projects;
(ii) by December 31, 1990, announce the technologies that
will be demonstrated at each location and the numerical standard
of protection intended to be achieved at each location;
(iii) by December 31, 1992, complete full or pilot scale
demonstration projects on site at each location of promising
technologies to remedy contaminated sediments; and
(iv) by December 31, 1993, issue a final report to Congress
on its findings.
(C) The Administrator, after providing for public review and
comment, shall publish information concerning the public health and
environmental consequences of contaminants in Great Lakes sediment.
Information published pursuant to this subparagraph shall include
specific numerical limits to protect health, aquatic life, and
wildlife from the bioaccumulation of toxins. The Administrator
shall, at a minimum, publish information pursuant to this
subparagraph within 2 years of November 16, 1990.
(8) Administrator's responsibility
The Administrator shall ensure that the Program Office enters
into agreements with the various organizational elements of the
Agency involved in Great Lakes activities and the appropriate State
agencies specifically delineating--
(A) the duties and responsibilities of each such element in
the Agency with respect to the Great Lakes;
(B) the time periods for carrying out such duties and
responsibilities; and
(C) the resources to be committed to such duties and
responsibilities.
(9) Budget item
The Administrator shall, in the Agency's annual budget
submission to Congress, include a funding request for the Program
Office as a separate budget line item.
(10) Comprehensive report
Within 90 days after the end of each fiscal year, the
Administrator shall submit to Congress a comprehensive report
which--
(A) describes the achievements in the preceding fiscal year
in implementing the Great Lakes Water Quality Agreement of 1978,
as amended by the Water Quality Agreement of 1987 and any other
agreements and amendments, and shows by categories (including
judicial enforcement, research, State cooperative efforts, and
general administration) the amounts expended on Great Lakes
water quality initiatives in such preceding fiscal year;
(B) describes the progress made in such preceding fiscal
year in implementing the system of surveillance of the water
quality in the Great Lakes System, including the monitoring of
groundwater and sediment, with particular reference to toxic
pollutants;
(C) describes the long-term prospects for improving the
condition of the Great Lakes; and
(D) provides a comprehensive assessment of the planned
efforts to be pursued in the succeeding fiscal year for
implementing the Great Lakes Water Quality Agreement of 1978, as
amended by the Water Quality Agreement of 1987 and any other
agreements and amendments,,\1\ which assessment shall--
(i) show by categories (including judicial enforcement,
research, State cooperative efforts, and general
administration) the amount anticipated to be expended on
Great Lakes water quality initiatives in the fiscal year to
which the assessment relates; and
(ii) include a report of current programs administered
by other Federal agencies which make available resources to
the Great Lakes water quality management efforts.
(11) Confined disposal facilities
(A) The Administrator, in consultation with the Assistant
Secretary of the Army for Civil Works, shall develop and implement,
within one year of November 16, 1990, management plans for every
Great Lakes confined disposal facility.
(B) The plan shall provide for monitoring of such facilities,
including--
(i) water quality at the site and in the area of the site;
(ii) sediment quality at the site and in the area of the
site;
(iii) the diversity, productivity, and stability of aquatic
organisms at the site and in the area of the site; and
(iv) such other conditions as the Administrator deems
appropriate.
(C) The plan shall identify the anticipated use and management
of the site over the following twenty-year period including the
expected termination of dumping at the site, the anticipated need
for site management, including pollution control, following the
termination of the use of the site.
(D) The plan shall identify a schedule for review and revision
of the plan which shall not be less frequent than five years after
adoption of the plan and every five years thereafter.
(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.
(d) Great Lakes research
(1) Establishment of Research Office
There is established within the National Oceanic and Atmospheric
Administration the Great Lakes Research Office.
(2) Identification of issues
The Research Office shall identify issues relating to the Great
Lakes resources on which research is needed. The Research Office
shall submit a report to Congress on such issues before the end of
each fiscal year which shall identify any changes in the Great Lakes
system \2\ with respect to such issues.
---------------------------------------------------------------------------
\2\ So in original. Probably should be capitalized.
---------------------------------------------------------------------------
(3) Inventory
The Research Office shall identify and inventory Federal, State,
university, and tribal environmental research programs (and, to the
extent feasible, those of private organizations and other nations)
relating to the Great Lakes system,\2\ and shall update that
inventory every four years.
(4) Research exchange
The Research Office shall establish a Great Lakes research
exchange for the purpose of facilitating the rapid identification,
acquisition, retrieval, dissemination, and use of information
concerning research projects which are ongoing or completed and
which affect the Great Lakes System.
(5) Research program
The Research Office shall develop, in cooperation with the
Coordination Office, a comprehensive environmental research program
and data base for the Great Lakes system.\2\ The data base shall
include, but not be limited to, data relating to water quality,
fisheries, and biota.
(6) Monitoring
The Research Office shall conduct, through the Great Lakes
Environmental Research Laboratory, the National Sea Grant College
program, other Federal laboratories, and the private sector,
appropriate research and monitoring activities which address
priority issues and current needs relating to the Great Lakes.
(7) Location
The Research Office shall be located in a Great Lakes State.
(e) Research and management coordination
(1) Joint plan
Before October 1 of each year, the Program Office and the
Research Office shall prepare a joint research plan for the fiscal
year which begins in the following calendar year.
(2) Contents of plan
Each plan prepared under paragraph (1) shall--
(A) identify all proposed research dedicated to activities
conducted under the Great Lakes Water Quality Agreement of 1978,
as amended by the Water Quality Agreement of 1987 and any other
agreements and amendments,; \3\
---------------------------------------------------------------------------
\3\ So in original.
---------------------------------------------------------------------------
(B) include the Agency's assessment of priorities for
research needed to fulfill the terms of such Agreement; and
(C) identify all proposed research that may be used to
develop a comprehensive environmental data base for the Great
Lakes System and establish priorities for development of such
data base.
(3) Health research report
(A) Not later than September 30, 1994, the Program Office, in
consultation with the Research Office, the Agency for Toxic
Substances and Disease Registry, and Great Lakes States shall submit
to the Congress a report assessing the adverse effects of water
pollutants in the Great Lakes System on the health of persons in
Great Lakes States and the health of fish, shellfish, and wildlife
in the Great Lakes System. In conducting research in support of this
report, the Administrator may, where appropriate, provide for
research to be conducted under cooperative agreements with Great
Lakes States.
(B) There is authorized to be appropriated to the Administrator
to carry out this section not to exceed $3,000,000 for each of
fiscal years 1992, 1993, and 1994.
(f) Interagency cooperation
The head of each department, agency, or other instrumentality of the
Federal Government which is engaged in, is concerned with, or has
authority over programs relating to research, monitoring, and planning
to maintain, enhance, preserve, or rehabilitate the environmental
quality and natural resources of the Great Lakes, including the Chief of
Engineers of the Army, the Chief of the Soil Conservation Service, the
Commandant of the Coast Guard, the Director of the Fish and Wildlife
Service, and the Administrator of the National Oceanic and Atmospheric
Administration, shall submit an annual report to the Administrator with
respect to the activities of that agency or office affecting compliance
with the Great Lakes Water Quality Agreement of 1978, as amended by the
Water Quality Agreement of 1987 and any other agreements and
amendments,.\3\
(g) Relationship to existing Federal and State laws and international
treaties
Nothing in this section shall be construed--
(1) to affect the jurisdiction, powers, or prerogatives of any
department, agency, or officer of the Federal Government or of any
State government, or of any tribe, nor any powers, jurisdiction, or
prerogatives of any international body created by treaty with
authority relating to the Great Lakes; or
(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.
(h) Authorizations of Great Lakes appropriations
There are authorized to be appropriated to the Administrator to
carry out this section not to exceed--
(1) $11,000,000 per fiscal year for the fiscal years 1987, 1988,
1989, and 1990, and $25,000,000 for fiscal year 1991;
(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.
(June 30, 1948, ch. 758, title I, Sec. 118, as added Pub. L. 100-4,
title I, Sec. 104, Feb. 4, 1987, 101 Stat. 11; amended Pub. L. 100-688,
title I, Sec. 1008, Nov. 18, 1988, 102 Stat. 4151; Pub. L. 101-596,
title I, Secs. 101-106, Nov. 16, 1990, 104 Stat. 3000-3004; Pub. L. 107-
303, title I, Secs. 102-105, Nov. 27, 2002, 116 Stat. 2355-2358.)
Codification
November 16, 1990, referred to in subsec. (c)(3)(C), (7)(C), was in
the original ``the enactment of this Act'', and ``the date of the
enactment of this title'' which were translated as meaning the date of
enactment of Pub. L. 101-596, title I of which enacted subsec. (c)(3),
(7)(C), to reflect the probable intent of Congress.
Amendments
2002--Subsec. (c)(3)(E). Pub. L. 107-303, Sec. 102, added subpar.
(E).
Subsec. (c)(12), (13). Pub. L. 107-303, Sec. 103, added pars. (12)
and (13).
Subsec. (g). Pub. L. 107-303, Sec. 104, substituted ``construed--''
for ``construed to affect'', inserted ``(1) to affect'' before ``the
jurisdiction'', substituted ``Lakes; or'' for ``Lakes.'', and added par.
(2).
Subsec. (h). Pub. L. 107-303, Sec. 105, substituted ``not to
exceed--'' for ``not to exceed $11,000,000'', inserted ``(1)
$11,000,000'' before ``per fiscal year for'', substituted ``1991;'' for
``1991.'', added pars. (2) and (3), and struck out former last sentence
which read as follows: ``Of the amounts appropriated each fiscal year--
``(1) 40 percent shall be used by the Great Lakes National
Program Office on demonstration projects on the feasibility of
controlling and removing toxic pollutants;
``(2) 7 percent shall be used by the Great Lakes National
Program Office for the program of nutrient monitoring; and
``(3) 30 percent or $3,300,000, whichever is the lesser, shall
be transferred to the National Oceanic and Atmospheric
Administration for use by the Great Lakes Research Office.''
1990--Subsec. (a)(3)(F) to (J). Pub. L. 101-596, Sec. 103, added
subpars. (F) to (J).
Subsec. (c)(2) to (11). Pub. L. 101-596, Secs. 101, 102, 104, added
pars. (2) to (5) after par. (1) and renumbered existing paragraphs
accordingly, which was executed by renumbering pars. (2) to (6) as (6)
to (10), respectively, redesignated existing provisions of par. (7) as
subpar. (A) and added subpars. (B) and (C), and added par. (11).
Subsec. (e)(3). Pub. L. 101-596, Sec. 106, added par. (3).
Subsec. (h). Pub. L. 101-596, Sec. 105, substituted ``and 1990, and
$25,000,000 for fiscal year 1991'' for ``1990, and 1991'' in
introductory provisions and inserted ``or $3,300,000, whichever is the
lesser,'' after ``30 percent'' in par. (3).
1988--Subsecs. (a)(1)(B), (2), (c)(1)(A), (6)(A), (D), (e)(2)(A),
(f). Pub. L. 100-688 inserted ``, as amended by the Water Quality
Agreement of 1987 and any other agreements and amendments,'' after ``the
Great Lakes Water Quality Agreement of 1978''.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Great Lakes Remedial Action Plans and Sediment Remediation
Pub. L. 101-640, title IV, Sec. 401, Nov. 28, 1990, 104 Stat. 4644,
as amended by Pub. L. 104-303, title V, Sec. 515, Oct. 12, 1996, 110
Stat. 3763; Pub. L. 106-53, title V, Sec. 505, Aug. 17, 1999, 113 Stat.
338; Pub. L. 106-541, title III, Sec. 344, Dec. 11, 2000, 114 Stat.
2613, provided that:
``(a) Great Lakes Remedial Action Plans.--
``(1) In general.--The Secretary may provide technical,
planning, and engineering assistance to State and local governments
and nongovernmental entities designated by a State or local
government in the development and implementation of remedial action
plans for Areas of Concern in the Great Lakes identified under the
Great Lakes Water Quality Agreement of 1978.
``(2) Non-federal share.--
``(A) In general.--Non-Federal interests shall contribute,
in cash or by providing in-kind contributions, 35 percent of
costs of activities for which assistance is provided under
paragraph (1).
``(B) Contributions by entities.--Nonprofit public or
private entities may contribute all or a portion of the non-
Federal share.
``(b) Sediment Remediation Projects.--
``(1) In general.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency (acting through
the Great Lakes National Program Office), may conduct pilot- and
full-scale projects of promising technologies to remediate
contaminated sediments in freshwater coastal regions in the Great
Lakes basin. The Secretary shall conduct not fewer than 3 full-scale
projects under this subsection.
``(2) Site selection for projects.--In selecting the sites for
the technology projects, the Secretary shall give priority
consideration to Saginaw Bay, Michigan, Sheboygan Harbor, Wisconsin,
Grand Calumet River, Indiana, Ashtabula River, Ohio, Buffalo River,
New York, and Duluth-Superior Harbor, Minnesota and Wisconsin.
``(3) Non-federal share.--Non-Federal interests shall contribute
35 percent of costs of projects under this subsection. Such costs
may be paid in cash or by providing in-kind contributions.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for
each of fiscal years 2001 through 2006.''
Section Referred to in Other Sections
This section is referred to in section 2902 of this title; title 16
section 1447b.
