(4) (A) The Administrator shall pay to persons awarded scholarships under this section such stipends (including such allowances for subsistence and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs. (B) The Administrator shall (in addition to the stipends paid to persons under paragraph (1)) pay to the institution of higher education at which such person is pursuing his course of study such amount as he may determine to be consistent with prevailing practices under comparable federally supported programs. (5) A person awarded a scholarship under the provisions of this section shall continue to receive the payments provided in this section only during such periods as the Administrator finds that he is maintaining satisfactory proficiency and devoting full time to study or research in the field in which such scholarship was awarded in an institution of higher education, and is not engaging in gainful employment other than employment approved by the Administrator by or pursuant to regulation. (6) The Administrator shall by regulation provide that any person awarded a scholarship under this section shall agree in writing to enter and remain in an occupation involving the design, operation, or maintenance of treatment works for such period after completion of his course of studies as the Administrator determines appropriate. Sec. 1262. Definitions and authorizations. (a) As used in sections 1259 through 1262 of this title— (1) The term “institution of higher education” means an educational institution described in the first sentence of section 1001 of title 20 (other than an institution of any agency of the United States) which is accredited by a nationally recognized accrediting agency or association approved by the Administrator for this purpose. For purposes of this subsection, the Administrator shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of training offered. (2) The term “academic year” means an academic year or its equivalent, as determined by the Administrator. (b) The Administrator shall annually report his activities under sections 1259 through 1262 of this title, including recommendations for needed revisions in the provisions thereof. (c) There are authorized to be appropriated $25,000,000 per fiscal year for the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975, $6,000,000 for the fiscal year ending September 30, 1977, $7,000,000 for the fiscal year ending September 30, 1978, $7,000,000 for the fiscal year ending September 30, 1979, $7,000,000 for the fiscal year ending September 30, 1980, $7,000,000 for the fiscal year ending September 30, 1981, $7,000,000 for the fiscal year ending September 30, 1982, such sums as may be necessary for fiscal years 1983 through 1985, and $7,000,000 per fiscal year for each of the fiscal years 1986 through 1990, to carry out sections 1259 through 1262 of this title. Sec. 1263. Alaska village demonstration projects. (a) Central community facilities for safe water; elimination or control of pollution The Administrator is authorized to enter into agreements with the State of Alaska to carry out one or more projects to demonstrate methods to provide for central community facilities for safe water and eliminate or control of pollution in those native villages of Alaska without such facilities. Such project shall include provisions for community safe water supply systems, toilets, bathing and laundry facilities, sewage disposal facilities, and other similar facilities, and educational and informational facilities and programs relating to health and hygiene. Such demonstration projects shall be for the further purpose of developing preliminary plans for providing such safe water and such elimination or control of pollution for all native villages in such State. (b) Utilization of personnel and facilities of Department of Health and Human Services In carrying out this section the Administrator shall cooperate with the Secretary of Health and Human Services for the purpose of utilizing such of the personnel and facilities of that Department as may be appropriate. (c) Omitted (d) Authorization of appropriations There is authorized to be appropriated not to exceed $2,000,000 to carry out this section. In addition, there is authorized to be appropriated to carry out this section not to exceed $200,000 for the fiscal year ending September 30, 1978, and $220,000 for the fiscal year ending September 30, 1979. (e) Study to develop comprehensive program for achieving sanitation services; report to Congress The Administrator is authorized to coordinate with the Secretary of the Department of Health and Human Services, the Secretary of the Department of Housing and Urban Development, the Secretary of the Department of the Interior, the Secretary of the Department of Agriculture, and the heads of any other departments or agencies he may deem appropriate to conduct a joint study with representatives of the State of Alaska and the appropriate Native organizations (as defined in Public Law 92–203) to develop a comprehensive program for achieving adequate sanitation services in Alaska villages. This study shall be coordinated with the programs and projects authorized by sections 1254 (q) and 1255 (e)(2) of this title. The Administrator shall submit a report of the results of the study, together with appropriate supporting data and such recommendations as he deems desirable, to the Committee on Environment and Public Works of the Senate and to the Committee on Public Works and Transportation of the House of Representatives not later than December 31, 1979. The Administrator shall also submit recommended administrative actions, procedures, and any proposed legislation necessary to implement the recommendations of the study no later than June 30, 1980. (f) Technical, financial, and management assistance The Administrator is authorized to provide technical, financial and management assistance for operation and maintenance of the demonstration projects constructed under this section, until such time as the recommendations of subsection (e) of this section are implemented. (g) “Village” and “sanitation services” defined For the purpose of this section, the term “village” shall mean an incorporated or unincorporated community with a population of ten to six hundred people living within a two-mile radius. The term “sanitation services” shall mean water supply, sewage disposal, solid waste disposal and other services necessary to maintain generally accepted standards of personal hygiene and public health. Sec. 1263a. Grants to Alaska to improve sanitation in rural and Native villages. (a) In general The Administrator of the Environmental Protection Agency may make grants to the State of Alaska for the benefit of rural and Native villages in Alaska to pay the Federal share of the cost of— (1) the development and construction of public water systems and wastewater systems to improve the health and sanitation conditions in the villages; and (2) training, technical assistance, and educational programs relating to the operation and management of sanitation services in rural and Native villages. (b) Federal share The Federal share of the cost of the activities described in subsection (a) of this section shall be 50 percent. (c) Administrative expenses The State of Alaska may use an amount not to exceed 4 percent of any grant made available under this subsection [1] for administrative expenses necessary to carry out the activities described in subsection (a) of this section. (d) Consultation with State of Alaska The Administrator shall consult with the State of Alaska on a method of prioritizing the allocation of grants under subsection (a) of this section according to the needs of, and relative health and sanitation conditions in, each eligible village. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2001 through 2005. Sec. 1264. Omitted. Sec. 1265. In-place toxic pollutants. The Administrator is directed to identify the location of in-place pollutants with emphasis on toxic pollutants in harbors and navigable waterways and is authorized, acting through the Secretary of the Army, to make contracts for the removal and appropriate disposal of such materials from critical port and harbor areas. There is authorized to be appropriated $15,000,000 to carry out the provisions of this section, which sum shall be available until expended. Sec. 1266. Hudson River reclamation demonstration project. (a) The Administrator is authorized to enter into contracts and other agreements with the State of New York to carry out a project to demonstrate methods for the selective removal of polychlorinated biphenyls contaminating bottom sediments of the Hudson River, treating such sediments as required, burying such sediments in secure landfills, and installing monitoring systems for such landfills. Such demonstration project shall be for the purpose of determining the feasibility of indefinite storage in secure landfills of toxic substances and of ascertaining the improvement of the rate of recovery of a toxic contaminated national waterway. No pollutants removed pursuant to this paragraph shall be placed in any landfill unless the Administrator first determines that disposal of the pollutants in such landfill would provide a higher standard of protection of the public health, safety, and welfare than disposal of such pollutants by any other method including, but not limited to, incineration or a chemical destruction process. (b) The Administrator is authorized to make grants to the State of New York to carry out this section from funds allotted to such State under section 1285 (a) of this title, except that the amount of any such grant shall be equal to 75 per centum of the cost of the project and such grant shall be made on condition that non-Federal sources provide the remainder of the cost of such project. The authority of this section shall be available until September 30, 1983. Funds allotted to the State of New York under section 1285 (a) of this title shall be available under this subsection only to the extent that funds are not available, as determined by the Administrator, to the State of New York for the work authorized by this section under section 1265 or 1321 of this title or a comprehensive hazardous substance response and clean up fund. Any funds used under the authority of this subsection shall be deducted from any estimate of the needs of the State of New York prepared under section 1375 (b) of this title. The Administrator may not obligate or expend more than $20,000,000 to carry out this section. Sec. 1267. Chesapeake Bay. (a) Definitions In this section, the following definitions apply: (1) Administrative cost The term “administrative cost” means the cost of salaries and fringe benefits incurred in administering a grant under this section. (2) Chesapeake Bay Agreement The term “Chesapeake Bay Agreement” means the formal, voluntary agreements executed to achieve the goal of restoring and protecting the Chesapeake Bay ecosystem and the living resources of the Chesapeake Bay ecosystem and signed by the Chesapeake Executive Council. (3) Chesapeake Bay ecosystem The term “Chesapeake Bay ecosystem” means the ecosystem of the Chesapeake Bay and its watershed. (4) Chesapeake Bay Program The term “Chesapeake Bay Program” means the program directed by the Chesapeake Executive Council in accordance with the Chesapeake Bay Agreement. (5) Chesapeake Executive Council The term “Chesapeake Executive Council” means the signatories to the Chesapeake Bay Agreement. (6) Signatory jurisdiction The term “signatory jurisdiction” means a jurisdiction of a signatory to the Chesapeake Bay Agreement. (b) Continuation of Chesapeake Bay Program (1) In general In cooperation with the Chesapeake Executive Council (and as a member of the Council), the Administrator shall continue the Chesapeake Bay Program. (2) Program Office (A) In general The Administrator shall maintain in the Environmental Protection Agency a Chesapeake Bay Program Office. (B) Function The Chesapeake Bay Program Office shall provide support to the Chesapeake Executive Council by— (i) implementing and coordinating science, research, modeling, support services, monitoring, data collection, and other activities that support the Chesapeake Bay Program; (ii) developing and making available, through publications, technical assistance, and other appropriate means, information pertaining to the environmental quality and living resources of the Chesapeake Bay ecosystem; (iii) in cooperation with appropriate Federal, State, and local authorities, assisting the signatories to the Chesapeake Bay Agreement in developing and implementing specific action plans to carry out the responsibilities of the signatories to the Chesapeake Bay Agreement; (iv) coordinating the actions of the Environmental Protection Agency with the actions of the appropriate officials of other Federal agencies and State and local authorities in developing strategies to— (I) improve the water quality and living resources in the Chesapeake Bay ecosystem; and (II) obtain the support of the appropriate officials of the agencies and authorities in achieving the objectives of the Chesapeake Bay Agreement; and (v) implementing outreach programs for public information, education, and participation to foster stewardship of the resources of the Chesapeake Bay. (c) Interagency agreements The Administrator may enter into an interagency agreement with a Federal agency to carry out this section. (d) Technical assistance and assistance grants (1) In general In cooperation with the Chesapeake Executive Council, the Administrator may provide technical assistance, and assistance grants, to nonprofit organizations, State and local governments, colleges, universities, and interstate agencies to carry out this section, subject to such terms and conditions as the Administrator considers appropriate. (2) Federal share (A) In general Except as provided in subparagraph (B), the Federal share of an assistance grant provided under paragraph (1) shall be determined by the Administrator in accordance with guidance issued by the Administrator. (B) Small watershed grants program The Federal share of an assistance grant provided under paragraph (1) to carry out an implementing activity under subsection (g)(2) of this section shall not exceed 75 percent of eligible project costs, as determined by the Administrator. (3) Non-Federal share An assistance grant under paragraph (1) shall be provided on the condition that non-Federal sources provide the remainder of eligible project costs, as determined by the Administrator. (4) Administrative costs Administrative costs shall not exceed 10 percent of the annual grant award. (e) Implementation and monitoring grants (1) In general If a signatory jurisdiction has approved and committed to implement all or substantially all aspects of the Chesapeake Bay Agreement, on the request of the chief executive of the jurisdiction, the Administrator— (A) shall make a grant to the jurisdiction for the purpose of implementing the management mechanisms established under the Chesapeake Bay Agreement, subject to such terms and conditions as the Administrator considers appropriate; and (B) may make a grant to a signatory jurisdiction for the purpose of monitoring the Chesapeake Bay ecosystem. (2) Proposals (A) In general A signatory jurisdiction described in paragraph (1) may apply for a grant under this subsection for a fiscal year by submitting to the Administrator a comprehensive proposal to implement management mechanisms established under the Chesapeake Bay Agreement. (B) Contents A proposal under subparagraph (A) shall include— (i) a description of proposed management mechanisms that the jurisdiction commits to take within a specified time period, such as reducing or preventing pollution in the Chesapeake Bay and its watershed or meeting applicable water quality standards or established goals and objectives under the Chesapeake Bay Agreement; and (ii) the estimated cost of the actions proposed to be taken during the fiscal year. (3) Approval If the Administrator finds that the proposal is consistent with the Chesapeake Bay Agreement and the national goals established under section 1251 (a) of this title, the Administrator may approve the proposal for an award. (4) Federal share The Federal share of a grant under this subsection shall not exceed 50 percent of the cost of implementing the management mechanisms during the fiscal year. (5) Non-Federal share A grant under this subsection shall be made on the condition that non-Federal sources provide the remainder of the costs of implementing the management mechanisms during the fiscal year. (6) Administrative costs Administrative costs shall not exceed 10 percent of the annual grant award. (7) Reporting On or before October 1 of each fiscal year, the Administrator shall make available to the public a document that lists and describes, in the greatest practicable degree of detail— (A) all projects and activities funded for the fiscal year; (B) the goals and objectives of projects funded for the previous fiscal year; and (C) the net benefits of projects funded for previous fiscal years. (f) Federal facilities and budget coordination (1) Subwatershed planning and restoration A Federal agency that owns or operates a facility (as defined by the Administrator) within the Chesapeake Bay watershed shall participate in regional and subwatershed planning and restoration programs. (2) Compliance with agreement The head of each Federal agency that owns or occupies real property in the Chesapeake Bay watershed shall ensure that the property, and actions taken by the agency with respect to the property, comply with the Chesapeake Bay Agreement, the Federal Agencies Chesapeake Ecosystem Unified Plan, and any subsequent agreements and plans. (3) Budget coordination (A) In general As part of the annual budget submission of each Federal agency with projects or grants related to restoration, planning, monitoring, or scientific investigation of the Chesapeake Bay ecosystem, the head of the agency shall submit to the President a report that describes plans for the expenditure of the funds under this section. (B) Disclosure to the Council The head of each agency referred to in subparagraph (A) shall disclose the report under that subparagraph with the Chesapeake Executive Council as appropriate. (g) Chesapeake Bay Program (1) Management strategies The Administrator, in coordination with other members of the Chesapeake Executive Council, shall ensure that management plans are developed and implementation is begun by signatories to the Chesapeake Bay Agreement to achieve and maintain— (A) the nutrient goals of the Chesapeake Bay Agreement for the quantity of nitrogen and phosphorus entering the Chesapeake Bay and its watershed; (B) the water quality requirements necessary to restore living resources in the Chesapeake Bay ecosystem; (C) the Chesapeake Bay Basinwide Toxins Reduction and Prevention Strategy goal of reducing or eliminating the input of chemical contaminants from all controllable sources to levels that result in no toxic or bioaccumulative impact on the living resources of the Chesapeake Bay ecosystem or on human health; (D) habitat restoration, protection, creation, and enhancement goals established by Chesapeake Bay Agreement signatories for wetlands, riparian forests, and other types of habitat associated with the Chesapeake Bay ecosystem; and (E) the restoration, protection, creation, and enhancement goals established by the Chesapeake Bay Agreement signatories for living resources associated with the Chesapeake Bay ecosystem. (2) Small watershed grants program The Administrator, in cooperation with the Chesapeake Executive Council, shall— (A) establish a small watershed grants program as part of the Chesapeake Bay Program; and (B) offer technical assistance and assistance grants under subsection (d) of this section to local governments and nonprofit organizations and individuals in the Chesapeake Bay region to implement— (i) cooperative tributary basin strategies that address the water quality and living resource needs in the Chesapeake Bay ecosystem; and (ii) locally based protection and restoration programs or projects within a watershed that complement the tributary basin strategies, including the creation, restoration, protection, or enhancement of habitat associated with the Chesapeake Bay ecosystem. (h) Study of Chesapeake Bay Program (1) In general Not later than April 22, 2003, and every 5 years thereafter, the Administrator, in coordination with the Chesapeake Executive Council, shall complete a study and submit to Congress a comprehensive report on the results of the study. (2) Requirements The study and report shall— (A) assess the state of the Chesapeake Bay ecosystem; (B) compare the current state of the Chesapeake Bay ecosystem with its state in 1975, 1985, and 1995; (C) assess the effectiveness of management strategies being implemented on November 7, 2000, and the extent to which the priority needs are being met; (D) make recommendations for the improved management of the Chesapeake Bay Program either by strengthening strategies being implemented on November 7, 2000, or by adopting new strategies; and (E) be presented in such a format as to be readily transferable to and usable by other watershed restoration programs. (i) Special study of living resource response (1) In general Not later than 180 days after November 7, 2000, the Administrator shall commence a 5-year special study with full participation of the scientific community of the Chesapeake Bay to establish and expand understanding of the response of the living resources of the Chesapeake Bay ecosystem to improvements in water quality that have resulted from investments made through the Chesapeake Bay Program. (2) Requirements The study shall— (A) determine the current status and trends of living resources, including grasses, benthos, phytoplankton, zooplankton, fish, and shellfish; (B) establish to the extent practicable the rates of recovery of the living resources in response to improved water quality condition; (C) evaluate and assess interactions of species, with particular attention to the impact of changes within and among trophic levels; and (D) recommend management actions to optimize the return of a healthy and balanced ecosystem in response to improvements in the quality and character of the waters of the Chesapeake Bay. (j) Authorization of appropriations There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2001 through 2005. Such sums shall remain available until expended. 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] (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. (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] (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. Sec. 1269. Long Island Sound. (a) Office of Management Conference of the Long Island Sound Study The Administrator shall continue the Management Conference of the Long Island Sound Study (hereinafter referred to as the “Conference”) as established pursuant to section 1330 of this title, and shall establish an office (hereinafter referred to as the “Office”) to be located on or near Long Island Sound. (b) Administration and staffing of Office The Office shall be headed by a Director, who shall be detailed by the Administrator, following consultation with the Administrators of EPA regions I and II, from among the employees of the Agency who are in civil service. The Administrator shall delegate to the Director such authority and detail such additional staff as may be necessary to carry out the duties of the Director under this section. (c) Duties of Office The Office shall assist the Management Conference of the Long Island Sound Study in carrying out its goals. Specifically, the Office shall— (1) assist and support the implementation of the Comprehensive Conservation and Management Plan for Long Island Sound developed pursuant to section 1330 of this title, including efforts to establish, within the process for granting watershed general permits, a system for promoting innovative methodologies and technologies that are cost-effective and consistent with the goals of the Plan; (2) conduct or commission studies deemed necessary for strengthened implementation of the Comprehensive Conservation and Management Plan including, but not limited to— (A) population growth and the adequacy of wastewater treatment facilities, (B) the use of biological methods for nutrient removal in sewage treatment plants, (C) contaminated sediments, and dredging activities, (D) nonpoint source pollution abatement and land use activities in the Long Island Sound watershed, (E) wetland protection and restoration, (F) atmospheric deposition of acidic and other pollutants into Long Island Sound, (G) water quality requirements to sustain fish, shellfish, and wildlife populations, and the use of indicator species to assess environmental quality, (H) State water quality programs, for their adequacy pursuant to implementation of the Comprehensive Conservation and Management Plan, and (I) options for long-term financing of wastewater treatment projects and water pollution control programs. (3) coordinate the grant, research and planning programs authorized under this section; (4) coordinate activities and implementation responsibilities with other Federal agencies which have jurisdiction over Long Island Sound and with national and regional marine monitoring and research programs established pursuant to the Marine Protection, Research, and Sanctuaries Act [16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 1401 et seq., 2801 et seq.]; (5) provide administrative and technical support to the conference; (6) collect and make available to the public publications, and other forms of information the conference determines to be appropriate, relating to the environmental quality of Long Island Sound; (7) not more than two years after the date of the issuance of the final Comprehensive Conservation and Management Plan for Long Island Sound under section 1330 of this title, and biennially thereafter, issue a report to the Congress which— (A) summarizes the progress made by the States in implementing the Comprehensive Conservation and Management Plan; (B) summarizes any modifications to the Comprehensive Conservation and Management Plan in the twelve-month period immediately preceding such report; and (C) incorporates specific recommendations concerning the implementation of the Comprehensive Conservation and Management Plan; and (8) convene conferences and meetings for legislators from State governments and political subdivisions thereof for the purpose of making recommendations for coordinating legislative efforts to facilitate the environmental restoration of Long Island Sound and the implementation of the Comprehensive Conservation and Management Plan. (d) Grants (1) The Administrator is authorized to make grants for projects and studies which will help implement the Long Island Sound Comprehensive Conservation and Management Plan. Special emphasis shall be given to implementation, research and planning, enforcement, and citizen involvement and education. (2) State, interstate, and regional water pollution control agencies, and other public or nonprofit private agencies, institutions, and organizations held to be eligible for grants pursuant to this subsection. (3) Citizen involvement and citizen education grants under this subsection shall not exceed 95 per centum of the costs of such work. All other grants under this subsection shall not exceed 50 per centum of the research, studies, or work. All grants shall be made on the condition that the non-Federal share of such costs are provided from non-Federal sources. (e) Assistance to distressed communities (1) Eligible communities For the purposes of this subsection, a distressed community is any community that meets affordability criteria established by the State in which the community is located, if such criteria are developed after public review and comment. (2) Priority In making assistance available under this section for the upgrading of wastewater treatment facilities, the Administrator may give priority to a distressed community. (f) Authorizations (1) There is authorized to be appropriated to the Administrator for the implementation of this section, other than subsection (d) of this section, such sums as may be necessary for each of the fiscal years 2001 through 2005. (2) There is authorized to be appropriated to the Administrator for the implementation of subsection (d) of this section not to exceed $40,000,000 for each of fiscal years 2001 through 2005. Sec. 1270. Lake Champlain Management Conference. (a) Establishment (1) In general There is established a Lake Champlain Management Conference to develop a comprehensive pollution prevention, control, and restoration plan for Lake Champlain. The Administrator shall convene the management conference within ninety days of November 16, 1990. (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. (b) Membership The Members of the Management Conference shall be comprised of— (1) the Governors of the States of Vermont and New York; (2) each interested Federal agency, not to exceed a total of five members; (3) the Vermont and New York Chairpersons of the Vermont, New York, Quebec Citizens Advisory Committee for the Environmental Management of Lake Champlain; (4) four representatives of the State legislature of Vermont; (5) four representatives of the State legislature of New York; (6) six persons representing local governments having jurisdiction over any land or water within the Lake Champlain basin, as determined appropriate by the Governors; and (7) eight persons representing affected industries, nongovernmental organizations, public and private educational institutions, and the general public, as determined appropriate by the trigovernmental Citizens Advisory Committee for the Environmental Management of Lake Champlain, but not to be current members of the Citizens Advisory Committee. (c) Technical Advisory Committee (1) The Management Conference shall, not later than one hundred and twenty days after November 16, 1990, appoint a Technical Advisory Committee. (2) Such Technical Advisory Committee shall consist of officials of: appropriate departments and agencies of the Federal Government; the State governments of New York and Vermont; and governments of political subdivisions of such States; and public and private research institutions. (d) Research program The Management Conference shall establish a multi-disciplinary environmental research program for Lake Champlain. Such research program shall be planned and conducted jointly with the Lake Champlain Research Consortium. (e) Pollution prevention, control, and restoration plan (1) Not later than three years after November 16, 1990, the Management Conference shall publish a pollution prevention, control, and restoration plan for Lake Champlain. (2) The Plan developed pursuant to this section shall— (A) identify corrective actions and compliance schedules addressing point and nonpoint sources of pollution necessary to restore and maintain the chemical, physical, and biological integrity of water quality, a balanced, indigenous population of shellfish, fish and wildlife, recreational, and economic activities in and on the lake; (B) incorporate environmental management concepts and programs established in State and Federal plans and programs in effect at the time of the development of such plan; (C) clarify the duties of Federal and State agencies in pollution prevention and control activities, and to the extent allowable by law, suggest a timetable for adoption by the appropriate Federal and State agencies to accomplish such duties within a reasonable period of time; (D) describe the methods and schedules for funding of programs, activities, and projects identified in the Plan, including the use of Federal funds and other sources of funds; (E) include a strategy for pollution prevention and control that includes the promotion of pollution prevention and management practices to reduce the amount of pollution generated in the Lake Champlain basin; and (F) be reviewed and revised, as necessary, at least once every 5 years, in consultation with the Administrator and other appropriate Federal agencies. (3) The Administrator, in cooperation with the Management Conference, shall provide for public review and comment on the draft Plan. At a minimum, the Management Conference shall conduct one public meeting to hear comments on the draft plan in the State of New York and one such meeting in the State of Vermont. (4) Not less than one hundred and twenty days after the publication of the Plan required pursuant to this section, the Administrator shall approve such plan if the plan meets the requirements of this section and the Governors of the States of New York and Vermont concur. (5) Upon approval of the plan, such plan shall be deemed to be an approved management program for the purposes of section 1329 (h) of this title and such plan shall be deemed to be an approved comprehensive conservation and management plan pursuant to section 1330 of this title. (f) Grant assistance (1) The Administrator may, in consultation with participants in the Lake Champlain Basin Program, make grants to State, interstate, and regional water pollution control agencies, and public or nonprofit agencies, institutions, and organizations. (2) Grants under this subsection shall be made for assisting research, surveys, studies, and modeling and technical and supporting work necessary for the development and implementation of the Plan. (3) The amount of grants to any person under this subsection for a fiscal year shall not exceed 75 per centum of the costs of such research, survey, study and work and shall be made available on the condition that non-Federal share of such costs are provided from non-Federal sources. (4) The Administrator may establish such requirements for the administration of grants as he determines to be appropriate. (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 “Lake Champlain drainage basin” means all or part of Clinton, Franklin, Hamilton, Warren, Essex, and Washington counties in the State of New York and all or part of Franklin, Grand Isle, Chittenden, Addison, Rutland, Bennington, Lamoille, Orange, Washington, Orleans, and Caledonia counties in Vermont, that contain all of the streams, rivers, lakes, and other bodies of water, including wetlands, that drain into Lake Champlain. (3) Plan The term “Plan” means the plan developed under subsection (e) of this section. (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; (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 ). (i) Authorization There are authorized to be appropriated to the Environmental Protection Agency to carry out this section— (1) $2,000,000 for each of fiscal years 1991, 1992, 1993, 1994, and 1995; (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. Sec. 1271. Sediment survey and monitoring. (a) Survey (1) In general The Administrator, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Secretary, shall conduct a comprehensive national survey of data regarding aquatic sediment quality in the United States. The Administrator shall compile all existing information on the quantity, chemical and physical composition, and geographic location of pollutants in aquatic sediment, including the probable source of such pollutants and identification of those sediments which are contaminated pursuant to section 501 (b)(4).[1] (2) Report Not later than 24 months after October 31, 1992, the Administrator shall report to the Congress the findings, conclusions, and recommendations of such survey, including recommendations for actions necessary to prevent contamination of aquatic sediments and to control sources of contamination. (b) Monitoring (1) In general The Administrator, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Secretary, shall conduct a comprehensive and continuing program to assess aquatic sediment quality. The program conducted pursuant to this subsection shall, at a minimum— (A) identify the location of pollutants in aquatic sediment; (B) identify the extent of pollutants in sediment and those sediments which are contaminated pursuant to section 501 (b)(4); [1] (C) establish methods and protocols for monitoring the physical, chemical, and biological effects of pollutants in aquatic sediment and of contaminated sediment; (D) develop a system for the management, storage, and dissemination of data concerning aquatic sediment quality; (E) provide an assessment of aquatic sediment quality trends over time; (F) identify locations where pollutants in sediment may pose a threat to the quality of drinking water supplies, fisheries resources, and marine habitats; and (G) establish a clearing house for information on technology, methods, and practices available for the remediation, decontamination, and control of sediment contamination. (2) Report The Administrator shall submit to Congress a report on the findings of the monitoring under paragraph (1) on the date that is 2 years after the date specified in subsection (a)(2) of this section and biennially thereafter. Sec. 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. Sec. 1272. Environmental dredging. (a) Operation and maintenance of navigation projects Whenever necessary to meet the requirements of the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], the Secretary, in consultation with the Administrator of the Environmental Protection Agency, may remove and remediate, as part of operation and maintenance of a navigation project, contaminated sediments outside the boundaries of and adjacent to the navigation channel. (b) Nonproject specific (1) In general The Secretary may remove and remediate contaminated sediments from the navigable waters of the United States for the purpose of environmental enhancement and water quality improvement if such removal and remediation is requested by a non-Federal sponsor and the sponsor agrees to pay 35 percent of the cost of such removal and remediation. (2) Maximum amount The Secretary may not expend more than $50,000,000 in a fiscal year to carry out this subsection. (c) Joint plan requirement The Secretary may only remove and remediate contaminated sediments under subsection (b) of this section in accordance with a joint plan developed by the Secretary and interested Federal, State, and local government officials. Such plan must include an opportunity for public comment, a description of the work to be undertaken, the method to be used for dredged material disposal, the roles and responsibilities of the Secretary and non-Federal sponsors, and identification of sources of funding. (d) Disposal costs Costs of disposal of contaminated sediments removed under this section shall be a [1] shared as a cost of construction. (e) Limitation on statutory construction Nothing in this section shall be construed to affect the rights and responsibilities of any person under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 U.S.C. 9601 et seq.]. (f) Priority work In carrying out this section, the Secretary shall give priority to work in the following areas: (1) Brooklyn Waterfront, New York. (2) Buffalo Harbor and River, New York. (3) Ashtabula River, Ohio. (4) Mahoning River, Ohio. (5) Lower Fox River, Wisconsin. (6) Passaic River and Newark Bay, New Jersey. (7) Snake Creek, Bixby, Oklahoma. (8) Willamette River, Oregon. (g) Nonprofit entities Notwithstanding section 1962d–5b of title 42, for any project carried out under this section, a non-Federal sponsor may include a nonprofit entity, with the consent of the affected local government. Sec. 1273. Lake Pontchartrain Basin. (a) Establishment of restoration program The Administrator shall establish within the Environmental Protection Agency the Lake Pontchartrain Basin Restoration Program. (b) Purpose The purpose of the program shall be to restore the ecological health of the Basin by developing and funding restoration projects and related scientific and public education projects. (c) Duties In carrying out the program, the Administrator shall— (1) provide administrative and technical assistance to a management conference convened for the Basin under section 1330 of this title; (2) assist and support the activities of the management conference, including the implementation of recommendations of the management conference; (3) support environmental monitoring of the Basin and research to provide necessary technical and scientific information; (4) develop a comprehensive research plan to address the technical needs of the program; (5) coordinate the grant, research, and planning programs authorized under this section; and (6) collect and make available to the public publications, and other forms of information the management conference determines to be appropriate, relating to the environmental quality of the Basin. (d) Grants The Administrator may make grants— (1) for restoration projects and studies recommended by a management conference convened for the Basin under section 1330 of this title; and (2) for public education projects recommended by the management conference. (e) Definitions In this section, the following definitions apply: (1) Basin The term “Basin” means the Lake Pontchartrain Basin, a 5,000 square mile watershed encompassing 16 parishes in the State of Louisiana and 4 counties in the State of Mississippi. (2) Program The term “program” means the Lake Pontchartrain Basin Restoration Program established under subsection (a) of this section. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2001 through 2005. Such sums shall remain available until expended. (2) Public education projects Not more than 15 percent of the amount appropriated pursuant to paragraph (1) in a fiscal year may be expended on grants for public education projects under subsection (d)(2) of this section. Sec. 1274. Wet weather watershed pilot projects (a) In general The Administrator, in coordination with the States, may provide technical assistance and grants for treatment works to carry out pilot projects relating to the following areas of wet weather discharge control: (1) Watershed management of wet weather discharges The management of municipal combined sewer overflows, sanitary sewer overflows, and stormwater discharges, on an integrated watershed or subwatershed basis for the purpose of demonstrating the effectiveness of a unified wet weather approach. (2) Stormwater best management practices The control of pollutants from municipal separate storm sewer systems for the purpose of demonstrating and determining controls that are cost-effective and that use innovative technologies in reducing such pollutants from stormwater discharges. (b) Administration The Administrator, in coordination with the States, shall provide municipalities participating in a pilot project under this section the ability to engage in innovative practices, including the ability to unify separate wet weather control efforts under a single permit. (c) Funding (1) In general There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2002, $15,000,000 for fiscal year 2003, and $20,000,000 for fiscal year 2004. Such funds shall remain available until expended. (2) Stormwater The Administrator shall make available not less than 20 percent of amounts appropriated for a fiscal year pursuant to this subsection to carry out the purposes of subsection (a)(2) of this section. (3) Administrative expenses The Administrator may retain not to exceed 4 percent of any amounts appropriated for a fiscal year pursuant to this subsection for the reasonable and necessary costs of administering this section. (d) Report to Congress Not later than 5 years after December 21, 2000, the Administrator shall transmit to Congress a report on the results of the pilot projects conducted under this section and their possible application nationwide.
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