[Senate Report 107-312]
[From the U.S. Government Publishing Office]
Calendar No. 704
107th Congress Report
SENATE
2d Session 107-312
======================================================================
THE GREAT LAKES AND LAKE CHAMPLAIN PROGRAM
ACT OF 2002
_______
October 15, 2002.--Ordered to be printed
_______
Mr. Jeffords, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany H.R. 1070]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (H.R. 1070) to amend the Federal Water
Pollution Control Act to authorize the Administrator of the
Environmental Protection Agency to carry out projects and
conduct research for remediation of sediment contamination in
areas of concern in the Great Lakes, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and an amendment to the title, and recommends that
the bill, as amended, do pass.
General Statement, Background,
and Objectives of the Legislation
The first title of the bill, the ``Great Lakes Legacy Act
of 2002'', amends the Federal Water Pollution Control Act (33
U.S.C. 1268), or Clean Water Act, to authorize the
Environmental Protection Agency to assist the Great Lakes
region in the remediation of contaminated sediment identified
in Areas of Concern. The second title is the Daniel Patrick
Moynihan Lake Champlain Basin Program Act of 2002, which amends
the Federal Water Pollution Control Act, (33 U.S.C. 1270), or
Clean Water Act, to reauthorize the Lake Champlain Basin
Program. This title authorizes Federal participation in the
implementation of ``Opportunities for Action'', the plan to
preserve and protect Lake Champlain. The third title allows
communities that will be required to obtain a National
Pollutant Discharge Elimination System (NPDES) permit under the
regulation entitled, ``National Pollutant Discharge Elimination
System--Regulations for Revision of the Water Pollution Control
Program Addressing Storm Water Discharges'', promulgated by the
Administrator of the Environmental Protection Agency on
December 8, 1999 (64 Fed. 17 Reg. 68722), which takes effect in
March of 2003, to retain eligibility for funding provided by
the Administrator through section 319 of the Federal Water
Pollution Control Act, (33 U.S.C. 1329 et seq.), or Clean Water
Act.
Great Lakes Legacy Act of 2002
Over 33 million people live in the Great Lakes Basin,
representing one tenth of the U.S. population and one quarter
of the Canadian population. The Great Lakes constitute the
largest system of fresh, surface water on Earth: holding 18
percent of the world's supply and 95 percent of the U.S.
supply.
Industrialization and development have had a significant
impact on the Great Lakes ecosystem. The Great Lakes are
particularly vulnerable to contamination because outflow rates
from most of the Lakes are very slow: Lake Superior retains
water for 173 years, Lake Michigan for 62 years, Lake Huron for
31 years. Lake Erie, the shallowest of the Lakes, has the
shortest water retention, at 2.7 years. Lakes with low outflow
rates do not flush contaminants quickly. As a result, many
pollutants discharged into the Great Lakes settle into the
sediments at the bottom of the Lakes.
According to EPA's National Water Quality Inventory 1998
Report to Congress (based on State surveys of 90 percent of
Great Lakes shoreline miles) most of the Great Lakes are safe
for swimming and other recreational activities and can be used
as a source of drinking water. However, only 4 percent of the
near-shore waters fully support all of their designated uses.
Water quality impairments in the Great Lakes generally involve
fish advisories and aquatic life impacts. States report that
the primary sources of pollutants causing these impairments are
atmospheric deposition and contaminated sediment.
Efforts to restore the Great Lakes are proceeding through
cooperative efforts with Canada as well as through efforts of
EPA, the Army Corps of Engineers and other Federal agencies,
the States, industry, and local communities.
Under the Boundary Waters Treaty of 1909 (36 Stat. 2448; TS
548), the United States and Canada created the International
Joint Commission (IJC). In 1972, the United States and Canada
signed the Great Lakes Water Quality Agreement. The primary
purpose of the 1972 agreement was to reduce phosphorus
loadings. In 1987, the two nations revised the agreement and
committed to ecosystem cleanup plans for ``Areas of Concern''
and to the resolution of whole-lake problems associated with
critical pollutants through ``Lakewide Management Plans.'' The
IJC monitors progress toward these commitments and issues
biennial reports.
To support the commitments made in the Great Lakes Water
Quality Agreement, in 1987 Congress added section 118 to the
Federal Water Pollution Control Act (33 U.S.C. 1268), or Clean
Water Act. Section 118 established the Great Lakes National
Program Office within EPA. One of its functions is to ensure
that Remedial Action Plans are developed for the Areas of
Concern identified by the United States and Canada.
To date, most active sediment remediation at U.S. Areas of
Concern has occurred as a result of Superfund enforcement
action or threat of Superfund enforcement action. However,
Superfund's suitability for cleanup of Areas of Concern is
limited. There are generally multiple contaminants from
multiple parties accumulated over several generations. Only a
handful of contaminated sediment sites have ever been placed on
Superfund's National Priorities List.
Section 118 of the 1987 amendments to the Federal Water
Pollution Control Act (33 U.S.C. 1268), or Clean Water Act,
authorized demonstration projects relating to the control and
removal of toxic pollutants in the Great Lakes. Some activities
to carry out Remedial Action Plans at Areas of Concern also are
eligible for assistance from Federal Water Pollution Control
Act (33 U.S.C. 1268 et seq.), or Clean Water Act, State
Revolving Loan Funds or section 319 grants for nonpoint source
programs. However, at present, there is no specific Federal
authorization for assistance for implementation of Remedial
Action Plans at Areas of Concern.
In May 2002, the General Accounting Office (GAO) completed
a study on the cleanup of Areas of Concern in the Great Lakes
entitled, ``EPA Needs to Define Organizational Responsibilities
Better for Effective Oversight and Cleanup of Contaminated
Areas (GAO-02-563). GAO found that there has been slow progress
of cleanup efforts, in part due to lack of funds and in part
due to EPA oversight.
The Great Lakes Legacy Act of 2002 provides funding to EPA
to implement Remedial Action Plans at Areas of Concern. This is
the first source of funds provided specifically for this
purpose. This authority will assist in expediting the
remediation of sites with contaminated sediment and will
improve the ability of the United States to meet its
commitments under the Great Lakes Water Quality Agreement.
Daniel Patrick Moynihan Lake Champlain Basin Program Act of 2002
Lake Champlain is the sixth largest freshwater lake in the
world, after only the Great Lakes. Flowing north along the
borders of Vermont, New York, and Canada, it is 120 miles long
and just 12 miles wide at its widest point. Lake Champlain is
home to a diverse array of 81 species of fish, 318 species of
birds, 56 species of mammals, 21 species of amphibians and 20
reptile species. Today, the lake is plagued by excess
phosphorous loadings, toxics such as mercury, and non-native
species such as the zebra mussel and sea lamprey.
The Lake Champlain Basin Program began in 1990 when
Congress designated the lake as a resource of national
significance under the Lake Champlain Special Designation Act
of 1990 (33 U.S.C. 1270 note; P.L. 101-596.) The program began
as a management conference with a charter to develop a
comprehensive pollution prevention, control, and restoration
plan for Lake Champlain. The conference evolved into today's
Lake Champlain Basin Program, which is made up of multiple
Federal agencies, State and local governments, and
stakeholders. The Basin Program works cooperatively with
partners throughout the region to protect and enhance the
environmental integrity and the social and economic benefits of
the Lake Champlain Basin.
The Daniel Patrick Moynihan Lake Champlain Basin Program
Act of 2002 authorizes the implementation of the plan prepared
by the management conference and revised by the Lake Champlain
Basin Program Steering Committee in January 2002.
Section 319 Funding
Section 319 of the Federal Water Pollution Control Act (33
U.S.C. 1329), or Clean Water Act, established a nonpoint source
management program and authorized EPA to provide funds to
States for implementation of nonpoint source management plans.
This title provides a 1-year extension for fiscal year 2003 of
the allowable use of section 319 funds in communities that will
be obtaining an NPDES permit under the final rule entitled,
``National Pollutant Discharge Elimination System--Regulations
for Revision of the Water Pollution Control Program Addressing
Storm Water Discharges'', promulgated by the Administrator of
the Environmental Protection Agency on December 8, 1999 (64
Fed. 17 Reg. 68722). This regulation is commonly referred to as
the ``phase II stormwater regulation.'' This regulation takes
effect in March 2003. Existing EPA interpretation of the
Federal Water Pollution Control Act (33 U.S.C. 1268), or Clean
Water Act, prohibits States from using section 319 funding for
addressing permitted discharges. In letters to the committee,
States have expressed two concerns about EPA's interpretation.
First, because EPA's guidance outlining how section 319 funds
could be spent was finalized prior to the promulgation of the
phase II stormwater regulations, States assert that the
guidance was not informed by an understanding of how the denial
of funding for clean water tools, such as mapping of storm
water systems, would affect the ability of States and towns to
address nonpoint source pollution. Second, States assert that
the EPA's statutory interpretation could preclude the use of
section 319 funding anywhere within the jurisdiction of a
community required to obtain a NPDES permit under the phase II
stormwater regulations. In some States, this could mean the
virtual exclusion of that State from the ability to use section
319 funds. This situation could slow the progress in reducing
nonpoint source pollution, which remains one of the nation's
most important hurdles in meeting our clean water goals.
Section-by-Section Analysis
Title I--Great Lakes Legacy Act of 2002
Section 101. Short Title
Great Lakes Legacy Act of 2002.
Sec. 102. Report on Remedial Action Plans
SUMMARY AND DISCUSSION
This section requires a report from the Administrator of
EPA to Congress 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 this paragraph and the
Great Lakes Water Quality Agreement. This report is a key
element of the legislation. The General Accounting Office
specifically called for this evaluation in its May 2002 report
entitled, ``EPA Needs to Define Organizational Responsibilities
Better for Effective Oversight and Cleanup of Contaminated
Areas (GAO-02-563).
Sec. 103. Remediation of Sediment Contamination in Areas of Concern in
the Great Lakes
QUALIFIED PROJECTS
Section 103 amends section 118(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1268), or Clean Water Act, by
adding a paragraph entitled: ``Remediation of Sediment
Contamination in Areas of Concern.'' This section provides a
mechanism for providing funds through an EPA program for the
remediation of contaminated sediments in Areas of Concern in
the Great Lakes. This is the first funding source for this
purpose.
Section 103 provides authority for EPA to carry out
``qualified projects'' for the remediation of contaminated
sediment. Qualified projects are defined as those that:
(i) monitor or evaluate contaminated sediment,
including conducting a site characterization;
(ii) remediate contaminated sediment (including
disposal of the contaminated sediment); or
(iii) prevent further or renewed contamination of
sediment.
The committee intends for the EPA to prioritize projects on
which work can be commenced not later than 1 year after receipt
of the funds for the project as well as those that encourage
innovation in remediation projects in the Great Lakes.
The Administrator is prohibited from carrying out a
qualified project that is located in an Area of Concern that
the Administrator determines is likely to suffer significant
further or renewed sediment contamination from sources of
pollutants after the completion of the qualified project or at
a site that has not had a thorough site characterization.
Funds provided in this program have a non-Federal matching
requirement of at least 35 percent of the total project cost.
This match can include in-kind services provided by the non-
Federal sponsor. The committee intends that the non-Federal
share of the cost of a qualified project carried out under this
paragraph may include the value of in-kind services or cash
contributed by a non-Federal sponsor including any in-kind
service performed under an administrative order on consent or
judicial consent decree, but excluding any in-kind service or
cash contributed performed under a unilateral administrative
order or court order. Operations and maintenance of projects
conducted under the program must be entirely the responsibility
of the non-Federal sponsor such as a State.
The Administrator is required to coordinate with the
Secretary of the Army and the States in which qualified
projects that receive assistance are located. The committee
intends that the Administrator and the Secretary of the Army
will work together to ensure that there is no duplication of
effort in the Great Lakes. The committee intends that the
Administrator and the States will coordinate Federal funds and
non-Federal funds to proceed with the highest priority projects
first.
The title authorizes $50,000,000 for each of fiscal years
2004 through 2008 for this program, for a total of $250,000,000
over 5 years.
RESEARCH AND DEVELOPMENT PROGRAM
Section 103 provides that the Administrator, in
coordination with other officials, shall conduct research on
the development and use of innovative approaches, technologies,
and techniques for the remediation of sediment contamination in
areas of concern in the Great Lakes. This authority is included
to further the use of innovative approaches to the remediation
of contaminated sediment in the Great Lakes. The committee
authorizes $2,000,000 for each of fiscal years 2004 through
2008 for this purpose, for a total of $10,000,000 over 5 years.
PUBLIC INFORMATION PROGRAM
Section 103 provides that the Administrator is authorized
to carry out, in coordination with the Office of Research and
Development, States, Indian tribes, local governments, and
other entities, a program to provide information relating to
the remediation of contaminated sediment to the public in areas
of concern and to provide for local coordination and
organization in those areas. The committee authorizes
$5,000,000 for each of fiscal years 2004 through 2008 for this
purpose, for a total of $25,000,000 over 5 years.
Sec. 104. Relationship to Existing Federal and State Laws and
International Agreements
Section 104 amends section 118(g) of the Federal Water
Pollution Control Act (33 U.S.C. 1268), or Clean Water Act, to
clarify that the Great Lakes Legacy Act of 2002 does not 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.
Sec. 105. Authorization of Appropriations
Section 105 reauthorizes the existing Great Lakes Program
for $40,000,000 for each of fiscal years 2004 through 2008, for
a total of $200,000,000 over 5 years.
TITLE II--LAKE CHAMPLAIN
Sec. 201. Short Title
``Daniel Patrick Moynihan Lake Champlain Basin Program Act
of 2002.''
Sec. 202. Lake Champlain Basin Program
This section amends section 120 of the Federal Water
Pollution Control Act (33 U.S.C. 1270) by inserting the text of
this section. The committee intends to strengthen and increase
the capacity of this cooperative effort by formally
acknowledging the role of the Lake Champlain Basin Program and
its Steering Committee, and to encourage this innovative
initiative to retain its flexible, responsive approach to
addressing the evolving environmental challenges of the Lake
Champlain Basin.
AUTHORIZATION OF PLAN IMPLEMENTATION
This section defines key terms such as ``Plan'' which is
the plan entitled ``Opportunities for Action: An Evolving Plan
for the Future of the Lake Champlain Basin'', approved by the
Lake Champlain Steering Committee on January 30, 2002. The Act
authorizes Federal agencies to participate in implementing the
Plan.
The Lake Champlain management conference, first authorized
by the Lake Champlain Special Designation Act of 1990 (33
U.S.C. 1270 note; P.L. 101-596), completed the first plan in
1996. Since that time, the management conference has evolved
into the Lake Champlain Basin Program. This section
specifically authorizes the Lake Champlain Basin Program. This
section establishes the purposes of the program:
to protect and enhance the environmental
integrity and social and economic benefits of the Lake
Champlain basin; and
to achieve the environmental goals described in
the Plan, including--
(i) the reduction of phosphorous inputs to Lake
Champlain from point sources and nonpoint sources so as
to--
(I) promote a healthy and diverse
ecosystem; and
(II) provide for sustainable human use
and enjoyment of Lake Champlain;
(ii) the reduction of toxic contamination, such as
contamination by mercury and polychlorinated biphenyls,
to protect public health and the ecosystem of the Lake
Champlain basin;
(iii) the control of the introduction, spread, and
impacts of nonnative nuisance species to preserve the
integrity of the ecosystem of the Lake Champlain basin;
(iv) the minimization of risks to humans from water-
related health hazards in the Lake Champlain basin,
including through the protection of sources of drinking
water in the Lake Champlain basin;
(v) the restoration and maintenance of a healthy and
diverse community of fish and wildlife in the Lake
Champlain basin;
(vi) the protection and restoration of wetland,
streams, and riparian habitat in the Lake Champlain
basin, including functions and values provided by those
areas;
(vii) the management of Lake Champlain, including
shorelines and tributaries of Lake Champlain, to
achieve----
(I) the protection of natural and
cultural resources of Lake Champlain;
and
(II) the maintenance of recreational
uses of Lake Champlain;
(viii) the protection of recreation and cultural
heritage resources of the Lake Champlain basin;
(ix) the continuance of the Lake Champlain long-term
water quality and biological monitoring program; and
(x) the promotion of healthy and diverse economic
activity and sustainable development principles in the
Lake Champlain basin.
This section designates the Lake Champlain Basin Program as
the implementing body for the Plan. The Lake Champlain Basin
Program is made up of representatives from Federal, State, and
local agencies as well as interested stakeholders. The
Program's organization provides a forum for consensus building
on prioritization and implementation of priorities in the Plan.
The committee intends for the current processes at the Lake
Champlain Basin Program to continue to ensure smooth and
effective implementation of the Plan.
This section requires that the Plan be reviewed and, as
necessary, be revised at least once every 5 years. The Plan
authorized by this Act is the first revision of the plan
developed in response to the Lake Champlain Special Designation
Act of 1990 (33 U.S.C. 1270 note; P.L. 101-596.) Continual
review and revision will be necessary to ensure that the
document remains a current and accurate roadmap for
preservation of Lake Champlain.
This section authorizes the Administrator to make grants to
implement the management strategies in the plan to State,
interstate, and regional water pollution control agencies as
well as public or nonprofit agencies, institutions, and
organizations. Federal funds will be matched with at least a 25
percent non-Federal contribution. The committee intends for the
cost sharing applied to the Lake Champlain program to be
consistent with the existing program that has operated for 12
years with a 25 percent non-Federal matching requirement.
COORDINATION OF FEDERAL PROGRAMS
This section authorizes the roles of other Federal agencies
in the implementation of the Plan.
The Secretary of Agriculture is authorized to support the
implementation of the Lake Champlain Basin Program by providing
financial and technical assistance relating to best management
practices for controlling nonpoint source pollution,
particularly with respect to preventing pollution from
agricultural activities. The Department of Agriculture has been
a key participant in activities in the Lake Champlain Basin
since 1990. The committee intends that the Department, through
programs such as the Conservation Reserve Enhancement Program
(CREP) and the Wetlands Reserve Program (WRP) will continue
this long-standing commitment to the Basin. The reduction of
nutrient run-off from nonpoint sources of pollution,
particularly agriculture, is one of the activities in the Plan
that can have the greatest impact on water quality in Lake
Champlain. The Department of Agriculture is a key partner in
achieving this goal.
The Secretary of Interior, acting through both the United
States Geological Survey (USGS) and the Fish and Wildlife
Service (FWS) is authorized to support the implementation of
the Lake Champlain Basin Program. Through USGS, the Secretary
may provide financial, scientific, and technical assistance and
applicable watershed research, such as stream flow monitoring;
water quality monitoring; evaluation of effectiveness of best
management practices; research on the transport and final
destination of toxic chemicals in the environment; and
development of an integrated geographic information system for
the Lake Champlain basin.
Through the Fish and Wildlife Service, the Secretary shall
support the implementation of the program by:
supporting the protection and restoration of
wetland, streams, aquatic, and riparian habitat;
supporting restoration of interjurisdictional
fisheries and declining aquatic species in the Lake Champlain
watershed through propagation of fish in hatcheries and
continued advancement in fish culture and aquatic species
management technology;
supporting the control and management of aquatic
nuisance species that have adverse effects on fisheries or the
form, function, or structure of the ecosystem of the Lake
Champlain basin;
providing financial and technical assistance in
accordance with the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.) to private landowners seeking to improve
fish and wildlife habitat, a goal of which is restoration of
full function to degraded habitat, enhancement of specific
habitat functions, establishment of valuable fish and wildlife
habitat that did not previously exist on a particular parcel of
real property; and
taking other appropriate action to assist in
implementation of the Plan.
Through the National Park Service, the Secretary shall
support the implementation of the program by providing
financial and technical assistance for programs concerning
cultural heritage, natural resources, recreational resources,
or other programs consistent with the mission of the National
Park Service that are identified in the Plan.
The Secretary of Commerce, acting through the Under
Secretary for Oceans and Atmosphere, shall support the
implementation of the program by providing financial and
technical assistance, through the national sea grant program of
the Department of Commerce, for research; management of
fisheries and other aquatic resources; related watershed
programs; and other appropriate action to assist in
implementation of the Plan.
The committee authorizes $11,000,000 for each of fiscal
years 2003 through 2007 for implementation of the Lake
Champlain Basin Program, with $5,000,000 for the Administrator,
$3,000,000 for Interior, $1,000,000 for Commerce; and
$2,000,000 for Agriculture.
This section also makes technical changes to section 542 of
P.L. 106-541 of the Water Resources Development Act of 2000
(114 Stat. 2671.) These modifications allow the Corps of
Engineers to provide design and construction assistance for
ecosystem restoration to the Lake Champlain Basin Program for
the purposes of implementing the Plan. It adds Hamilton County
in New York to the definition of Lake Champlain watershed. It
authorizes the Army Corps of Engineers to conduct remote
sensing and the development of a geographic information system
for the Lake Champlain basin by the Cold Regions Research and
Engineering Laboratory. It allows the Corps to provide
assistance for ecosystem restoration projects through the Lake
Champlain Basin Program. It clarifies existing crediting
authority by allowing 100 percent of the non-Federal share to
be comprised of in-kind services and by clarifying that funds
provided to a non-Federal interest under the conservation
reserve enhancement program of the Department of Agriculture
announced on May 27, 1998 (63 Fed. Reg. 28965), or the wetlands
reserve program under subchapter C of chapter 1 of 20 subtitle
D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837
et seq.) for use in carrying out a project under the Plan shall
be credited toward the non-Federal share of the cost of the
project if the Secretary of Agriculture certifies that those
funds may be used for the purpose of the project under the
Plan. Each of these changes is intended to facilitate Army
Corps of Engineers participation in the Lake Champlain Basin
Program while retaining the current flexibility of the Lake
Champlain Basin Program.
TITLE III--MISCELLANEOUS
Sec. 301. Phase II Storm Water Program
SUMMARY AND DISCUSSION
This section of H.R. 1070 as amended provides that for
fiscal year 2003, States may choose to use funds made available
to carry out nonpoint source management programs under section
319 of the Federal Water Pollution Control Act (33 U.S.C. 1329)
for projects and activities related to the development or
implementation of the phase II of the stormwater program of the
Environmental Protection Agency established by the final rule
entitled, ``National Pollutant Discharge Elimination System--
Regulations for Revision of the Water Pollution Control Program
Addressing Storm Water Discharges'', promulgated by the
Administrator of the Environmental Protection Agency on
December 8, 1999 (64 Fed. 17 Reg. 68722). This section also
retains the section 319 fund eligibility of other activities
that are appropriate for section 319 funds and are within the
jurisdiction of a community that is required to obtain a
National Pollutant Discharge Elimination System (NPDES) permit
under phase II of the stormwater program.
Existing EPA interpretation of the Clean Water Act
prohibits States from using section 319 funding for addressing
permitted discharges. In letters to the committee, multiple
States expressed concern that the existing EPA interpretation
could potentially preclude the use of any section 319 funding
anywhere within the geographic jurisdiction of a community
requiring an NPDES permit under the phase II stormwater
regulations. In some States, this could mean the virtual
exclusion of that State from the ability to use section 319
funds. This situation could negatively impact the progress in
reducing nonpoint source pollution, which remains one of the
nation's most important hurdles in meeting our clean water
goals.
The committee is aware that the EPA is in the process of
reevaluating their current interpretation of the Clean Water
Act on this issue. However, the phase II stormwater regulations
take effect in March of 2003. It is unclear if the EPA's
reevaluation of this policy will be complete before that
deadline. The committee intends for section 301 of this bill to
be a 1-year solution. During the 108th Congress, the committee
fully intends to review the results of the EPA's reevaluation
and any other pertinent issues surrounding the eligibility of
funding for communities required to obtain a permit under the
stormwater phase II rule for section 319. This section allows
the committee's review to take place without preventing these
communities from making progress in controlling their nonpoint
sources of pollution during fiscal year 2003.
Legislative History
H.R. 1070 was referred to the Committee on Environment and
Public Works on September 5, 2002. The committee considered and
amended the bill in a business meeting on September 26, 2002
and ordered the bill, as amended, reported to the Senate.
Senator Levin (D-MI) and Senator DeWine (R-OH) introduced
S. 2544, the Senate version of the Great Lakes Legacy Act of
2002, on May 22, 2002. It was referred to the Committee on
Environment and Public Works.
Senators Jeffords (I-VT), Leahy (D-VT), Clinton (D-NY), and
Schumer (D-NY) introduced S. 2928, the Daniel Patrick Moynihan
Lake Champlain Basin Program Act of 2002 on September 12, 2002.
It was referred to the Committee on Environment and Public
Works. The committee met to consider S. 2928 on September 26,
2002. A manager's amendment offered by Senator Jeffords was
agreed to by voice vote. The bill was reported out by voice
vote. The amended text of S. 2928 was included in the manager's
amendment to H.R. 1070 agreed to at the committee business
meeting on September 26, 2002.
Rollcall votes
The Committee on Environment and Public Works met to
consider H.R. 1070 on September 26, 2002. A manager's amendment
offered by Senator Jeffords was agreed to by voice vote.
An amendment by Senator Chafee to provide authority for
States to use nonpoint source program funds made available
under section 319 during the 2003 fiscal year for projects and
activities related to the development and implementation of the
phase II stormwater program was adopted by voice vote.
The committee favorably reported the bill by voice vote.
Regulatory Impact Statement
The bill does not create any additional regulatory burdens,
nor will it cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(2 U.S.C. note; P.L. 104-4), the committee finds that H.R. 1070
would impose no unfunded mandates on State, local, or tribal
governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 1, 2002.
Hon. James M. Jeffords, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1070, the Great
Lakes Legacy Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman, who can be reached at 226-2860.
Sincerely,
Dan L. Crippen.
----------
congressional Budget Office Cost Estimate
H.R. 1070, Great Lakes Legacy Act of 2002, as ordered reported by the
Senate Committee on Environment and Public Works on September
26, 2002
Summary
CBO estimates that implementing this legislation would cost
$390 million over the 2003-2007 period, assuming appropriation
of the specified amounts. H.R. 1070 would authorize the
Environmental Protection Agency (EPA), in conjunction with non-
Federal sponsors, to carry out projects aimed at cleaning up
certain areas of the Great Lakes where contamination has
settled into sediments at the bottom of the lakes. The bill
would authorize the appropriation of $250 million over the
2004-2008 period to EPA for that purpose. In addition, over the
same period, the bill would authorize the appropriation of $10
million for EPA to conduct research on the development and use
of innovative methods for cleaning up the Great Lakes and $25
million for EPA to conduct a public information program that
would address concerns over contaminated sediment. Also, this
legislation would authorize the appropriation of $200 million
over the 2004-2008 period for the Great Lakes National Program
Office to support demonstration projects on controlling and
removing toxic pollutants from the Great Lakes, nutrient
monitoring at the Great Lakes, and related research.
H.R. 1070 also includes the Daniel Patrick Moynihan Lake
Champlain Basin Program Act of 2002, which would establish the
Lake Champlain Basin Program and authorize the appropriation of
$55 million over the 2003-2007 period for EPA, the Department
of the Interior, the Department of Commerce, and the Department
of Agriculture. Such funds would be used by the various
agencies to support efforts to improve the environmental
quality of the Lake Champlain Basin.
H.R 1070 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on State, local, or tribal governments.
Estimated Cost to the Federal Government
CBO estimates that implementing the bill would cost $390
million over the 2003-2007 period, assuming appropriation of
the amounts authorized for each year. Another $150 million
would be spent in subsequent years. The estimated budgetary
impact of H.R. 1070 for the first 5 years is shown in the
following table. The costs of this legislation fall within
budget function 300 (natural resources and environment).
By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
2003 2004 2005 2006 2007
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO
APPROPRIATION\1\
EPA Funding for Clean-up
Projects:
Authorization Level......... 0 50 50 50 50
Estimated Outlays........... 0 25 40 48 50
Research and Development:
Authorization Level......... 0 2 2 2 2
Estimated Outlays........... 10 2 2 2 2
Public Information Program:
Authorization Level......... 0 5 5 5 5
Estimated Outlays........... 0 5 5 5 5
Great Lakes National Program
Office:
Authorization Level......... 0 40 40 40 40
Estimated Outlays........... 0 26 38 40 40
Lake Champlain Basin Program:
Authorization Level......... 11 11 11 11 11
Estimated Outlays........... 11 11 11 11 11
Total:
Authorization Level......... 11 108 108 108 108
Estimated Outlays........... 11 69 96 106 108
------------------------------------------------------------------------
\1\ EPA has not yet received a full-year appropriation for 2003. The
Great Lakes National Program Office and the Lake Champlain Basin
Management Conference received an appropriation of $18 million in
2002.
Intergovernmental and Private-Sector Impact
H.R 1070 contains no intergovernmental or private-sector
mandates as defined in UMRA. This bill would benefit Great
Lakes States by authorizing appropriations for grants to
conduct projects that lead to remediation of sediment
contamination in certain areas in the
Great Lakes. States in the Lake Champlain basin would
benefit from grants authorized to implement a plan to improve
the environmental integrity of the Lake Champlain watershed.
Any costs to participants in these programs would be incurred
voluntarily.
Previous CBO Estimate
On July 3, 2002, CBO transmitted a cost estimate for H.R.
1070, as ordered reported by the House Committee on
Transportation and Infrastructure on June 26, 2002. The Senate
version of H.R. 1070, unlike the House version, would authorize
the appropriation of
$55 million over the 2003-2007 period for the Lake
Champlain Basin Program. In addition, the Senate version would
authorize appropriations totaling $485 million over the 2004-
2008 period for activities related to the Great Lakes, while
the House version would authorize a total appropriation of $260
million over the 2003-2007 period.
Estimate Prepared By: Federal Costs: Susanne S. Mehlman (226-
2860); Impact on State, Local, and Tribal Governments: Susan
Sieg Tompkins (225-3220); Impact on the Private Sector: Cecil
McPherson (226-2940)
Estimate Approved By: Robert A. Sunshine, Assistant Director
for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
----------
FEDERAL WATER POLLUTION CONTROL ACT
(33 U.S.C. 1251 et seq.)
AN ACT To provide for water pollution control activities in the Public
Health Service of the Federal Security Agency and in the Federal Works
Agency, and for other purposes.
* * * * * * *
SEC. 118. GREAT LAKES.
(a) * * *
* * * * * * *
(c) Great Lakes Management._
(1) * * *
* * * * * * *
(12) Remediation of sediment contamination in areas
of concern.--
(A) Definition of qualified project.--In
this paragraph, the term ``qualified project''
means a project, to be carried out in an area
of concern located wholly or in part in the
United States, to--
(i) monitor or evaluate
contaminated sediment, including
conducting a site characterization;
(ii) remediate contaminated
sediment (including disposal of the
contaminated sediment); or
(iii) prevent further or renewed
contamination of sediment.
(B) Projects.--The Administrator, acting
through the Program Office and in coordination
with the Office of Research and Development of
the Agency, may carry out qualified projects
under this paragraph.
(C) Priority.--In carrying out this
paragraph, the Administrator shall give
priority to a qualified project that--
(i) consists of remedial action for
contaminated sediment;
(ii) has been identified in a
Remedial Action Plan that is--
(I) submitted under
paragraph (3); and
(II) ready to be
implemented;
(iii) will use an innovative
approach, technology, or technique for
remediation; or
(iv) includes remediation to be
commenced not later than 1 year after
the receipt of funds for the project.
(D) Limitations.--The Administrator may not
carry out a qualified project described in
clause (ii) or (iii) of subparagraph (A)--
(i) that is located in an area of
concern that the Administrator
determines is likely to suffer
significant further or renewed sediment
contamination from sources of
pollutants after the completion of the
qualified project; or
(ii) at a site that has not had a
thorough site characterization.
(E) Non-federal matching requirement.--
(i) In general.--The non-Federal
share of the cost of a qualified
project carried out under this
paragraph shall be not less than 35
percent.
(ii) In-kind contributions.--The
non-Federal share of the cost of a
qualified project carried out under
this paragraph may include the value of
in-kind services contributed by a non-
Federal sponsor.
(iii) Operation and maintenance.--
The non-Federal share of the cost of
the operation and maintenance of a
qualified project carried out under
this paragraph shall be 100 percent.
(F) Coordination.--In carrying out
qualified projects under this paragraph, the
Administrator shall coordinate with the
Secretary of the Army, and with the Governors
of States in which qualified projects assisted
under this paragraph are located, to ensure
that Federal and State assistance for
remediation in areas of concern is used as
efficiently as practicable.
(G) Authorization of appropriations.--
(i) In general.--In addition to
other amounts authorized to be
appropriated 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
appropriated under clause (i) shall
remain available until expended.
(13) Research and development program.--
(A) In general.--The Administrator, in
coordination with other Federal and local
officials, shall conduct research on the
development and use of innovative approaches,
technologies, and techniques for the
remediation of sediment contamination in areas
of concern in the Great Lakes.
(B) Authorization of appropriations.--
(i) In general.--In addition to
amounts authorized to be appropriated
under other law, there is authorized to
be appropriated to carry out this
paragraph $2,000,000 for each of fiscal
years 2004 through 2008.
(ii) Availability.--Funds
appropriated under clause (i) shall
remain available until expended.
(14) Public information program.--
(A) In general.--The Administrator, acting
through the Program Office and in coordination
with the Office of Research and Development of
the Agency, States, Indian tribes, local
governments, and other entities, may carry out
a public information program to provide--
(i) information relating to the
remediation of contaminated sediment to
the public in areas of concern that
are--
(I) located wholly within
the United States; or
(II) shared with Canada;
and
(ii) local coordination and
organization in those areas.
(B) Authorization of appropriations.--There
is authorized to be appropriated to carry out
this paragraph $5,000,000 for each of fiscal
years 2004 through 2008.
* * * * * * *
(g) Relationship to Existing Federal and State Laws and
International Treaties.--Nothing in this section shall be
construed 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 ,
including 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 $11,000,000 per fiscal year for
the fiscal years 1987, 1988, 1989, and 1990, and $25,000,000
for fiscal year 1991.] There is authorized to be appropriated
to carry out this section $40,000,000 for each of fiscal years
2004 through 2008. Of the amounts appropriated each fiscal
year--
* * * * * * *
WATER RESOURCES DEVELOPMENT ACT OF 2000
[Public Law 106-541]
* * * * * * *
[Lake Champlain Management Conference
Sec. 120. (a) Establishment.--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 the date of enactment of this
section.
[(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 the date of enactment of this section, 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.--(1) \1\ 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.
---------------------------------------------------------------------------
\1\ So in law. No paragraph (2). See P.L. 101-596, sec. 303, 104
Stat. 3006.
---------------------------------------------------------------------------
[(e) Pollution Prevention, Control, and Restoration Plan.--
(1) Not later than three years after the date of the enactment
of this section, the Management Conference shall publish a
pollution prevention, control, and restoration plan (hereafter
in this section referred to as the ``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; and
[(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.
[(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 319(h) of this Act and such plan shall be deemed to be
an approved comprehensive conservation and management plan
pursuant to section 320 of this Act.
[(f) Grant Assistance.--(1) The Administrator may, in
consultation with the Management Conference, 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 of
the Plan and for retaining expert consultants in support of
litigation undertaken by the State of New York and the State of
Vermont to compel cleanup or obtain cleanup damage costs from
persons responsible for pollution of Lake Champlain.
[(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) Definition.--For the purposes of this section, the
term ``Lake Champlain drainage basin'' means all or part of
Clinton, Franklin, Warren, Essex, and Washington counties in
the State of New York and all or part of Franklin, Grand Isle,
Chittenden, Addison, Rutland, 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.
[(h) Statutory Interpretation.--Nothing in this section
shall be construed so as to affect the jurisdiction or powers
of--
[(1) any department or agency of the Federal
Government or any State government; or
[(2) any international organization or entity
related to Lake Champlain created by treaty or
memorandum to which the United States is a signatory.
[(i) Authorization.--There are authorized to be
appropriated to the Environmental Protection Agency to carry
out this section $2,000,000 for each of fiscal years 1991,
1992, 1993, 1994, and 1995.]
SEC. 120. LAKE CHAMPLAIN BASIN PROGRAM.
(a) Definitions.--In this section:
(1) Committee.--The term `Committee' means the
steering committee of the program comprised of
representatives of Federal, State, and local
governments and other persons, as specified in the
Plan.
(2) Lake champlain basin.--
(A) In general.--The term `Lake Champlain
basin' means all water and land resources in
the United States in the drainage basin of Lake
Champlain.
(B) Inclusions.--The term `Lake Champlain
basin' includes--
(i) Clinton, Essex, Franklin,
Hamilton, Warren, and Washington
counties in the State of New York; and
(ii) Addison, Bennington,
Caledonia, Chittenden, Franklin, Grand
Isle, Lamoille, Orange, Orleans,
Rutland, and Washington counties in the
State of Vermont.
(3) Plan.--The term `Plan' means the plan entitled
`Opportunities for Action: An Evolving Plan for the
Future of the Lake Champlain Basin', approved by Lake
Champlain Steering Committee on January 30, 2002, that
describes the actions necessary to protect and enhance
the environmental integrity and the social and economic
benefits of the Lake Champlain basin.
(4) Program.--The term `program' means the Lake
Champlain Basin Program established by subsection
(b)(1).
(b) Establishment.--
(1) In general.--There is established a program to
be known as the `Lake Champlain Basin Program'.
(2) Purposes.--The purposes of the program are--
(A) to protect and enhance the
environmental integrity and social and economic
benefits of the Lake Champlain basin; and
(B) to achieve the environmental goals
described in the Plan, including--
(i) the reduction of phosphorous
inputs to Lake Champlain from point
sources and nonpoint sources so as to--
(I) promote a healthy and
diverse ecosystem; and
(II) provide for
sustainable human use and
enjoyment of Lake Champlain;
(ii) the reduction of toxic
contamination, such as contamination by
mercury and polychlorinated biphenyls,
to protect public health and the
ecosystem of the Lake Champlain basin;
(iii) the control of the
introduction, spread, and impacts of
nonnative nuisance species to preserve
the integrity of the ecosystem of the
Lake Champlain basin;
(iv) the minimization of risks to
humans from water-related health
hazards in the Lake Champlain basin,
including through the protection of
sources of drinking water in the Lake
Champlain basin;
(v) the restoration and maintenance
of a healthy and diverse community of
fish and wildlife in the Lake Champlain
basin;
(vi) the protection and restoration
of wetland, streams, and riparian
habitat in the Lake Champlain basin,
including functions and values provided
by those areas;
(vii) the management of Lake
Champlain, including shorelines and
tributaries of Lake Champlain, to
achieve--
(I) the protection of
natural and cultural resources
of Lake Champlain; and
(II) the maintenance of
recreational uses of Lake
Champlain;
(viii) the protection of recreation
and cultural heritage resources of the
Lake Champlain basin;
(ix) the continuance of the Lake
Champlain long-term water quality and
biological monitoring program; and
(x) the promotion of healthy and
diverse economic activity and
sustainable development principles in
the Lake Champlain basin.
(c) Implementation.--The Committee, in consultation with
appropriate heads of Federal agencies, shall implement the
program.
(d) Revision of Plan.--At least once every 5 years, the
Committee shall review and, as necessary, revise the Plan.
(e) Grants.--
(1) In general.--Subject to paragraph (2), the
Administrator may, in consultation with the Committee,
make grants, for the purpose of implementing the
management strategies contained in the Plan, to--
(A) State, interstate, and regional water
pollution control agencies; and
(B) public or nonprofit agencies,
institutions, and organizations.
(2) Cost sharing.--The Federal share of the cost of
any activity carried out using funds from a grant
provided under this subsection shall not exceed 75
percent.
(3) Additional requirements.--The Administrator may
establish such additional requirements for the
administration of grants provided under this subsection
as the Administrator determines to be appropriate.
(f) Coordination of Federal Programs.--
(1) Agriculture.--The Secretary of Agriculture
shall support the implementation of the program by
providing financial and technical assistance relating
to best management practices for controlling nonpoint
source pollution, particularly with respect to
preventing pollution from agricultural activities.
(2) Interior.--
(A) Geological survey.--The Secretary of
the Interior, acting through the United States
Geological Survey, shall support the
implementation of the program by providing
financial, scientific, and technical assistance
and applicable watershed research, such as--
(i) stream flow monitoring;
(ii) water quality monitoring;
(iii) evaluation of effectiveness
of best management practices;
(iv) research on the transport and
final destination of toxic chemicals in
the environment; and
(v) development of an integrated
geographic information system for the
Lake Champlain basin.
(B) Fish and wildlife.--The Secretary of
the Interior, acting through the Director of
the United States Fish and Wildlife Service and
in cooperation with the Committee, shall
support the implementation of the program by--
(i) supporting the protection and
restoration of wetland, streams,
aquatic, and riparian habitat;
(ii) supporting restoration of
interjurisdictional fisheries and
declining aquatic species in the Lake
Champlain watershed through--
(I) propagation of fish in
hatcheries; and
(II) continued advancement
in fish culture and aquatic
species management technology;
(iii) supporting the control and
management of aquatic nuisance species
that have adverse effects on--
(I) fisheries; or
(II) the form, function, or
structure of the ecosystem of
the Lake Champlain basin;
(iv) providing financial and
technical assistance in accordance with
the Fish and Wildlife Coordination Act
(16 U.S.C. 661 et seq.) to private
landowners seeking to improve fish and
wildlife habitat, a goal of which is--
(I) restoration of full
function to degraded habitat;
(II) enhancement of
specific habitat functions; or
(III) establishment of
valuable fish and wildlife
habitat that did not previously
exist on a particular parcel of
real property; and
(v) taking other appropriate action
to assist in implementation of the
Plan.
(C) National parks.--The Secretary of the
Interior, acting through the Director of the
National Park Service, shall support the
implementation of the program by providing,
through the use of funds in the National
Recreation and Preservation Appropriation
account of the National Park Service, financial
and technical assistance for programs
concerning cultural heritage, natural
resources, recreational resources, or other
programs consistent with the mission of the
National Park Service that are associated with
the Lake Champlain basin, as identified in the
Plan.
(3) Commerce.--The Secretary of Commerce, acting
through the Under Secretary for Oceans and Atmosphere,
shall support the implementation of the program by
providing financial and technical assistance, through
the national sea grant program of the Department of
Commerce, for--
(A) research;
(B) management of fisheries and other
aquatic resources;
(C) related watershed programs; and
(D) other appropriate action to assist in
implementation of the Plan.
(g) No Effect on Other Authority.--Nothing in this section
affects the authority of--
(1) any Federal or State agency; or
(2) any international entity relating to Lake
Champlain established by an international agreement to
which the United States is a party.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $11,000,000 for
each of fiscal years 2003 through 2007, of which--
(1) $5,000,000 shall be made available to the
Administrator;
(2) $3,000,000 shall be made available to the
Secretary of the Interior;
(3) $1,000,000 shall be made available to the
Secretary of Commerce; and
(4) $2,000,000 shall be made available to the
Secretary of Agriculture.
* * * * * * *
SEC. 542. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.
[(a) Definitions.--In this section, the following
definitions apply:
[(1) Critical restoration project.--The term
``critical restoration project'' means a project that
will produce, consistent with Federal programs,
projects, and activities, immediate and substantial
ecosystem restoration, preservation, and protection
benefits.
[(2) Lake champlain watershed.--The term ``Lake
Champlain watershed'' means--
[(A) the land areas]
(a) Definition of Lake Champlain Watershed.--In this
section, the term `Lake Champlain watershed' means--
(1) the land areas within Addison, Bennington,
Caledonia, Chittenden, Franklin, Grand Isle, Lamoille,
Orange, Orleans, Rutland, and Washington Counties in
the State of Vermont; and
[(B)(i) the]
(2)(A) the land areas that drain into Lake
Champlain and that are located within Essex, Clinton,
Franklin, Hamilton, Warren, and Washington Counties in
the State of New York; and
[(ii) the]
(B) the near-shore areas of Lake Champlain within
the counties referred to in subparagraph (A).
(b) [Critical Restoration Projects] Ecosystem Restoration
Program.--
(1) In general.--The Secretary may [participate in]
provide design and construction assistance to non-
Federal interests for [critical restoration] ecosystem
restoration projects in the Lake Champlain watershed.
(2) Types of projects.--[A] An [critical
restoration] ecosystem restoration project shall be
eligible for assistance under this section if the
[critical restoration] ecosystem restoration project
consists of--
(A) implementation of an intergovernmental
agreement for coordinating regulatory and
management responsibilities with respect to the
Lake Champlain watershed;
(B) acceleration of whole farm planning to
implement best management practices to maintain
or enhance water quality and to promote
agricultural land use in the Lake Champlain
watershed;
(C) acceleration of whole community
planning to promote intergovernmental
cooperation in the regulation and management of
activities consistent with the goal of
maintaining or enhancing water quality in the
Lake Champlain watershed;
(D) natural resource stewardship activities
on public or private land to promote land uses
that--
(i) preserve and enhance the
economic and social character of the
communities in the Lake Champlain
watershed; and
(ii) protect and enhance water
quality; or
(E) any other activity determined by the
Secretary to be appropriate, including remote
sensing and the development of a geographic
information system for the Lake Champlain basin
by the Cold Regions Research and Engineering
Laboratory.
(c) Public Ownership Requirement.--The Secretary may
provide [assistance for a] design and construction assistance
for an [critical restoration] ecosystem restoration project
under this section only if--
(1) the [critical restoration] ecosystem
restoration project is publicly owned; or
(2) the non-Federal interest with respect to the
[critical restoration] ecosystem restoration project
demonstrates that the [critical restoration] ecosystem
restoration project will provide a substantial public
benefit in the form of ecosystem restoration or water
quality improvement.
(d) Project Selection.--
[(1) In general.--In consultation with the Lake
Champlain Basin Program and the heads of other
appropriate Federal, State, tribal, and local agencies,
the Secretary may--
[(A) identify [critical restoration]
ecosystem restoration projects in the Lake
Champlain watershed; and
[(B) carry out the [critical restoration]
ecosystem restoration projects after entering
into an agreement with an appropriate non-
Federal interest in accordance with section 221
of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b) and this section.
[(2) Certification.--
[(A) In general.--A]
(d) Criteria for Eligibility.--
(1) In general.--An [critical restoration]
ecosystem restoration project shall be eligible for
financial assistance under this section only if the
appropriate State official for the [critical
restoration] ecosystem restoration project certifies to
the Secretary that the [critical restoration] ecosystem
restoration project will contribute to the protection
and enhancement of the quality or quantity of the water
resources of the Lake Champlain watershed.
[(B) Special]
(2) Special consideration.--In certifying [critical
restoration] ecosystem restoration projects to the
Secretary, the appropriate State officials shall give
special consideration to projects that implement plans,
agreements, and measures that preserve and enhance the
economic and social character of the communities in the
Lake Champlain watershed.
(e) Cost Sharing.--
(1) In general.--Before providing assistance under
this section with respect [to a] to an [critical
restoration] ecosystem restoration project, the
Secretary shall enter into a [project] project (which
assistance may include the provision of funds through
the Lake Champlain Basin Program), cooperation
[agreement that shall require the non-Federal interest]
agreement that is in accordance with section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b) and
under which the non-Federal interest agrees--
(A) to pay 35 percent of the total costs of
the project;
(B) to provide any land, easements, rights-
of-way, dredged material disposal areas, and
relocations necessary to carry out the project;
(C) to pay 100 percent of the operation,
maintenance, repair, replacement, and
rehabilitation costs associated with the
project; and
(D) to hold the United States harmless from
any claim or damage that may arise from
carrying out the project, except any claim or
damage that may arise from the negligence of
the Federal Government or a contractor of the
Federal Government.
(2) Non-federal share.--
(A) Credit for design work.--The non-
Federal interest shall receive credit for the
reasonable costs of design work carried out by
the non-Federal interest before the date of
execution of a project cooperation agreement
for the [critical restoration] ecosystem
restoration project, if the Secretary finds
that the design work is integral to the
project.
(B) Credit for land, easements, and rights-
of-way.--The Secretary shall credit the non-
Federal interest for the value of any land,
easement, right-of-way, dredged material
disposal area, or relocation provided for
carrying out the project.
(C) Form.--The non-Federal interest may
provide up to [50] 100 percent of the non-
Federal share in the form of services,
materials, supplies, or other in-kind
contributions.
(3) Credit for agricultural conservation.--Funds
provided to a non-Federal interest under the
conservation reserve enhancement program of the
Department of Agriculture announced on May 27, 1998 (63
Fed. Reg. 28965), or the wetlands reserve program under
subchapter C of chapter 1 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3837 et seq.),
for use in carrying out a project under the Plan shall
be credited toward the non-Federal share of the cost of
the project if the Secretary of Agriculture certifies
that those funds may be used for the purpose of the
project under the Plan.
(f) Applicability of other federal and state laws.--Nothing
in this section waives, limits, or otherwise affects the
applicability of Federal or State law with respect to a project
carried out with assistance provided under this section.
(g) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000, to
remain available until expended.