[Senate Report 107-339]
[From the U.S. Government Publishing Office]
Calendar No. 752
107th Congress Report
SENATE
2d Session 107-339
======================================================================
DANIEL PATRICK MOYNIHAN LAKE CHAMPLAIN BASIN PROGRAM ACT OF 2002
_______
November 13, 2002.--Ordered to be printed
_______
Mr. Jeffords, from the Committee on Environment and Public Works,
submitted the following
[to accompany S. 2928]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 2928) to amend the Federal Water Pollution
Control Act and the Water Resources Development Act of 2000 to
modify provisions relating to the Lake Champlain basin, having
considered the same, reports favorably thereon with amendments
and recommends that the bill, as amended, do pass.
General Statement, Background, and Objectives
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 invasions of
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. 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 in 2002.
Section-by-Section Analysis
Section 1. Short Title
``Daniel Patrick Moynihan Lake Champlain Basin Program Act
of 2002.''
Sec. 2. 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 bill. 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 this
Plan.
The Lake Champlain Management Conference, first authorized
by the Lake Champlain Special Designation Act of 1990 (33
U.S.C. 1270 note; Public Law 101-596), completed the first plan
in 1996. Since that time, the Management Conference evolved
into the Lake Champlain Basin Program. This section
specifically authorizes the Lake Champlain Basin Program. This
section establishes the purposes of the program:
2 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.
2This section designates the Lake Champlain Steering
Committee as the implementing body for the Plan. The Steering
Committee is made up of representatives from Federal, State,
and local agencies as well as interested stakeholders. It
provides a forum for consensus building on prioritization and
implementation of priorities in the Plan. The committee intends
for the current processes at the Steering Committee to continue
to ensure smooth and effective implementation of the Plan.
This section requires the Steering Committee to review and,
as necessary, revise the Plan 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; Public Law 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 non-point 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 3 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 bill 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.
Sec. 3. Lake Champlain Watershed, Vermont and New York
This section makes technical changes to section 542 of
Public Law 106-541, 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 through the Lake Champlain Basin Program when
providing assistance for ecosystem restoration projects. 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.) or the wetlands reserve
program 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.
Legislative History
Senators Jeffords, Leahy, Clinton, and Schumer 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. No hearing was
held on the bill. 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.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 2928 on September 26, 2002. A manager's amendment
offered by Senator Jeffords was agreed to 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
(Public Law 104-4), the committee finds that S. 2928 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 2, 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 S. 2928, the Daniel
Patrick Moynihan Lake Champlain Basin Program Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Susanne S.
Mehlman (for Federal costs), who can be reached at 226-2860,
Susan Seig Tompkins (for the State and local impact), who can
be reached at 225-3220, and Cecil McPherson (for the private-
sector impact), who can be reached at 226-2940.
Sincerely,
Dan L. Crippen.
----------
S. 2928 Daniel Patrick Moynihan Lake Champlain Basin Program Act of
2002, as ordered reported by the Senate Committee on
Environment and Public Works on September 26, 2002
Summary
S. 2928 would establish the Lake Champlain Basin Program to
protect the Lake Champlain basin region from environmental
damage. This legislation would authorize the appropriation of
$55 million over the 2003-2007 period for the Environmental
Protection Agency (EPA), the Department of the Interior, the
Department of Commerce, and the Department of Agriculture. EPA
would use these funds to make grants to States, regional water
pollution control agencies, and other public and nonprofit
agencies to support the implementation of management strategies
for protecting the environmental integrity of the Lake
Champlain basin region. The other agencies would use these
funds to provide financial and technical assistance, such as
water quality monitoring and management of fisheries and other
aquatic resources.
CBO estimates that implementing this legislation would cost
$55 million over the 2003-2007 period, assuming appropriation
of the specified amounts. Enacting the bill would not affect
direct spending or revenues. S. 2928 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) 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 $55
million over the 2003-2007 period, assuming appropriation of
the amounts authorized for each year. Those estimated outlays
are based on historical spending patterns for similar
activities. The estimated budgetary impact of S. 2928 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
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Lake Champlain Basin Program:
Authorization Level............................................ 11 11 11 11 11
Estimated Outlays.............................................. 11 11 11 11 11
----------------------------------------------------------------------------------------------------------------
\1\ EPA has not yet received a full-year appropriation for 2003. The Lake Champlain Basin Management Conference
received an appropriation of $3 million in 2002.
Intergovernmental and Private-Sector Impact
S. 2928 contains no intergovernmental or private-sector
mandates as defined in UMRA. 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 October 1, 2002, CBO transmitted a cost estimate for
H.R. 1070, the Great Lakes Legacy Act of 2002, as ordered
reported by the Senate Committee on Environment and Public
Works on September 26, 2002. The Daniel Patrick Moynihan Lake
Champlain Basin Program Act of 2002 was included in that
version of H.R. 1070, which would authorize the appropriation
of $55 million over the 2003-2007 period.
Estimate Prepared By: Federal Costs: Susanne S. Mehlman; Impact
on State, Local, and Tribal Governments: Susan Sieg Tompkins;
Impact on the Private Sector: Cecil McPherson.
Estimate Approved By: Peter H. Fontaine, Deputy 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.
* * * * * * *
[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.
* * * * * * *
WATER RESOURCES DEVELOPMENT ACT OF 2000
[Public Law 106-541]
* * * * * * *
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.
* * * * * * *