[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2928 Reported in Senate (RS)]






                                                       Calendar No. 752
107th CONGRESS
  2d Session
                                S. 2928

                          [Report No. 107-339]

    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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2002

 Mr. Jeffords (for himself, Mr. Leahy, Mrs. Clinton, and Mr. Schumer) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

                           November 13, 2002

               Reported by Mr. Jeffords, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Daniel Patrick Moynihan Lake 
Champlain Basin Program Act of 2002''.

SEC. 2. LAKE CHAMPLAIN BASIN PROGRAM.

    Title I of the Federal Water Pollution Control Act is amended by 
striking section 120 (33 U.S.C. 1270) and inserting the following:

``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 of 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. 3. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.

    Section 542 of the Water Resources Development Act of 2000 (114 
Stat. 2671) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a)'' and all that follows 
                through ``(A) the land areas'' and inserting the 
                following:
    ``(a) Definition of Lake Champlain Watershed.--In this section, the 
term `Lake Champlain watershed' means--
            ``(1) the land areas'';
                    (B) by striking ``(B)(i) the'' and inserting the 
                following:
            ``(2)(A) the'';
                    (C) by striking ``(ii) the'' and inserting the 
                following:
            ``(B) the'';
                    (D) in paragraph (2)(A) (as redesignated by 
                subparagraph (B)), by inserting ``Hamilton,'' after 
                ``Franklin,''; and
                    (E) in paragraph (2)(B) (as redesignated by 
                subparagraph (C)), by striking ``clause (i)'' and 
                inserting ``subparagraph (A)'';
            (2) in subsections (b) through (e), by striking ``critical 
        restoration'' each place it appears and inserting ``ecosystem 
        restoration'';
            (3) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Critical Restoration Projects'' and inserting 
                ``Ecosystem Restoration Program'';
                    (B) in paragraph (1), by striking ``participate 
                in'' and inserting ``provide design and construction 
                assistance to non-Federal interests for''; and
                <DELETED>    (C) in paragraph (2), by striking ``A'' 
                and inserting ``An'';</DELETED>
                    (C) in paragraph (2)--
                            (i) by striking ``A'' and inserting ``An''; 
                        and
                            (ii) in subparagraph (E), by inserting 
                        before the period at the end the following: ``, 
                        including remote sensing and the development of 
a geographic information system for the Lake Champlain basin by the 
Cold Regions Research and Engineering Laboratory'';
            (4) in subsection (c)--
                    (A) by striking ``assistance for a'' and inserting 
                ``design and construction assistance for an''; and
                    (B) in paragraph (2), by inserting ``ecosystem 
                restoration or'' after ``form of'';
            (5) in subsection (d)--
                    (A) by striking ``(d)'' and all that follows 
                through ``(A) In general.--A'' and inserting the 
                following:
    ``(d) Criteria for Eligibility.--
            ``(1) In general.--An''; and
                    (B) by striking ``(B) Special'' and inserting the 
                following:
            ``(2) Special''; and
        <DELETED>    (6) in subsection (e)(1)--</DELETED>
                <DELETED>    (A) by striking ``to a'' and inserting 
                ``to an''; and</DELETED>
                <DELETED>    (B) by striking ``agreement that shall 
                require the non-Federal interest'' and inserting the 
                following: ``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''.</DELETED>
            (6) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) by striking ``to a'' and inserting ``to 
                        an'';
                            (ii) by striking ``project,'' and inserting 
                        ``project (which assistance may include the 
                        provision of funds through the Lake Champlain 
                        Basin Program),''; and
                            (iii) by striking ``agreement that shall 
                        require the non-Federal interest'' and 
                        inserting the following: ``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'';
                    (B) in paragraph (2)(C), by striking ``50'' and 
                inserting ``100''; and
                    (C) by adding at the end the following:
            ``(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.''.
                                                       Calendar No. 752

107th CONGRESS

  2d Session

                                S. 2928

                          [Report No. 107-339]

Rule___________________________________________________________________

                                 A BILL

    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.

Rule___________________________________________________________________

                           November 13, 2002

                        Reported with amendments