[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3045 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3045

  To amend the Federal Water Pollution Control Act to provide for the 
   protection and enhancement of the environmental integrity and the 
social and economic benefits of the Finger Lakes Region in the State of 
                               New York.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 3, 2002

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

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Water Pollution Control Act to provide for the 
   protection and enhancement of the environmental integrity and the 
social and economic benefits of the Finger Lakes Region in the State of 
                               New York.

    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 ``Finger Lakes Initiative Act of 
2002''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Finger Lakes Region in central New York State 
        features freshwater, glacier-formed lakes that provide 
        important ecological, biodiversity, and economic benefits to 
        the Finger Lakes Region, the State of New York, and the United 
        States as a whole;
            (2) the environmental attributes and benefits of the Finger 
        Lakes Region are key to attracting visitors to the Region;
            (3) with their scenic beauty and high quality of life, the 
        communities of the Finger Lakes have become a magnet for 
        thousands of people and a burgeoning tourism industry;
            (4) a strong and healthy environment in the Finger Lakes 
        Region is also critical to maintaining the agricultural 
        productivity of the Region;
            (5)(A) agriculture is a significant activity in the Finger 
        Lakes Region;
            (B) more than 8000 farms are located in the Finger Lakes 
        Region; and
            (C) according to the 1997 Census of Agriculture conducted 
        by the Department of Agriculture, nearly $800,000,000 worth of 
        agricultural commodities were produced in the Finger Lakes 
        Region;
            (6) the Finger Lakes Region--
                    (A) produces a wide variety of food for the United 
                States; and
                    (B) supports numerous restaurants, wine trails, and 
                farmers' markets;
            (7) the Finger Lakes provide a clean and reliable source of 
        drinking water for numerous municipalities, including 
        Rochester, Syracuse, and Auburn, New York;
            (8) the Finger Lakes serve as critical habitat for 
        migratory waterfowl and shorebirds, including 1 of the largest 
        concentrations of migratory birds in the entire Northeast at 
        the Northern Montezuma Wetlands Complex;
            (9) the Finger Lakes Region supports a diversity of 
        populations of Federal- and State-listed threatened and 
        endangered species, including the bald eagle, bog turtle, 
        timber rattlesnake, lake sturgeon, black tern, least bittern, 
        queen snake, Indiana bat and pied-billed grebe;
            (10) the natural ecology and nationally significant 
        biodiversity of the Finger Lakes is under stress in that--
                    (A) water quality is being degraded;
                    (B) urban and suburban sprawl is slowly destroying 
                prime farmland and vineyards;
                    (C) important fisheries are being negatively 
                affected; and
                    (D) invasive species are altering the ecological 
                balance in the Finger Lakes;
            (11) the manipulation of water flows in the Finger Lakes 
        Region is putting communities at risk of flood damage;
            (12) the United States Fish and Wildlife Service and the 
        United States Geological Survey have issued a preliminary 
        report that identifies 3 primary watershed issues, consisting 
        of--
                    (A) degraded water quality;
                    (B) degraded fish and wildlife habitat; and
                    (C) danger of flooding;
            (13) other Federal, State, and regional agencies, local 
        governments, and local organizations have been working to 
        protect and preserve the Finger Lakes;
            (14) despite widespread interest in the environmental 
        condition of the Finger Lakes, monitoring, study, and 
        protection activities have been largely uncoordinated and 
        underfunded;
            (15) to help maintain the Finger Lakes as an ecological and 
        economic resource for the Finger Lakes Region, the State of New 
        York, and the United States, a comprehensive environmental 
        protection and resource management plan for the Finger Lakes 
        Region needs to be developed and implemented; and
            (16) the comprehensive plan should be developed and 
        implemented with the input, participation, and cooperation of 
        all interested parties, including--
                    (A) Federal, State, and local experts; and
                    (B) representatives of all interested stakeholders.

SEC. 3. FINGER LAKES INITIATIVE.

    Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.) is amended--
            (1) by redesignating section 121 (as added by section 
        112(b) of the Miscellaneous Appropriations Act, 2001 (114 Stat. 
        2763, 2763A-225)), as section 122; and
            (2) by adding at the end the following:

``SEC. 123. FINGER LAKES INITIATIVE.

    ``(a) Definitions.--In this section:
            ``(1) Comprehensive plan.--The term `comprehensive plan' 
        means the comprehensive plan required to be developed and 
        published under subsection (d).
            ``(2) Finger lakes region.--The term `Finger Lakes Region' 
        means--
                    ``(A) Canandaigua Lake, Canadice Lake, Cayuga Lake, 
                Conesus Lake, Hemlock Lake, Honeoye Lake, Keuka Lake, 
                Otisco Lake, Owasco Lake, Seneca Lake, and Skaneateles 
                Lake in the State;
                    ``(B) all land and water in the watersheds of those 
                lakes, including the land and water in Cayuga, 
                Cortland, Livingston, Monroe, Onondaga, Ontario, 
                Schuyler, Seneca, Steuben, Tompkins, Wayne, and Yates 
                counties in the State that may affect those lakes;
                    ``(C) the Montezuma National Wildlife Refuge; and
                    ``(D) the Finger Lakes National Forest.
            ``(3) Initiative.--The term `Initiative' means the Finger 
        Lakes Initiative established by subsection (b)(1).
            ``(4) Management conference.--The term `Management 
        Conference' means the Finger Lakes Management Conference 
        established by subsection (c)(1).
            ``(5) State.--The term `State' means the State of New York.
    ``(b) Finger Lakes Initiative.--
            ``(1) Establishment.--There is established a program within 
        the Environmental Protection Agency to be known as the `Finger 
        Lakes Initiative'.
            ``(2) Purposes.--The purposes of the Initiative are--
                    ``(A) to protect and enhance the environmental 
                integrity and cultural and economic benefits of the 
                Finger Lakes Region; and
                    ``(B) to assist the Management Conference in 
                achieving its goals through the development and 
                implementation of the comprehensive plan.
    ``(c) Finger Lakes Management Conference.--
            ``(1) Establishment.--There is established the Finger Lakes 
        Management Conference to develop, carry out, and provide 
        assistance and recommendations with respect to the Initiative.
            ``(2) Duties.--The duties of the Management Conference 
        shall include--
                    ``(A) development, in accordance with subsection 
                (d), of a comprehensive plan for the Finger Lakes 
                Region;
                    ``(B) conduct of a research and education program 
                in accordance with subsection (e); and
                    ``(C) provision of financial and technical 
                assistance in accordance with subsection (f).
            ``(3) Initial meeting.--Not later than 90 days after the 
        date of enactment of this section, the Administrator, in 
        coordination with the Secretary of the Interior, shall convene 
        the initial meeting of the Management Conference.
            ``(4) Membership.--The Management Conference shall be 
        composed of individuals who shall be appointed by the 
        Administrator, in consultation with the Governor of the State 
        and the Members of Congress representing the Finger Lakes 
        Region, of whom--
                    ``(A) 1 member shall represent the Governor of the 
                State;
                    ``(B) 1 member shall represent each interested 
                Federal agency, including--
                            ``(i) the Environmental Protection Agency;
                            ``(ii) the Department of the Interior;
                            ``(iii) the Department of Agriculture; and
                            ``(iv) the Department of Commerce;
                    ``(C) 4 members shall represent members of the 
                State legislature that represent the Finger Lakes 
                Region;
                    ``(D) 6 members shall represent local governments 
                within the Finger Lakes Region; and
                    ``(E) 12 members shall represent within the Finger 
                Lakes Region--
                            ``(i) businesses;
                            ``(ii) regional planning agencies;
                            ``(iii) academic institutions;
                            ``(iv) lake association and homeowner 
                        organizations;
                            ``(v) environmental organizations;
                            ``(vi) agricultural interests (including 
                        local wineries);
                            ``(vii) economic development interests;
                            ``(viii) the tourism industry; and
                            ``(viii) Indian tribes.
            ``(5) Geographic distribution.--In appointing members of 
        the Management Conference, the Administrator shall ensure, to 
        the maximum extent practicable, diverse geographic 
        representation by the members, including at least 1 individual 
        representing each of the 11 Finger Lakes.
            ``(6) Cochairpersons.--The following members of the 
        Management Conference shall serve as cochairpersons of the 
        Management Conference:
                    ``(A) The member appointed under paragraph 
                (4)(B)(i) to represent the Environmental Protection 
                Agency.
                    ``(B) A member of the Management Conference 
                appointed under paragraph (4)(B)(E), as elected for 2-
                year term by a majority vote of the Management 
                Conference.
            ``(7) Technical advisory committee.--
                    ``(A) In general.--Not later than 120 days after 
                the date of enactment of this section, the Management 
                Conference shall appoint a technical advisory committee 
                to provide technical advice to the Management 
                Conference in carrying out the duties of the Management 
                Conference under this section.
                    ``(B) Membership.--The technical advisory committee 
                shall consist of officials of--
                            ``(i) appropriate Federal, State, regional, 
                        and local government agencies; and
                            ``(ii) public and private research 
                        institutions located in the Finger Lakes 
                        Region.
    ``(d) Comprehensive Plan.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of this section, the Management Conference shall 
        develop and make available to the public a comprehensive plan 
        to provide for the protection and enhancement of the 
        environmental integrity and the social and economic benefits of 
        the Finger Lakes Region.
            ``(2) Objectives.--The comprehensive plan developed under 
        paragraph (1) shall--
                    ``(A) identify actions and schedules for the 
                protection and maintenance in the Finger Lakes Region 
                of--
                            ``(i) the chemical, physical, and 
                        biological integrity of water;
                            ``(ii) native habitats and a balanced, 
                        indigenous population of shellfish, fish, and 
                        wildlife;
                            ``(iii) appropriate water levels; and
                            ``(iv) recreational and economic 
                        activities;
                    ``(B) promote--
                            ``(i) watershed planning;
                            ``(ii) air, water, wildlife, and habitat 
                        monitoring;
                            ``(iii) sustainable development and 
                        appropriate land-use planning; and
                            ``(iv) economic development and employment 
                        opportunities;
                    ``(C) incorporate environmental management and 
                economic development concepts and programs established 
                under Federal, State, regional, and local plans and 
                programs in effect at the time of development of the 
                comprehensive plan;
                    ``(D)(i) describe the duties of Federal and State 
                agencies in carrying out activities described in the 
                comprehensive plan; and
                    ``(ii) recommend a schedule for adoption by the 
                appropriate Federal and State agencies for carrying out 
                those duties within a reasonable period of time; and
                    ``(E) describe methods and schedules for funding of 
                programs, activities, and projects identified in the 
                comprehensive plan, including the use of Federal and 
                other sources of funds.
            ``(3) Public review and comment.--
                    ``(A) In general.--In cooperation with the 
                Management Conference, the Administrator shall provide 
                for public review and comment on the draft 
                comprehensive plan.
                    ``(B) Public meetings.--At a minimum, the 
                Management Conference shall conduct 4 public meetings 
                in the Finger Lakes Region to receive comments on the 
                draft comprehensive plan.
            ``(4) Approval by the administrator.--
                    ``(A) In general.--Not later than 120 days after 
                the date of release of the comprehensive plan to the 
                public under paragraph (1), the Administrator shall 
                approve the comprehensive plan if--
                            ``(i) the comprehensive plan meets the 
                        requirements of this subsection; and
                            ``(ii) the Governor of the State of New 
                        York concurs in approval of the comprehensive 
                        plan.
                    ``(B) Effect of approval.--Upon approval of the 
                comprehensive plan under subparagraph (A), the 
                comprehensive plan shall be deemed to be an approved 
                management program for the purposes of section 319(h).
            ``(5) Revision of plan.--At least once every 5 years, the 
        Management Conference shall review and, as necessary, revise 
        the Plan.
    ``(e) Research and Education.--
            ``(1) Establishment.--The Management Conference shall 
        establish an interdisciplinary environmental research and 
        education program for the Finger Lakes Region.
            ``(2) Finger lakes institute.--
                    ``(A) Establishment.--As part of the research and 
                education program, the Management Conference shall 
                support a Finger Lakes Institute at an academic 
                institution within the Finger Lakes Region.
                    ``(B) Purposes.--The purposes of the Institute 
                shall be, in collaboration with regional partners and 
                Federal, State, and local government offices--
                            ``(i) to promote environmental research on 
                        and education concerning the Finger Lakes and 
                        surrounding environments;
                            ``(ii) to advance scientific understanding 
                        about the environmental, hydrogeochemical, and 
                        ecological complexity and biodiversity of the 
                        Finger Lakes Region;
                            ``(iii) to serve as a clearinghouse for 
                        environmental information about the Finger 
                        Lakes Region;
                            ``(iv) to provide interdisciplinary 
                        training for environmental researchers, 
                        educators, and policymakers;
                            ``(v) to enhance understanding of 
                        environmental issues by regional policymakers 
                        and the general public;
                            ``(vi) to develop and disseminate 
                        educational resources and opportunities for 
                        education at all levels; and
                            ``(vii) to foster sound development 
                        practices throughout the Finger Lakes Region.
                    ``(C) Federal share.--The Federal share of the cost 
                of supporting the Institute, and of any project carried 
                out by the Institute under this section, shall not 
                exceed 75 percent.
    ``(f) Financial and Technical Assistance.--
            ``(1) In general.--In consultation with the Management 
        Conference, the Administrator may provide financial and 
        technical assistance to eligible entities described in 
        paragraph (2) to carry out a project to--
                    ``(A) conduct research, surveys, studies, modeling 
                work, and technical and supporting work (including 
                demonstration projects) necessary for development of 
                the comprehensive plan; and
                    ``(B) implement the approved comprehensive plan.
            ``(2) Eligible entities.--An eligible entity referred to in 
        paragraph (1) is--
                    ``(A) a State, regional, or local water pollution 
                control agency or water resources planning agency; and
                    ``(B) a public or nonprofit agency, institution, or 
                organization.
            ``(3) Cost sharing.--
                    ``(A) Federal share.--The Federal share of the 
                costs of carrying out projects described in paragraph 
                (1) shall not exceed 75 percent.
                    ``(B) Provision of non-federal share.--The non-
                Federal share--
                            ``(i) shall be provided from non-Federal 
                        sources; and
                            ``(ii) may be provided in the form of cash 
                        or in-kind contributions (including 
                        contributions of real or personal property).
            ``(4) Administration.--The Administrator may establish such 
        requirements for the administration of assistance under this 
        subsection as the Administrator determines to be appropriate.
    ``(g) Federal Program Coordination.--
            ``(1) In general.--Appropriate financial, scientific, and 
        technical assistance shall be provided for the Initiative and 
        the development and implementation of the comprehensive plan 
        under this section by--
                    ``(A) the Secretary of the Interior, acting 
                through--
                            ``(i) the Director of the United States 
                        Geological Survey;
                            ``(ii) the Director of the United States 
                        Fish and Wildlife Service; and
                            ``(iii) the Director of the National Park 
                        Service;
                    ``(B) the Secretary of Agriculture;
                    ``(C) the Secretary of Commerce, acting through--
                            ``(i) the Under Secretary for Oceans and 
                        Atmosphere; and
                            ``(ii) the Assistant Secretary for Economic 
                        Development; and
                    ``(D) the Assistant Secretary of the Army for Civil 
                Works.
            ``(2) Types of assistance.--Assistance provided under 
        paragraph (1) may include assistance relating to--
                    ``(A) water quality monitoring, watershed modeling, 
                and flood management;
                    ``(B) use of best management practices, including 
                agricultural best management practices, as determined 
                by the Secretary of Agriculture, acting through the 
                Natural Resources Conservation Service;
                    ``(C) development of an integrated geographic 
                information system;
                    ``(D) protection and restoration of streams, 
                wetland, grassland, and aquatic and riparian habitats;
                    ``(E) management of fisheries and other aquatic and 
                wildlife resources, cultural heritage resources, and 
                recreational resources;
                    ``(F) wildlife species and habitat assessment 
                surveys;
                    ``(G) development and implementation of resource 
                restoration, development, and conservation programs;
                    ``(H) control of invasive species; and
                    ``(I) promotion of healthy and diverse economic 
                activity and sustainable development.
    ``(h) No Effect on Other Authority.--Nothing in this section 
affects any authority of a Federal or State agency provided under other 
law.
    ``(i) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        for each of fiscal years 2003 through 2007--
                    ``(A) to the Administrator, $3,000,000, of which--
                            ``(i) $500,000 shall be used to carry out 
                        subsections (b) through (d);
                            ``(ii) $1,000,000 shall be used to carry 
                        out subsection (e); and
                            ``(iii) $1,500,000 shall be used to carry 
                        out subsection (f); and
                    ``(B) to carry out subsection (g), $7,000,000, of 
                which--
                            ``(i) $4,000,000 shall be used by the 
                        Secretary of the Interior;
                            ``(ii) $2,000,000 shall be used by the 
                        Secretary of Agriculture; and
                            ``(iii) $1,000,000 shall be used by the 
                        Secretary of Commerce.
            ``(2) Administrative costs.--Except with respect to funds 
        provided under paragraph (1)(A)(i), not more than 10 percent of 
        the funds provided for a fiscal year under paragraph (1) may be 
        used for administrative costs incurred in carrying out this 
        section.''.
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