[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5635 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5635

    To amend the Federal Water Pollution Control Act to direct the 
   Administrator of the Environmental Protection Agency to carry out 
    activities for the restoration, conservation, and management of 
            Onondaga Lake, New York, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 2010

  Mr. Maffei introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
    To amend the Federal Water Pollution Control Act to direct the 
   Administrator of the Environmental Protection Agency to carry out 
    activities for the restoration, conservation, and management of 
            Onondaga Lake, New York, and for other purposes.

    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 ``Onondaga Lake Restoration Act''.

SEC. 2. ONONDAGA LAKE, NEW YORK.

    (a) Restoration, Conservation, and Management Activities.--Title I 
of the Federal Water Pollution Control Act (33 U.S.C. 1251) is amended 
by adding at the end the following new section:

``SEC. 123. ONONDAGA LAKE, NEW YORK.

    ``(a) Restoration, Conservation, and Management Activities.--
            ``(1) Establishment of onondaga lake watershed council.--
        The Administrator shall establish a council, to be known as the 
        `Onondaga Lake Watershed Council', to develop a plan for the 
        restoration, conservation, and management of Onondaga Lake, to 
        be known as the `Adaptive Management Plan'.
            ``(2) Implementation of adaptive management plan.--The 
        Administrator shall cooperate with Federal and State agencies 
        and make grants, and otherwise make funds available under 
        subsection (f), to carry out the recommendations of the 
        Adaptive Management Plan. Such recommendations shall be carried 
        out--
                    ``(A) in consultation with the Onondaga Lake 
                Watershed Council; and
                    ``(B) with the participation of the public, 
                including the Onondaga Nation, Federal, State, and 
                local governmental entities, and all other entities 
                that may be affected by activities under this section.
    ``(b) Onondaga Lake Watershed Council.--
            ``(1) Duties.--
                    ``(A) Development of adaptive management plan.--The 
                Onondaga Lake Watershed Council shall develop and (as 
                necessary to achieve the goals identified under 
                subsection (c)(1)) periodically revise the Adaptive 
                Management Plan in consultation with the Onondaga Lake 
                Scientific Center.
                    ``(B) Establishment of program for public 
                participation.--The Onondaga Lake Watershed Council 
                shall establish and carry out a comprehensive, 
                inclusive, and ongoing program for participation of the 
                public, including the Onondaga Nation, Federal, State, 
                and local governmental entities, and all other entities 
                that may be affected by activities under this section, 
                in the development and revision of the Adaptive 
                Management Plan under subparagraph (A).
            ``(2) Membership.--
                    ``(A) In general.--The Onondaga Lake Watershed 
                Council shall consist of the following members:
                            ``(i) The Administrator.
                            ``(ii) The Secretary of the Army.
                            ``(iii) The head of any other interested 
                        Federal department or agency, as determined by 
                        the Administrator.
                            ``(iv) The Governor of the State of New 
                        York.
                            ``(v) A representative designated by the 
                        Onondaga Nation Council of Chiefs.
                            ``(vi) A representative designated by the 
                        mayor of the City of Syracuse, New York.
                            ``(vii) A representative designated by the 
                        County Executive of Onondaga County, New York.
                    ``(B) Ex officio membership.--The Onondaga Lake 
                Watershed Council shall consist of the following ex 
                officio, non-voting members:
                            ``(i) The Senators from the State of New 
                        York.
                            ``(ii) Each Member of the House of 
                        Representatives whose congressional district is 
                        located all or partially within the Onondaga 
                        Lake watershed.
                            ``(iii) Each member of the New York State 
                        Legislature whose district is located all or 
                        partially within the Onondaga Lake watershed.
                            ``(iv) Such other members as the 
                        Administrator determines appropriate.
                    ``(C) Designees.--Any member of the Onondaga Lake 
                Watershed Council described in clauses (i) through (iv) 
                of subparagraph (A) or in subparagraph (B) may appoint 
                a designee to serve in place of the member on the 
                Council.
            ``(3) Committees.--
                    ``(A) Establishment.--The Onondaga Lake Watershed 
                Council shall adopt bylaws providing for the 
                establishment of standing committees including the 
                following:
                            ``(i) A Public Outreach and Participation 
                        Committee.
                            ``(ii) A Science and Engineering Committee.
                    ``(B) Appointment.--The Onondaga Lake Watershed 
                Council shall appoint members to each committee 
                described in subparagraph (A).
    ``(c) Adaptive Management Plan.--
            ``(1) Identification of goals.--The Adaptive Management 
        Plan shall identify measurable goals for--
                    ``(A) the restoration, conservation, and management 
                of Onondaga Lake; and
                    ``(B) compliance with all laws affecting the 
                restoration and conservation of Onondaga Lake, 
                including the water quality standards established for 
                Onondaga Lake (including total maximum daily loads 
                established under section 303(d)(C)), the Amended 
                Consent Judgment and all effluent limitations therein 
                (or otherwise promulgated under this Act), and the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9601 et seq.).
            ``(2) Recommendation of strategies.--To achieve the goals 
        identified under paragraph (1), the Adaptive Management Plan 
        shall incorporate and update the recommendations of the 
        Onondaga Lake Management Plan to recommend strategies for--
                    ``(A) management of the biological makeup of 
                Onondaga Lake;
                    ``(B) management of the physical development of 
                Onondaga Lake and its surroundings;
                    ``(C) management of the use of Onondaga Lake for 
                recreational and other purposes; and
                    ``(D) coordination of all other activities to 
                restore or conserve, or otherwise affecting the 
                restoration or conservation of, Onondaga Lake.
            ``(3) Ongoing evaluation of strategies.--To evaluate the 
        effectiveness of the strategies recommended under paragraph (2) 
        in achieving the goals identified under paragraph (1), the 
        Adaptive Management Plan shall--
                    ``(A) identify specific monitoring parameters by 
                which to make such evaluation, and provide for the 
                periodic revision of the monitoring parameters to 
                achieve such goals;
                    ``(B) establish a monitoring program to measure the 
                monitoring parameters identified under subparagraph 
                (A); and
                    ``(C) provide for the periodic evaluation of the 
                data collected pursuant to subparagraph (B).
            ``(4) Approval.--The recommendations of the Adaptive 
        Management Plan shall not be carried out under subsection 
        (a)(2) before the date on which the the plan is approved by the 
        Administrator and the Governor of the State of New York. The 
        Administrator, after providing an opportunity for public review 
        and comment, shall approve the plan not later than 120 days 
        after the date of its development under subsection (b)(1)(A) if 
        the Adaptive Management Plan meets the requirements of this 
        section and the Governor of the State of New York concurs in 
        such approval.
            ``(5) Effect on onondaga lake management plan.--This 
        section shall not be construed to interfere with any activity 
        carried out under the Onondaga Lake Management Plan, or any 
        other activity affecting the restoration, conservation, or 
        management of Onondaga Lake, before the date of approval of the 
        Adaptive Management Plan under paragraph (4).
    ``(d) Onondaga Lake Scientific Center.--
            ``(1) Establishment.--The Onondaga Lake Watershed Council 
        shall establish and direct a center to be known as the 
        `Onondaga Lake Scientific Center'.
            ``(2) Duties.--The Onondaga Lake Scientific Center shall 
        advise the Onondaga Lake Watershed Council on--
                    ``(A) development of benchmarks to accomplish the 
                goals identified under subsection (c)(1);
                    ``(B) implementation of the strategies recommended 
                under subsection (c)(2);
                    ``(C) implementaton of the monitoring program under 
                subsection (c)(3)(B);
                    ``(D) establishment of the program for public 
                involvement described in subsection (b)(1)(B); and
                    ``(E) other matters concerning the development and 
                implementation of the Adaptive Management Plan.
            ``(3) Membership.--The Onondaga Lake Scientific Center 
        shall consist of the following members:
                    ``(A) The Administrator.
                    ``(B) Non-Federal entities appointed by the 
                Onondaga Lake Watershed Council, which may include--
                            ``(i) Syracuse University;
                            ``(ii) the State University of New York 
                        College of Environmental Science and Forestry;
                            ``(iii) the Upstate Freshwater Institute; 
                        and
                            ``(iv) the Onondaga Environmental 
                        Institute.
            ``(4) Reporting.--The Onondaga Lake Scientific Center shall 
        submit to the Onondaga Lake Watershed Council an annual 
        report--
                    ``(A) assessing the effectiveness of the strategies 
                recommended under subsection (c)(2) in accomplishing 
                the goals identified under subsection (c)(1);
                    ``(B) recommending changes to management and 
                monitoring activities to accomplish the goals 
                identified under subsection (c)(1); and
                    ``(C) recommending means for implementation of such 
                changes.
    ``(e) Onondaga Environmental Institute.--The Onondaga Environmental 
Institute, as a condition of receiving grants under subsection (f)(2), 
shall provide administrative services for the development and 
implementation of the Adaptive Management Plan.
    ``(f) Funding.--
            ``(1) In general.--The Administrator may make funds 
        available to members of the Onondaga Lake Watershed Council and 
        Onondaga Lake Scientific Center to carry out this section.
            ``(2) Grants.--The Administrator, in consultation with the 
        Onondaga Lake Watershed Council, may make grants on a 
        noncompetitive basis to the Governor of the State of New York, 
        the mayor of the City of Syracuse, New York, the County 
        Executive of Onondaga County, New York, and members of the 
        Onondaga Lake Scientific Center described in subsection 
        (d)(3)(B)--
                    ``(A) to implement the strategies recommended under 
                section (c)(2);
                    ``(B) for research, surveys, administrative 
                services, and studies; and
                    ``(C) to gather data in support of litigation 
                undertaken by the State of New York or the Onondaga 
                Nation to compel cleanup or obtain cleanup and damage 
                costs from parties responsible for the pollution of 
                Onondaga Lake.
            ``(3) No relief from liability.--Grants made under this 
        subsection shall not relieve from liability any person that 
        would otherwise be liable under Federal or State law for 
        damages, response costs, natural resource damages, restitution, 
        equitable relief, or any other relief.
            ``(4) Matching requirement.--Federal funds expended for 
        activities to carry out this section, including funds made 
        available under paragraph (1), grants made under paragraph (2), 
        and funds used for administrative expenses for such activities 
        under subsection (i)(2) shall not exceed 65 percent of the 
        costs of such activities. The non-Federal share of such costs 
        shall be provided from non-Federal sources, and may be provided 
        through the provision of in-kind services.
    ``(g) Definitions.--In this section, the following definitions 
apply:
            ``(1) Amended consent judgment.--The term `Amended Consent 
        Judgment' means the Amended Consent Judgment entered January 
        20, 1998, in the case of `Atlantic States Legal Foundation v. 
        The Onondaga County Department of Drainage and Sanitation', 
        Civil Action No. 88-CV-0066, in the United States District 
        Court for the Northern District of New York, as amended.
            ``(2) Onondaga environmental institute.--The term `Onondaga 
        Environmental Institute' means the not-for-profit corporation 
        established pursuant to section 401(d)(1) of the Great Lakes 
        Critical Programs Act of 1990 (104 Stat. 3010) and section 
        411(d)(1) of the Water Resources Development Act of 1990 (104 
        Stat. 4648).
            ``(3) Onondaga lake.--The term `Onondaga Lake' means 
        Onondaga Lake, New York, and its watershed.
            ``(4) Onondaga lake management plan.--The term `Onondaga 
        Lake Management Plan' means the plan--
                    ``(A) developed pursuant to section 401(a)(1) of 
                the Great Lakes Critical Programs Act of 1990 (104 
                Stat. 3010) and 411(a)(1) of the Water Resources 
                Development Act of 1990 (104 Stat. 4648);
                    ``(B) modified by the Amended Consent Judgment; and
                    ``(C) revised under section 573(c)(1) of the Water 
                Resources Development Act of 1999 (113 Stat. 372).
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Administrator such sums as may be necessary to carry out 
        this section, to remain available until expended.
            ``(2) Administrative expenses.--The Administrator may use 
        amounts appropriated under paragraph (1) for administrative 
        expenses associated with carrying out this section.''.
    (b) Water Resources Development Act of 1999.--Section 573 of the 
Water Resources Development Act of 1999 (113 Stat. 372) is repealed.
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