[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3943 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3943

    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 SENATE OF THE UNITED STATES

                           November 15, 2010

Mrs. Gillibrand 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 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 et seq.) is 
amended by adding at the end the following:

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

    ``(a) Definitions.--In this section:
            ``(1) Adaptive management plan.--The term `Adaptive 
        Management Plan' means the plan developed by the Council under 
        subsection (b)(1).
            ``(2) 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 (including any 
        amendments to that judgment).
            ``(3) Center.--The term `Center' means the Onondaga Lake 
        Scientific Center established under subsection (d)(1).
            ``(4) Council.--The term `Council' means the Onondaga Lake 
        Watershed Council established under subsection (b)(1).
            ``(5) Onondaga environmental institute.--The term `Onondaga 
        Environmental Institute' means the nonprofit corporation 
        established pursuant to section 401(d)(1) of the Great Lakes 
        Critical Programs Act of 1990 (Public Law 101-596; 104 Stat. 
        3010) and section 411(d)(1) of the Water Resources Development 
        Act of 1990 (Public Law 101-640; 104 Stat. 4648).
            ``(6) Onondaga lake.--The term `Onondaga Lake' means 
        Onondaga Lake, in the State of New York, and the associated 
        watershed.
            ``(7) 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 (Public 
                Law 101-596; 104 Stat. 3010) and 411(a)(1) of the Water 
                Resources Development Act of 1990 (Public Law 101-640; 
                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 (Public Law 106-53; 
                113 Stat. 372), as in effect before the date of 
                enactment of this section.
    ``(b) Onondaga Lake Watershed Council.--
            ``(1) Establishment.--The Administrator shall establish a 
        council, to be known as the `Onondaga Lake Watershed Council', 
        to develop a plan in accordance with subsection (c), to be 
        known as the `Adaptive Management Plan', for the restoration, 
        conservation, and management of Onondaga Lake.
            ``(2) Membership.--
                    ``(A) In general.--The 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 Council shall 
                consist of the following ex officio, nonvoting members:
                            ``(i) The Senators from the State of New 
                        York.
                            ``(ii) Each Member of the House of 
                        Representatives whose congressional district is 
                        located wholly or partially within the Onondaga 
                        Lake watershed.
                            ``(iii) Each member of the New York State 
                        Legislature whose district is located wholly or 
                        partially within the Onondaga Lake watershed.
                            ``(iv) Such other members as the 
                        Administrator determines to be appropriate.
                    ``(C) Designees.--Any member of the Council 
                specified 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 Council shall adopt 
                bylaws providing for the establishment of standing 
                committees, including--
                            ``(i) a public outreach and participation 
                        committee; and
                            ``(ii) a science and engineering committee.
                    ``(B) Appointment.--The Council shall appoint 
                members to each committee described in subparagraph 
                (A).
            ``(4) Duties.--
                    ``(A) Development of adaptive management plan.--The 
                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 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).
    ``(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 provisions of law (except 
                a provision of law described in subsection (g)(1)(A)) 
                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)(1)(C)) and the Amended 
                Consent Judgment and all effluent limitations under 
                those standards or the Amended Consent Judgment (or 
                otherwise promulgated under this Act).
            ``(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 
        management of--
                    ``(A) the biological makeup of Onondaga Lake;
                    ``(B) the physical development of Onondaga Lake and 
                the surroundings of Onondaga Lake; and
                    ``(C) the use of Onondaga Lake for recreational and 
                other purposes.
            ``(3) Coordination with other activities.--The strategies 
        recommended under paragraph (2) shall provide for coordination 
        with all other activities to restore or conserve, or otherwise 
        affecting the restoration or conservation of, Onondaga Lake, 
        including ongoing public participation activities, monitoring 
        activities, and other activities carried out under Federal or 
        State law.
            ``(4) 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 an evaluation, and provide for the 
                periodic revision of the monitoring parameters to 
                achieve those 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 the monitoring program 
                required by subparagraph (B).
            ``(5) Approval.--The Administrator, after providing an 
        opportunity for public review and comment, shall approve the 
        Adaptive Management Plan by not later than 120 days after the 
        date of development of the plan under subsection (b)(1), if--
                    ``(A) the Administrator determines that the 
                Adaptive Management Plan meets the requirements of this 
                section; and
                    ``(B) the Governor of the State of New York concurs 
                in the approval.
            ``(6) Effect on onondaga lake management plan.--Nothing in 
        this section shall affect 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 (5).
            ``(7) Implementation of adaptive management plan.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Administrator shall carry out the recommendations 
                contained in the Adaptive Management Plan by--
                            ``(i) cooperating with Federal and State 
                        agencies;
                            ``(ii) providing grants, and otherwise 
                        making funds available under subsection (f);
                            ``(iii) consulting with the Council; and
                            ``(iv) facilitating 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) Recommendations.--The recommendations of the 
                Adaptive Management Plan shall not be carried out under 
                this section before the date on which the plan is 
                approved by the Administrator and the Governor of the 
                State of New York.
    ``(d) Onondaga Lake Scientific Center.--
            ``(1) Establishment.--The Council shall establish and 
        direct a center, to be known as the `Onondaga Lake Scientific 
        Center'.
            ``(2) Duties.--The Center shall advise the 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) implementation of the monitoring program 
                under subsection (c)(4)(B);
                    ``(D) establishment of the program for public 
                participation described in subsection (c)(7)(A)(iv); 
                and
                    ``(E) other matters concerning the development and 
                implementation of the Adaptive Management Plan.
            ``(3) Membership.--The membership of the Center shall 
        consist of--
                    ``(A) the Administrator;
                    ``(B) representatives of such non-Federal entities 
                as are appointed by the Council, including--
                            ``(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; and
                    ``(C) such other members as the Council determines 
                to be appropriate.
            ``(4) Reporting.--The Center shall submit to the 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 
                those 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 Council and to the Center for use 
        in carrying out this section.
            ``(2) Grants.--The Administrator, in consultation with the 
        Council, may provide 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 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 necessary to carry out this 
                section.
            ``(3) No relief from liability.--Grants provided 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) Cost sharing.--
                    ``(A) In general.--Federal funds expended for 
                activities to carry out this section, including funds 
                made available under paragraph (1), grants provided 
                under paragraph (2), and funds used for administrative 
                expenses under subsection (h)(2), shall not exceed 65 
                percent of the costs of carrying out the activities.
                    ``(B) Non-federal share.--The non-Federal share of 
                the costs of carrying out any activity described in 
                subparagraph (A)--
                            ``(i) shall be provided from non-Federal 
                        sources; and
                            ``(ii) may be provided in the form of in-
                        kind services.
    ``(g) Relationship to Other Laws.--
            ``(1) No effect on federal or state law or responsibilities 
        assigned thereunder.--Nothing in this section alters, modifies, 
        or otherwise affects any other provision of Federal or State 
        law, including any responsibility assigned under such a 
        provision, including--
                    ``(A) a provision of law (including a provision of 
                the Comprehensive Environmental Response, Compensation, 
                and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or 
                the New York State Environmental Conservation Law) that 
                requires, and assigns responsibility for, the 
                performance of cleanup activities (including response 
                and removal activities) or other activities affecting 
                the restoration or conservation of Onondaga Lake; and
                    ``(B) the responsibility assigned under a provision 
                of law described in subparagraph (A).
            ``(2) No effect on existing liabilities.--Nothing in this 
        section creates or expands any liability that any party may 
        have for natural resource damages under any provision of law.
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to the Administrator to carry out this section $10,000,000 for 
        each fiscal year, to remain available until expended.
            ``(2) Administrative expenses.--The Administrator may use 
        amounts appropriated under paragraph (1) for administrative 
        expenses incurred in carrying out this section.''.
    (b) Water Resources Development Act of 1999.--
            (1) Repeal.--Subject to paragraph (2), section 573 of the 
        Water Resources Development Act of 1999 (Public Law 106-53; 113 
        Stat. 372) is repealed.
            (2) Continued applicability.--Section 573 of the Water 
        Resources Development Act of 1999 (Public Law 106-53; 113 Stat. 
        372), as in effect on the day before the date of enactment of 
        this Act, shall continue to apply to amounts appropriated 
        before that date and made available to carry out that section.
                                 <all>