II 111th CONGRESS 2d Session S. 3943 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.

1.

Short title

This Act may be cited as the Onondaga Lake Restoration Act.

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:

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.