[Congressional Record Volume 148, Number 115 (Thursday, September 12, 2002)]
[Senate]
[Pages S8566-S8569]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. JEFFORDS (for himself, Mr. Leahy, Mrs. Clinton, and Mr. 
        Schumer):
  S. 2928. 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; to the Committee on Environment 
and Public Works.

[[Page S8567]]

  Mr. JEFFORDS. Mr. President, Members of the Senate, I rise on behalf 
of myself and Senators Leahy, Clinton, and Schumer to introduce the 
Daniel Patrick Moynihan Lake Champlain Basin Program Act of 2002.
  This legislation will bring the Lake Champlain Basin Program into the 
21st century.
  In 1990, along with Senators Leahy, Moynihan, and D'amato, I 
introduced the Lake Champlain Special Designation Act which designated 
Lake Champlain as a resource of national significance.
  The program began as a management conference with a charter of 
developing a comprehensive pollution prevention, control, and 
restoration plan for Lake Champlain.
  The management conference began work immediately after passage of the 
Lake Champlain Special Designation Act of 1990 and developed the Plan 
entitled, ``Opportunities for Action.''
  The conference evolved into today's Lake Champlain Basin Program 
which works cooperatively with partners throughout the region to 
protect and enhance the environmental integrity and the social and 
economic benefits of the Lake Champlain Basin.
  A key element of the success of this program is the active 
participation of the local partners.
  State and local governments, nonprofit entities, and the regional 
representatives of the Federal agencies involved in the Basin Program 
are the best fuel behind this program's success.
  It is their efforts that have made this program an international 
model for lake restoration programs.
  The program completed its first 5-year update of ``Opportunities for 
Action'' in January 2002.
  Our legislation authorizes the implementation of this plan through a 
partnership between the Basin Program and the Federal Government.
  Before I get into the specifics of the legislation, let me take a 
minute to describe the Lake Champlain Basin to you.
  For those of you who have not visited either the Vermont or the New 
York side, I recommend that you take the time to see this magnificent 
spot which is the sixth largest freshwater lake in the world, after 
only the Great Lakes.
  Lake Champlain flows north along the borders of Vermont, New York, 
and Canada.
  It is 120 miles long and just 12 miles wide at its widest point.
  Lake Champlain is home to a diverse array of 81 species of fish, 318 
species of birds, 56 species of mammals, 21 species of amphibians and 
20 reptile species.
  The floor of Lake Champlain boasts some of the best-preserved 
submerged cultural heritage resources in North America.
  Shipwrecks in the lake reflect virtually every era of human activity 
in the Basin.
  The Lake Champlain Basin stretches from the Adirondacks to the Green 
Mountains and north into Quebec.
  It is an area about the size of Massachusetts with 56 percent of the 
Basin in Vermont, 37 percent in New York, and 7 percent in Canada.
  The Basin not only offers natural beauty, but also plays a key role 
in the life of Vermonters, New Yorkers, and Canadians.
  It is a recreation mecca in the region with over 7,500 motorboats, 
more than 3,000 sailboats, and thousands of swimmers, windsurfers, 
kayakers, canoers, and scuba divers visiting Lake Champlain on a 
typical summer day.
  Recreation generated $3.8 billion in the Basin in 2000. The 
population in the Basin has been steadily growing over the last 40 
years.
  Today, approximately one-third of the Basin's over 600,000 residents 
use the lake as a source of drinking water. It is also a key source of 
water for agriculture and industry. All of this human activity has 
taken a toll on Lake Champlain.
  Although it remains a generally healthy lake today, it is plagued by 
excess phosphorous loadings, toxics such as mercury, and invasions of 
nonnative species such as the zebra mussel and sea lamprey.
  We must take action to prevent future degradation.
  The Lake Champlain Basin Program issued a revised Plan in January 
2002, also entitled ``Opportunities for Action,'' that provides a path 
to protect the health of the lake well into the future.
  The bill we introduce today, the Daniel Patrick Moynihan Lake 
Champlain Basin Program Act of 2002, authorizes the Federal side of the 
partnerships required to implement Opportunities for Action.
  This legislation authorizes $5 million per year for 5 years for the 
Environmental Protection Agency to make grants to implement 
Opportunities for Action.
  These funds will be coupled with a 25-percent local match as well as 
with $6 million per year for 5 years from the Department of the 
Interior, the Department of Commerce, and the Department of 
Agriculture.
  This bill also revises an authorization that Congress passed in the 
Water Resources Development Act of 2000 for the Army Corps of Engineers 
to provide design and construction assistance of up to $20 million for 
implementation of Opportunities for Action to make it more usable for 
``Vermont-style'' projects.
  These funds will be used to protect and enhance the environmental 
integrity and social and economic benefits of the Lake Champlain basin 
and to achieve the environmental goals described in the plan, 
including: the reduction of phosphorous inputs; the reduction of toxic 
contamination; the control of the introduction, spread, and impacts of 
nonnative nuisance substances and species; the minimization of risks to 
humans from water-related health hazards, and the protection of 
natural, recreation, and cultural heritage resources.
  I look forward to working with my colleagues in Washington, in New 
York, and, most of all, in Vermont to pass this legislation and to 
implement this program that is so critical to the long-term health of 
Lake Champlain.
  Mrs. CLINTON. Mr. President, I join my colleague from Vermont in 
supporting this bill that he is introducing today, the Daniel Patrick 
Moynihan Lake Champlain Basin Program Act of 2002.
  I thank Chairman Jeffords, with whom I have the honor and pleasure of 
serving on the Senate Environment and Public Works Committee, for 
working on this legislation, for being devoted to Lake Champlain, and 
for giving my distinguished predecessor, Senator Moynihan, the honor of 
naming it after him.
  Senator Moynihan was in my office on Tuesday. I told him of Senator 
Jefford's plans, and he was surprised and delighted. But he certainly 
deserves this great honor because, along with Senator Jeffords, he has 
been a champion of this natural and cultural resource that our States 
share: the Lake Champlain Basin and Champlain Valley.
  We are joining with our colleagues--Senator Leahy and Senator 
Schumer--in introducing this legislation because we know how 
significant this lake is. It is the sixth largest natural freshwater 
lake in the United States. Some of us consider it a ``Great Lake.'' It 
is home to an array of fish, birds, and other wildlife.
  It also has significant historic, social, and economic consequences 
for our entire country. What we aim to do with this legislation is to 
give the Champlain Valley Basin the kind of support it needs to 
continue its recovery.
  This is an area that Senator Jeffords and Senator Moynihan paid 
particular attention to. They have worked very closely together over 
the last many years. And it builds on legislation that Senator Moynihan 
played a key role in during the 101st Congress, as well as a plan that 
came out of the 1990 legislation entitled ``Opportunities for Action'' 
that enabled the Lake Champlain Steering Committee to create the new 
guiding document on which our legislation, in great measure, draws.
  This will provide new and important resources for counties in Vermont 
and also counties in New York, including Clinton, Essex, Franklin, 
Hamilton, Warren, and Washington Counties.
  This is very important environmental legislation, but it is equally 
important economic, social, and historic legislation. That is why I am 
very proud to sponsor this legislation with my chairman, Senator 
Jeffords, and to join him in naming this legislation after our 
illustrious and esteemed colleague, Senator Patrick Moynihan.
  There is no more fitting tribute to Senator Moynihan than to give him

[[Page S8568]]

the recognition that he is due for the leadership role he played in 
bringing to national attention places of great national importance, 
such as Lake Champlain.
  I thank Senator Jeffords.
  Mr. LEAHY. Mr. President, my colleague, Senator Jeffords, introduced 
legislation, the Lake Champlain Basin Program Act of 2002, in honor of 
former Senator Daniel Patrick Moynihan. With the forbearance of the 
distinguished Senator from Connecticut and the distinguished Senator 
from Tennessee, I will only speak for a couple minutes.
  I, obviously, strongly support what Senator Jeffords has done and 
appreciate his work and the work of the members of his staff.
  In Vermont, we are extremely pleased with the success of the Lake 
Champlain program to date. With the additional resources in this bill, 
we are confident that the problems that Lake Champlain encounters--the 
problems of pollution and of other matters--can be addressed.
  Lake Champlain is a magnificent lake standing between Vermont and New 
York. It is a lake that is enjoyed by people who fish, sail, who are 
involved in economic activities, and, of course, it has tremendous 
economic and historical value to this Nation, from the time of the 
Revolutionary War on.
  The basin program shows what happens when two States, Vermont and New 
York, and one province, the Province of Quebec, get together and work 
on a common watershed and link their people, their governments--local, 
State, and Federal--together in almost unprecedented cooperation to 
save this great big beautiful lake. It has been a model for watersheds 
throughout the Nation.
  I am pleased to join in introducing this legislation. I believe it 
will ensure that our children and our grandchildren will enjoy this 
lake in the same way Senator Jeffords and I did when we were children.
  I am very pleased to join with my colleagues from Vermont and New 
York as we introduce the Lake Champlain Basin Program Act of 2002 in 
honor of former Senator Daniel Patrick Moynihan.
  I was with Senator Moynihan in 1990 that we were able to enact the 
first comprehensive piece of legislation to make Federal resources 
available to help our states address the challenges facing Lake 
Champlain.
  I want to thank Senator Jeffords and his staff for all the work they 
have put into this effort. I know that many hours have gone into the 
research, discussion and editing to get where we are today.
  I also want to thank Senators Clinton and Schumer who are our 
valuable New York partners in all things related to Lake Champlain.
  Our initial 1990 Lake Champlain legislation was very successful. It 
brought together various agencies, interest groups and government 
entities to develop a comprehensive pollution prevention and 
restoration management plan for the Lake.
  Through long hours and a cooperative effort, the Vermonters and New 
Yorkers involved came up with a good plan which was signed by Governors 
Dean and Pataki in 1996.
  While we have several priority action items ranging across a wide 
spectrum of Lake related issues, the Big three remain phosphorus 
reduction, toxic contaminant prevention and clean-up and management of 
aquatic nuisance species.
  Our legislative proposal today rightfully moves from an emphasis on 
research and planning to one of clean-up implementation and, quite 
importantly, monitoring the progress of that clean-up.
  We are very pleased with the success of the Lake Champlain Basin 
Program to date, and with the additional resources envisioned in this 
bill, we are confident that the problems Lake Champlain is encountering 
can be addressed successfully.
  The Basin Program stands as a fine example of how two States and one 
province can work together as a common watershed linking its citizens 
and their governments at all levels--local, State and Federal.
  Indeed, the Lake Champlain model has been held up many times in 
recent years as an example for other watersheds around the world.
  We are happy to share our successes, and even our failures, with 
conservation initiatives internationally.
  I am excited about the prospects of this legislation and I hope the 
full Senate will give Vermont and New York its ringing endorsement once 
it has received committee review.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
       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.

[[Page S8569]]

       ``(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
       (C) in paragraph (2), by striking ``A'' and inserting 
     ``An'';
       (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
       (6) in subsection (e)(1)--
       (A) by striking ``to a'' and inserting ``to an''; and
       (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''.
                                 ______