[Senate Report 107-339]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 752
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-339

======================================================================



 
    DANIEL PATRICK MOYNIHAN LAKE CHAMPLAIN BASIN PROGRAM ACT OF 2002

                                _______
                                

               November 13, 2002.--Ordered to be printed

                                _______
                                

   Mr. Jeffords, from the Committee on Environment and Public Works, 
                        submitted the following

                         [to accompany S. 2928]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 2928) 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, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill, as amended, do pass.

             General Statement, Background, and Objectives

    Lake Champlain is the sixth largest freshwater lake in the 
world, after only the Great Lakes. Flowing 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. Today, the Lake is plagued by excess 
phosphorous loadings, toxics such as mercury, and invasions of 
non-native species such as the zebra mussel and sea lamprey.
    The Lake Champlain Basin Program began in 1990 when 
Congress designated the Lake as a resource of national 
significance. The program began as a management conference with 
a charter to develop a comprehensive pollution prevention, 
control, and restoration plan for Lake Champlain. The 
conference evolved into today's Lake Champlain Basin Program, 
which is made up of multiple Federal agencies, State and local 
governments, and stakeholders. The Basin Program 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.
    The Daniel Patrick Moynihan Lake Champlain Basin Program 
Act of 2002 authorizes the implementation of the Plan prepared 
by the management conference and revised by the Lake Champlain 
Basin Program in 2002.

                      Section-by-Section Analysis

Section 1. Short Title
    ``Daniel Patrick Moynihan Lake Champlain Basin Program Act 
of 2002.''
Sec. 2. Lake Champlain Basin Program
    This section amends section 120 of the Federal Water 
Pollution Control Act (33 U.S.C. 1270) by inserting the text of 
this bill. The committee intends to strengthen and increase the 
capacity of this cooperative effort by formally acknowledging 
the role of the Lake Champlain Basin Program and its Steering 
Committee, and to encourage this innovative initiative to 
retain its flexible, responsive approach to addressing the 
evolving environmental challenges of the Lake Champlain Basin.

                  AUTHORIZATION OF PLAN IMPLEMENTATION

    This section defines key terms such as ``Plan'' which is 
the plan entitled ``Opportunities for Action: An Evolving Plan 
for the Future of the Lake Champlain Basin'', approved by the 
Lake Champlain Steering Committee on January 30, 2002. The Act 
authorizes Federal agencies to participate in implementing this 
Plan.
    The Lake Champlain Management Conference, first authorized 
by the Lake Champlain Special Designation Act of 1990 (33 
U.S.C. 1270 note; Public Law 101-596), completed the first plan 
in 1996. Since that time, the Management Conference evolved 
into the Lake Champlain Basin Program. This section 
specifically authorizes the Lake Champlain Basin Program. This 
section establishes the purposes of the program:

    2  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----
        (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.

    2This section designates the Lake Champlain Steering 
Committee as the implementing body for the Plan. The Steering 
Committee is made up of representatives from Federal, State, 
and local agencies as well as interested stakeholders. It 
provides a forum for consensus building on prioritization and 
implementation of priorities in the Plan. The committee intends 
for the current processes at the Steering Committee to continue 
to ensure smooth and effective implementation of the Plan.
    This section requires the Steering Committee to review and, 
as necessary, revise the Plan at least once every 5 years. The 
Plan authorized by this Act is the first revision of the plan 
developed in response to the Lake Champlain Special Designation 
Act of 1990 (33 U.S.C. 1270 note; Public Law 101-596.) 
Continual review and revision will be necessary to ensure that 
the document remains a current and accurate roadmap for 
preservation of Lake Champlain.
    This section authorizes the Administrator to make grants to 
implement the management strategies in the plan to State, 
interstate, and regional water pollution control agencies as 
well as public or nonprofit agencies, institutions, and 
organizations. Federal funds will be matched with at least a 25 
percent non-Federal contribution. The committee intends for the 
cost sharing applied to the Lake Champlain program to be 
consistent with the existing program that has operated for 12 
years with a 25 percent non-Federal matching requirement.

                    COORDINATION OF FEDERAL PROGRAMS

    This section authorizes the roles of other Federal agencies 
in the implementation of the Plan.
    The Secretary of Agriculture is authorized to support the 
implementation of the Lake Champlain Basin 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. The Department of Agriculture has been 
a key participant in activities in the Lake Champlain Basin 
since 1990. The committee intends that the Department, through 
programs such as the Conservation Reserve Enhancement Program 
(CREP) and the Wetlands Reserve Program (WRP) will continue 
this long-standing commitment to the Basin. The reduction of 
nutrient run-off from non-point sources of pollution, 
particularly agriculture, is one of the activities in the Plan 
that can have the greatest impact on water quality in Lake 
Champlain. The Department of Agriculture is a key partner in 
achieving this goal.
    The Secretary of Interior, acting through both the United 
States Geological Survey (USGS) and the Fish and Wildlife 
Service (FWS) is authorized to support the implementation of 
the Lake Champlain Basin Program. Through USGS, the Secretary 
may provide financial, scientific, and technical assistance and 
applicable watershed research, such as stream flow monitoring; 
water quality monitoring; evaluation of effectiveness of best 
management practices; research on the transport and final 
destination of toxic chemicals in the environment; and 
development of an integrated geographic information system for 
the Lake Champlain basin.
    Through the Fish and Wildlife Service, the Secretary shall 
support the implementation of the program by:

      supporting the protection and restoration of 
wetland, streams, aquatic, and riparian habitat;
      supporting restoration of interjurisdictional 
fisheries and declining aquatic species in the Lake Champlain 
watershed through propagation of fish in hatcheries and 
continued advancement in fish culture and aquatic species 
management technology;
      supporting the control and management of aquatic 
nuisance species that have adverse effects on fisheries or the 
form, function, or structure of the ecosystem of the Lake 
Champlain basin;
      providing financial and technical assistance in 
accordance with the Fish and Wildlife Coordination Act (16 
U.S.C. 661 et 3 seq.) to private landowners seeking to improve 
fish and wildlife habitat, a goal of which is restoration of 
full function to degraded habitat, enhancement of specific 
habitat functions, establishment of valuable fish and wildlife 
habitat that did not previously exist on a particular parcel of 
real property; and
      taking other appropriate action to assist in 
implementation of the Plan.

    Through the National Park Service, the Secretary shall 
support the implementation of the program by providing 
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 identified in the Plan.
    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 research; management of 
fisheries and other aquatic resources; related watershed 
programs; and other appropriate action to assist in 
implementation of the Plan.
    The bill authorizes $11,000,000 for each of fiscal years 
2003 through 2007 for implementation of the Lake Champlain 
Basin Program, with $5,000,000 for the Administrator, 
$3,000,000 for Interior, $1,000,000 for Commerce; and 
$2,000,000 for Agriculture.
Sec. 3. Lake Champlain Watershed, Vermont and New York
    This section makes technical changes to section 542 of 
Public Law 106-541, the Water Resources Development Act of 2000 
(114 Stat. 2671.) These modifications allow the Corps of 
Engineers to provide design and construction assistance for 
ecosystem restoration to the Lake Champlain Basin Program for 
the purposes of implementing the Plan. It adds Hamilton County 
in New York to the definition of Lake Champlain watershed. It 
authorizes the Army Corps of Engineers to conduct remote 
sensing and the development of a geographic information system 
for the Lake Champlain basin by the Cold Regions Research and 
Engineering Laboratory. It allows the Corps to provide 
assistance through the Lake Champlain Basin Program when 
providing assistance for ecosystem restoration projects. It 
clarifies existing crediting authority by allowing 100 percent 
of the non-Federal share to be comprised of in-kind services 
and by clarifying that funds provided to a non-Federal interest 
under the conservation reserve enhancement program of the 
Department of Agriculture announced on May 27, 1998 (63 Fed. 
Reg. 28965), or the wetlands reserve program under subchapter C 
of chapter 1 of 20 subtitle D of title XII of the Food Security 
Act of 1985 (16 U.S.C. 3837 et seq.) or the wetlands reserve 
program for use in carrying out a project under the Plan shall 
be credited toward the non-Federal share of the cost of the 
project if the Secretary of Agriculture certifies that those 
funds may be used for the purpose of the project under the 
Plan. Each of these changes is intended to facilitate Army 
Corps of Engineers participation in the Lake Champlain Basin 
Program.

                          Legislative History

    Senators Jeffords, Leahy, Clinton, and Schumer introduced 
S. 2928, the Daniel Patrick Moynihan Lake Champlain Basin 
Program Act of 2002 on September 12, 2002. It was referred to 
the Committee on Environment and Public Works. No hearing was 
held on the bill. The committee met to consider S. 2928 on 
September 26, 2002. A manager's amendment offered by Senator 
Jeffords was agreed to by voice vote. The bill was reported out 
by voice vote.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 2928 on September 26, 2002. A manager's amendment 
offered by Senator Jeffords was agreed to by voice vote. The 
committee favorably reported the bill by voice vote.

                      Regulatory Impact Statement

    The bill does not create any additional regulatory burdens, 
nor will it cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 2928 would 
impose no unfunded mandates on State, local, or tribal 
governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 2, 2002.

Hon. James M. Jeffords, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2928, the Daniel 
Patrick Moynihan Lake Champlain Basin Program Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Susanne S. 
Mehlman (for Federal costs), who can be reached at 226-2860, 
Susan Seig Tompkins (for the State and local impact), who can 
be reached at 225-3220, and Cecil McPherson (for the private-
sector impact), who can be reached at 226-2940.
            Sincerely,
                                            Dan L. Crippen.
                              ----------                              

S. 2928 Daniel Patrick Moynihan Lake Champlain Basin Program Act of 
        2002, as ordered reported by the Senate Committee on 
        Environment and Public Works on September 26, 2002
Summary
    S. 2928 would establish the Lake Champlain Basin Program to 
protect the Lake Champlain basin region from environmental 
damage. This legislation would authorize the appropriation of 
$55 million over the 2003-2007 period for the Environmental 
Protection Agency (EPA), the Department of the Interior, the 
Department of Commerce, and the Department of Agriculture. EPA 
would use these funds to make grants to States, regional water 
pollution control agencies, and other public and nonprofit 
agencies to support the implementation of management strategies 
for protecting the environmental integrity of the Lake 
Champlain basin region. The other agencies would use these 
funds to provide financial and technical assistance, such as 
water quality monitoring and management of fisheries and other 
aquatic resources.
    CBO estimates that implementing this legislation would cost 
$55 million over the 2003-2007 period, assuming appropriation 
of the specified amounts. Enacting the bill would not affect 
direct spending or revenues. S. 2928 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on State, local, or tribal governments.
Estimated Cost to the Federal Government
    CBO estimates that implementing the bill would cost $55 
million over the 2003-2007 period, assuming appropriation of 
the amounts authorized for each year. Those estimated outlays 
are based on historical spending patterns for similar 
activities. The estimated budgetary impact of S. 2928 is shown 
in the following table. The costs of this legislation fall 
within budget function 300 (natural resources and environment).


                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                                       2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                 SPENDING SUBJECT TO APPROPRIATION
Lake Champlain Basin Program:
    Authorization Level............................................       11       11       11       11       11
    Estimated Outlays..............................................       11       11       11       11       11
----------------------------------------------------------------------------------------------------------------
\1\ EPA has not yet received a full-year appropriation for 2003. The Lake Champlain Basin Management Conference
  received an appropriation of $3 million in 2002.

Intergovernmental and Private-Sector Impact
    S. 2928 contains no intergovernmental or private-sector 
mandates as defined in UMRA. States in the Lake Champlain basin 
would benefit from grants authorized to implement a plan to 
improve the environmental integrity of the Lake Champlain 
watershed. Any costs to participants in these programs would be 
incurred voluntarily.
Previous CBO Estimate
    On October 1, 2002, CBO transmitted a cost estimate for 
H.R. 1070, the Great Lakes Legacy Act of 2002, as ordered 
reported by the Senate Committee on Environment and Public 
Works on September 26, 2002. The Daniel Patrick Moynihan Lake 
Champlain Basin Program Act of 2002 was included in that 
version of H.R. 1070, which would authorize the appropriation 
of $55 million over the 2003-2007 period.

Estimate Prepared By: Federal Costs: Susanne S. Mehlman; Impact 
on State, Local, and Tribal Governments: Susan Sieg Tompkins; 
Impact on the Private Sector: Cecil McPherson.

Estimate Approved By: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:
                              ----------                              


                  FEDERAL WATER POLLUTION CONTROL ACT

                        (33 U.S.C. 1251 et seq.)

AN ACT To provide for water pollution control activities in the Public 
Health Service of the Federal Security Agency and in the Federal Works 
Agency, and for other purposes.

           *       *       *       *       *       *       *


                 [Lake Champlain Management Conference

    [Sec. 120. (a) Establishment.--There is established a Lake 
Champlain Management Conference to develop a comprehensive 
pollution prevention, control, and restoration plan for Lake 
Champlain. The Administrator shall convene the management 
conference within ninety days of the date of enactment of this 
section.
    [(b) Membership.--The Members of the Management Conference 
shall be comprised of--
            [(1) the Governors of the States of Vermont and New 
        York;
            [(2) each interested Federal agency, not to exceed 
        a total of five members;
            [(3) the Vermont and New York Chairpersons of the 
        Vermont, New York, Quebec Citizens Advisory Committee 
        for the Environmental Management of Lake Champlain;
            [(4) four representatives of the State legislature 
        of Vermont;
            [(5) four representatives of the State legislature 
        of New York;
            [(6) six persons representing local governments 
        having jurisdiction over any land or water within the 
        Lake Champlain basin, as determined appropriate by the 
        Governors; and
            [(7) eight persons representing affected 
        industries, nongovernmental organizations, public and 
        private educational institutions, and the general 
        public, as determined appropriate by the 
        trigovernmental Citizens Advisory Committee for the 
        Environmental Management of Lake Champlain, but not to 
        be current members of the Citizens Advisory Committee.
    [(c) Technical Advisory Committee.--(1) The Management 
Conference shall, not later than one hundred and twenty days 
after the date of enactment of this section, appoint a 
Technical Advisory Committee.
    [(2) Such Technical Advisory Committee shall consist of 
officials of: appropriate departments and agencies of the 
Federal Government; the State governments of New York and 
Vermont; and governments of political subdivisions of such 
States; and public and private research institutions.
    [(d) Research Program.--(1) \1\ The Management Conference 
shall establish a multi-disciplinary environmental research 
program for Lake Champlain. Such research program shall be 
planned and conducted jointly with the Lake Champlain Research 
Consortium.
---------------------------------------------------------------------------
    \1\ So in law. No paragraph (2). See P.L. 101-596, sec. 303, 104 
Stat. 3006.
---------------------------------------------------------------------------
    [(e) Pollution Prevention, Control, and Restoration Plan.--
(1) Not later than three years after the date of the enactment 
of this section, the Management Conference shall publish a 
pollution prevention, control, and restoration plan (hereafter 
in this section referred to as the ``Plan'') for Lake 
Champlain.
    [(2) The Plan developed pursuant to this section shall--
            [(A) identify corrective actions and compliance 
        schedules addressing point and nonpoint sources of 
        pollution necessary to restore and maintain the 
        chemical, physical, and biological integrity of water 
        quality, a balanced, indigenous population of 
        shellfish, fish and wildlife, recreational, and 
        economic activities in and on the lake;
            [(B) incorporate environmental management concepts 
        and programs established in State and Federal plans and 
        programs in effect at the time of the development of 
        such plan;
            [(C) clarify the duties of Federal and State 
        agencies in pollution prevention and control 
        activities, and to the extent allowable by law, suggest 
        a timetable for adoption by the appropriate Federal and 
        State agencies to accomplish such duties within a 
        reasonable period of time;
            [(D) describe the methods and schedules for funding 
        of programs, activities, and projects identified in the 
        Plan, including the use of Federal funds and other 
        sources of funds; and
            [(E) include a strategy for pollution prevention 
        and control that includes the promotion of pollution 
        prevention and management practices to reduce the 
        amount of pollution generated in the Lake Champlain 
        basin.
    [(3) The Administrator, in cooperation with the Management 
Conference, shall provide for public review and comment on the 
draft Plan. At a minimum, the Management Conference shall 
conduct one public meeting to hear comments on the draft plan 
in the State of New York and one such meeting in the State of 
Vermont.
    [(4) Not less than one hundred and twenty days after the 
publication of the Plan required pursuant to this section, the 
Administrator shall approve such plan if the plan meets the 
requirements of this section and the Governors of the States of 
New York and Vermont concur.
    [(5) Upon approval of the plan, such plan shall be deemed 
to be an approved management program for the purposes of 
section 319(h) of this Act and such plan shall be deemed to be 
an approved comprehensive conservation and management plan 
pursuant to section 320 of this Act.
    [(f) Grant Assistance.--(1) The Administrator may, in 
consultation with the Management Conference, make grants to 
State, interstate, and regional water pollution control 
agencies, and public or nonprofit agencies, institutions, and 
organizations.
    [(2) Grants under this subsection shall be made for 
assisting research, surveys, studies, and modeling and 
technical and supporting work necessary for the development of 
the Plan and for retaining expert consultants in support of 
litigation undertaken by the State of New York and the State of 
Vermont to compel cleanup or obtain cleanup damage costs from 
persons responsible for pollution of Lake Champlain.
    [(3) The amount of grants to any person under this 
subsection for a fiscal year shall not exceed 75 per centum of 
the costs of such research, survey, study and work and shall be 
made available on the condition that non-Federal share of such 
costs are provided from non-Federal sources.
    [(4) The Administrator may establish such requirements for 
the administration of grants as he determines to be 
appropriate.
    [(g) Definition.--For the purposes of this section, the 
term ``Lake Champlain drainage basin'' means all or part of 
Clinton, Franklin, Warren, Essex, and Washington counties in 
the State of New York and all or part of Franklin, Grand Isle, 
Chittenden, Addison, Rutland, Lamoille, Orange, Washington, 
Orleans, and Caledonia counties in Vermont, that contain all of 
the streams, rivers, lakes, and other bodies of water, 
including wetlands, that drain into Lake Champlain.
    [(h) Statutory Interpretation.--Nothing in this section 
shall be construed so as to affect the jurisdiction or powers 
of--
            [(1) any department or agency of the Federal 
        Government or any State government; or
            [(2) any international organization or entity 
        related to Lake Champlain created by treaty or 
        memorandum to which the United States is a signatory.
    [(i) Authorization.--There are authorized to be 
appropriated to the Environmental Protection Agency to carry 
out this section $2,000,000 for each of fiscal years 1991, 
1992, 1993, 1994, and 1995.]

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.
            (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 for 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.

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                WATER RESOURCES DEVELOPMENT ACT OF 2000

[Public Law 106-541]

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SEC. 542. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.

    [(a) Definitions.--In this section, the following 
definitions apply:
            [(1) Critical restoration project.--The term 
        ``critical restoration project'' means a project that 
        will produce, consistent with Federal programs, 
        projects, and activities, immediate and substantial 
        ecosystem restoration, preservation, and protection 
        benefits.
            [(2) Lake champlain watershed.--The term ``Lake 
        Champlain watershed'' means--
                    [(A) the land areas]
    (a) Definition of Lake Champlain Watershed.--In this 
section, the term ``Lake Champlain watershed'' means--
            (1) the land areas within Addison, Bennington, 
        Caledonia, Chittenden, Franklin, Grand Isle, Lamoille, 
        Orange, Orleans, Rutland, and Washington Counties in 
        the State of Vermont; and
                    [(B)(i) the]
            (2)(A) the land areas that drain into Lake 
        Champlain and that are located within Essex, Clinton, 
        Franklin, Hamilton, Warren, and Washington Counties in 
        the State of New York; and
                            [(ii) the]
            (B) the near-shore areas of Lake Champlain within 
        the counties referred to in subparagraph (A).
    (b) [Critical Restoration Projects] Ecosystem Restoration 
Program.--
            (1) In general.--The Secretary may [participate in] 
        provide design and construction assistance to non-
        Federal interests for [critical restoration] ecosystem 
        restoration projects in the Lake Champlain watershed.
            (2) Types of projects.--[A] An [critical 
        restoration] ecosystem restoration project shall be 
        eligible for assistance under this section if the 
        [critical restoration] ecosystem restoration project 
        consists of--
                    (A) implementation of an intergovernmental 
                agreement for coordinating regulatory and 
                management responsibilities with respect to the 
                Lake Champlain watershed;
                    (B) acceleration of whole farm planning to 
                implement best management practices to maintain 
                or enhance water quality and to promote 
                agricultural land use in the Lake Champlain 
                watershed;
                    (C) acceleration of whole community 
                planning to promote intergovernmental 
                cooperation in the regulation and management of 
                activities consistent with the goal of 
                maintaining or enhancing water quality in the 
                Lake Champlain watershed;
                    (D) natural resource stewardship activities 
                on public or private land to promote land uses 
                that--
                            (i) preserve and enhance the 
                        economic and social character of the 
                        communities in the Lake Champlain 
                        watershed; and
                            (ii) protect and enhance water 
                        quality; or
                    (E) any other activity determined by the 
                Secretary to be appropriate, including remote 
                sensing and the development of a geographic 
                information system for the Lake Champlain basin 
                by the Cold Regions Research and Engineering 
                Laboratory.
    (c) Public Ownership Requirement.--The Secretary may 
provide [assistance for a] design and construction assistance 
for an [critical restoration] ecosystem restoration project 
under this section only if--
            (1) the [critical restoration] ecosystem 
        restoration project is publicly owned; or
            (2) the non-Federal interest with respect to the 
        [critical restoration] ecosystem restoration project 
        demonstrates that the [critical restoration] ecosystem 
        restoration project will provide a substantial public 
        benefit in the form of ecosystem restoration or water 
        quality improvement.
    (d) Project Selection.--
            [(1) In general.--In consultation with the Lake 
        Champlain Basin Program and the heads of other 
        appropriate Federal, State, tribal, and local agencies, 
        the Secretary may--
                    [(A) identify [critical restoration] 
                ecosystem restoration projects in the Lake 
                Champlain watershed; and
                    [(B) carry out the [critical restoration] 
                ecosystem restoration projects after entering 
                into an agreement with an appropriate non-
                Federal interest in accordance with section 221 
                of the Flood Control Act of 1970 (42 U.S.C. 
                1962d-5b) and this section.
            [(2) Certification.--
                    [(A) In general.--A]
    (d) Criteria for Eligibility.--
            (1) In general.--An [critical restoration] 
        ecosystem restoration project shall be eligible for 
        financial assistance under this section only if the 
        appropriate State official for the [critical 
        restoration] ecosystem restoration project certifies to 
        the Secretary that the [critical restoration] ecosystem 
        restoration project will contribute to the protection 
        and enhancement of the quality or quantity of the water 
        resources of the Lake Champlain watershed.
                    [(B) Special]
            (2) Special consideration.--In certifying [critical 
        restoration] ecosystem restoration projects to the 
        Secretary, the appropriate State officials shall give 
        special consideration to projects that implement plans, 
        agreements, and measures that preserve and enhance the 
        economic and social character of the communities in the 
        Lake Champlain watershed.
    (e) Cost Sharing.--
            (1) In general.--Before providing assistance under 
        this section with respect [to a] to an [critical 
        restoration] ecosystem restoration project, the 
        Secretary shall enter into a [project] project (which 
        assistance may include the provision of funds through 
        the Lake Champlain Basin Program), cooperation 
        [agreement that shall require the non-Federal interest] 
        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--
                    (A) to pay 35 percent of the total costs of 
                the project;
                    (B) to provide any land, easements, rights-
                of-way, dredged material disposal areas, and 
                relocations necessary to carry out the project;
                    (C) to pay 100 percent of the operation, 
                maintenance, repair, replacement, and 
                rehabilitation costs associated with the 
                project; and
                    (D) to hold the United States harmless from 
                any claim or damage that may arise from 
                carrying out the project, except any claim or 
                damage that may arise from the negligence of 
                the Federal Government or a contractor of the 
                Federal Government.
            (2) Non-federal share.--
                    (A) Credit for design work.--The non-
                Federal interest shall receive credit for the 
                reasonable costs of design work carried out by 
                the non-Federal interest before the date of 
                execution of a project cooperation agreement 
                for the [critical restoration] ecosystem 
                restoration project, if the Secretary finds 
                that the design work is integral to the 
                project.
                    (B) Credit for land, easements, and rights-
                of-way.--The Secretary shall credit the non-
                Federal interest for the value of any land, 
                easement, right-of-way, dredged material 
                disposal area, or relocation provided for 
                carrying out the project.
                    (C) Form.--The non-Federal interest may 
                provide up to [50] 100 percent of the non-
                Federal share in the form of services, 
                materials, supplies, or other in-kind 
                contributions.
            (3) Credit for agricultural conservation.--Funds 
        provided to a non-Federal interest under the 
        conservation reserve enhancement program of the 
        Department of Agriculture announced on May 27, 1998 (63 
        Fed. Reg. 28965), or the wetlands reserve program under 
        subchapter C of chapter 1 of subtitle D of title XII of 
        the Food Security Act of 1985 (16 U.S.C. 3837 et seq.), 
        for use in carrying out a project under the Plan shall 
        be credited toward the non-Federal share of the cost of 
        the project if the Secretary of Agriculture certifies 
        that those funds may be used for the purpose of the 
        project under the Plan.
    (f) Applicability of other federal and state laws.--Nothing 
in this section waives, limits, or otherwise affects the 
applicability of Federal or State law with respect to a project 
carried out with assistance provided under this section.
    (g) Authorization of appropriations.--There is authorized 
to be appropriated to carry out this section $20,000,000, to 
remain available until expended.

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