
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 33USC1270]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
           CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
 
               SUBCHAPTER I--RESEARCH AND RELATED PROGRAMS
 
Sec. 1270. Lake Champlain Management Conference


(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 November 16, 1990.

(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 November 16, 1990, 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.
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    \1\ So in original. Subsec. (d) enacted without a par. (2).
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(e) Pollution prevention, control, and restoration plan

    (1) Not later than three years after November 16, 1990, 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 1329(h) of this 
title and such plan shall be deemed to be an approved comprehensive 
conservation and management plan pursuant to section 1330 of this title.

(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) ``Lake Champlain drainage basin'' defined

    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.

(June 30, 1948, ch. 758, title I, Sec. 120, as added Pub. L. 101-596, 
title III, Sec. 303, Nov. 16, 1990, 104 Stat. 3006.)


                      Federal Program Coordination

    Section 304 of Pub. L. 101-596, as amended by Pub. L. 104-127, title 
III, Sec. 336(a)(2)(F), Apr. 4, 1996, 110 Stat. 1005, provided that:
    ``(a) Designation of Lake Champlain as a Priority Area Under the 
Environmental Quality Incentives Program.--
        ``(1) In general.--Notwithstanding any other provision of law, 
    the Lake Champlain basin, as defined under section 120(h) of the 
    Federal Water Pollution Control Act [33 U.S.C. 1270(h)], shall be 
    designated by the Secretary of Agriculture as a priority area under 
    the environmental quality incentives program established under 
    chapter 4 of subtitle D of title XII of the Food Security Act of 
    1985 [16 U.S.C. 3839aa et seq.].
        ``(2) Technical assistance reimbursement.--To carry out the 
    purposes of this subsection, the technical assistance reimbursement 
    from the Agricultural Stabilization and Conservation Service 
    authorized under the Soil Conservation and Domestic Allotment Act 
    [16 U.S.C. 590a et seq.], shall be increased from 5 per centum to 10 
    per centum.
        ``(3) Comprehensive agricultural monitoring.--The Secretary, in 
    consultation with the Management Conference and appropriate State 
    and Federal agencies, shall develop a comprehensive agricultural 
    monitoring and evaluation network for all major drainages within the 
    Lake Champlain basin.
        ``(4) Allocation of funds.--In allocating funds under this 
    subsection, the Secretary of Agriculture shall consult with the 
    Management Conference established under section 120 of the Federal 
    Water Pollution Control Act and to the extent allowable by law, 
    allocate funds to those agricultural enterprises located at sites 
    that the Management Conference determines to be priority sites, on 
    the basis of a concern for ensuring implementation of nonpoint 
    source pollution controls throughout the Lake Champlain basin.
    ``(b) Cooperation of the United States Geological Survey of the 
Department of the Interior.--For the purpose of enhancing and expanding 
basic data collection and monitoring in operation in the Lake Champlain 
basin, as defined under section 120 of the Federal Water Pollution 
Control Act [33 U.S.C. 1270], the Secretary of the Interior, acting 
through the heads of water resources divisions of the New York and New 
England districts of the United States Geological Survey, shall--
        ``(1) in cooperation with appropriate universities and private 
    research institutions, and the appropriate officials of the 
    appropriate departments and agencies of the States of New York and 
    Vermont, develop an integrated geographic information system of the 
    Lake Champlain basin;
        ``(2) convert all partial recording sites in the Lake Champlain 
    basin to continuous monitoring stations with full gauging 
    capabilities and status; and
        ``(3) establish such additional continuous monitoring station 
    sites in the Lake Champlain basin as are necessary to carry out 
    basic data collection and monitoring, as defined by the Secretary of 
    the Interior, including groundwater mapping, and water quality and 
    sediment data collection.
    ``(c) Cooperation of the United States Fish and Wildlife Service of 
the Department of the Interior.--
        ``(1) Resource conservation program.--The Secretary of the 
    Interior, acting through the United States Fish and Wildlife 
    Service, in cooperation with the Lake Champlain Fish and Wildlife 
    Management Cooperative and the Management Conference established 
    pursuant to this subsection shall--
            ``(A) establish and implement a fisheries resources 
        restoration, development and conservation program, including 
        dedicating a level of hatchery production within the Lake 
        Champlain basin at or above the level that existed immediately 
        preceding the date of enactment of this Act [Nov. 16, 1990]; and
            ``(B) conduct a wildlife species and habitat assessment 
        survey in the Lake Champlain basin, including--
                ``(i) a survey of Federal threatened and endangered 
            species, listed or proposed for listing under the Endangered 
            Species Act of 1973 (16 U.S.C. 1531 et seq.), New York State 
            and State of Vermont threatened and endangered species and 
            other species of special concern, migratory nongame species 
            of management concern, and national resources plan species;
                ``(ii) a survey of wildlife habitats such as islands, 
            wetlands, and riparian areas; and
                ``(iii) a survey of migratory bird populations breeding, 
            migrating and wintering within the Lake Champlain basin.
        ``(2) To accomplish the purposes of paragraph (1), the Director 
    of the United States Fish and Wildlife Service is authorized to 
    carry out activities related to--
            ``(A) controlling sea lampreys and other nonindigenous 
        aquatic animal nuisances;
            ``(B) improving the health of fishery resources;
            ``(C) conducting investigations about and assessing the 
        status of fishery resources, and disseminating that information 
        to all interested parties; and
            ``(D) conducting and periodically updating a survey of the 
        fishery resources and their habitats and food chains in the Lake 
        Champlain basin.
    ``(d) Authorizations.--(1) There is authorized to be appropriated to 
the Department of Agriculture $2,000,000 for each of fiscal years 1991, 
1992, 1993, 1994, and 1995 to carry out subsection (a) of this section.
    ``(2) There is authorized to be appropriated to the Department of 
[the] Interior $1,000,000 for each of fiscal years 1991, 1992, 1993, 
1994, and 1995 to carry out subsections (b) and (c) of this section.''
