[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8579 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8579
To amend the Federal Water Pollution Control Act to direct the
Administrator of the Environmental Protection Agency to carry out
further improvement of Onondaga Lake, New York, and for the purposes of
integrating research, education, planning and restoration of the
watershed.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 28, 2024
Mr. Williams of New York introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to direct the
Administrator of the Environmental Protection Agency to carry out
further improvement of Onondaga Lake, New York, and for the purposes of
integrating research, education, planning and restoration of the
watershed.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Onondaga Lake Watershed Improvement
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the recovery of Onondaga Lake is
of National importance.
SEC. 3. ONONDAGA LAKE, NEW YORK.
(a) Management Activities.--Title I of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end
the following:
``SEC. 127. ONONDAGA LAKE, NEW YORK.
``(a) Management Activities.--
``(1) Establishment of onondaga lake watershed council.--
The Administrator shall establish a council, to be known as the
`Onondaga Lake Watershed Council', to develop a plan, to be
known as the `Adaptive Management Plan', consistent with the
Onondaga Lake Management Plan, for further improvement of
Onondaga Lake.
``(2) Implementation of adaptive management plan.--The
Administrator shall cooperate with Federal and State agencies
to carry out the recommendations of the Adaptive Management
Plan, and such recommendations shall be carried out--
``(A) in consultation with the Onondaga Lake
Watershed Council; and
``(B) with the participation of the public,
including the Onondaga Nation, Federal, State, and
local governmental entities, and any other entities
that may be affected by activities carried out under
this section.
``(b) Onondaga Lake Watershed Council.--
``(1) Duties.--
``(A) Development of adaptive management plan.--The
Onondaga Lake Watershed Council shall develop and
periodically revise the Adaptive Management Plan in
consultation with the Onondaga Lake Scientific Center
established under subsection (d).
``(B) Establishment of program for public
participation.--The Onondaga Lake Watershed 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 any other entities
that may be affected by activities under this section,
in the development and revision of the Adaptive
Management Plan under subparagraph (A).
``(2) Membership.--
``(A) In general.--The Onondaga Lake Watershed
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 of agency, as determined by
the Administrator.
``(iv) A representative of the Governor of
the State of New York.
``(v) A representative of the Attorney
General.
``(vi) A representative designated by the
Onondaga Nation Council of Chiefs.
``(vii) A representative designated by the
County Executive of Onondaga County, New York.
``(viii) A representative designated by the
mayor of the City of Syracuse, New York.
``(B) Ex officio membership.--The Onondaga Lake
Watershed 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 all or partially within the Onondaga
Lake watershed.
``(iii) Each member of the New York State
Legislature whose district is located all or
partially within the Onondaga Lake watershed.
``(iv) Other members as the Administrator
determines appropriate.
``(C) Designees.--Any member of the Onondaga Lake
Watershed 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 Onondaga Lake Watershed
Council shall adopt bylaws providing for the
establishment of standing committees including the
following:
``(i) A Public Participation Committee.
``(ii) A Science and Engineering Committee,
which shall include representatives of the
member institutions of the Onondaga Lake
Science Center established under subsection
(d).
``(B) Appointment.--The Onondaga Lake Watershed
Council shall appoint members to each committee
described in subparagraph (A).
``(c) Adaptive Management Plan.--
``(1) Identification of goals.--In developing the Adaptive
Management Plan under this section, the Onondaga Lake Watershed
Council shall identify measurable goals for--
``(A) the further restoration, conservation, and
management of Onondaga Lake; and
``(B) compliance with all provisions of law
affecting the further 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)(C)) and
the Amended Consent Judgment and all effluent
limitations therein (or otherwise promulgated under
this Act).
``(2) Recommendation of strategies.--To achieve the goals
identified under paragraph (1), the Onondaga Lake Watershed
Council shall incorporate and specify the recommendations of
the Onondaga Lake Management Plan in the Adaptive Management
Plan and recommend strategies for management of--
``(A) the biological and chemical makeup and
structural attributes of Onondaga Lake; and
``(B) the use of Onondaga Lake for educational,
recreational, and other purposes.
``(3) Coordination with other activities.--The strategies
recommended under paragraph (2) shall provide for coordination
with all other activities to further restore or conserve, or
otherwise affecting the restoration or conservation of,
Onondaga Lake, including ongoing public participation
activities, scientific and engineering activities, and other
activities carried out under Federal, State, or local 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
Onondaga Lake Watershed Council shall--
``(A) identify a specific, integrated scientific
and engineering program, which may include monitoring,
process studies, and modeling, by which the Council may
make such evaluation, and provide for the periodic
revision of such program to achieve such goals;
``(B) establish and implement the integrated
scientific and engineering program identified under
subparagraph (A); and
``(C) provide for the periodic evaluation of the
information provided by such program.
``(5) Approval.--
``(A) In general.--The recommendations of the
Adaptive Management Plan shall not be implemented under
subsection (a)(2) before the date on which the plan is
approved by the Administrator, in consultation with the
Governor of the State of New York.
``(B) Timeline.--The Administrator, after providing
an opportunity for public review and comment, shall
approve the Adaptive Management Plan not later than 120
days after the date on which such plan is developed if
the Adaptive Management Plan meets the requirements of
this section.
``(6) Effect on onondaga lake management plan.--This
section shall not be construed to interfere with any activity
carried out under the Onondaga Lake Management Plan, or any
other activity affecting the further restoration, conservation
or management of Onondaga Lake.
``(d) Onondaga Lake Scientific Center.--
``(1) Establishment.--The Onondaga Lake Watershed Council
shall establish and direct a center to be known as the
`Onondaga Lake Scientific Center'.
``(2) Duties.--The Onondaga Lake Scientific Center shall
advise the Onondaga Lake Watershed 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 integrated scientific
and engineering program under subsection (c)(4);
``(D) establishment of the program for public
participation described in subsection (b)(1)(B); and
``(E) other matters concerning the development and
implementation of the Adaptive Management Plan under
this section.
``(3) Membership.--The Onondaga Lake Scientific Center
shall consist of the following members:
``(A) The Administrator.
``(B) Non-Federal entities appointed by the
Onondaga Lake Watershed Council, including--
``(i) Syracuse University;
``(ii) the State University of New York
College of Environmental Science and Forestry;
``(iii) the Onondaga Environmental
Institute; and
``(iv) other members as the Onondaga Lake
Watershed Council determines appropriate.
``(4) Reporting.--The Onondaga Lake Scientific Center shall
submit to the Onondaga Lake Watershed 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
activities of the integrated scientific and engineering
program to accomplish the goals identified under
subsection (c)(1); and
``(C) recommending means for implementation of such
changes.
``(e) Grants.--
``(1) In general.--The Administrator, in consultation with
the Onondaga Lake Watershed Council, may make grants to the
State of New York, the City of Syracuse, New York, Onondaga
County, New York, and the Onondaga Environmental Institute--
``(A) to implement the strategies recommended under
section (c)(2);
``(B) for research, surveys, administrative
services, studies and elements of the integrated
scientific program; and
``(C) to gather data necessary to carry out the
objectives of this section.
``(2) Conditions.--As a condition of receiving a grant
under this subsection, the Onondaga Environmental Institute
shall provide administrative services for the development and
implementation of the Onondaga Lake Science Center and the
Adaptive Management Plan.
``(3) Matching requirement.--
``(A) In general.--The non-Federal share of the
cost of an activity carried out with a grant under this
subsection may not exceed 35 percent of the cost of
such activity.
``(B) In-kind contribution.--The non-Federal share
required under this paragraph shall be provided from
non-Federal sources, and may be satisfied through the
provision of in-kind services.
``(4) No relief from liability.--Grants made 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.
``(f) Relationship to Other Laws.--
``(1) No effect on federal or state law.--This section
shall not be construed to alter, modify, or otherwise affect
any other provision of Federal or State law or any
responsibility assigned thereunder, including--
``(A) this Act; or
``(B) 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.
``(2) No effect on existing liabilities.--This section
shall not be construed to create or enlarge any liability that
any party may have for natural resource damages under any
provision of law.
``(g) Definitions.--In this section:
``(1) 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, as amended.
``(2) Onondaga environmental institute.--The term `Onondaga
Environmental Institute' means the not-for-profit corporation
established pursuant to section 401(d)(1) of the Great Lakes
Critical Programs Act of 1990 (104 Stat. 3010) and section
411(d)(1) of the Water Resources Development Act of 1990 (104
Stat. 4648).
``(3) Onondaga lake.--The term `Onondaga Lake' means
Onondaga Lake, New York and its watershed and tributaries.
``(4) 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 (104
Stat. 3010) and 411(a)(1) of the Water Resources
Development Act of 1990 (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 (113 Stat. 372), as
in effect on the day before the date of the enactment
of this Act.
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Administrator to carry out this section $10,000,000 each
fiscal year, to remain available until expended.
``(2) Administrative expenses.--The Administrator may use
amounts made available under paragraph (1) for administrative
expenses associated with carrying out this section.''.
(b) Water Resources Development Act of 1999.--Section 573 of the
Water Resources Development Act of 1999 (113 Stat. 372) is repealed.
Such section 573, as in effect on the day before the date of the
enactment of this Act, shall continue to apply to amounts appropriated
before such date and made available to carry out such section.
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