33 U.S.C. § 1270 : US Code - Section 1270: Lake Champlain Basin Program

Search 33 U.S.C. § 1270 : US Code - Section 1270: Lake Champlain Basin Program

(a) Establishment
(1) In general
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.
(2) Implementation
The Administrator -
(A) may provide support to the State of Vermont, the State of
New York, and the New England Interstate Water Pollution
Control Commission for the implementation of the Lake Champlain
Basin Program; and
(B) shall coordinate actions of the Environmental Protection
Agency under subparagraph (A) with the actions of other
appropriate Federal agencies.
(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
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.
(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 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;
(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; and
(F) be reviewed and revised, as necessary, at least once every
5 years, in consultation with the Administrator and other
appropriate Federal agencies.
(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 participants in
the Lake Champlain Basin Program, 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 and implementation of
the Plan.
(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) Definitions
In this section:
(1) Lake Champlain Basin Program
The term "Lake Champlain Basin Program" means the coordinated
efforts among the Federal Government, State governments, and
local governments to implement the Plan.
(2) Lake Champlain drainage basin
The term "Lake Champlain drainage basin" means all or part of
Clinton, Franklin, Hamilton, Warren, Essex, and Washington
counties in the State of New York and all or part of Franklin,
Grand Isle, Chittenden, Addison, Rutland, Bennington, 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.
(3) Plan
The term "Plan" means the plan developed under subsection (e)
of this section.
(h) No effect on certain authority
Nothing in this section -
(1) affects the jurisdiction or powers of -
(A) any department or agency of the Federal Government or any
State government; or
(B) any international organization or entity related to Lake
Champlain created by treaty or memorandum to which the United
States is a signatory;
(2) provides new regulatory authority for the Environmental
Protection Agency; or
(3) affects section 304 of the Great Lakes Critical Programs
Act of 1990 (Public Law 101-596; 33 U.S.C. 1270 note).
(i) Authorization
There are authorized to be appropriated to the Environmental
Protection Agency to carry out this section -
(1) $2,000,000 for each of fiscal years 1991, 1992, 1993, 1994,
and 1995;
(2) such sums as are necessary for each of fiscal years 1996
through 2003; and
(3) $11,000,000 for each of fiscal years 2004 through 2008.