Onondaga Lake Watershed Improvement Act

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:

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.

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.

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).

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).

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.

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.

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.

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).

The Onondaga Lake Watershed Council shall appoint members to each committee described in subparagraph (A).

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).

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.

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.

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.

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.

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.

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.

The Onondaga Lake Watershed Council shall establish and direct a center to be known as the Onondaga Lake Scientific Center.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

In this section:

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.

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).

The term Onondaga Lake means Onondaga Lake, New York and its watershed and tributaries.

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.

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.

The Administrator may use amounts made available under paragraph (1) for administrative expenses associated with carrying out this section.

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.