§1270 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Set up a Lake Champlain Management Conference to create a plan to prevent pollution, control pollution, and restore Lake Champlain. The EPA Administrator must start the conference within 90 days after November 16, 1990. Members include the Governors of Vermont and New York; up to five Federal agencies; the Vermont and New York chairs of the Vermont‑New York‑Quebec Citizens Advisory Committee; four legislators from each State; six local government representatives; and eight people from industry, nonprofits, schools, and the public chosen by the citizens advisory group (they cannot be current advisory committee members). The conference must appoint a Technical Advisory Committee within 120 days after November 16, 1990, made up of federal, state, and local officials and public and private research institutions. The conference must run a multi‑disciplinary research program with the Lake Champlain Research Consortium and publish a pollution prevention, control, and restoration plan within three years after November 16, 1990. The plan must name actions and schedules to fix point and nonpoint pollution so the lake’s water quality, wildlife, recreation, and economy are restored and maintained; include existing State and Federal programs; clarify agency duties and suggest timetables where allowed; explain how programs and projects will be paid for (including Federal and other funds); promote pollution prevention practices; and be reviewed and updated at least once every 5 years with the EPA and other Federal agencies. The EPA and the conference must allow public review and hold at least one public meeting in New York and one in Vermont. The EPA will approve the plan no sooner than 120 days after publication if it meets the requirements and the two Governors agree. Once approved, the plan counts as an approved management and conservation plan under related federal water laws. The EPA Administrator may make grants, in consultation with program participants, to State, interstate, regional, public, and nonprofit groups to help with research, surveys, studies, modeling, and technical work for the plan. Grants may cover up to 75 percent of the costs for any person in a fiscal year and require the non‑Federal share to come from non‑Federal sources. The EPA may set grant rules. The “Patrick Leahy Lake Champlain Basin Program” means the coordinated Federal, State, and local work to carry out the plan. The “Lake Champlain drainage basin” means the listed New York and Vermont counties that drain into Lake Champlain. “Plan” means the plan made under the conference. Nothing here changes the powers of Federal or State agencies or international groups tied to the lake, gives EPA new regulatory power, or affects section 304 of the Great Lakes Critical Programs Act of 1990 (Public Law 101–596; 33 U.S.C. 1270 note). Up to $35,000,000 is authorized for the EPA for each of fiscal years 2023 through 2027, to remain available until expended.

Title 33, §1270

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)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)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 Patrick Leahy 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)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)(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)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)(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)(1)The Administrator may, in consultation with participants in the Patrick Leahy 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)In this section:

(1)The term “Patrick Leahy Lake Champlain Basin Program” means the coordinated efforts among the Federal Government, State governments, and local governments to implement the Plan.

(2)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)The term “Plan” means the plan developed under subsection (e).

(h)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)There is authorized to be appropriated to the Administrator to carry out this section $35,000,000 for each of fiscal years 2023 through 2027, to remain available until expended.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Pub. L. 117–328, § 404(a)(1), (2), inserted “Patrick Leahy” before “Lake Champlain Basin Program” in section catchline and wherever appearing in text. Subsec. (g)(1). Pub. L. 117–328, § 404(a)(3), inserted “Patrick Leahy” before “Lake Champlain Basin Program” in heading. Subsec. (i). Pub. L. 117–328, § 404(a)(4), amended subsec. (i) generally. Prior to amendment, text read as follows: “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.” 2002—Pub. L. 107–303, § 202(1), substituted “Lake Champlain Basin Program” for “Lake Champlain Management Conference” in section catchline. Subsec. (a). Pub. L. 107–303, § 202(1), (2), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (d). Pub. L. 107–303, § 202(3), struck out par. (1) designation before “The Management”. Subsec. (e)(1). Pub. L. 107–303, § 202(4)(A), struck out “(hereafter in this section referred to as the ‘Plan’)” after “restoration plan”. Subsec. (e)(2)(F). Pub. L. 107–303, § 202(4)(B), added subpar. (F). Subsec. (f)(1). Pub. L. 107–303, § 202(5)(A), substituted “participants in the Lake Champlain Basin Program,” for “the Management Conference,”. Subsec. (f)(2). Pub. L. 107–303, § 202(5)(B), substituted “development and implementation of the Plan” for “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”. Subsec. (g). Pub. L. 107–303, § 202(6)(A), substituted “Definitions” for “ ‘Lake Champlain drainage basin’ defined” in subsec. heading, inserted introductory provisions, added par. (1), inserted par. (2) designation and heading after par. (1) and inserted “The term” before “ ‘Lake Champlain drainage”. Subsec. (g)(2). Pub. L. 107–303, § 202(6)(B), inserted “Hamilton,” after “Franklin,” and “Bennington,” after “Rutland,”. Subsec. (g)(3). Pub. L. 107–303, § 202(6)(C), added par. (3). Subsec. (h). Pub. L. 107–303, § 202(7), added subsec. (h) and struck out heading and text of former subsec. (h). Text read as follows: “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.” Subsec. (i). Pub. L. 107–303, § 202(8), substituted “section—” for “section $2,000,000”, inserted “(1) $2,000,000” before “for each of fiscal years 1991,”, substituted “1995;” for “1995.”, and added pars. (2) and (3).

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 117–328, div. O, title IV, § 404(c), Dec. 29, 2022, 136 Stat. 5229, provided that: “Any reference in law, regulation, map, document, paper, or other record of the United States to the ‘Lake Champlain Basin Program’ shall be deemed to be a reference to the Patrick Leahy Lake Champlain Basin Program.” Federal Program Coordination Pub. L. 101–596, title III, § 304, Nov. 16, 1990, 104 Stat. 3008, as amended by Pub. L. 104–127, title III, § 336(a)(2)(F), Apr. 4, 1996, 110 Stat. 1005; Pub. L. 115–334, title II, § 2301(d)(2)(F), Dec. 20, 2018, 132 Stat. 4555, 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 subchapter A of 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.”

§1270 Patrick Leahy Lake Champlain Basin Program