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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8579 Introduced in House (IH)]

<DOC>

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.
                                 <all>
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