I 

111TH CONGRESS 

2D SESSION H. R. 5635 

To amend the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to carry out activities 

for the restoration, conservation, and management of Onondaga Lake, 

New York, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 29, 2010 

Mr. MAFFEI 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 activities for the restoration, conservation, 

and management of Onondaga Lake, New York, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Onondaga Lake Res5 toration Act’’. 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•HR 5635 IH

1 SEC. 2. ONONDAGA LAKE, NEW YORK. 

2 (a) RESTORATION, CONSERVATION, AND MANAGE3 MENT ACTIVITIES.—Title I of the Federal Water Pollution 

4 Control Act (33 U.S.C. 1251) is amended by adding at 

5 the end the following new section: 

6 ‘‘SEC. 123. ONONDAGA LAKE, NEW YORK. 

7 ‘‘(a) RESTORATION, CONSERVATION, AND MANAGE8 MENT ACTIVITIES.— 

9 ‘‘(1) ESTABLISHMENT OF ONONDAGA LAKE WA10 TERSHED COUNCIL.—The Administrator shall estab11 lish a council, to be known as the ‘Onondaga Lake 

12 Watershed Council’, to develop a plan for the res13 toration, conservation, and management of Onon14 daga Lake, to be known as the ‘Adaptive Manage15 ment Plan’. 

16 ‘‘(2) IMPLEMENTATION OF ADAPTIVE MANAGE17 MENT PLAN.—The Administrator shall cooperate 

18 with Federal and State agencies and make grants, 

19 and otherwise make funds available under subsection 

20 (f), to carry out the recommendations of the Adapt21 ive Management Plan. Such recommendations shall 

22 be carried out— 

23 ‘‘(A) in consultation with the Onondaga 

24 Lake Watershed Council; and 

25 ‘‘(B) with the participation of the public, 

26 including the Onondaga Nation, Federal, State, 


srobinson on DSKHWCL6B1PROD with BILLS
3 

•HR 5635 IH

1 and local governmental entities, and all other 

2 entities that may be affected by activities under 

3 this section. 

4 ‘‘(b) ONONDAGA LAKE WATERSHED COUNCIL.— 

5 ‘‘(1) DUTIES.— 

6 ‘‘(A) DEVELOPMENT OF ADAPTIVE MAN7 AGEMENT PLAN.—The Onondaga Lake Water8 shed Council shall develop and (as necessary to 

9 achieve the goals identified under subsection 

10 (c)(1)) periodically revise the Adaptive Manage11 ment Plan in consultation with the Onondaga 

12 Lake Scientific Center. 

13 ‘‘(B) ESTABLISHMENT OF PROGRAM FOR

14 PUBLIC PARTICIPATION.—The Onondaga Lake 

15 Watershed Council shall establish and carry out 

16 a comprehensive, inclusive, and ongoing pro17 gram for participation of the public, including 

18 the Onondaga Nation, Federal, State, and local 

19 governmental entities, and all other entities 

20 that may be affected by activities under this 

21 section, in the development and revision of the 

22 Adaptive Management Plan under subpara23 graph (A). 

24 ‘‘(2) MEMBERSHIP.— 


srobinson on DSKHWCL6B1PROD with BILLS
4 

•HR 5635 IH

1 ‘‘(A) IN GENERAL.—The Onondaga Lake 

2 Watershed Council shall consist of the following 

3 members: 

4 ‘‘(i) The Administrator. 

5 ‘‘(ii) The Secretary of the Army. 

6 ‘‘(iii) The head of any other interested 

7 Federal department or agency, as deter8 mined by the Administrator. 

9 ‘‘(iv) The Governor of the State of 

10 New York. 

11 ‘‘(v) A representative designated by 

12 the Onondaga Nation Council of Chiefs. 

13 ‘‘(vi) A representative designated by 

14 the mayor of the City of Syracuse, New 

15 York. 

16 ‘‘(vii) A representative designated by 

17 the County Executive of Onondaga County, 

18 New York. 

19 ‘‘(B) EX OFFICIO MEMBERSHIP.—The On20 ondaga Lake Watershed Council shall consist of 

21 the following ex officio, non-voting members: 

22 ‘‘(i) The Senators from the State of 

23 New York. 

24 ‘‘(ii) Each Member of the House of 

25 Representatives whose congressional disVerDate Mar 15 2010 22:13 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5635.IH H5635

srobinson on DSKHWCL6B1PROD with BILLS
5 

•HR 5635 IH

1 trict is located all or partially within the 

2 Onondaga Lake watershed. 

3 ‘‘(iii) Each member of the New York 

4 State Legislature whose district is located 

5 all or partially within the Onondaga Lake 

6 watershed. 

7 ‘‘(iv) Such other members as the Ad8 ministrator determines appropriate. 

9 ‘‘(C) DESIGNEES.—Any member of the 

10 Onondaga Lake Watershed Council described in 

11 clauses (i) through (iv) of subparagraph (A) or 

12 in subparagraph (B) may appoint a designee to 

13 serve in place of the member on the Council. 

14 ‘‘(3) COMMITTEES.— 

15 ‘‘(A) ESTABLISHMENT.—The Onondaga 

16 Lake Watershed Council shall adopt bylaws 

17 providing for the establishment of standing 

18 committees including the following: 

19 ‘‘(i) A Public Outreach and Participa20 tion Committee. 

21 ‘‘(ii) A Science and Engineering Com22 mittee. 

23 ‘‘(B) APPOINTMENT.—The Onondaga 

24 Lake Watershed Council shall appoint members 


srobinson on DSKHWCL6B1PROD with BILLS
6 

•HR 5635 IH

1 to each committee described in subparagraph 

2 (A). 

3 ‘‘(c) ADAPTIVE MANAGEMENT PLAN.— 

4 ‘‘(1) IDENTIFICATION OF GOALS.—The Adapt5 ive Management Plan shall identify measurable goals 

6 for— 

7 ‘‘(A) the restoration, conservation, and 

8 management of Onondaga Lake; and 

9 ‘‘(B) compliance with all laws affecting the 

10 restoration and conservation of Onondaga Lake, 

11 including the water quality standards estab12 lished for Onondaga Lake (including total max13 imum daily loads established under section 

14 303(d)(C)), the Amended Consent Judgment 

15 and all effluent limitations therein (or otherwise 

16 promulgated under this Act), and the Com17 prehensive Environmental Response, Compensa18 tion, and Liability Act of 1980 (42 U.S.C. 9601 

19 et seq.). 

20 ‘‘(2) RECOMMENDATION OF STRATEGIES.—To 

21 achieve the goals identified under paragraph (1), the 

22 Adaptive Management Plan shall incorporate and 

23 update the recommendations of the Onondaga Lake 

24 Management Plan to recommend strategies for— 


srobinson on DSKHWCL6B1PROD with BILLS
7 

•HR 5635 IH

1 ‘‘(A) management of the biological makeup 

2 of Onondaga Lake; 

3 ‘‘(B) management of the physical develop4 ment of Onondaga Lake and its surroundings; 

5 ‘‘(C) management of the use of Onondaga 

6 Lake for recreational and other purposes; and 

7 ‘‘(D) coordination of all other activities to 

8 restore or conserve, or otherwise affecting the 

9 restoration or conservation of, Onondaga Lake. 

10 ‘‘(3) ONGOING EVALUATION OF STRATEGIES.— 

11 To evaluate the effectiveness of the strategies rec12 ommended under paragraph (2) in achieving the 

13 goals identified under paragraph (1), the Adaptive 

14 Management Plan shall— 

15 ‘‘(A) identify specific monitoring param16 eters by which to make such evaluation, and 

17 provide for the periodic revision of the moni18 toring parameters to achieve such goals; 

19 ‘‘(B) establish a monitoring program to 

20 measure the monitoring parameters identified 

21 under subparagraph (A); and 

22 ‘‘(C) provide for the periodic evaluation of 

23 the data collected pursuant to subparagraph 

24 (B). 


srobinson on DSKHWCL6B1PROD with BILLS
8 

•HR 5635 IH

1 ‘‘(4) APPROVAL.—The recommendations of the 

2 Adaptive Management Plan shall not be carried out 

3 under subsection (a)(2) before the date on which the 

4 the plan is approved by the Administrator and the 

5 Governor of the State of New York. The Adminis6 trator, after providing an opportunity for public re7 view and comment, shall approve the plan not later 

8 than 120 days after the date of its development 

9 under subsection (b)(1)(A) if the Adaptive Manage10 ment Plan meets the requirements of this section 

11 and the Governor of the State of New York concurs 

12 in such approval. 

13 ‘‘(5) EFFECT ON ONONDAGA LAKE MANAGE14 MENT PLAN.—This section shall not be construed to 

15 interfere with any activity carried out under the On16 ondaga Lake Management Plan, or any other activ17 ity affecting the restoration, conservation, or man18 agement of Onondaga Lake, before the date of ap19 proval of the Adaptive Management Plan under 

20 paragraph (4). 

21 ‘‘(d) ONONDAGA LAKE SCIENTIFIC CENTER.— 

22 ‘‘(1) ESTABLISHMENT.—The Onondaga Lake 

23 Watershed Council shall establish and direct a cen24 ter to be known as the ‘Onondaga Lake Scientific 

25 Center’. 


srobinson on DSKHWCL6B1PROD with BILLS
9 

•HR 5635 IH

1 ‘‘(2) DUTIES.—The Onondaga Lake Scientific 

2 Center shall advise the Onondaga Lake Watershed 

3 Council on— 

4 ‘‘(A) development of benchmarks to accom5 plish the goals identified under subsection 

6 (c)(1); 

7 ‘‘(B) implementation of the strategies rec8 ommended under subsection (c)(2); 

9 ‘‘(C) implementaton of the monitoring pro10 gram under subsection (c)(3)(B); 

11 ‘‘(D) establishment of the program for 

12 public involvement described in subsection 

13 (b)(1)(B); and 

14 ‘‘(E) other matters concerning the develop15 ment and implementation of the Adaptive Man16 agement Plan. 

17 ‘‘(3) MEMBERSHIP.—The Onondaga Lake Sci18 entific Center shall consist of the following members: 

19 ‘‘(A) The Administrator. 

20 ‘‘(B) Non-Federal entities appointed by the 

21 Onondaga Lake Watershed Council, which may 

22 include— 

23 ‘‘(i) Syracuse University; 


srobinson on DSKHWCL6B1PROD with BILLS
10 

•HR 5635 IH

1 ‘‘(ii) the State University of New 

2 York College of Environmental Science and 

3 Forestry; 

4 ‘‘(iii) the Upstate Freshwater Insti5 tute; and 

6 ‘‘(iv) the Onondaga Environmental In7 stitute. 

8 ‘‘(4) REPORTING.—The Onondaga Lake Sci9 entific Center shall submit to the Onondaga Lake 

10 Watershed Council an annual report— 

11 ‘‘(A) assessing the effectiveness of the 

12 strategies recommended under subsection (c)(2) 

13 in accomplishing the goals identified under sub14 section (c)(1); 

15 ‘‘(B) recommending changes to manage16 ment and monitoring activities to accomplish 

17 the goals identified under subsection (c)(1); and 

18 ‘‘(C) recommending means for implementa19 tion of such changes. 

20 ‘‘(e) ONONDAGA ENVIRONMENTAL INSTITUTE.—The 

21 Onondaga Environmental Institute, as a condition of re22 ceiving grants under subsection (f)(2), shall provide ad23 ministrative services for the development and implementa24 tion of the Adaptive Management Plan. 

25 ‘‘(f) FUNDING.— 


srobinson on DSKHWCL6B1PROD with BILLS
11 

•HR 5635 IH

1 ‘‘(1) IN GENERAL.—The Administrator may 

2 make funds available to members of the Onondaga 

3 Lake Watershed Council and Onondaga Lake Sci4 entific Center to carry out this section. 

5 ‘‘(2) GRANTS.—The Administrator, in consulta6 tion with the Onondaga Lake Watershed Council, 

7 may make grants on a noncompetitive basis to the 

8 Governor of the State of New York, the mayor of 

9 the City of Syracuse, New York, the County Execu10 tive of Onondaga County, New York, and members 

11 of the Onondaga Lake Scientific Center described in 

12 subsection (d)(3)(B)— 

13 ‘‘(A) to implement the strategies rec14 ommended under section (c)(2); 

15 ‘‘(B) for research, surveys, administrative 

16 services, and studies; and 

17 ‘‘(C) to gather data in support of litigation 

18 undertaken by the State of New York or the 

19 Onondaga Nation to compel cleanup or obtain 

20 cleanup and damage costs from parties respon21 sible for the pollution of Onondaga Lake. 

22 ‘‘(3) NO RELIEF FROM LIABILITY.—Grants 

23 made under this subsection shall not relieve from li24 ability any person that would otherwise be liable 

25 under Federal or State law for damages, response 


srobinson on DSKHWCL6B1PROD with BILLS
12 

•HR 5635 IH

1 costs, natural resource damages, restitution, equi2 table relief, or any other relief. 

3 ‘‘(4) MATCHING REQUIREMENT.—Federal funds 

4 expended for activities to carry out this section, in5 cluding funds made available under paragraph (1), 

6 grants made under paragraph (2), and funds used 

7 for administrative expenses for such activities under 

8 subsection (i)(2) shall not exceed 65 percent of the 

9 costs of such activities. The non-Federal share of 

10 such costs shall be provided from non-Federal 

11 sources, and may be provided through the provision 

12 of in-kind services. 

13 ‘‘(g) DEFINITIONS.—In this section, the following 

14 definitions apply: 

15 ‘‘(1) AMENDED CONSENT JUDGMENT.—The 

16 term ‘Amended Consent Judgment’ means the 

17 Amended Consent Judgment entered January 20, 

18 1998, in the case of ‘Atlantic States Legal Founda19 tion v. The Onondaga County Department of Drain20 age and Sanitation’, Civil Action No. 88–CV–0066, 

21 in the United States District Court for the Northern 

22 District of New York, as amended. 

23 ‘‘(2) ONONDAGA ENVIRONMENTAL INSTI24 TUTE.—The term ‘Onondaga Environmental Insti25 tute’ means the not-for-profit corporation established 


srobinson on DSKHWCL6B1PROD with BILLS
13 

•HR 5635 IH

1 pursuant to section 401(d)(1) of the Great Lakes 

2 Critical Programs Act of 1990 (104 Stat. 3010) and 

3 section 411(d)(1) of the Water Resources Develop4 ment Act of 1990 (104 Stat. 4648). 

5 ‘‘(3) ONONDAGA LAKE.—The term ‘Onondaga 

6 Lake’ means Onondaga Lake, New York, and its 

7 watershed. 

8 ‘‘(4) ONONDAGA LAKE MANAGEMENT PLAN.— 

9 The term ‘Onondaga Lake Management Plan’ 

10 means the plan— 

11 ‘‘(A) developed pursuant to section 

12 401(a)(1) of the Great Lakes Critical Programs 

13 Act of 1990 (104 Stat. 3010) and 411(a)(1) of 

14 the Water Resources Development Act of 1990 

15 (104 Stat. 4648); 

16 ‘‘(B) modified by the Amended Consent 

17 Judgment; and 

18 ‘‘(C) revised under section 573(c)(1) of the 

19 Water Resources Development Act of 1999 

20 (113 Stat. 372). 

21 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 

22 ‘‘(1) IN GENERAL.—There are authorized to be 

23 appropriated to the Administrator such sums as may 

24 be necessary to carry out this section, to remain 

25 available until expended. 


srobinson on DSKHWCL6B1PROD with BILLS
14 

•HR 5635 IH

1 ‘‘(2) ADMINISTRATIVE EXPENSES.—The Ad2 ministrator may use amounts appropriated under 

3 paragraph (1) for administrative expenses associated 

4 with carrying out this section.’’. 

5 (b) WATER RESOURCES DEVELOPMENT ACT OF

6 1999.—Section 573 of the Water Resources Development 

7 Act of 1999 (113 Stat. 372) is repealed. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS