I 
111TH CONGRESS 
2D SESSION 
H. R. 6360 
To amend the Federal Water Pollution Control Act to direct the Adminis-
trator 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 
SEPTEMBER 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 Agen-
cy to carry out activities for the restoration, conservation, 
and management of Onondaga Lake, New York, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Onondaga Lake Res-
toration Act’’. 
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SEC. 2. ONONDAGA LAKE, NEW YORK. 
(a) RESTORATION, CONSERVATION, AND MANAGE-
MENT ACTIVITIES.—Title I of the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.) is amended by add-
ing at the end the following new section: 
‘‘SEC. 123. ONONDAGA LAKE, NEW YORK. 
‘‘(a) RESTORATION, CONSERVATION, AND MANAGE-
MENT ACTIVITIES.— 
‘‘(1) ESTABLISHMENT OF ONONDAGA LAKE WA-
TERSHED COUNCIL.—The Administrator shall estab-
lish a council, to be known as the ‘Onondaga Lake 
Watershed Council’, to develop a plan, consistent 
with subsection (g), for the restoration, conservation, 
and management of Onondaga Lake. The plan shall 
be known as the ‘Adaptive Management Plan’. 
‘‘(2) IMPLEMENTATION OF ADAPTIVE MANAGE-
MENT
PLAN.—The Administrator shall cooperate 
with Federal and State agencies and make grants, 
and otherwise make funds available under subsection 
(f), to carry out the recommendations of the Adapt-
ive Management Plan. 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, 
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and local governmental entities, and all other 
entities that may be affected by activities under 
this section. 
‘‘(b) ONONDAGA LAKE WATERSHED COUNCIL.— 
‘‘(1) DUTIES.— 
‘‘(A) DEVELOPMENT
OF
ADAPTIVE
MAN-
AGEMENT PLAN.—The Onondaga Lake Water-
shed Council shall develop and (as necessary to 
achieve the goals identified under subsection 
(c)(1)) periodically revise the Adaptive Manage-
ment Plan in consultation with the Onondaga 
Lake Scientific Center. 
‘‘(B) ESTABLISHMENT OF PROGRAM FOR 
PUBLIC PARTICIPATION.—The Onondaga Lake 
Watershed Council shall establish and carry out 
a comprehensive, inclusive, and ongoing pro-
gram for participation of the public, including 
the Onondaga Nation, Federal, State, and local 
governmental entities, and all other entities 
that may be affected by activities under this 
section, in the development and revision of the 
Adaptive Management Plan under subpara-
graph (A). 
‘‘(2) MEMBERSHIP.— 
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‘‘(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 or agency, as deter-
mined by the Administrator. 
‘‘(iv) The Governor of the State of 
New York. 
‘‘(v) A representative designated by 
the Onondaga Nation Council of Chiefs. 
‘‘(vi) A representative designated by 
the mayor of the City of Syracuse, New 
York. 
‘‘(vii) A representative designated by 
the County Executive of Onondaga County, 
New York. 
‘‘(B) EX OFFICIO MEMBERSHIP.—The On-
ondaga Lake Watershed Council shall consist of 
the following ex officio, non-voting members: 
‘‘(i) The Senators from the State of 
New York. 
‘‘(ii) Each Member of the House of 
Representatives whose congressional dis-
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trict 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) Such other members as the Ad-
ministrator 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 Outreach and Participa-
tion Committee. 
‘‘(ii) A Science and Engineering Com-
mittee. 
‘‘(B) 
APPOINTMENT.—The 
Onondaga 
Lake Watershed Council shall appoint members 
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‘‘(A) the biological makeup of Onondaga 
Lake; 
‘‘(B) the physical development of Onon-
daga Lake and its surroundings; and 
‘‘(C) the use of Onondaga Lake for rec-
reational and other purposes. 
‘‘(3) COORDINATION
WITH
OTHER
ACTIVI-
TIES.—The strategies recommended under para-
graph (2) shall provide for coordination with all 
other activities to restore or conserve, or otherwise 
affecting the restoration or conservation of, Onon-
daga Lake, including ongoing public participation 
activities, monitoring activities, and other activities 
carried out under Federal or State law. 
‘‘(4) ONGOING EVALUATION OF STRATEGIES.— 
To evaluate the effectiveness of the strategies rec-
ommended under paragraph (2) in achieving the 
goals identified under paragraph (1), the Adaptive 
Management Plan shall— 
‘‘(A) identify specific monitoring param-
eters by which to make such evaluation, and 
provide for the periodic revision of the moni-
toring parameters to achieve such goals; 
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‘‘(B) establish a monitoring program to 
measure the monitoring parameters identified 
under subparagraph (A); and 
‘‘(C) provide for the periodic evaluation of 
the data collected pursuant to the monitoring 
program required by subparagraph (B). 
‘‘(5) APPROVAL.—The recommendations of the 
Adaptive Management Plan shall not be carried out 
under subsection (a)(2) before the date on which the 
plan is approved by the Administrator and the Gov-
ernor of the State of New York. The Administrator, 
after providing an opportunity for public review and 
comment, shall approve the plan not later than 120 
days after the date of its development under sub-
section (b)(1)(A) if the Adaptive Management Plan 
meets the requirements of this section and the Gov-
ernor of the State of New York concurs in such ap-
proval. 
‘‘(6) EFFECT
ON
ONONDAGA
LAKE
MANAGE-
MENT PLAN.—This section shall not be construed to 
interfere with any activity carried out under the On-
ondaga Lake Management Plan, or any other activ-
ity affecting the restoration, conservation, or man-
agement of Onondaga Lake, before the date of ap-
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proval of the Adaptive Management Plan under 
paragraph (5). 
‘‘(d) ONONDAGA LAKE SCIENTIFIC CENTER.— 
‘‘(1) ESTABLISHMENT.—The Onondaga Lake 
Watershed Council shall establish and direct a cen-
ter 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 accom-
plish the goals identified under subsection 
(c)(1); 
‘‘(B) implementation of the strategies rec-
ommended under subsection (c)(2); 
‘‘(C) implementation of the monitoring 
program under subsection (c)(4)(B); 
‘‘(D) establishment of the program for 
public participation described in subsection 
(b)(1)(B); and 
‘‘(E) other matters concerning the develop-
ment and implementation of the Adaptive Man-
agement Plan. 
‘‘(3) MEMBERSHIP.—The Onondaga Lake Sci-
entific Center shall consist of the following members: 
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‘‘(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 Upstate Freshwater Insti-
tute; 
‘‘(iv) the Onondaga Environmental In-
stitute; and 
‘‘(v) such other members as the Onon-
daga Lake Watershed Council may deem 
appropriate. 
‘‘(4) REPORTING.—The Onondaga Lake Sci-
entific 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 sub-
section (c)(1); 
‘‘(B) recommending changes to manage-
ment and monitoring activities to accomplish 
the goals identified under subsection (c)(1); and 
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‘‘(C) recommending means for implementa-
tion of such changes. 
‘‘(e) ONONDAGA ENVIRONMENTAL INSTITUTE.—The 
Onondaga Environmental Institute, as a condition of re-
ceiving grants under subsection (f)(2), shall provide ad-
ministrative services for the development and implementa-
tion of the Adaptive Management Plan. 
‘‘(f) FUNDING.— 
‘‘(1) IN
GENERAL.—The Administrator may 
make funds available to members of the Onondaga 
Lake Watershed Council and Onondaga Lake Sci-
entific Center to carry out this section. 
‘‘(2) GRANTS.—The Administrator, in consulta-
tion with the Onondaga Lake Watershed Council, 
may make grants on a noncompetitive basis to the 
Governor of the State of New York, the mayor of 
the City of Syracuse, New York, the County Execu-
tive of Onondaga County, New York, and members 
of the Onondaga Lake Scientific Center described in 
subsection (d)(3)(B)— 
‘‘(A) to implement the strategies rec-
ommended under section (c)(2); 
‘‘(B) for research, surveys, administrative 
services, and studies; and 
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‘‘(C) to gather data necessary to carry out 
the objectives of this section. 
‘‘(3) NO
RELIEF
FROM
LIABILITY.—Grants 
made under this subsection shall not relieve from li-
ability any person that would otherwise be liable 
under Federal or State law for damages, response 
costs, natural resource damages, restitution, equi-
table relief, or any other relief. 
‘‘(4) MATCHING REQUIREMENT.—Federal funds 
expended for activities to carry out this section, in-
cluding funds made available under paragraph (1), 
grants made under paragraph (2), and funds used 
for administrative expenses for such activities under 
subsection (i)(2) shall not exceed 65 percent of the 
costs of such activities. The non-Federal share of 
such costs shall be provided from non-Federal 
sources, and may be provided through the provision 
of in-kind services. 
‘‘(g) RELATIONSHIP TO OTHER LAWS.— 
‘‘(1) NO EFFECT ON FEDERAL OR STATE LAW 
OR
RESPONSIBILITIES
ASSIGNED
THEREUNDER.— 
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— 
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‘‘(A) a provision of law (including a provi-
sion of the Comprehensive Environmental Re-
sponse, 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 per-
formance of cleanup activities (including re-
sponse and removal activities) or other activities 
affecting the restoration or conservation of On-
ondaga Lake; and 
‘‘(B) the responsibility assigned under a 
provision of law described in subparagraph (A). 
‘‘(2) NO EFFECT ON EXISTING LIABILITIES.— 
This section shall not be construed to create or en-
large any liability that any party may have for nat-
ural resource damages under any provision of law. 
‘‘(h) 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 Founda-
tion v. The Onondaga County Department of Drain-
age and Sanitation’, Civil Action No. 88–CV–0066, 
in the United States District Court for the Northern 
District of New York, as amended. 
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‘‘(2) 
ONONDAGA
ENVIRONMENTAL
INSTI-
TUTE.—The term ‘Onondaga Environmental Insti-
tute’ means the not-for-profit corporation established 
pursuant to section 401(d)(1) of the Great Lakes 
Critical Programs Act of 1990 (Public Law 101– 
596; 104 Stat. 3010) and section 411(d)(1) of the 
Water Resources Development Act of 1990 (Public 
Law 101–640; 104 Stat. 4648). 
‘‘(3) ONONDAGA LAKE.—The term ‘Onondaga 
Lake’ means Onondaga Lake, New York, and its 
watershed. 
‘‘(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 (Public Law 101–596; 104 Stat. 
3010) and 411(a)(1) of the Water Resources 
Development Act of 1990 (Public Law 101– 
640; 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 
(Public Law 106–53; 113 Stat. 372), as in ef-
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fect before the date of the enactment of this 
Act. 
‘‘(i) 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. Amounts so 
appropriated shall remain available until expended. 
‘‘(2) ADMINISTRATIVE
EXPENSES.—The Ad-
ministrator may use amounts appropriated 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 (Public Law 106–53; 113 Stat. 372) is re-
pealed. 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. 
Æ 
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