Great Lakes Critical Programs Act of 1990
PL 101-596 (H.R.4323), enacted 11/16/1990

104 STAT. 3000 
PUBLIC LAW 101-596—NOV. 16, 1990 
Public Law 101-596 
101st Congress 
An Act 
Nov. 16, 1990 
[H.R. 4323] 
gg^Hp.^s*'-. Great Lakes 
Critical 
Programs 
Act of 1990. 
Water pollution 
control. 
Natural 
To amend the Federal Water Pollution Control Act relating to water quality in the 
Great Lakes. 
Be it enacted by the Senate and House of Representatives of the 
UnStisd Staies^^'Americi^ii^Xi'oiiffmes assembfid[i^,tma$>'''-^^^^^^^:-^ :,.^ 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Great Lakes Critical 
Programs Act of 1990". 
33 u s e 1251 
note. 
TITLE I—GREAT LAKES 
GREAT LAKES ACTION SCHEDULES 
Federal 
Register, 
publication. 
Federal 
Roister, 
publication. 
SEC. 101. Section 118 of the Federal Water Pollution Control Act 
(33 U.S.C. 1268) is amended by inserting immediately aftei* subsec-
tion (c)(1) the following new paragraphs, and by renumbering the 
existing paragraphs accordingly: 
"(2) GREAT LAKES WATER QUALITY GUIDANCE.— 
"(A) By June 30, 1991, the Administrator, after consulta-
tion with the Program Office, shall publish in the Federal 
Register for public notice and comment proposed water 
quality guidance for the Great Lakes System. Such guid-
ance shall conform with the objectives and provisions of the 
Great Lakes Water Quality Agreement, shall be no less 
restrictive than the provisions of this Act and national 
water quality criteria and guidance, shall specify numerical 
limits on pollutants in ambient Great Lakes waters to 
protect human health, aquatic life, and wildlife, and shall 
provide guidance to the Great Lakes States on minimum 
water quality standards, antidegradation policies, and im-
plementation procedures for the Great Lakes System. 
"(B) By June 30, 1992, the Administrator, in consultation 
with the Program Office, shall publish in the Federal Reg-
ister, pursuant to this section and the Administrators 
authority under this chapter, final water quality guidance 
for the Great Lakes System. 
"(C) Within two years after such Great Lakes guidance is 
published, the Great Lakes States shall adopt water quality 
standards, antidegradation policies, and implementation 
procedures for waters within the Great Lakes System which 
are consistent with such guidance. If a Great Lakes State 
fails to adopt such standards, policies, and procedures, the 
Administrator shall promulgate them not later than the 
end of such two-year period. When reviewing any Great 
Lakes State's water quality plan, the agency shall consider 
the extent to which the State has complied with the Great 
Lakes guidance issued pursuant to this section. 
PUBLIC LAW 101-596—NOV. 16, 1990 
104 STAT. 3001 
"(3) REMEDIAL ACTION PLANS.— 
"(A) For each area of concern for which the United States 
has agreed to draft a Remedial Action Plan, the Program 
Office shall ensure that the Great Lakes State in which 
such area of concern is located— 
"(i) submits a Remedial Action Plan to the Program 
Office by June 30,1991; 
"(ii) submits such Remedial Action Plan to the Inter-
national Joint Commission by January 1, 1992; and 
"(iii) includes such Remedial Action Plans within the 
State's water quality plan by January 1,1993. 
"(B) For each area of concern for which Canada has 
agreed to draft a Remedial Action Plan, the Program Office 
shall, pursuant to subparagraph (c)(1)(C) of this section, 
work with Canada to assure the submission of such Re-
medial Action Plans to the International Joint Commission 
by June 30, 1991, and to finalize such Remedial Action 
Plans by January 1,1993. 
"(C) For any area of concern designated as such subse-
quent to the enactment of this Act, the Program Office 
shall (i) if the United States has agreed to draft the Re-
medial Action Plan, ensure that the Great Lakes State in 
which such area of concern is located submits such Plan to 
the Program Office within two years of the area's designa-
tion, submits it to the International Joint Commission no 
later than six months after submitting it to the Program 
Office, and includes such Plan in the State's water quality 
plan no later than one year after submitting it to the 
Commission; and (ii) if Canada has agreed to draft the 
Remedial Action Plan, work with Canada, pursuant to 
subparagraph (c)(1)(C) of this section, to ensure the submis-
sion of such Plan to the International Joint Commission 
within two years of the area's designation and the finaliza-
tion of such Plan no later than eighteen months after 
submitting it to such Commission. 
"(D) The Program Office shall compile formal comments 
on individual Remedial Action Plans made by the Inter-
national Joint Commission pursuant to section 4(d) of 
Annex 2 of the Great Lakes Water Quality Agreement and, 
upon request by a member of the public, shall make such 
comments available for inspection and copying. The Pro-
gram Office shall also make available, upon request, formal 
comments made by the Environmental Protection Agency 
on individual Remedial Action Plans. 
"(4) LAKEWIDE MANAGEMENT PLANS.—The Administrator, in 
consultation with the Program Office shall— 
"(A) by January 1, 1992, publish in the Federal Register a 
proposed Lakewide Management Plan for Lake Michigan 
and solicit public comments; 
"(B) by January 1, 1993, submit a proposed Lakewide 
Management Plan for Lake Michigan to the International 
Joint Commission for review; and 
"(C) by January 1, 1994, publish in the Federal Register a 
final Lakewide Management Plan for Lake Michigan and 
begin implementation. 
Canada. 
Public 
information. 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
104 STAT. 3002 
PUBLIC LAW 101-596—NOV. 16, 1990 
Nothing in this subparagraph shall preclude the simultaneous 
development of Lakewide Management Plans for the other Great 
Lakes. 
"(5) SPILLS OF OIL AND HAZARDOUS MATERIALS.—The Program 
Office, in consultation with the Coast Guard, shall identify 
areas within the Great Lakes which are likely to experience 
numerous or voluminous spills of oil or other hazardous mate-
rials from land based facilities, vessels, or other sources and, in 
consultation with the Great Lakes States, shall identify weak-
nesses in Federal and State programs and systems to prevent 
and respond to such spills. This information shall be included on 
at least a biennial basis in the report required by this section.". 
CONTAMINATED SEDIMENTS 
SEC. 102. Section 118(c)(7) of the Federal Water Pollution Control 
Act (33 U.S.C. 1268(c)(3)), as renumbered by section 101 of this title, 
is amended by— 
(1) inserting "(A)" following the title; and 
(2) by adding the following new subsections: 
"(B) The Program Office shall— 
"(i) by December 31, 1990, complete chemical, phys-
ical, and biological assessments of the contaminated 
sediments at the locations selected for the study and 
demonstration projects; 
"(ii) by December 31,1990, announce the technologies 
that will be demonstrated at 6ach location and the 
numerical standard of protection intended to be 
achieved at each location; 
"(iii) by December 31, 1992, complete full or pilot 
scale demonstration projects on site at each location of 
promising technologies to remedy contaminated sedi-
ments; and 
Reports. 
"(iv) by December 31, 1993, issue a final report to 
Congress on its findings. 
"(C) The Administrator, after providing for public review 
and comment, shall publish information concerning the 
public health and environmental consequences of contami-
nants in Great Lakes sediment. Information published 
pursuant to this subparagraph shall include specific 
numerical limits to protect health, aquatic life, and wildlife 
from the bioaccumulation of toxins. The Administrator 
shall, at a minimum, publish information pursuant to this 
subparagraph within 2 years of the date of the enactment of 
this title.". 
DEFINITIONS 
SEC. 103. Section 118(a)(3) of the Federal Water Pollution Control 
Act (33 U.S.C. 1268(a)(3)) is amended by deleting "and" at the end of 
clause (D), by deleting the period at the end of clause (E), and 
inserting in lieu thereof a semicolon; and by adding at the end 
thereof the following: 
"(F) 'area of concern' means a geographic area located 
within the Great Lakes, in which beneficial uses are im-
paired and which has been officially designated as such 
under Annex 2 of the Great Lakes Water Quality Agree-
ment; 
PUBLIC LAW 101-596—NOV. 16, 1990 
104 STAT. 3003 
"(G) 'Great Lakes States' means the States of Illinois, 
Indiana, Michigan, Minnesota, New York, Ohio, Pennsylva-
nia, and Wisconsin; 
"(H) 'Great Lakes Water Quality Agreement' means the 
bilateral sigreement, between the United States and Canada 
which was signed in 1978 and amended by the Protocol of 
1987; 
"(I) 'Lakewide Management Plan' means a written docu-
ment which embodies a systematic and comprehensive eco-
system approach to restoring and protecting the beneficial 
uses of the open waters of each of the Great Lakes, in 
accordance with article VI and Annex 2 of the Great Lakes 
Water Quality Agreement; and 
"(J) 'Remedial Action Plan' means a written document 
which embodies a systematic and comprehensive ecosystem 
approach to restoring and protecting the beneficial uses of 
areas of concern, in accordance with article VI and Annex 2 
of the Great Lakes Water Quality Agreement.". 
GREAT LAKES CONFINED DISPOSAL FACILITIES 
SEC. 104. At the end of section 118(c) of the Federal Water 
Pollution Control Act (33 U.S.C. 1268(c)) add the following new 
paragraph: 
"(11) CONFINED DISPOSAL FACIUTIES.—(A) The Administrator, 
in consultation with the Assistant Secretary of the Army for 
Civil Works, shall develop and implement, within one year of 
the date of enactment of this paragraph, management plans for 
every Great Lakes confined disposal facility. 
"(B) The plan shall provide for monitoring of such facilities, 
including— 
"(i) water quality at the site and in the area of the site; 
"(ii) sediment quality at the site and in the area of the 
site; 
"(iii) the diversity, productivity, and stability of aquatic 
organisms at the site and in the area of the site; and 
"(iv) such other conditions as the Administrator deems 
appropriate. 
"(C) The plan shall identify the anticipated use and manage-
ment of the site over the following twenty-year period including 
the expected termination of dumping at the site, the emticipated 
' 
need for site management, including pollution control, following 
the termination of the use of the site. 
"(D) The plan shall identify a schedule for review and revision 
of the plan which shall not be less frequent than five years after 
adoption of the plan and every five years thereafter.". 
GREAT LAKES N A T I O N A L PROGRAM AUTHORIZATION 
SEC. 105. (a) AUTHORIZATION.—Section 118(h) of the Federal Water 
Pollution Control Act (33 U.S.C. 1268(h)) is amended by deleting 
"1990, and 1991" and inserting in lieu thereof "and 1990, and 
$25,000,000 for fiscal year 1991". 
(b) ALLOCATION.—Section 118(h) of the Federal Water Pollution 
Control Act (33 U.S.C. 1268(h)) is amended by adding after "30 
percent" the following: "or $3,300,000, whichever is the lesser,". 
104 STAT. 3004 
PUBLIC LAW 101-596—NOV. 16, 1990 
33 use 1268. 
Long Island 
Sound 
Improvement 
Act of 1990. 
33 use 1251 
note. 
HEALTH 
RESEARCH 
REPORT 
SEC. 106. Subsection 118(e) of the Federal Water Pollution Control 
Act is amended by adding at the end thereof the following new 
paragraph— 
"(3) HEALTH RESEARCH REPORT.—(A) Not later than September 
30, 1994, the Program Office, in consultation with the Research 
Office, the Agency for Toxic Substances and Disease Registry, 
and Great Lakes States shall submit to the Congress a report 
assessing the adverse effects of water pollutants in the Great 
Lakes System on the health of persons in Great Lakes States 
and the health of fish, shellfish, and wildlife in the Great Lakes 
System. In conducting research in support of this report, the 
Administrator may, where appropriate, provide for research to 
be conducted under cooperative agreements with Great Lakes 
States. 
"(B) There is authorized to be appropriated to the Adminis-
trator to carry out this section not to exceed $3,000,000 for each 
of fiscal years 1992,1993, and 1994.". 
TITLE II—LONG ISLAND SOUND 
SHORT TITLE 
SEC. 201. This part may be cited as the "Long Island Sound 
Improvement Act of 1990". 
AMENDMENT TO THE FEDERAL WATER POLLUTION CONTROL ACT 
SEC. 202. 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 
new section: 
33 use 1269. 
"SEC. 119. LONG ISLAND SOUND.—(a) The Administrator shall 
continue the Management Conference of the Long Island Sound 
Study (hereinafter referred to as the "Conference") as established 
pursuant to section 320 of this Act, and shall establish an office 
(hereinafter referred to as the "Office") to be located on or near 
Long Island Sound. 
"(b) ADMINISTRATION AND STAFFING OF OFFICE.—The Office shall 
be headed by a Director, who shall be detailed by the Administrator, 
following consultation with the Administrators of EPA regions I and 
II, from among the employees of the Agency who are in civil service. 
The Administrator shall delegate to the Director such authority and 
detail such additional staff as may be necessary to carry out the 
duties of the Director under this section. 
"(c) DUTIES OF THE OFFICE.—The Office shall assist the Manage-
ment Conference of the Long Island Sound Study in carrying out its 
goals. Specifically, the Office shall— 
"(1) assist and support the implementation of the Comprehen-
sive Conservation and Management Plan for Long Island Sound 
developed pursuant to section 320 of this Act; 
"(2) conduct or commission studies deemed necessary for 
strengthened implementation of the Comprehensive Conserva-
tion and Management Plan including, but not limited to— 
"(A) population growth and the adequacy of wastewater 
treatment facilities, 
"(B) the use of biological methods for nutrient removal in 
sewage treatment plants, 
PUBLIC LAW 101-596—NOV. 16, 1990 
104 STAT. 3005 
"(C) contaminated sediments, and dredging activities, 
"(D) nonpoint source pollution abatement and land use 
activities in the Long Island Sound watershed, 
"(E) wetland protection and restoration, 
"(F) atmospheric deposition of acidic and other pollutants 
into Long Island Sound, 
"(G) water quality requirements to sustain fish, shellfish, 
and wildlife populations, and the use of indicator species to 
assess environmental quality, 
"(H) State water quality programs, for their adequacy 
pursuant to implementation of the Comprehensive Con-
servation and Management Plan, and 
"(I) options for long-term financing of wastewater treat-
ment projects and water pollution control programs. 
"(3) coordinate the grant, research and planning programs 
authorized under this section; 
"(4) coordinate activities and implementation responsibilities 
with other Federal agencies which have jurisdiction over Long 
Island Sound and with national and regional marine monitoring 
and research programs established pursuant to the Marine 
Protection, Research, and Sanctuaries Act; 
"(5) provide administrative and technical support to the con-
ference; 
"(6) collect and make available to the public publications, and 
other forms of information the conference determines to be 
appropriate, relating to the environmental quality of Long 
Island Sound; 
"(7) not more than two years after the date of the issuance of 
Reports, 
the final Comprehensive Conservation and Management Plan 
for Long Island Sound under section 320 of this Act, and bienni-
ally thereafter, issue a report to the Congress which— 
"(A) summarizes the progress made by the States in 
implementing 
the 
Comprehensive 
Conservation 
and 
Management Plan; 
"(B) summarizes any modifications to the Comprehensive 
Conservation and Management Plan in the twelve-month 
period immediately preceding such report; and 
"(C) incorporates specific recommendations concerning 
the implementation of the Comprehensive Conservation 
and Management Plan; and 
"(8) convene conferences and meetings for legislators from 
State governments and political subdivisions thereof for the 
purpose of making recommendations for coordinating legisla-
tive efforts to facilitate the environmental restoration of Long 
Island Sound and the implementation of the Comprehensive 
Conservation and Management Plan. 
"(d) GRANTS.—(1) The Administrator is authorized to make grants 
for projects and studies which will help implement the Long Island 
Sound Comprehensive Conservation and Management Plan. Special 
emphasis shall be given to implementation, research and planning, 
enforcement, and citizen involvement and education. 
"(2) State, interstate, and regional water pollution control agen-
cies, and other public or nonprofit private agencies, institutions, 
and organizations held to be eligible for grants pursuant to this 
subsection. 
"(3) Citizen involvement and citizen education grants under this 
subsection shall not exceed 95 per centum of the costs of such work. 
All other grants under this subsection shall not exceed 50 per 
104 STAT. 3006 
PUBLIC LAW 101-596—NOV. 16, 1990 
Lake Champledn 
Special 
Designation 
Act of 1990. 
New York. 
Vermont. 
33 use 1251 
note. 
centum of the research, studies, or work. All grants shall be made 
on the condition that the non-Federal share of such costs are 
provided from non-Federal sources. 
"(e) AUTHORIZATIONS.—(1) There is authorized to be appropriated 
to the Administrator for the implementation of this section, other 
than subsection (d), such sums as may be necessary for each of the 
fiscal years 1991 through 1996. 
"(2) There is authorized to be appropriated to the Administrator 
for the implementation of subsection (d) not to exceed $3,000,000 for 
each of the fiscal years 1991 through 1996.". 
RELATIONSHIP TO OTHER LAWS 
SEC. 203. Amend subsection 116(g) of the Marine Protection Re-
search and Sanctuaries Act (33 U.S.C. 1416(g)) by striking all after 
"shall comply with" and inserting in lieu thereof the following "the 
requirements of this title.". 
TITLE m—LAKE CHAMPLAIN 
SHORT TITLE 
SEC. 301. This title may be cited as the "Lake Champlain Special 
Designation Act of 1990". 
DEMONSTRATION PROGRAM 
SEC. 302. Paragraph (2) of section 314(d) of the Federal Water 
Pollution Control Act (33 U.S.C. 1324(d)) is amended by inserting 
"Lake Champlain, New York and Vermont;" before "Lake Houston, 
Texas". 
LAKE CHAMPLAIN MANAGEMENT CONFERENCE 
SEC. 303. Title I of the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.) is amended by adding at thie end thereof the 
following new section— 
"LAKE CHAMPLAIN MANAGEMENT CONFERENCE 
33 use 1270. 
"SEC. 120. (a) ESTABUSHMENT.—There is established a Lake Cham-
plain Management (Donference to develop a comprehensive pollution 
prevention, control, and restoration plan for Lake Champlain. The 
Administrator shall convene the management conference within 
ninety days of the date of enactment of this section. 
"(b) MEMBERSHIP.—The Members of the Management Conference 
shall be comprised o
f
— 
"(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 Ver-
mont, New York, Quebec Citizens Advisory CJommittee 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 juris-
diction over any land or water within the Lake Champlain 
basin, as determined appropriate by the Governors; and 
PUBLIC LAW 101-596—NOV. 16, 1990 
104 STAT. 3007 
"(7) eight persons representing affected industries, non-
governmental 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) TECHNICAL ADVISORY COMMITTEE.—(1) The Management Con-
ference shall, not later than one hundred and twenty days after the 
date of enactment of this section, appoint a Technical Advisory 
Committee. 
"(2) Such Technical Advisory Committee shall consist of officials 
of: appropriate departments and agencies of the Federal Govern-
ment; the State governments of New York and Vermont; and 
governments of political subdivisions of such States; and public and 
private research institutions. 
"(d) RESEARCH PROGRAM.—(1) 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) POLLUTION PREVENTION, CONTROL, AND RESTORATION PLAN.— 
(1) Not later than three years after the date of the enactment of this 
section, the Management Conference shall publish a pollution 
prevention, control, and restoration plan (hereafter in this section 
referred to as the '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 pollu-
tion prevention and control activities, and to the extent allow-
able 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 pro-
grams, activities, and projects identified in the Plan, including 
the use of Federal funds and other sources of funds; and 
"(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 gen-
erated in the Lake Champlain basin. 
"(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 con-
duct 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 publica-
tion 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. 
104 STAT. 3008 
PUBLIC LAW 101-596—NOV. 16, 1990 
"(5) Upon approval of the plan, such plan shall be deemed to be an 
approved management program for the purposes of section 319(h) of 
this Act and such plan shall be deemed to be an approved com-
prehensive conservation and management plan pursuant to section 
320 of this Act. 
"(f) GRANT ASSISTANCE.—(1) The Administrator may, in consulta-
tion with the Management Conference, make grants to State, inter-
state, 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 support-
ing work necessary for the development of the Plan and for retain-
ing 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. 
"(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) DEFINITION.—For the purposes of this section, the term 'Lake 
Champlain drainage basin' means all or part of Clinton, Franklin, 
Warren, Essex, and Washington counties in the State of New York 
and all or part of Franklin, Grand Isle, Chittenden, Addison, Rut-
land, Lamoille, Orange, Washington, Orleans, and Caledonia coun-
ties in Vermont, that contain all of the streams, rivers, lakes, and 
other bodies of water, including wetlands, that drain into Lake 
Champlain. 
"(h) STATUTORY INTERPRETATION.—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. 
"(i) AUTHORIZATION.—There are authorized to be appropriated to 
the Environmental Protection Agency to carry out this section 
$2,000,000 for each of fiscal years 1991, 1992, 1993, 1994, and 1995.". 
FEDERAL 
PROGRAM 
COORDINATION 
33 use 1270 
SEC. 304. (a) DESIGNATION OF LAKE CHAMPLAIN AS A SPECIAL 
note. 
PROJECT AREA UNDER THE AGRICULTURAL CONSERVATION 
PRO-
GRAM.— 
(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, shall be designated by 
the Secretary of Agriculture as a special project area under the 
Agricultural Conservation Program established under section 
8(b) of the Soil Conservation and Domestic Allotment Act (16 
U.S.C 590h(b)). 
(2) TECHNICAL ASSISTANCE REIMBURSEMENT.—To carry out the 
purposes of this subsection, the technical assistance reimburse-
ment from the Agricultural Stabilization and Conservation 
PUBLIC LAW 101-596—NOV. 16, 1990 
104 STAT. 3009 
Service authorized under the Soil Conservation and Domestic 
Allotment Act, shall be increased from 5 per centum to 10 per 
centum. 
(3) COMPREHENSIVE AGRICULTURAL MONITORING.—The Sec-
retary, in consultation with the Management Conference and 
appropriate State and Federal agencies, shall develop a com-
prehensive 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 allow-
able 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 im-
plementation 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, 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 appro-
priate 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 Sec-
retary of the Interior, including groundwater mapping, and 
water quality and sediment data collection. 
(c) COOPERATION OF THE UNITED STATES FISH AND WILDUFE SERV-
ICE 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 Champlsdn Fish and 
Wildlife Management Cooperative and the Management Con-
ference established pursuant to this subsection shall— 
(A) establish and implement a fisheries resources restora-
tion, development and conservation program, including 
dedicating a level of hatchery production within the Lake 
Champlain basin at or above the level that existed imme-
diately preceding the date of enactment of this Act; 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 Endan-
gered 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 con-
104 STAT. 3010 
PUBLIC LAW 101-596—NOV. 16, 1990 
cern, migratory nongame species of management con-
cern, 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 informa-
tion 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 
Interior $1,000,000 for each of fiscal years 1991,1992,1993,1994, and 
1995 to carry out subsections 0?) and (c) of this section. 
New York. 
TITLE IV—ONONDAGA LAKE 
SEC. 401. ONONDAGA LAKE, (a) The Assistant Secretary of the 
Army for Civil Works, the Administrator of the Environmental 
Protection Agency, and the Governor of the State of New York, 
acting jointly, shall convene a management conference for the 
restoration, conservation, and management of Onondaga Lake. The 
purpose of this management conference shall include but not be 
limited to— 
(1) the development, within a two-year period following the 
date of the enactment of this Act, of a comprehensive restora-
tion, conservation, and management plan for Onondaga Lake 
that recommends priority corrective actions and compliance 
schedules for the cleanup of such Lake; and 
(2) the coordination of the implementation of such plan by the 
State of New York, the United States Army Corps of Engineers, 
the Environmental Protection Agency and all local agencies, 
governments, and other groups participating in such manage-
ment conference. 
0))(1) The members of the management conference convened 
pursuant to subsection (a) shall include, at a minimum, the Assist-
ant Secretary of the Army for Civil Works, the Administrator of the 
Environmental Protection Agency, the Governor of the State of New 
York, and representatives of— 
(A) the Attorney General of the State of New York; 
(B) Onondaga County, New York; and 
(C) The city of Syracuse, New York. 
(2) Any member of the management conference may designate a 
representative to attend meetings of the management conference 
PUBLIC LAW 101-596—NOV. 16, 1990 
104 STAT. 3011 
and otherwise represent such member on the 
management 
conference. 
(3) The management conference shall have ex officio members 
which shall include, at a minimum— 
(A) the United States Senators from the State of New York; 
and 
(B) the Member(s) of the United States House of Representa-
tives within whose congressional district(s) lies Onondaga Lake. 
(4) The management conference shall have standing committees 
which shall include, at a minimum— 
(A) a Citizens Advisory Committee; and 
(B) a Technical Review Committee. 
(c)(1) Not later than one hundred and twenty days after the 
completion of the plan developed pursuant to subsection (a), and 
after providing for public review and comment, the Assistant Sec-
retary of the Army for Civil Works and the Administrator of the 
Environmental Protection Agency shall approve such plan if such 
plan meets the requirements of this section, and if the Governor of 
the State of New York concurs in such approval. 
(2) Upon approval of the plan under this subsection, such plan 
shall be implemented. 
(d)(1) The Assistant Secretary of the Army for Civil Works and the 
Administrator of the Environmental Protection Agency are au-
thorized to make grants to the State of New York to perform 
activities authorized under this section or to contract for such 
performance, provided that such grants shall not exceed 70 per 
centum of the costs of such activities and that the non-Federal share 
of such costs are provided from non-Federal sources. Administrative 
services for the development and implementation of the plan ap-
proved pursuant to subsection (a) shall be provided by a not-for-
profit corporation established for the purpose of assisting with the 
planning and coordination of the cleanup of Onondaga Lake. 
(2) To carry out this section, the Governor of the State of New 
York may, using funds provided pursuant to paragraph (1), make 
grants for— 
(A) research, surveys, administrative services and studies ap-
proved by the management conference as necessary for the 
development of the plan under this section; 
(B) other activities including administrative services that are 
approved by the management conference and are necessary to 
implement the plan approved by the management conference 
pursuant to subsection (a); and 
(C) gathering data and retaining expert consultants in sup-
port of litigation undertaken by the State of New York to 
compel cleanup or obtain cleanup and damage costs from par-
ties responsible for the pollution of Onondaga Lake, including 
administrative services. 
(3) In-kind payments shall qualify for the purpose of meeting the 
total non-Federal matching requirements of this subsection. 
(e) There are authorized to be appropriated to the Assistant 
Appropriation 
Secretary of the Army for Civil Works and the Administrator of the 
authorization. 
104 STAT. 3012 
PUBLIC LAW 101-596—NOV. 16, 1990 
Environmental Protection Agency such sums as may be necessary to 
carry out this section. 
(f) Grants made under this section are not intended to relieve any 
person who would otherwise be liable under Federal or State law for 
damages, response costs, natural resource damages, restitution, 
equitable relief or any other relief, from liability for such relief. 
Approved November 16, 1990. 
LEGISLATIVE HISTORY—H.R. 4323: 
HOUSE REPORTS: No. 101-704 «:k)mm. on Public Works and Transportation). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Sept. 24, considered and passed House. 
Oct. 17, considered and passed Senate, amended. 
Oct. 27, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 16, Presidential remarks and statement.