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(continued)
(12) Remediation of sediment contamination in areas of concern
(A) In general
In accordance with this paragraph, the Administrator, acting
through the Program Office, may carry out projects that meet
the requirements of subparagraph (B).
(B) Eligible projects
A project meets the requirements of this subparagraph if the
project is to be carried out in an area of concern located
wholly or partially in the United States and the project -
(i) monitors or evaluates contaminated sediment;
(ii) subject to subparagraph (D), implements a plan to
remediate contaminated sediment; or
(iii) prevents further or renewed contamination of
sediment.
(C) Priority
In selecting projects to carry out under this paragraph, the
Administrator shall give priority to a project that -
(i) constitutes remedial action for contaminated sediment;
(ii)(I) has been identified in a Remedial Action Plan
submitted under paragraph (3); and
(II) is ready to be implemented;
(iii) will use an innovative approach, technology, or
technique that may provide greater environmental benefits, or
equivalent environmental benefits at a reduced cost; or
(iv) includes remediation to be commenced not later than 1
year after the date of receipt of funds for the project.
(D) Limitation
The Administrator may not carry out a project under this
paragraph for remediation of contaminated sediments located in
an area of concern -
(i) if an evaluation of remedial alternatives for the area
of concern has not been conducted, including a review of the
short-term and long-term effects of the alternatives on human
health and the environment; or
(ii) if the Administrator determines that the area of
concern is likely to suffer significant further or renewed
contamination from existing sources of pollutants causing
sediment contamination following completion of the project.
(E) Non-Federal share
(i) In general
The non-Federal share of the cost of a project carried out
under this paragraph shall be at least 35 percent.
(ii) In-kind contributions
The non-Federal share of the cost of a project carried out
under this paragraph may include the value of in-kind
services contributed by a non-Federal sponsor.
(iii) Non-Federal share
The non-Federal share of the cost of a project carried out
under this paragraph -
(I) may include monies paid pursuant to, or the value of
any in-kind service performed under, an administrative
order on consent or judicial consent decree; but
(II) may not include any funds paid pursuant to, or the
value of any in-kind service performed under, a unilateral
administrative order or court order.
(iv) Operation and maintenance
The non-Federal share of the cost of the operation and
maintenance of a project carried out under this paragraph
shall be 100 percent.
(F) Maintenance of effort
The Administrator may not carry out a project under this
paragraph unless the non-Federal sponsor enters into such
agreements with the Administrator as the Administrator may
require to ensure that the non-Federal sponsor will maintain
its aggregate expenditures from all other sources for
remediation programs in the area of concern in which the
project is located at or above the average level of such
expenditures in the 2 fiscal years preceding the date on which
the project is initiated.
(G) Coordination
In carrying out projects under this paragraph, the
Administrator shall coordinate with the Secretary of the Army,
and with the Governors of States in which the projects are
located, to ensure that Federal and State assistance for
remediation in areas of concern is used as efficiently as
practicable.
(H) Authorization of appropriations
(i) In general
In addition to other amounts authorized under this section,
there is authorized to be appropriated to carry out this
paragraph $50,000,000 for each of fiscal years 2004 through
2008.
(ii) Availability
Funds made available under clause (i) shall remain
available until expended.
(13) Public information program
(A) In general
The Administrator, acting through the Program Office and in
coordination with States, Indian tribes, local governments, and
other entities, may carry out a public information program to
provide information relating to the remediation of contaminated
sediment to the public in areas of concern that are located
wholly or partially in the United States.
(B) Authorization of appropriations
There is authorized to be appropriated to carry out this
paragraph $1,000,000 for each of fiscal years 2004 through
2008.
(d) Great Lakes research
(1) Establishment of Research Office
There is established within the National Oceanic and
Atmospheric Administration the Great Lakes Research Office.
(2) Identification of issues
The Research Office shall identify issues relating to the Great
Lakes resources on which research is needed. The Research Office
shall submit a report to Congress on such issues before the end
of each fiscal year which shall identify any changes in the Great
Lakes system (!2) with respect to such issues.

(3) Inventory
The Research Office shall identify and inventory Federal,
State, university, and tribal environmental research programs
(and, to the extent feasible, those of private organizations and
other nations) relating to the Great Lakes system,(!2) and shall
update that inventory every four years.
(4) Research exchange
The Research Office shall establish a Great Lakes research
exchange for the purpose of facilitating the rapid
identification, acquisition, retrieval, dissemination, and use of
information concerning research projects which are ongoing or
completed and which affect the Great Lakes System.
(5) Research program
The Research Office shall develop, in cooperation with the
Coordination Office, a comprehensive environmental research
program and data base for the Great Lakes system.(!2) The data
base shall include, but not be limited to, data relating to water
quality, fisheries, and biota.
(6) Monitoring
The Research Office shall conduct, through the Great Lakes
Environmental Research Laboratory, the National Sea Grant College
program, other Federal laboratories, and the private sector,
appropriate research and monitoring activities which address
priority issues and current needs relating to the Great Lakes.
(7) Location
The Research Office shall be located in a Great Lakes State.
(e) Research and management coordination
(1) Joint plan
Before October 1 of each year, the Program Office and the
Research Office shall prepare a joint research plan for the
fiscal year which begins in the following calendar year.
(2) Contents of plan
Each plan prepared under paragraph (1) shall -
(A) identify all proposed research dedicated to activities
conducted under the Great Lakes Water Quality Agreement of
1978, as amended by the Water Quality Agreement of 1987 and any
other agreements and amendments,; (!3)

(B) include the Agency's assessment of priorities for
research needed to fulfill the terms of such Agreement; and
(C) identify all proposed research that may be used to
develop a comprehensive environmental data base for the Great
Lakes System and establish priorities for development of such
data base.
(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 Administrator
to carry out this section not to exceed $3,000,000 for each of
fiscal years 1992, 1993, and 1994.
(f) Interagency cooperation
The head of each department, agency, or other instrumentality of
the Federal Government which is engaged in, is concerned with, or
has authority over programs relating to research, monitoring, and
planning to maintain, enhance, preserve, or rehabilitate the
environmental quality and natural resources of the Great Lakes,
including the Chief of Engineers of the Army, the Chief of the Soil
Conservation Service, the Commandant of the Coast Guard, the
Director of the Fish and Wildlife Service, and the Administrator of
the National Oceanic and Atmospheric Administration, shall submit
an annual report to the Administrator with respect to the
activities of that agency or office affecting compliance with the
Great Lakes Water Quality Agreement of 1978, as amended by the
Water Quality Agreement of 1987 and any other agreements and
amendments,.(!3)
(g) Relationship to existing Federal and State laws and
international treaties
Nothing in this section shall be construed -
(1) to affect the jurisdiction, powers, or prerogatives of any
department, agency, or officer of the Federal Government or of
any State government, or of any tribe, nor any powers,
jurisdiction, or prerogatives of any international body created
by treaty with authority relating to the Great Lakes; or
(2) to affect any other Federal or State authority that is
being used or may be used to facilitate the cleanup and
protection of the Great Lakes.
(h) Authorizations of Great Lakes appropriations
There are authorized to be appropriated to the Administrator to
carry out this section not to exceed -
(1) $11,000,000 per fiscal year for the fiscal years 1987,
1988, 1989, and 1990, and $25,000,000 for fiscal year 1991;
(2) such sums as are necessary for each of fiscal years 1992
through 2003; and
(3) $25,000,000 for each of fiscal years 2004 through 2008.

-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 118, as added Pub. L. 100-4,
title I, Sec. 104, Feb. 4, 1987, 101 Stat. 11; amended Pub. L.
100-688, title I, Sec. 1008, Nov. 18, 1988, 102 Stat. 4151; Pub. L.
101-596, title I, Secs. 101-106, Nov. 16, 1990, 104 Stat.
3000-3004; Pub. L. 107-303, title I, Secs. 102-105, Nov. 27, 2002,
116 Stat. 2355-2358.)

-COD-
CODIFICATION
November 16, 1990, referred to in subsec. (c)(3)(C), (7)(C), was
in the original "the enactment of this Act", and "the date of the
enactment of this title" which were translated as meaning the date
of enactment of Pub. L. 101-596, title I of which enacted subsec.
(c)(3), (7)(C), to reflect the probable intent of Congress.


-MISC1-
AMENDMENTS
2002 - Subsec. (c)(3)(E). Pub. L. 107-303, Sec. 102, added
subpar. (E).
Subsec. (c)(12), (13). Pub. L. 107-303, Sec. 103, added pars.
(12) and (13).
Subsec. (g). Pub. L. 107-303, Sec. 104, substituted "construed -
" for "construed to affect", inserted "(1) to affect" before "the
jurisdiction", substituted "Lakes; or" for "Lakes.", and added par.
(2).
Subsec. (h). Pub. L. 107-303, Sec. 105, substituted "not to
exceed - " for "not to exceed $11,000,000", inserted "(1)
$11,000,000" before "per fiscal year for", substituted "1991;" for
"1991.", added pars. (2) and (3), and struck out former last
sentence which read as follows: "Of the amounts appropriated each
fiscal year -
"(1) 40 percent shall be used by the Great Lakes National
Program Office on demonstration projects on the feasibility of
controlling and removing toxic pollutants;
"(2) 7 percent shall be used by the Great Lakes National
Program Office for the program of nutrient monitoring; and
"(3) 30 percent or $3,300,000, whichever is the lesser, shall
be transferred to the National Oceanic and Atmospheric
Administration for use by the Great Lakes Research Office."
1990 - Subsec. (a)(3)(F) to (J). Pub. L. 101-596, Sec. 103, added
subpars. (F) to (J).
Subsec. (c)(2) to (11). Pub. L. 101-596, Secs. 101, 102, 104,
added pars. (2) to (5) after par. (1) and renumbered existing
paragraphs accordingly, which was executed by renumbering pars. (2)
to (6) as (6) to (10), respectively, redesignated existing
provisions of par. (7) as subpar. (A) and added subpars. (B) and
(C), and added par. (11).
Subsec. (e)(3). Pub. L. 101-596, Sec. 106, added par. (3).
Subsec. (h). Pub. L. 101-596, Sec. 105, substituted "and 1990,
and $25,000,000 for fiscal year 1991" for "1990, and 1991" in
introductory provisions and inserted "or $3,300,000, whichever is
the lesser," after "30 percent" in par. (3).
1988 - Subsecs. (a)(1)(B), (2), (c)(1)(A), (6)(A), (D),
(e)(2)(A), (f). Pub. L. 100-688 inserted ", as amended by the Water
Quality Agreement of 1987 and any other agreements and amendments,"
after "the Great Lakes Water Quality Agreement of 1978".


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.


-MISC2-
GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT REMEDIATION
Pub. L. 101-640, title IV, Sec. 401, Nov. 28, 1990, 104 Stat.
4644, as amended by Pub. L. 104-303, title V, Sec. 515, Oct. 12,
1996, 110 Stat. 3763; Pub. L. 106-53, title V, Sec. 505, Aug. 17,
1999, 113 Stat. 338; Pub. L. 106-541, title III, Sec. 344, Dec. 11,
2000, 114 Stat. 2613, provided that:
"(a) Great Lakes Remedial Action Plans. -
"(1) In general. - The Secretary may provide technical,
planning, and engineering assistance to State and local
governments and nongovernmental entities designated by a State or
local government in the development and implementation of
remedial action plans for Areas of Concern in the Great Lakes
identified under the Great Lakes Water Quality Agreement of 1978.
"(2) Non-federal share. -
"(A) In general. - Non-Federal interests shall contribute, in
cash or by providing in-kind contributions, 35 percent of costs
of activities for which assistance is provided under paragraph
(1).
"(B) Contributions by entities. - Nonprofit public or private
entities may contribute all or a portion of the non-Federal
share.
"(b) Sediment Remediation Projects. -
"(1) In general. - The Secretary, in consultation with the
Administrator of the Environmental Protection Agency (acting
through the Great Lakes National Program Office), may conduct
pilot- and full-scale projects of promising technologies to
remediate contaminated sediments in freshwater coastal regions in
the Great Lakes basin. The Secretary shall conduct not fewer than
3 full-scale projects under this subsection.
"(2) Site selection for projects. - In selecting the sites for
the technology projects, the Secretary shall give priority
consideration to Saginaw Bay, Michigan, Sheboygan Harbor,
Wisconsin, Grand Calumet River, Indiana, Ashtabula River, Ohio,
Buffalo River, New York, and Duluth-Superior Harbor, Minnesota
and Wisconsin.
"(3) Non-federal share. - Non-Federal interests shall
contribute 35 percent of costs of projects under this subsection.
Such costs may be paid in cash or by providing in-kind
contributions.
"(c) Authorization of Appropriations. - There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000
for each of fiscal years 2001 through 2006."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2902 of this title; title
16 section 1447b.

-FOOTNOTE-


(!1) So in original.

(!2) So in original. Probably should be capitalized.



(!3) So in original.


-End-



-CITE-
33 USC Sec. 1269 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-
Sec. 1269. Long Island Sound

-STATUTE-
(a) Office of Management Conference of the Long Island Sound Study
The Administrator shall continue the Management Conference of the
Long Island Sound Study (hereinafter referred to as the
"Conference") as established pursuant to section 1330 of this
title, 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 Office
The Office shall assist the Management Conference of the Long
Island Sound Study in carrying out its goals. Specifically, the
Office shall -
(1) assist and support the implementation of the Comprehensive
Conservation and Management Plan for Long Island Sound developed
pursuant to section 1330 of this title, including efforts to
establish, within the process for granting watershed general
permits, a system for promoting innovative methodologies and
technologies that are cost-effective and consistent with the
goals of the Plan;
(2) conduct or commission studies deemed necessary for
strengthened implementation of the Comprehensive Conservation 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,
(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 Conservation and
Management Plan, and
(I) options for long-term financing of wastewater treatment
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 [16 U.S.C. 1431 et seq., 1447 et
seq.; 33 U.S.C. 1401 et seq., 2801 et seq.];
(5) provide administrative and technical support to the
conference;
(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
the final Comprehensive Conservation and Management Plan for Long
Island Sound under section 1330 of this title, and biennially
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 legislative 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
agencies, 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 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) Assistance to distressed communities
(1) Eligible communities
For the purposes of this subsection, a distressed community is
any community that meets affordability criteria established by
the State in which the community is located, if such criteria are
developed after public review and comment.
(2) Priority
In making assistance available under this section for the
upgrading of wastewater treatment facilities, the Administrator
may give priority to a distressed community.
(f) Authorizations
(1) There is authorized to be appropriated to the Administrator
for the implementation of this section, other than subsection (d)
of this section, such sums as may be necessary for each of the
fiscal years 2001 through 2005.
(2) There is authorized to be appropriated to the Administrator
for the implementation of subsection (d) of this section not to
exceed $40,000,000 for each of fiscal years 2001 through 2005.

-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 119, as added Pub. L.
101-596, title II, Sec. 202, Nov. 16, 1990, 104 Stat. 3004; amended
Pub. L. 104-303, title V, Sec. 583, Oct. 12, 1996, 110 Stat. 3791;
Pub. L. 106-457, title IV, Secs. 402 - 404, Nov. 7, 2000, 114 Stat.
1973.)

-REFTEXT-
REFERENCES IN TEXT
The Marine Protection, Research, and Sanctuaries Act, referred to
in subsec. (c)(4), probably means the Marine Protection, Research,
and Sanctuaries Act of 1972, Pub. L. 92-532, Oct. 23, 1972, 86
Stat. 1052, as amended, which is classified generally to chapters
32 (Sec. 1431 et seq.) and 32A (Sec. 1447 et seq.) of Title 16,
Conservation, and chapters 27 (Sec. 1401 et seq.) and 41 (Sec. 2801
et seq.) of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 1401 of this
title and Tables.


-MISC1-
AMENDMENTS
2000 - Subsec. (c)(1). Pub. L. 106-457, Sec. 402, inserted before
semicolon at end ", including efforts to establish, within the
process for granting watershed general permits, a system for
promoting innovative methodologies and technologies that are
cost-effective and consistent with the goals of the Plan".
Subsec. (e). Pub. L. 106-457, Sec. 403(2), added subsec. (e).
Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 106-457, Secs. 403(1), 404, redesignated
subsec. (e) as (f) and substituted "2001 through 2005" for "1991
through 2001" in par. (1) and "not to exceed $40,000,000 for each
of fiscal years 2001 through 2005" for "not to exceed $3,000,000
for each of the fiscal years 1991 through 2001" in par. (2).
1996 - Subsec. (e). Pub. L. 104-303 substituted "2001" for "1996"
in pars. (1) and (2).

-End-



-CITE-
33 USC Sec. 1270 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-
Sec. 1270. Lake Champlain Basin Program

-STATUTE-
(a) Establishment
(1) In general
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) Implementation
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 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) Membership
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) Technical Advisory Committee
(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) Research program
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 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) Grant assistance
(1) The Administrator may, in consultation with participants in
the 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) Definitions
In this section:
(1) Lake Champlain Basin Program
The term "Lake Champlain Basin Program" means the coordinated
efforts among the Federal Government, State governments, and
local governments to implement the Plan.
(2) Lake Champlain drainage basin
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) Plan
The term "Plan" means the plan developed under subsection (e)
of this section.
(h) No effect on certain authority
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) Authorization
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.

-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 120, as added Pub. L.
101-596, title III, Sec. 303, Nov. 16, 1990, 104 Stat. 3006;
amended Pub. L. 107-303, title II, Sec. 202, Nov. 27, 2002, 116
Stat. 2358.)


-MISC1-
AMENDMENTS
2002 - Pub. L. 107-303, Sec. 202(1), substituted "Lake Champlain
Basin Program" for "Lake Champlain Management Conference" in
section catchline.
Subsec. (a). Pub. L. 107-303, Sec. 202(1), (2), designated
existing provisions as par. (1), inserted heading, and added par.
(2).
Subsec. (d). Pub. L. 107-303, Sec. 202(3), struck out par. (1)
designation before "The Management".
Subsec. (e)(1). Pub. L. 107-303, Sec. 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, Sec. 202(4)(B), added subpar.
(F).
Subsec. (f)(1). Pub. L. 107-303, Sec. 202(5)(A), substituted
"participants in the Lake Champlain Basin Program," for "the
Management Conference,".
Subsec. (f)(2). Pub. L. 107-303, Sec. 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, Sec. 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, Sec. 202(6)(B), inserted
"Hamilton," after "Franklin," and "Bennington," after "Rutland,".
Subsec. (g)(3). Pub. L. 107-303, Sec. 202(6)(C), added par. (3).
Subsec. (h). Pub. L. 107-303, Sec. 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, Sec. 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).

FEDERAL PROGRAM COORDINATION
Section 304 of Pub. L. 101-596, as amended by Pub. L. 104-127,
title III, Sec. 336(a)(2)(F), Apr. 4, 1996, 110 Stat. 1005,
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 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."

-End-



-CITE-
33 USC Sec. 1271 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-
Sec. 1271. Sediment survey and monitoring

-STATUTE-
(a) Survey
(1) In general
The Administrator, in consultation with the Administrator of
the National Oceanic and Atmospheric Administration and the
Secretary, shall conduct a comprehensive national survey of data
regarding aquatic sediment quality in the United States. The
Administrator shall compile all existing information on the
quantity, chemical and physical composition, and geographic
location of pollutants in aquatic sediment, including the
probable source of such pollutants and identification of those
sediments which are contaminated pursuant to section
501(b)(4).(!1)

(2) Report
Not later than 24 months after October 31, 1992, the
Administrator shall report to the Congress the findings,
conclusions, and recommendations of such survey, including
recommendations for actions necessary to prevent contamination of
aquatic sediments and to control sources of contamination.
(b) Monitoring
(1) In general
The Administrator, in consultation with the Administrator of
the National Oceanic and Atmospheric Administration and the
Secretary, shall conduct a comprehensive and continuing program
to assess aquatic sediment quality. The program conducted
pursuant to this subsection shall, at a minimum -
(A) identify the location of pollutants in aquatic sediment;
(B) identify the extent of pollutants in sediment and those
sediments which are contaminated pursuant to section 501(b)(4);
(!1)
(C) establish methods and protocols for monitoring the
physical, chemical, and biological effects of pollutants in
aquatic sediment and of contaminated sediment;
(D) develop a system for the management, storage, and
dissemination of data concerning aquatic sediment quality;
(E) provide an assessment of aquatic sediment quality trends
over time;
(F) identify locations where pollutants in sediment may pose
a threat to the quality of drinking water supplies, fisheries
resources, and marine habitats; and
(G) establish a clearing house for information on technology,
methods, and practices available for the remediation,
decontamination, and control of sediment contamination.
(2) Report
The Administrator shall submit to Congress a report on the
findings of the monitoring under paragraph (1) on the date that
is 2 years after the date specified in subsection (a)(2) of this
section and biennially thereafter.

-SOURCE-
(Pub. L. 102-580, title V, Sec. 503, Oct. 31, 1992, 106 Stat.
4865.)

-REFTEXT-
REFERENCES IN TEXT
Section 501(b)(4), referred to in subsecs. (a)(1) and (b)(1)(B),
means section 501(b)(4) of Pub. L. 102-580, which is set out below.

-COD-
CODIFICATION
Section was enacted as part of the Water Resources Development
Act of 1992 and also as part of the National Contaminated Sediment
Assessment and Management Act, and not as part of the Federal Water
Pollution Control Act which comprises this chapter.


-MISC1-
AVAILABILITY OF CONTAMINATED SEDIMENTS INFORMATION
Section 327 of Pub. L. 102-580 directed Secretary to conduct
national study on information that was currently available on
contaminated sediments of surface waters of United States and
compile information obtained for the purpose of identifying
location and nature of contaminated sediments and, not later than 1
year after Oct. 31, 1992, to transmit to Congress a report on the
results of the study.

NATIONAL CONTAMINATED SEDIMENT ASSESSMENT AND MANAGEMENT; SHORT
TITLE; DEFINITIONS; TASK FORCE
Sections 501 and 502 of title V of Pub. L. 102-580 provided that:

"SEC. 501. SHORT TITLE AND DEFINITIONS.
"(a) Short Title. - This title [enacting this section, amending
sections 1412 to 1416, 1420, and 1421 of this title, and enacting
provisions set out below] may be cited as the 'National
Contaminated Sediment Assessment and Management Act'.
"(b) Definitions. - For the purposes of sections 502 and 503 of
this title [enacting this section and provisions set out below] -
"(1) the term 'aquatic sediment' means sediment underlying the
navigable waters of the United States;
"(2) the term 'navigable waters' has the same meaning as in
section 502(7) of the Federal Water Pollution Control Act (33
U.S.C. 1362(7));
"(3) the term 'pollutant' has the same meaning as in section
502(6) of the Federal Water Pollution Control Act (33 U.S.C.
1362(6)); except that such term does not include dredge spoil,
rock, sand, or cellar dirt;
"(4) the term 'contaminated sediment' means aquatic sediment
which -
"(A) contains chemical substances in excess of appropriate
geochemical, toxicological or sediment quality criteria or
measures; or
"(B) is otherwise considered by the Administrator to pose a
threat to human health or the environment; and
"(5) the term 'Administrator' means the Administrator of the (continued)