(June 30, 1948, ch. 758, title I, § 120, as added Pub. L. 101–596, title III, § 303,Nov. 16, 1990, 104 Stat. 3006; amended Pub. L. 107–303, title II, § 202,Nov. 27, 2002, 116 Stat. 2358.)
2002—Pub. L. 107–303
, § 202(1), substituted “Lake Champlain Basin Program” for “Lake Champlain Management Conference” in section catchline.
Subsec. (a). Pub. L. 107–303
, § 202(1), (2), designated existing provisions as par. (1), inserted heading, and added par. (2).
Subsec. (d). Pub. L. 107–303
, § 202(3), struck out par. (1) designation before “The Management”.
Subsec. (e)(1). Pub. L. 107–303
, § 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
, § 202(4)(B), added subpar. (F).
Subsec. (f)(1). Pub. L. 107–303
, § 202(5)(A), substituted “participants in the Lake Champlain Basin Program,” for “the Management Conference,”.
Subsec. (f)(2). Pub. L. 107–303
, § 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
, § 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
, § 202(6)(B), inserted “Hamilton,” after “Franklin,” and “Bennington,” after “Rutland,”.
Subsec. (g)(3). Pub. L. 107–303
, § 202(6)(C), added par. (3).
Subsec. (h). Pub. L. 107–303
, § 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
, § 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 ofPub. L. 101–596
, as amended by Pub. L. 104–127
, title III, § 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
], 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
“(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
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
], 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
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.”