§ 1270. Patrick Leahy Lake Champlain Basin Program

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1948

   Lake Champlain Special Designation Act of 1990

   Pub. L. 101–596 title III § 303 · 104 Stat. 3000

   Enacted · 33 U.S.C. § 1270

   June 30, 1948, ch. 758, title I, § 120, as added Pub. L. 101–596, title III, § 303, Nov. 16, 1990, 104 Stat. 3006

   Source evidence

   Code source credit
   June 30, 1948, ch. 758, title I, § 120, as added Pub. L. 101–596, title III, § 303, Nov. 16, 1990, 104 Stat. 3006

   Enacted provision · exact public law section
   Sec. 303. lake champlain management conference Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end thereof the following new section— “Sec. 120. “Lake Champlain Management Conference (a) Establishment.— 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 the date of enactment of this section. “(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, 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 Conference 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 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.— (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 pollution 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 programs, 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 generated 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 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 319(h) of this Act and such plan shall be deemed to be an approved comprehensive conservation and management plan pursuant to section 320 of this Act. “(f) Grant Assistance.— (1) The Administrator may, in consultation 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 supporting work necessary for the 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. “(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 counties 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.”.

2. 2002

   Daniel Patrick Moynihan Lake Champlain Basin Program Act of 2002

   Pub. L. 107–303 § 202(1) · 116 Stat. 2355

   Substituted · 33 U.S.C. § 1270

   Pub. L. 107–303, § 202(1), substituted “Lake Champlain Basin Program” for “Lake Champlain Management Conference” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 107–303, § 202(1), substituted “Lake Champlain Basin Program” for “Lake Champlain Management Conference” in section catchline.

   Enacted provision · exact public law section
   (1) by striking the section heading and all that follows through ‘“There is established” in subsection (a) and inserting the following: “SEC. 120. LAKE CHAMPLAIN BASIN PROGRAM. “(a) Establishment.— “(1) In general.— There is established”;

3. 2002

   Daniel Patrick Moynihan Lake Champlain Basin Program Act of 2002

   Pub. L. 107–303 § 202(1) · 116 Stat. 2355

   1. Amended · 33 U.S.C. § 1270(a)

      Pub. L. 107–303, § 202(1), (2), designated existing provisions as par. (1)

   2. Inserted · 33 U.S.C. § 1270(a)

      Pub. L. 107–303, § 202(1), (2), inserted heading

   3. Added · 33 U.S.C. § 1270(a)

      Pub. L. 107–303, § 202(1), (2), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–303, § 202(1), (2), designated existing provisions as par. (1), inserted heading, and added par. (2).

   Enacted provision · exact public law section
   (1) by striking the section heading and all that follows through ‘“There is established” in subsection (a) and inserting the following: “SEC. 120. LAKE CHAMPLAIN BASIN PROGRAM. “(a) Establishment.— “(1) In general.— There is established”;

4. 2002

   Daniel Patrick Moynihan Lake Champlain Basin Program Act of 2002

   Pub. L. 107–303 § 202(3) · 116 Stat. 2355

   Struck · 33 U.S.C. § 1270(d)

   Pub. L. 107–303, § 202(3), struck out par. (1) designation before “The Management”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 107–303, § 202(3), struck out par. (1) designation before “The Management”.

   Enacted provision · exact public law section
   (3) in subsection (d), by striking “(1)”;

5. 2002

   Daniel Patrick Moynihan Lake Champlain Basin Program Act of 2002

   Pub. L. 107–303 § 202(4)(A) · 116 Stat. 2355

   Struck · 33 U.S.C. § 1270(e)(1)

   Pub. L. 107–303, § 202(4)(A), struck out “(hereafter in this section referred to as the ‘Plan’)” after “restoration plan”

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 107–303, § 202(4)(A), struck out “(hereafter in this section referred to as the ‘Plan’)” after “restoration plan”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking “(hereafter in this section referred to as the ‘Plan’)”; and

6. 2002

   Daniel Patrick Moynihan Lake Champlain Basin Program Act of 2002

   Pub. L. 107–303 § 202(4)(B) · 116 Stat. 2355

   Added · 33 U.S.C. § 1270(e)(2)(F)

   Pub. L. 107–303, § 202(4)(B), added subpar. (F)

   Source evidence

   Code amendment note
   Subsec. (e)(2)(F). Pub. L. 107–303, § 202(4)(B), added subpar. (F).

   Enacted provision · exact public law section
   (B) in paragraph (2)— (i) in subparagraph (D), by striking “and” at the end; (ii) in subparagraph (E), by striking the period at the end and inserting “; and”; and (iii) by adding at the end the following: “(F) be reviewed and revised, as necessary, at least once every 5 years, in consultation with the Administrator and other appropriate Federal agencies.”;

7. 2002

   Daniel Patrick Moynihan Lake Champlain Basin Program Act of 2002

   Pub. L. 107–303 § 202(5)(A) · 116 Stat. 2355

   Substituted · 33 U.S.C. § 1270(f)(1)

   Pub. L. 107–303, § 202(5)(A), substituted “participants in the Lake Champlain Basin Program,” for “the Management Conference,”

   Source evidence

   Code amendment note
   Subsec. (f)(1). Pub. L. 107–303, § 202(5)(A), substituted “participants in the Lake Champlain Basin Program,” for “the Management Conference,”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking “the Management Conference,” and inserting “participants in the Lake Champlain Basin Program,”; and

8. 2002

   Daniel Patrick Moynihan Lake Champlain Basin Program Act of 2002

   Pub. L. 107–303 § 202(5)(B) · 116 Stat. 2355

   Substituted · 33 U.S.C. § 1270(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (B) in paragraph (2), by striking “development of the Plan” and all that follows and inserting “development and implementation of the Plan.”;

9. 2002

   Daniel Patrick Moynihan Lake Champlain Basin Program Act of 2002

   Pub. L. 107–303 § 202(6)(A) · 116 Stat. 2355

   1. Substituted · 33 U.S.C. § 1270(g)

      Pub. L. 107–303, § 202(6)(A), substituted “Definitions” for “ ‘Lake Champlain drainage basin’ defined” in subsec. heading

   2. Inserted · 33 U.S.C. § 1270(g)

      Pub. L. 107–303, § 202(6)(A), inserted introductory provisions

   3. Added · 33 U.S.C. § 1270(g)

      Pub. L. 107–303, § 202(6)(A), added par. (1)

   4. Inserted · 33 U.S.C. § 1270(g)

      Pub. L. 107–303, § 202(6)(A), inserted par. (2) designation and heading after par. (1)

   5. Inserted · 33 U.S.C. § 1270(g)

      Pub. L. 107–303, § 202(6)(A), inserted “The term” before “ ‘Lake Champlain drainage”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (A) by striking “(g)” and all that follows through “the term” and inserting the following: “(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”;

10. 2002

    Daniel Patrick Moynihan Lake Champlain Basin Program Act of 2002

    Pub. L. 107–303 § 202(6)(B) · 116 Stat. 2355

    Inserted · 33 U.S.C. § 1270(g)(2)

    Pub. L. 107–303, § 202(6)(B), inserted “Hamilton,” after “Franklin,” and “Bennington,” after “Rutland,”

    Source evidence

    Code amendment note
    Subsec. (g)(2). Pub. L. 107–303, § 202(6)(B), inserted “Hamilton,” after “Franklin,” and “Bennington,” after “Rutland,”.

    Enacted provision · exact public law section
    (B) in paragraph (2) (as designated by subparagraph (A))— (i) by inserting “Hamilton,” after “Franklin,”; and (ii) by inserting “Bennington,” after “Rutland,”; and

11. 2002

    Daniel Patrick Moynihan Lake Champlain Basin Program Act of 2002

    Pub. L. 107–303 § 202(6)(C) · 116 Stat. 2355

    Added · 33 U.S.C. § 1270(g)(3)

    Pub. L. 107–303, § 202(6)(C), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (g)(3). Pub. L. 107–303, § 202(6)(C), added par. (3).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(3) Plan.— The term “Plan’ means the plan developed under subsection (e).”;

12. 2002

    Daniel Patrick Moynihan Lake Champlain Basin Program Act of 2002

    Pub. L. 107–303 § 202(7) · 116 Stat. 2355

    1. Added · 33 U.S.C. § 1270(h)

       Pub. L. 107–303, § 202(7), added subsec. (h)

    2. Struck · 33 U.S.C. § 1270(h)

       Pub. L. 107–303, § 202(7), 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—

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (7) by striking subsection (h) and inserting the following: “(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).”; and

13. 2002

    Daniel Patrick Moynihan Lake Champlain Basin Program Act of 2002

    Pub. L. 107–303 § 202(8) · 116 Stat. 2355

    1. Substituted · 33 U.S.C. § 1270(i)

       Pub. L. 107–303, § 202(8), substituted “section—” for “section $2,000,000”

    2. Inserted · 33 U.S.C. § 1270(i)

       Pub. L. 107–303, § 202(8), inserted “(1) $2,000,000” before “for each of fiscal years 1991,”

    3. Substituted · 33 U.S.C. § 1270(i)

       Pub. L. 107–303, § 202(8), substituted “1995;” for “1995.”

    4. Added · 33 U.S.C. § 1270(i)

       Pub. L. 107–303, § 202(8), added pars. (2) and (3)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (8) in subsection (i)— (A) by striking “section $2,000,000” and inserting “section— “(1) $2,000,000”; (B) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: “(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”.

14. 2022

    Department of Homeland Security Appropriations Act, 2023

    Pub. L. 117–328 § 404(a)(1) · 136 Stat. 4459

    Inserted · 33 U.S.C. § 1270

    Pub. L. 117–328, § 404(a)(1), (2), inserted “Patrick Leahy” before “Lake Champlain Basin Program” in section catchline and wherever appearing in text

    Source evidence

    Code amendment note
    Pub. L. 117–328, § 404(a)(1), (2), inserted “Patrick Leahy” before “Lake Champlain Basin Program” in section catchline and wherever appearing in text.

    Enacted provision · exact public law section
    Sec. 404. The Director of the Federal Law Enforcement Training Centers is authorized to distribute funds to Federal law enforcement agencies for expenses incurred participating in training accreditation.

15. 2022

    Department of Homeland Security Appropriations Act, 2023

    Pub. L. 117–328 § 404(a)(3) · 136 Stat. 4459

    Inserted · 33 U.S.C. § 1270(g)(1)

    Pub. L. 117–328, § 404(a)(3), inserted “Patrick Leahy” before “Lake Champlain Basin Program” in heading

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 117–328, § 404(a)(3), inserted “Patrick Leahy” before “Lake Champlain Basin Program” in heading.

    Enacted provision · exact public law section
    Sec. 404. The Director of the Federal Law Enforcement Training Centers is authorized to distribute funds to Federal law enforcement agencies for expenses incurred participating in training accreditation.

16. 2022

    Department of Homeland Security Appropriations Act, 2023

    Pub. L. 117–328 § 404(a)(4) · 136 Stat. 4459

    Amended · 33 U.S.C. § 1270(i)

    Pub. L. 117–328, § 404(a)(4), amended subsec. (i) generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to the Environmental Protection Agency to carry out this section—

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 117–328, § 404(a)(4), amended subsec. (i) generally. Prior to amendment, text read as follows: “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.”

    Enacted provision · exact public law section
    Sec. 404. The Director of the Federal Law Enforcement Training Centers is authorized to distribute funds to Federal law enforcement agencies for expenses incurred participating in training accreditation.

26 of 26 references resolved to an enrolled provision