Pub. L. 101-640, tit. IV, sec. 411

ONONDAGA LAKE, NEW YORK.

EnactedYear: 1990Length: 719 wordsOfficial source
SEC. 411. ONONDAGA LAKE, NEW YORK. (a) Management Conference.—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, New York. The purposes of the management conference shall include— (1) the development, in the 2-year period beginning on the date of the enactment of this Act, of a comprehensive restoration, 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 Army Corps of Engineers, the Environmental Protection Agency, and all local agencies, governments, and other groups participating in such management conference. (b) Administrative Provisions.— (1) Membership.—The members of the management conference shall include, at a minimum, the Assistant 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) Designated representative.—Any member of the management conference may designate a representative to 104 STAT. 4649attend meetings of the management conference and otherwise represent such member on the management conference. (3) Ex officio members.—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) each member of the United States House of Representatives within whose congressional district any portion of Onondaga Lake lies. (4) Standing committees.—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) Required Actions Upon Plan Completion.— (1) Approval.—Not later than 120 days after the completion of the plan developed pursuant to subsection (a) and after providing for public review and comment, the Assistant Secretary 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) Implementation.—Upon approval of the plan under this subsection, such plan shall be implemented. (d) Grants.— (1) In general.—The Assistant Secretary of the Army for Civil Works and the Administrator of the Environmental Protection Agency are authorized to make grants to the State of New York to perform activities authorized under this section or to contract for such performance. Such grants may not exceed 70 percent of the costs of such activities and the non-Federal share of such costs shall be provided by non-Federal sources. Administrative services for the development and implementation of the plan approved 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) Use of grants.—To carry out this section, the Governor of the State of New York may, using funds made available pursuant to paragraph (1), make grants for— (A) research, surveys, administrative services, and studies approved 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 support of litigation undertaken by the State of New York to compel cleanup or obtain cleanup and damage costs from parties responsible for the pollution of Onondaga Lake, including administrative services. (3) In-kind payments.—In-kind payments shall qualify for the purpose of meeting the total non-Federal matching requirements of this subsection. (e) Authorization of Appropriations.—There are authorized to be appropriated to the Secretary and the Administrator of the 104 STAT. 4650Environmental Protection Agency such sums as may be necessary to carry out this section. (f) Effect on Liability.—Grants made under this section shall not relieve from liability 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.