H.R. 4962 (103rd): Coeur d’Alene Basin Restoration Act of 1994

103rd Congress, 1993–1994. Text as of Aug 12, 1994 (Introduced).

Status & Summary | PDF | Source: GPO

HR 4962 IH

103d CONGRESS

2d Session

H. R. 4962

To amend the Federal Water Pollution Control Act relating to the Coeur d’Alene Basin Management Conference.

IN THE HOUSE OF REPRESENTATIVES

August 12, 1994

Mr. LAROCCO introduced the following bill; which was referred jointly to the Committees on Public Works and Transportation, Natural Resources, Merchant Marine and Fisheries, and Energy and Commerce


A BILL

To amend the Federal Water Pollution Control Act relating to the Coeur d’Alene Basin Management Conference.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Coeur d’Alene Basin Restoration Act of 1994’.

SEC. 2. COEUR D’ALENE BASIN MANAGEMENT CONFERENCE.

    Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251-1270) is amended by adding at the end the following:

‘SEC. 121. COEUR D’ALENE BASIN MANAGEMENT CONFERENCE.

    ‘(a) ESTABLISHMENT- There is established a Coeur d’Alene Basin Management Conference to develop a comprehensive pollution prevention, control, and restoration plan for the Coeur d’Alene Basin. The Administrator shall convene the management conference within 30 days of the date of the enactment of this section.

    ‘(b) MEMBERSHIP-

      ‘(1) IN GENERAL- The members of the Management Conference shall be comprised of--

        ‘(A) a representative of the Environmental Protection Agency;

        ‘(B) a representative of the Coeur d’Alene Indian tribe; and

        ‘(C) a representative of the Idaho Department of Environmental Quality.

      ‘(2) STEERING COMMITTEE- The Management Conference shall appoint--

        ‘(A) a management advisory committee;

        ‘(B) a technical advisory committee; and

        ‘(C) a citizens’ advisory committee.

      ‘(3) EX OFFICIO MEMBERS- The Management Conference shall have ex officio members which shall include, at a minimum, the Member of the United States House of Representatives within whose congressional district lies the Coeur d’Alene Basin.

    ‘(c) POLLUTION PREVENTION, CONTROL, AND RESTORATION PLAN-

      ‘(1) PUBLICATION DEADLINE- Not later than 1 year after the date of the enactment of this section, the Management Conference shall publish a water pollution prevention, control, and restoration plan (hereinafter in this section referred to as the ‘Plan’) for the Coeur d’Alene Basin.

      ‘(2) CONTENTS- The Plan developed pursuant to this section shall--

        ‘(A) clarify the duties of Federal and State agencies and other persons in water pollution prevention and control activities, and to the extent allowable by law, suggest a reasonable timetable for adoption by the appropriate Federal and State agencies to accomplish such duties;

        ‘(B) describe the methods and schedules for funding of programs, activities, and projects identified in the Plan, including the use of Federal and other sources of funds;

        ‘(C) incorporate environmental management concepts and programs established in State and Federal plans and programs in effect at the time of the development of the Plan; and

        ‘(D) include a strategy for water pollution prevention and control in the Coeur d’Alene Basin, including the promotion of pollution prevention and management practices to reduce the amount of pollution generated in the Coeur d’Alene Basin.

      ‘(3) PUBLIC REVIEW AND COMMENT- 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 Idaho.

      ‘(4) APPROVAL- Not less than 30 days after the publication of the Plan required pursuant to this section, the Administrator shall approve the Plan if the Plan meets the requirements of this section.

      ‘(5) TREATMENT- Upon approval of the Plan, the 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.

      ‘(6) IMPLEMENTATION- Upon approval of the Plan under this subsection, the Plan shall be implemented.

    ‘(d) GRANT ASSISTANCE-

      ‘(1) IN GENERAL- The Administrator may, in consultation with the Management Conference, make grants to State, interstate, and regional water pollution control agencies, and public or nonprofit agencies, institutions, and organizations.

      ‘(2) PURPOSES- Grants under this subsection shall be made for assisting development of the Plan, including research, surveys, studies, and modeling and technical and supporting work necessary for the development of the Plan.

      ‘(3) FEDERAL SHARE- The amount of grants to any person under this subsection for a fiscal year shall not exceed 70 percent of the costs of development of the Plan and shall be made available on the condition that non-Federal share of such costs are provided from non-Federal sources. The non-Federal share may be provided by in-kind services.

      ‘(4) TERMS AND CONDITIONS- The Administrator may establish such terms and conditions for the administration of grants as the Administrator determines to be appropriate.

    ‘(e) DEFINITION- For purposes of this section, the term ‘Coeur d’Alene Basin’ means the watershed in northern Idaho containing the South Fork of the Coeur d’Alene River, the main stem of the Coeur d’Alene River, and Lake Coeur d’Alene.

    ‘(f) STATUTORY INTERPRETATION- Nothing in this section shall be used to affect the jurisdiction or powers of--

      ‘(1) any department or agency of the United States or any State; or

      ‘(2) any entity related to the Coeur d’Alene Basin created by treaty or memorandum to which the United States is a signatory.

    ‘(g) AUTHORIZATION- There are authorized to be appropriated to the Environmental Protection Agency to carry out this section such sums as may be necessary for fiscal years 1995, 1996, 1997, 1998, and 1999.’.

SEC. 3. FEDERAL PROGRAM COORDINATION.

    (a) 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 Coeur d’Alene Basin, as defined under section 121 of the Federal Water Pollution Control Act, the Secretary of the Interior, acting through the heads of water resources divisions of the Idaho and Washington districts of the United States Geological Survey, shall--

      (1) in cooperation with appropriate universities and private research institutions and appropriate officials of the appropriate departments and agencies of the States of Idaho and Washington, develop an integrated geographic information system of the Coeur d’Alene Basin;

      (2) convert all partial recording sites in the Coeur d’Alene Basin to continuous monitoring stations with full gauging capabilities and status; and

      (3) establish such additional continuous monitoring station sites in the Coeur d’Alene Basin as are necessary to carry out basic data collection and monitoring, as defined by the Secretary of the Interior, including ground water mapping, and water quality and sediment data collection.

    (b) 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 Coeur d’Alene Fish and Wildlife Management Cooperative and the Coeur d’Alene Basin Management Conference established pursuant to section 121 of the Federal Water Pollution Control Act, shall--

        (A) establish and implement a fisheries resources restoration, development, and conservation program, including dedicating a level of hatchery production within the Coeur d’Alene Basin at or above the level that existed immediately preceding the date of the enactment of this Act; and

        (B) conduct a wildlife species and habitat assessment survey in the Coeur d’Alene 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.), Idaho State and Washington State threatened and endangered species and other species of special concern, migratory nongame species of management concern, and national resources plan species; and

          (ii) a survey of migratory bird populations breeding, migrating, and wintering within the Coeur d’Alene Basin.

      (2) ACTIVITIES- 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) improving the health of fishery resources;

        (B) conducting investigations about the status of fishery resources, and disseminating that information to all interested parties; and

        (C) conducting and periodically updating a survey of the fishery resources and their habitats and food chains in the Coeur d’Alene Basin.

    (c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Department of the Interior such sums as may be necessary for fiscal years 1995, 1996, 1997, 1998, and 1999 to carry out subsections (a) and (b) of this section.

SEC. 4. RESTORATION PLAN.

    (a) COOPERATION OF THE UNITED STATES BUREAU OF LAND MANAGEMENT OF THE DEPARTMENT OF THE INTERIOR- For the purpose of restoring and managing of public lands, public uses, and the basin restoration areas, the Secretary of the Interior, acting through the State director of the Bureau of Land Management, shall--

      (1) cooperatively with the other natural resource trustees, develop and implement a restoration plan for the public lands and other contaminated lands to reduce human and environmental risks in the Coeur d’Alene Basin, as defined in section 121 of the Federal Water Pollution Control Act;

      (2) develop and maintain a computerized geographical information system inventory of abandoned or inactive mining sites and extensively mine waste contaminated areas in the Basin, including audits, tailing piles, mill sites, and processing facilities, their location, key contaminants, their concentrations and loading rates, and other information pertinent to evaluation and prioritization;

      (3) provide for the cleanup of mining contaminated sites or areas and the restoration of damaged natural resources on public lands or land acquired to be restored in the Basin;

      (4) develop and implement stream and river restoration plans which would involve the rebuilding of stream structure, placement of wood debris, habitat structures, and habitat rocks, stabilization of banks, and riparian plantings in the Basin;

      (5) provide for monitoring of restored areas in order to document the effectiveness of the restoration and identify any residual problems not sufficiently corrected;

      (6) cooperatively with the other land managing and public health agencies, the Coeur d’Alene Indian tribe, regulators, and land owners, develop and implement a land management plan for the public lands and other lands in the Basin to reduce human health and environmental risks;

      (7) develop and maintain cooperatively an integrated computerized geographical information system of cultural and ecological resources, location of source and contaminated areas, and records of restoration and management activities to ensure long-term coordinated management within the Basin;

      (8) working with the Forest Service, Fish and Wildlife Service, Idaho Department of Fish and Game, the Coeur d’Alene Indian tribe, and other wildlife interests, develop wildlife and fishery habitat management plans for the streams, river, lakes, and wetlands in the Basin, including development of cooperative wildlife management areas;

      (9) provide for monitoring of wildlife management areas in the Basin for effectiveness of wildlife improvements and restoration and management activities;

      (10) working with the Forest Service, Idaho Departments of Fish and Game and Parks and Recreation, public health agencies, the Coeur d’Alene Indian tribe, and other public recreation interests develop an integrated public recreation management plan for the Basin to provide public information and minimize recreational health risks; and

      (11) develop and implement a lake and river information program to provide public use and health risk information in the Basin along with the recreation management and maintenance of public land sites.

    (b) POWERS OF BLM- To accomplish the purposes of paragraphs (2), (3), and (4) of subsection (a), the Director of the United States Bureau of Land Management is authorized to carry out activities related to--

      (1) data collection and other inventory of mining waste source areas and contaminated lands;

      (2) data management of resource information, restoration activities, and monitoring and management data;

      (3) accepting or acquiring mining contaminated lands to restore and manage for the purpose of minimizing long-term human health and natural resource risks;

      (4) design, engineering, construction, and maintenance of restoration projects and management facilities;

      (5) design, oversee construction, and management of repositories for mine waste and mine contaminated soil needed for restoration activities;

      (6) lake and river information program, public use information, and recreation use supervision;

      (7) long-term restoration and land management plans for contaminated and restored lands; and

      (8) providing long-term maintenance and management of restored public lands.

    (c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Department of the Interior, Bureau of Land Management, such sums as may be necessary for fiscal years 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002 to carry out subsections (a) and (b) of this section.

SEC. 5. EXEMPTION FROM CERCLA LIABILITY.

    The Environmental Protection Agency and the Department of the Interior shall be specifically exempted from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for actions taken under this Act, including any amendment made by this Act.