Sec. 542. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK
1,083 words·~5 min read·
/statute-compilations/comps-8310/sec-542A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 542 LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK ###
(a)Definitions In this section, the following definitions apply: ####
(1)Critical restoration project The term “**critical restoration project**” means a project that will produce, consistent with Federal programs, projects, and activities, immediate and substantial ecosystem restoration, preservation, and protection benefits. ####
(2)Lake champlain watershed The term “**Lake Champlain watershed**” means— #####
(A)the land areas within Addison, Bennington, Caledonia, Chittenden, Franklin, Grand Isle, Lamoille, Orange, Orleans, Rutland, and Washington Counties in the State of Vermont; and #####
(B)######
(i)the land areas that drain into Lake Champlain and that are located within Essex, Clinton, Franklin, Warren, and Washington Counties in the State of New York; and ######
(ii)the near-shore areas of Lake Champlain within the counties referred to in clause (i). ###
(b)Critical Restoration Projects ####
(1)In general The Secretary may participate in critical restoration projects in the Lake Champlain watershed. ####
(2)Types of projects A critical restoration project shall be eligible for assistance under this section if the critical restoration project consists of— #####
(A)implementation of an intergovernmental agreement for coordinating regulatory and management responsibilities with respect to the Lake Champlain watershed; #####
(B)acceleration of whole farm planning to implement best management practices to maintain or enhance water quality and to promote agricultural land use in the Lake Champlain watershed; #####
(C)acceleration of whole community clean water infrastructure planning, design, and construction to promote intergovernmental cooperation in the regulation and management of activities consistent with the goal of maintaining or enhancing water quality in the Lake Champlain watershed; #####
(D)natural resource stewardship activities on public or private land to promote land uses that— ######
(i)preserve and enhance the economic and social character of the communities in the Lake Champlain watershed; and ######
(ii)protect and enhance water quality; #####
(E)river corridor assessment, protection, management, and restoration for the purposes of ecosystem restoration; #####
(F)geographic mapping conducted by the Secretary using existing technical capacity to produce a high-resolution, multispectral satellite imagery-based land use and cover data set; #####
(G)measures to restore, protect, and preserve an ecosystem affected by a dam (including by the rehabilitation or modification of a dam)— ######
(i)that has been constructed, in whole or in part, by the Corps of Engineers for flood control purposes; ######
(ii)for which construction was completed before 1940; ######
(iii)that is classified as “high hazard potential” by the State dam safety agency of the State in which the dam is located; and ######
(iv)that is operated by a non-Federal entity; or #####
(H)any other activity determined by the Secretary to be appropriate. ###
(c)Public Ownership Requirement The Secretary may provide assistance for a critical restoration project under this section only if— ####
(1)the critical restoration project is publicly owned; or ####
(2)the non-Federal interest with respect to the critical restoration project demonstrates that the critical restoration project will provide a substantial public benefit in the form of water quality improvement. ###
(d)Project Selection ####
(1)In general In consultation with the Lake Champlain Basin Program and the heads of other appropriate Federal, State, tribal, and local agencies, the Secretary may— #####
(A)identify critical restoration projects in the Lake Champlain watershed; and #####
(B)carry out the critical restoration projects after entering into an agreement with an appropriate non-Federal interest in accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) and this section. ####
(2)Certification #####
(A)In general A critical restoration project shall be eligible for financial assistance under this section only if the appropriate State official for the critical restoration project certifies to the Secretary that the critical restoration project will contribute to the protection and enhancement of the quality or quantity of the water resources of the Lake Champlain watershed. #####
(B)Special consideration In certifying critical restoration projects to the Secretary, the appropriate State officials shall give special consideration to projects that implement plans, agreements, and measures that preserve and enhance the economic and social character of the communities in the Lake Champlain watershed. ###
(e)Cost Sharing ####
(1)In general Before providing assistance under this section with respect to a critical restoration project, the Secretary shall enter into a project cooperation agreement that shall require the non-Federal interest— #####
(A)to pay 35 percent of the total costs of the project, or in the case of a critical restoration project benefitting an economically disadvantaged community (as defined as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)), 10 percent of the total costs of the project; #####
(B)to provide any land, easements, rights-of-way, dredged material disposal areas, and relocations necessary to carry out the project; #####
(C)to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs associated with the project; and #####
(D)to hold the United States harmless from any claim or damage that may arise from carrying out the project, except any claim or damage that may arise from the negligence of the Federal Government or a contractor of the Federal Government. ####
(2)Non-federal share #####
(A)Credit for design work ######
(i)In general The non-Federal interest shall receive credit for the reasonable costs of design work carried out by the non-Federal interest before the date of execution of a project cooperation agreement for the critical restoration project, if the Secretary finds that the design work is integral to the project. ######
(ii)Approval of district engineer Approval of credit for design work of less than $100,000 shall be determined by the appropriate district engineer. #####
(B)Credit for land, easements, and rights-of-way The Secretary shall credit the non-Federal interest for the value of any land, easement, right-of-way, dredged material disposal area, or relocation provided for carrying out the project. #####
(C)Form The non-Federal interest may provide the non-Federal share in the form of services, materials, supplies, or other in-kind contributions. ###
(f)Applicability of Other Federal and State Laws Nothing in this section waives, limits, or otherwise affects the applicability of Federal or State law with respect to a project carried out with assistance provided under this section. ###
(g)Authorization of Appropriations There is authorized to be appropriated to carry out this section $100,000,000, to remain available until expended. * * * * * * *
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources