[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4415 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4415
To amend the Federal Water Pollution Control Act to reauthorize and
modify the Lake Champlain Basin Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 16, 2022
Mr. Leahy (for himself, Mr. Sanders, Mr. Schumer, and Mrs. Gillibrand)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to reauthorize and
modify the Lake Champlain Basin Program, and for other purposes.
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 ``Lake Champlain Basin Program
Reauthorization Act of 2022''.
SEC. 2. LAKE CHAMPLAIN BASIN PROGRAM.
Section 120 of the Federal Water Pollution Control Act (33 U.S.C.
1270) is amended to read as follows:
``SEC. 120. LAKE CHAMPLAIN BASIN PROGRAM.
``(a) Definitions.--In this section:
``(1) Champlain valley national heritage partnership.--The
term `Champlain Valley National Heritage Partnership' means the
Champlain Valley National Heritage Partnership established by
section 284(a) of the Champlain Valley National Heritage
Partnership Act of 2006 (54 U.S.C. 320101 note; Public Law 109-
338).
``(2) Education and outreach committee.--
``(A) In general.--The term `Education and Outreach
Committee' means a committee established by the
Steering Committee to provide objective information and
funding recommendations to the Steering Committee upon
request to be used in the decisionmaking process of the
Steering Committee, including--
``(i) funding recommendations relating to
educational and outreach opportunities and
issues; and
``(ii) programmatic actions needed to
address those educational or outreach
opportunities or issues.
``(B) Inclusion.--The term `Education and Outreach
Advisory Committee' includes a committee described in
subparagraph (A) established before the date of
enactment of the Lake Champlain Basin Program
Reauthorization Act of 2022.
``(3) Fiscal agent.--The term `fiscal agent' means an
organization that is responsible for fiscal and administrative
management of the Program under the direction of the Steering
Committee and the Administrator.
``(4) Foundation.--The term `Foundation' means the Lake
Champlain Basin Program Foundation that may be established
pursuant to subsection (d)(1).
``(5) Lake champlain basin.--The term `Lake Champlain
Basin' means Lake Champlain and the natural watershed of Lake
Champlain, including all land, streams, rivers, lakes, and
other bodies of water in the United States and Canada that
naturally drain into Lake Champlain, including all or a portion
of--
``(A) the counties of Clinton, Franklin, Warren,
Essex, and Washington in the State of New York; and
``(B) the counties of Franklin, Grand Isle,
Chittenden, Addison, Rutland, Bennington, Lamoille,
Orange, Washington, Orleans, and Caledonia in the State
of Vermont.
``(6) Lake champlain citizens advisory committee.--
``(A) In general.--The term `Lake Champlain
Citizens Advisory Committee' means a committee in the
State of Vermont, the State of New York, and, if the
Province of Quebec elects to participate, the Province
of Quebec, established by the Governor or executive
officer of the State or province, as applicable, to
advise on the protection and restoration of Lake
Champlain.
``(B) Inclusion.--The term `Lake Champlain Citizens
Advisory Committee' includes a committee described in
subparagraph (A) established before the date of
enactment of the Lake Champlain Basin Program
Reauthorization Act of 2022.
``(7) Plan.--The term `Plan' means the comprehensive
pollution prevention, ecosystem protection and restoration, and
climate change response plan adopted and published under
subsection (e)(1), including any revisions to that plan.
``(8) Program.--The term `Program' means the Lake Champlain
Basin Program established by subsection (b)(1).
``(9) Steering committee.--The term `Steering Committee'
means the Steering Committee established and maintained under
the most recent Memorandum of Understanding on Environmental
Cooperation on the Management of Lake Champlain entered into
between the State of New York, the State of Vermont, and, if
the Province of Quebec elects to participate, the Province of
Quebec, as modified pursuant to this section.
``(10) Technical advisory committee.--
``(A) In general.--The term `Technical Advisory
Committee' means a committee established by the
Steering Committee to provide objective information and
funding recommendations to the Steering Committee upon
request to be used in the decisionmaking process of the
Steering Committee, including--
``(i) funding recommendations relating to
technical and scientific management issues; and
``(ii) research or actions needed to
address those technical or scientific
management issues.
``(B) Inclusion.--The term `Technical Advisory
Committee' includes a committee described in
subparagraph (A) established before the date of
enactment of the Lake Champlain Basin Program
Reauthorization Act of 2022.
``(b) Establishment.--
``(1) In general.--There is established a program within
the Environmental Protection Agency, to be known as the `Lake
Champlain Basin Program', that shall coordinate efforts among
the Federal Government, applicable State governments,
applicable local governments, the Province of Quebec (if the
Province of Quebec elects to participate), and other partners
to develop, adopt, and implement the Plan.
``(2) Implementation.--In implementing the Program, the
Administrator--
``(A) may, with no competitive process, provide
support to the State of Vermont, the State of New York,
and the Foundation; and
``(B) shall coordinate actions of the Environmental
Protection Agency under subparagraph (A) with the
actions of other appropriate Federal agencies.
``(c) Steering Committee.--
``(1) Maintenance.--The Steering Committee shall assist in
carrying out and overseeing the Program and the Plan.
``(2) Membership.--
``(A) In general.--Each of the following shall be a
member of the Steering Committee:
``(i) The highest level official (or a
designee) of each of the following:
``(I) The State environmental
agency of the State of New York.
``(II) The State environmental
agency of the State of Vermont.
``(III) The Ministry for the
Environment of the Province of Quebec,
if that ministry elects to participate.
``(ii) A representative of--
``(I) the State agriculture agency
from each of the States of New York and
Vermont; and
``(II) the Quebec Agricultural
Ministry, if that ministry elects to
participate.
``(iii) The State Historic Preservation
Officer from each of the States of New York and
Vermont, or a designee of that officer.
``(iv) 6 representatives of units of local
government entirely within the Lake Champlain
Basin, of which--
``(I) 2 shall be representatives of
units of local government in the State
of New York;
``(II) 2 shall be representatives
of units of local government in the
State of Vermont; and
``(III) 2 shall be representatives
of units of local government in the
Province of Quebec, if the Province of
Quebec elects to send representatives.
``(v) The chairperson of--
``(I) the Lake Champlain Citizens
Advisory Committee of the State of New
York;
``(II) the Lake Champlain Citizens
Advisory Committee of the State of
Vermont; and
``(III) if the Province of Quebec
elects to participate, the Lake
Champlain Citizens Advisory Committee
of the Province of Quebec.
``(vi) The chairperson of the Technical
Advisory Committee.
``(vii) The chairperson of the Education
and Outreach Committee.
``(viii) The chairperson of the advisory
committee for the Champlain Valley National
Heritage Partnership.
``(ix) A representative from each of--
``(I) the Region 1 office of the
Environmental Protection Agency;
``(II) the Region 2 office of the
Environmental Protection Agency;
``(III) the Region 5 office of the
United States Fish and Wildlife
Service;
``(IV) the Natural Resources
Conservation Service New York State
office;
``(V) the Natural Resources
Conservation Service Vermont State
office;
``(VI) the National Park Service;
and
``(VII) the New York District of
the Corps of Engineers.
``(x) The Director of the Lake Champlain
Sea Grant Institute.
``(xi) A representative of the Great Lakes
Fishery Commission.
``(xii) Such additional members as may be
confirmed by the Steering Committee.
``(B) Chairperson.--The position of chairperson of
the Steering Committee shall regularly rotate among the
members of the Steering Committee described in
subparagraph (A)(i).
``(C) Ratification.--Any actions of the Steering
Committee taken before the date of enactment of the
Lake Champlain Basin Program Reauthorization Act of
2022 are ratified and confirmed.
``(d) Lake Champlain Basin Program Foundation.--
``(1) Establishment.--The Administrator and the Steering
Committee may, in the discretion of the Administrator and by a
vote of the Steering Committee, jointly establish a foundation,
to be known as the `Lake Champlain Basin Foundation', as a
charitable and nonprofit corporation.
``(2) Not an agency.--If established under paragraph (1),
the Foundation shall not be an agency or establishment of the
United States.
``(3) Purposes.--The purposes of the Foundation, if
established under paragraph (1), are--
``(A) to undertake and conduct activities that
support--
``(i) the work of the Program; and
``(ii) the purposes of this section;
``(B) to accept and manage funds of the Foundation
for the implementation of the Plan, including--
``(i) amounts made available to the
Foundation by the Administrator; and
``(ii) amounts made available to Federal
agencies under subsection (i)(2) for transfer
to the Foundation;
``(C) to make subgrants, enter into contracts, and
administer funds of the Foundation to carry out
activities described in subparagraph (A); and
``(D) to participate with, and otherwise assist,
Canada and the Province of Quebec in undertaking and
conducting activities that further the work of the
Program in fulfilling the purposes of this section and
implementing the Plan.
``(4) Board of directors.--
``(A) In general.--If the Foundation is established
under paragraph (1), the Foundation shall be governed
by a board of directors (referred to in this subsection
as the `Board').
``(B) Membership.--Members of the Board shall
include--
``(i) each member of the Steering
Committee, unless the member declines to serve
on the Board; and
``(ii) such additional members as may be
appointed by the Steering Committee.
``(C) Recusal.--Members of the Steering Committee
may recuse themselves from votes on the Board.
``(D) Withdrawal.--Members of the Board, including
members of the Steering Committee that serve as members
of the Board, may withdraw from membership on the
Board.
``(E) Removal.--Members appointed to the Board
under subparagraph (B)(ii) may be removed by the
Steering Committee.
``(5) Powers of the foundation.--Subject to any conditions
imposed on the Foundation by the Steering Committee and subject
to approval by the Board, the Foundation may--
``(A) receive funds, including funds made available
to Federal agencies under subsection (i)(2) for
transfer to the Foundation;
``(B) retain staff;
``(C) issue subgrants;
``(D) enter into contracts;
``(E) own property; and
``(F) serve as fiscal agent for the Program, if
selected to serve as the fiscal agent by the
Administrator.
``(6) Dissolution.--
``(A) In general.--The Administrator and the
Steering Committee may jointly dissolve the Foundation.
``(B) Return of funds.--If the Administrator and
the Steering Committee jointly dissolve the Foundation
under subparagraph (A), during the dissolution process,
the Foundation shall return all unobligated funds to
each Federal agency that provided funds to the
Foundation in a manner that is proportional to the
amount of funds received from that Federal agency.
``(e) Pollution Prevention, Ecosystem Protection and Restoration,
and Climate Change Response Plan.--
``(1) Adoption.--
``(A) In general.--The Steering Committee shall
adopt and publish a comprehensive pollution prevention,
ecosystem protection and restoration, and climate
change response plan for Lake Champlain that protects
and benefits the water quality, fisheries, wetlands,
wildlife, and cultural resources of Lake Champlain and
within the Lake Champlain basin.
``(B) Inclusions.--The Plan shall include
strategies to advance clean water, healthy ecosystems,
thriving communities, and an informed and involved
public in the Lake Champlain Basin with respect to Lake
Champlain.
``(C) Revision.--
``(i) In general.--The Steering Committee
shall update and readopt the Plan not less
frequently than once every 10 years, but may
update and readopt the Plan more frequently as
necessary to implement the Program.
``(ii) Goal.--The Steering Committee shall
have the goal of updating and readopting the
Plan every 5 years.
``(iii) Effect.--A Plan adopted by the
Steering Committee shall remain in effect until
readopted by the Steering Committee pursuant to
clause (i).
``(2) Use of plan.--The Plan shall guide the work of the
Program.
``(f) Grant Assistance.--
``(1) Implementation grants.--
``(A) In general.--The Administrator may, in
consultation with the Steering Committee, make grants
to State, interstate, and regional water pollution
control agencies and public or nonprofit agencies,
institutions, and organizations for the purpose of
implementing the Plan.
``(B) Federal share.--
``(i) In general.--Subject to clause (ii),
the amount of a grant under subparagraph (A)
shall not exceed 75 percent of the cost of the
research, survey, study, or other work to be
carried out using grant funds.
``(ii) Exception.--
``(I) In general.--The
Administrator may, on a case-by-case
basis and in consultation with the
Steering Committee, increase the
Federal share under clause (i) to 85
percent of the costs described in that
clause.
``(II) Requirement.--In carrying
out subclause (I), the Administrator
shall be guided by policy adopted by
the Steering Committee.
``(C) Requirements.--The Administrator may
establish such requirements for the administration of
grants under subparagraph (A) as the Administrator
determines to be appropriate.
``(2) Fiscal agent grants.--
``(A) In general.--The Administrator may award
grants to a qualified entity to serve as a fiscal agent
for purposes of oversight of the Program.
``(B) Assessment.--The Administrator and the
Steering Committee shall--
``(i) as necessary but not less frequently
than once every 10 years, assess the
effectiveness of the fiscal agent for the
purposes described in subparagraph (A); and
``(ii) if appropriate, select a new
qualified entity through a competitive process
to serve as a fiscal agent for the purposes
described in that subparagraph.
``(C) No competitive process.--
``(i) Foundation.--If the Foundation is
established pursuant to subsection (d)(1) and
is selected to serve as fiscal agent by the
Administrator, the Administrator may award the
grants under subparagraph (A) to the Foundation
with no competitive process.
``(ii) Other entities.--If a qualified
entity is selected to serve as a fiscal agent
through a competitive process pursuant to
subparagraph (B)(ii), the Administrator may
award grants under subparagraph (A) to the
qualified entity with no competitive process.
``(g) Great Lakes Fishery Commission.--
``(1) In general.--The Great Lakes Fishery Commission may
undertake, fund, and support work on Lake Champlain, in the
Lake Champlain Basin, and other areas within the Saint Lawrence
River basin in Vermont, including through--
``(A) fisheries and aquatic ecosystem research,
monitoring, restoration, and management;
``(B) sea lamprey control;
``(C) aquatic invasive species prevention and
mitigation;
``(D) public engagement and education; and
``(E) other work to implement the Plan.
``(2) Authorization.--In carrying out paragraph (1), the
Great Lakes Fishery Commission may work with the Program, the
Foundation, Federal and State agencies, institutions of higher
education, nonprofit organizations, units of local government,
and Canadian federal and Quebec provincial authorities.
``(h) Savings Provisions.--
``(1) No effect on certain authority.--Nothing in this
section--
``(A) affects the jurisdiction or powers of--
``(i) any department or agency of the
Federal Government or any State government; or
``(ii) except as provided in subsection
(g), any international organization or entity
related to Lake Champlain created by treaty or
memorandum to which the United States is a
signatory;
``(B) provides new regulatory authority for the
Environmental Protection Agency; or
``(C) affects section 304 of the Great Lakes
Critical Programs Act of 1990 (33 U.S.C. 1270 note;
Public Law 101-596).
``(2) No effect on obligations.--Nothing in this section
affects the obligations of Canada, the Province of Quebec, or
any agencies or representatives of Canada or the Province of
Quebec referenced in this section.
``(i) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Environmental Protection Agency to carry out the Program
$50,000,000 for each of fiscal years 2023 through 2033.
``(2) Foundation.--If the Foundation is established
pursuant to subsection (d)(1), there is authorized to be
appropriated for each fiscal year beginning with the fiscal
year during which the Foundation is established through fiscal
year 2033 for transfer to the Foundation--
``(A) $15,000,000 to the United States Fish and
Wildlife Service;
``(B) $5,000,000 to the Natural Resources
Conservation Service; and
``(C) $5,000,000 to the National Oceanic and
Atmospheric Administration.''.
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