II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lake Champlain Basin 

5 Program Reauthorization Act of 2022’’. 

6 SEC. 2. LAKE CHAMPLAIN BASIN PROGRAM. 

7 Section 120 of the Federal Water Pollution Control 

8 Act (33 U.S.C. 1270) is amended to read as follows: 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 4415 IS

1 ‘‘SEC. 120. LAKE CHAMPLAIN BASIN PROGRAM. 

2 ‘‘(a) DEFINITIONS.—In this section: 

3 ‘‘(1) CHAMPLAIN VALLEY NATIONAL HERITAGE

4 PARTNERSHIP.—The term ‘Champlain Valley Na5 tional Heritage Partnership’ means the Champlain 

6 Valley National Heritage Partnership established by 

7 section 284(a) of the Champlain Valley National 

8 Heritage Partnership Act of 2006 (54 U.S.C. 

9 320101 note; Public Law 109–338). 

10 ‘‘(2) EDUCATION AND OUTREACH COM11 MITTEE.— 

12 ‘‘(A) IN GENERAL.—The term ‘Education 

13 and Outreach Committee’ means a committee 

14 established by the Steering Committee to pro15 vide objective information and funding rec16 ommendations to the Steering Committee upon 

17 request to be used in the decisionmaking proc18 ess of the Steering Committee, including— 

19 ‘‘(i) funding recommendations relating 

20 to educational and outreach opportunities 

21 and issues; and 

22 ‘‘(ii) programmatic actions needed to 

23 address those educational or outreach op24 portunities or issues. 

25 ‘‘(B) INCLUSION.—The term ‘Education 

26 and Outreach Advisory Committee’ includes a 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 4415 IS

1 committee described in subparagraph (A) estab2 lished before the date of enactment of the Lake 

3 Champlain Basin Program Reauthorization Act 

4 of 2022. 

5 ‘‘(3) FISCAL AGENT.—The term ‘fiscal agent’ 

6 means an organization that is responsible for fiscal 

7 and administrative management of the Program 

8 under the direction of the Steering Committee and 

9 the Administrator. 

10 ‘‘(4) FOUNDATION.—The term ‘Foundation’ 

11 means the Lake Champlain Basin Program Founda12 tion that may be established pursuant to subsection 

13 (d)(1). 

14 ‘‘(5) LAKE CHAMPLAIN BASIN.—The term 

15 ‘Lake Champlain Basin’ means Lake Champlain and 

16 the natural watershed of Lake Champlain, including 

17 all land, streams, rivers, lakes, and other bodies of 

18 water in the United States and Canada that natu19 rally drain into Lake Champlain, including all or a 

20 portion of— 

21 ‘‘(A) the counties of Clinton, Franklin, 

22 Warren, Essex, and Washington in the State of 

23 New York; and 

24 ‘‘(B) the counties of Franklin, Grand Isle, 

25 Chittenden, Addison, Rutland, Bennington, 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 4415 IS

1 Lamoille, Orange, Washington, Orleans, and 

2 Caledonia in the State of Vermont. 

3 ‘‘(6) LAKE CHAMPLAIN CITIZENS ADVISORY

4 COMMITTEE.— 

5 ‘‘(A) IN GENERAL.—The term ‘Lake 

6 Champlain Citizens Advisory Committee’ means 

7 a committee in the State of Vermont, the State 

8 of New York, and, if the Province of Quebec 

9 elects to participate, the Province of Quebec, es10 tablished by the Governor or executive officer of 

11 the State or province, as applicable, to advise 

12 on the protection and restoration of Lake 

13 Champlain. 

14 ‘‘(B) INCLUSION.—The term ‘Lake Cham15 plain Citizens Advisory Committee’ includes a 

16 committee described in subparagraph (A) estab17 lished before the date of enactment of the Lake 

18 Champlain Basin Program Reauthorization Act 

19 of 2022. 

20 ‘‘(7) PLAN.—The term ‘Plan’ means the com21 prehensive pollution prevention, ecosystem protection 

22 and restoration, and climate change response plan 

23 adopted and published under subsection (e)(1), in24 cluding any revisions to that plan. 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 4415 IS

1 ‘‘(8) PROGRAM.—The term ‘Program’ means 

2 the Lake Champlain Basin Program established by 

3 subsection (b)(1). 

4 ‘‘(9) STEERING COMMITTEE.—The term ‘Steer5 ing Committee’ means the Steering Committee es6 tablished and maintained under the most recent 

7 Memorandum of Understanding on Environmental 

8 Cooperation on the Management of Lake Champlain 

9 entered into between the State of New York, the 

10 State of Vermont, and, if the Province of Quebec 

11 elects to participate, the Province of Quebec, as 

12 modified pursuant to this section. 

13 ‘‘(10) TECHNICAL ADVISORY COMMITTEE.— 

14 ‘‘(A) IN GENERAL.—The term ‘Technical 

15 Advisory Committee’ means a committee estab16 lished by the Steering Committee to provide ob17 jective information and funding recommenda18 tions to the Steering Committee upon request 

19 to be used in the decisionmaking process of the 

20 Steering Committee, including— 

21 ‘‘(i) funding recommendations relating 

22 to technical and scientific management 

23 issues; and 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 4415 IS

1 ‘‘(ii) research or actions needed to ad2 dress those technical or scientific manage3 ment issues. 

4 ‘‘(B) INCLUSION.—The term ‘Technical 

5 Advisory Committee’ includes a committee de6 scribed in subparagraph (A) established before 

7 the date of enactment of the Lake Champlain 

8 Basin Program Reauthorization Act of 2022. 

9 ‘‘(b) ESTABLISHMENT.— 

10 ‘‘(1) IN GENERAL.—There is established a pro11 gram within the Environmental Protection Agency, 

12 to be known as the ‘Lake Champlain Basin Pro13 gram’, that shall coordinate efforts among the Fed14 eral Government, applicable State governments, ap15 plicable local governments, the Province of Quebec 

16 (if the Province of Quebec elects to participate), and 

17 other partners to develop, adopt, and implement the 

18 Plan. 

19 ‘‘(2) IMPLEMENTATION.—In implementing the 

20 Program, the Administrator— 

21 ‘‘(A) may, with no competitive process, 

22 provide support to the State of Vermont, the 

23 State of New York, and the Foundation; and 

24 ‘‘(B) shall coordinate actions of the Envi25 ronmental Protection Agency under subparaVerDate Sep 11 2014 16:35 Jun 21, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4415.IS S4415

pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 4415 IS

1 graph (A) with the actions of other appropriate 

2 Federal agencies. 

3 ‘‘(c) STEERING COMMITTEE.— 

4 ‘‘(1) MAINTENANCE.—The Steering Committee 

5 shall assist in carrying out and overseeing the Pro6 gram and the Plan. 

7 ‘‘(2) MEMBERSHIP.— 

8 ‘‘(A) IN GENERAL.—Each of the following 

9 shall be a member of the Steering Committee: 

10 ‘‘(i) The highest level official (or a 

11 designee) of each of the following: 

12 ‘‘(I) The State environmental 

13 agency of the State of New York. 

14 ‘‘(II) The State environmental 

15 agency of the State of Vermont. 

16 ‘‘(III) The Ministry for the Envi17 ronment of the Province of Quebec, if 

18 that ministry elects to participate. 

19 ‘‘(ii) A representative of— 

20 ‘‘(I) the State agriculture agency 

21 from each of the States of New York 

22 and Vermont; and 

23 ‘‘(II) the Quebec Agricultural 

24 Ministry, if that ministry elects to 

25 participate. 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 4415 IS

1 ‘‘(iii) The State Historic Preservation 

2 Officer from each of the States of New 

3 York and Vermont, or a designee of that 

4 officer. 

5 ‘‘(iv) 6 representatives of units of 

6 local government entirely within the Lake 

7 Champlain Basin, of which— 

8 ‘‘(I) 2 shall be representatives of 

9 units of local government in the State 

10 of New York; 

11 ‘‘(II) 2 shall be representatives of 

12 units of local government in the State 

13 of Vermont; and 

14 ‘‘(III) 2 shall be representatives 

15 of units of local government in the 

16 Province of Quebec, if the Province of 

17 Quebec elects to send representatives. 

18 ‘‘(v) The chairperson of— 

19 ‘‘(I) the Lake Champlain Citizens 

20 Advisory Committee of the State of 

21 New York; 

22 ‘‘(II) the Lake Champlain Citi23 zens Advisory Committee of the State 

24 of Vermont; and 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 4415 IS

1 ‘‘(III) if the Province of Quebec 

2 elects to participate, the Lake Cham3 plain Citizens Advisory Committee of 

4 the Province of Quebec. 

5 ‘‘(vi) The chairperson of the Technical 

6 Advisory Committee. 

7 ‘‘(vii) The chairperson of the Edu8 cation and Outreach Committee. 

9 ‘‘(viii) The chairperson of the advisory 

10 committee for the Champlain Valley Na11 tional Heritage Partnership. 

12 ‘‘(ix) A representative from each of— 

13 ‘‘(I) the Region 1 office of the 

14 Environmental Protection Agency; 

15 ‘‘(II) the Region 2 office of the 

16 Environmental Protection Agency; 

17 ‘‘(III) the Region 5 office of the 

18 United States Fish and Wildlife Serv19 ice; 

20 ‘‘(IV) the Natural Resources 

21 Conservation Service New York State 

22 office; 

23 ‘‘(V) the Natural Resources Con24 servation Service Vermont State of25 fice; 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 4415 IS

1 ‘‘(VI) the National Park Service; 

2 and 

3 ‘‘(VII) the New York District of 

4 the Corps of Engineers. 

5 ‘‘(x) The Director of the Lake Cham6 plain Sea Grant Institute. 

7 ‘‘(xi) A representative of the Great 

8 Lakes Fishery Commission. 

9 ‘‘(xii) Such additional members as 

10 may be confirmed by the Steering Com11 mittee. 

12 ‘‘(B) CHAIRPERSON.—The position of 

13 chairperson of the Steering Committee shall 

14 regularly rotate among the members of the 

15 Steering Committee described in subparagraph 

16 (A)(i). 

17 ‘‘(C) RATIFICATION.—Any actions of the 

18 Steering Committee taken before the date of 

19 enactment of the Lake Champlain Basin Pro20 gram Reauthorization Act of 2022 are ratified 

21 and confirmed. 

22 ‘‘(d) LAKE CHAMPLAIN BASIN PROGRAM FOUNDA23 TION.— 

24 ‘‘(1) ESTABLISHMENT.—The Administrator and 

25 the Steering Committee may, in the discretion of the 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 4415 IS

1 Administrator and by a vote of the Steering Com2 mittee, jointly establish a foundation, to be known as 

3 the ‘Lake Champlain Basin Foundation’, as a chari4 table and nonprofit corporation. 

5 ‘‘(2) NOT AN AGENCY.—If established under 

6 paragraph (1), the Foundation shall not be an agen7 cy or establishment of the United States. 

8 ‘‘(3) PURPOSES.—The purposes of the Founda9 tion, if established under paragraph (1), are— 

10 ‘‘(A) to undertake and conduct activities 

11 that support— 

12 ‘‘(i) the work of the Program; and 

13 ‘‘(ii) the purposes of this section; 

14 ‘‘(B) to accept and manage funds of the 

15 Foundation for the implementation of the Plan, 

16 including— 

17 ‘‘(i) amounts made available to the 

18 Foundation by the Administrator; and 

19 ‘‘(ii) amounts made available to Fed20 eral agencies under subsection (i)(2) for 

21 transfer to the Foundation; 

22 ‘‘(C) to make subgrants, enter into con23 tracts, and administer funds of the Foundation 

24 to carry out activities described in subpara25 graph (A); and 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•S 4415 IS

1 ‘‘(D) to participate with, and otherwise as2 sist, Canada and the Province of Quebec in un3 dertaking and conducting activities that further 

4 the work of the Program in fulfilling the pur5 poses of this section and implementing the 

6 Plan. 

7 ‘‘(4) BOARD OF DIRECTORS.— 

8 ‘‘(A) IN GENERAL.—If the Foundation is 

9 established under paragraph (1), the Founda10 tion shall be governed by a board of directors 

11 (referred to in this subsection as the ‘Board’). 

12 ‘‘(B) MEMBERSHIP.—Members of the 

13 Board shall include— 

14 ‘‘(i) each member of the Steering 

15 Committee, unless the member declines to 

16 serve on the Board; and 

17 ‘‘(ii) such additional members as may 

18 be appointed by the Steering Committee. 

19 ‘‘(C) RECUSAL.—Members of the Steering 

20 Committee may recuse themselves from votes 

21 on the Board. 

22 ‘‘(D) WITHDRAWAL.—Members of the 

23 Board, including members of the Steering Com24 mittee that serve as members of the Board, 

25 may withdraw from membership on the Board. 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•S 4415 IS

1 ‘‘(E) REMOVAL.—Members appointed to 

2 the Board under subparagraph (B)(ii) may be 

3 removed by the Steering Committee. 

4 ‘‘(5) POWERS OF THE FOUNDATION.—Subject 

5 to any conditions imposed on the Foundation by the 

6 Steering Committee and subject to approval by the 

7 Board, the Foundation may— 

8 ‘‘(A) receive funds, including funds made 

9 available to Federal agencies under subsection 

10 (i)(2) for transfer to the Foundation; 

11 ‘‘(B) retain staff; 

12 ‘‘(C) issue subgrants; 

13 ‘‘(D) enter into contracts; 

14 ‘‘(E) own property; and 

15 ‘‘(F) serve as fiscal agent for the Program, 

16 if selected to serve as the fiscal agent by the 

17 Administrator. 

18 ‘‘(6) DISSOLUTION.— 

19 ‘‘(A) IN GENERAL.—The Administrator 

20 and the Steering Committee may jointly dis21 solve the Foundation. 

22 ‘‘(B) RETURN OF FUNDS.—If the Adminis23 trator and the Steering Committee jointly dis24 solve the Foundation under subparagraph (A), 

25 during the dissolution process, the Foundation 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•S 4415 IS

1 shall return all unobligated funds to each Fed2 eral agency that provided funds to the Founda3 tion in a manner that is proportional to the 

4 amount of funds received from that Federal 

5 agency. 

6 ‘‘(e) POLLUTION PREVENTION, ECOSYSTEM PROTEC7 TION AND RESTORATION, AND CLIMATE CHANGE RE8 SPONSE PLAN.— 

9 ‘‘(1) ADOPTION.— 

10 ‘‘(A) IN GENERAL.—The Steering Com11 mittee shall adopt and publish a comprehensive 

12 pollution prevention, ecosystem protection and 

13 restoration, and climate change response plan 

14 for Lake Champlain that protects and benefits 

15 the water quality, fisheries, wetlands, wildlife, 

16 and cultural resources of Lake Champlain and 

17 within the Lake Champlain basin. 

18 ‘‘(B) INCLUSIONS.—The Plan shall include 

19 strategies to advance clean water, healthy eco20 systems, thriving communities, and an informed 

21 and involved public in the Lake Champlain 

22 Basin with respect to Lake Champlain. 

23 ‘‘(C) REVISION.— 

24 ‘‘(i) IN GENERAL.—The Steering 

25 Committee shall update and readopt the 


pamtmann on DSKBC07HB2PROD with BILLS
15 

•S 4415 IS

1 Plan not less frequently than once every 10 

2 years, but may update and readopt the 

3 Plan more frequently as necessary to im4 plement the Program. 

5 ‘‘(ii) GOAL.—The Steering Committee 

6 shall have the goal of updating and re7 adopting the Plan every 5 years. 

8 ‘‘(iii) EFFECT.—A Plan adopted by 

9 the Steering Committee shall remain in ef10 fect until readopted by the Steering Com11 mittee pursuant to clause (i). 

12 ‘‘(2) USE OF PLAN.—The Plan shall guide the 

13 work of the Program. 

14 ‘‘(f) GRANT ASSISTANCE.— 

15 ‘‘(1) IMPLEMENTATION GRANTS.— 

16 ‘‘(A) IN GENERAL.—The Administrator 

17 may, in consultation with the Steering Com18 mittee, make grants to State, interstate, and re19 gional water pollution control agencies and pub20 lic or nonprofit agencies, institutions, and orga21 nizations for the purpose of implementing the 

22 Plan. 

23 ‘‘(B) FEDERAL SHARE.— 

24 ‘‘(i) IN GENERAL.—Subject to clause 

25 (ii), the amount of a grant under subparaVerDate Sep 11 2014 16:35 Jun 21, 2022 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S4415.IS S4415

pamtmann on DSKBC07HB2PROD with BILLS
16 

•S 4415 IS

1 graph (A) shall not exceed 75 percent of 

2 the cost of the research, survey, study, or 

3 other work to be carried out using grant 

4 funds. 

5 ‘‘(ii) EXCEPTION.— 

6 ‘‘(I) IN GENERAL.—The Admin7 istrator may, on a case-by-case basis 

8 and in consultation with the Steering 

9 Committee, increase the Federal share 

10 under clause (i) to 85 percent of the 

11 costs described in that clause. 

12 ‘‘(II) REQUIREMENT.—In car13 rying out subclause (I), the Adminis14 trator shall be guided by policy adopt15 ed by the Steering Committee. 

16 ‘‘(C) REQUIREMENTS.—The Administrator 

17 may establish such requirements for the admin18 istration of grants under subparagraph (A) as 

19 the Administrator determines to be appropriate. 

20 ‘‘(2) FISCAL AGENT GRANTS.— 

21 ‘‘(A) IN GENERAL.—The Administrator 

22 may award grants to a qualified entity to serve 

23 as a fiscal agent for purposes of oversight of 

24 the Program. 


pamtmann on DSKBC07HB2PROD with BILLS
17 

•S 4415 IS

1 ‘‘(B) ASSESSMENT.—The Administrator 

2 and the Steering Committee shall— 

3 ‘‘(i) as necessary but not less fre4 quently than once every 10 years, assess 

5 the effectiveness of the fiscal agent for the 

6 purposes described in subparagraph (A); 

7 and 

8 ‘‘(ii) if appropriate, select a new quali9 fied entity through a competitive process to 

10 serve as a fiscal agent for the purposes de11 scribed in that subparagraph. 

12 ‘‘(C) NO COMPETITIVE PROCESS.— 

13 ‘‘(i) FOUNDATION.—If the Founda14 tion is established pursuant to subsection 

15 (d)(1) and is selected to serve as fiscal 

16 agent by the Administrator, the Adminis17 trator may award the grants under sub18 paragraph (A) to the Foundation with no 

19 competitive process. 

20 ‘‘(ii) OTHER ENTITIES.—If a qualified 

21 entity is selected to serve as a fiscal agent 

22 through a competitive process pursuant to 

23 subparagraph (B)(ii), the Administrator 

24 may award grants under subparagraph (A) 


pamtmann on DSKBC07HB2PROD with BILLS
18 

•S 4415 IS

1 to the qualified entity with no competitive 

2 process. 

3 ‘‘(g) GREAT LAKES FISHERY COMMISSION.— 

4 ‘‘(1) IN GENERAL.—The Great Lakes Fishery 

5 Commission may undertake, fund, and support work 

6 on Lake Champlain, in the Lake Champlain Basin, 

7 and other areas within the Saint Lawrence River 

8 basin in Vermont, including through— 

9 ‘‘(A) fisheries and aquatic ecosystem re10 search, monitoring, restoration, and manage11 ment; 

12 ‘‘(B) sea lamprey control; 

13 ‘‘(C) aquatic invasive species prevention 

14 and mitigation; 

15 ‘‘(D) public engagement and education; 

16 and 

17 ‘‘(E) other work to implement the Plan. 

18 ‘‘(2) AUTHORIZATION.—In carrying out para19 graph (1), the Great Lakes Fishery Commission 

20 may work with the Program, the Foundation, Fed21 eral and State agencies, institutions of higher edu22 cation, nonprofit organizations, units of local govern23 ment, and Canadian federal and Quebec provincial 

24 authorities. 

25 ‘‘(h) SAVINGS PROVISIONS.— 


pamtmann on DSKBC07HB2PROD with BILLS
19 

•S 4415 IS

1 ‘‘(1) NO EFFECT ON CERTAIN AUTHORITY.— 

2 Nothing in this section— 

3 ‘‘(A) affects the jurisdiction or powers of— 

4 ‘‘(i) any department or agency of the 

5 Federal Government or any State govern6 ment; or 

7 ‘‘(ii) except as provided in subsection 

8 (g), any international organization or enti9 ty related to Lake Champlain created by 

10 treaty or memorandum to which the 

11 United States is a signatory; 

12 ‘‘(B) provides new regulatory authority for 

13 the Environmental Protection Agency; or 

14 ‘‘(C) affects section 304 of the Great 

15 Lakes Critical Programs Act of 1990 (33 

16 U.S.C. 1270 note; Public Law 101–596). 

17 ‘‘(2) NO EFFECT ON OBLIGATIONS.—Nothing in 

18 this section affects the obligations of Canada, the 

19 Province of Quebec, or any agencies or representa20 tives of Canada or the Province of Quebec ref21 erenced in this section. 

22 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— 

23 ‘‘(1) IN GENERAL.—There is authorized to be 

24 appropriated to the Environmental Protection AgenVerDate Sep 11 2014 16:35 Jun 21, 2022 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S4415.IS S4415

pamtmann on DSKBC07HB2PROD with BILLS
20 

•S 4415 IS

1 cy to carry out the Program $50,000,000 for each 

2 of fiscal years 2023 through 2033. 

3 ‘‘(2) FOUNDATION.—If the Foundation is es4 tablished pursuant to subsection (d)(1), there is au5 thorized to be appropriated for each fiscal year be6 ginning with the fiscal year during which the Foun7 dation is established through fiscal year 2033 for 

8 transfer to the Foundation— 

9 ‘‘(A) $15,000,000 to the United States 

10 Fish and Wildlife Service; 

11 ‘‘(B) $5,000,000 to the Natural Resources 

12 Conservation Service; and 

13 ‘‘(C) $5,000,000 to the National Oceanic 

14 and Atmospheric Administration.’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS