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[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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