I 
117TH CONGRESS 
2D SESSION 
H. R. 8138 
To amend the Federal Water Pollution Control Act to reauthorize and modify 
the Lake Champlain Basin Program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 16, 2022 
Mr. WELCH introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure 
A BILL 
To amend the Federal Water Pollution Control Act to reau-
thorize and modify the Lake Champlain Basin Program, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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: 
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‘‘(1) CHAMPLAIN VALLEY NATIONAL HERITAGE 
PARTNERSHIP.—The term ‘Champlain Valley Na-
tional 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
COM-
MITTEE.— 
‘‘(A) IN GENERAL.—The term ‘Education 
and Outreach Committee’ means a committee 
established by the Steering Committee to pro-
vide objective information and funding rec-
ommendations to the Steering Committee upon 
request to be used in the decisionmaking proc-
ess 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 op-
portunities or issues. 
‘‘(B) INCLUSION.—The term ‘Education 
and Outreach Advisory Committee’ includes a 
committee described in subparagraph (A) estab-
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lished 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 Founda-
tion 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 natu-
rally 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, 
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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, es-
tablished 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 Cham-
plain Citizens Advisory Committee’ includes a 
committee described in subparagraph (A) estab-
lished before the date of enactment of the Lake 
Champlain Basin Program Reauthorization Act 
of 2022. 
‘‘(7) PLAN.—The term ‘Plan’ means the com-
prehensive pollution prevention, ecosystem protection 
and restoration, and climate change response plan 
adopted and published under subsection (e)(1), in-
cluding any revisions to that plan. 
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‘‘(8) PROGRAM.—The term ‘Program’ means 
the Lake Champlain Basin Program established by 
subsection (b)(1). 
‘‘(9) STEERING COMMITTEE.—The term ‘Steer-
ing Committee’ means the Steering Committee es-
tablished 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 estab-
lished by the Steering Committee to provide ob-
jective information and funding recommenda-
tions 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 
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‘‘(ii) research or actions needed to ad-
dress those technical or scientific manage-
ment issues. 
‘‘(B) INCLUSION.—The term ‘Technical 
Advisory Committee’ includes a committee de-
scribed 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 pro-
gram within the Environmental Protection Agency, 
to be known as the ‘Lake Champlain Basin Pro-
gram’, that shall coordinate efforts among the Fed-
eral Government, applicable State governments, ap-
plicable 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 Envi-
ronmental Protection Agency under subpara-
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graph (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 Pro-
gram 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 Envi-
ronment 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. 
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‘‘(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 Citi-
zens Advisory Committee of the State 
of Vermont; and 
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‘‘(III) if the Province of Quebec 
elects to participate, the Lake Cham-
plain Citizens Advisory Committee of 
the Province of Quebec. 
‘‘(vi) The chairperson of the Technical 
Advisory Committee. 
‘‘(vii) The chairperson of the Edu-
cation and Outreach Committee. 
‘‘(viii) The chairperson of the advisory 
committee for the Champlain Valley Na-
tional 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) Region 5 of the United 
States Fish and Wildlife Service; 
‘‘(IV) the Natural Resources 
Conservation Service New York State 
office; 
‘‘(V) the Natural Resources Con-
servation Service Vermont State of-
fice; 
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‘‘(VI) the National Park Service; 
and 
‘‘(VII) the New York District of 
the Corps of Engineers. 
‘‘(x) The Director of the Lake Cham-
plain Sea Grant Institute. 
‘‘(xi) A representative of the Great 
Lakes Fishery Commission. 
‘‘(xii) Such additional members as 
may be confirmed by the Steering Com-
mittee. 
‘‘(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 Pro-
gram Reauthorization Act of 2022 are ratified 
and confirmed. 
‘‘(d) LAKE CHAMPLAIN BASIN PROGRAM FOUNDA-
TION.— 
‘‘(1) ESTABLISHMENT.—The Administrator and 
the Steering Committee may, in the discretion of the 
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Administrator and by a vote of the Steering Com-
mittee, jointly establish a foundation, to be known as 
the ‘Lake Champlain Basin Foundation’, as a chari-
table and nonprofit corporation. 
‘‘(2) NOT
AN
AGENCY.—If established under 
paragraph (1), the Foundation shall not be an agen-
cy or establishment of the United States. 
‘‘(3) PURPOSES.—The purposes of the Founda-
tion, 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 Fed-
eral agencies under subsection (i)(2) for 
transfer to the Foundation; 
‘‘(C) to make subgrants, enter into con-
tracts, and administer funds of the Foundation 
to carry out activities described in subpara-
graph (A); and 
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‘‘(D) to participate with, and otherwise as-
sist, Canada and the Province of Quebec in un-
dertaking and conducting activities that further 
the work of the Program in fulfilling the pur-
poses of this section and implementing the 
Plan. 
‘‘(4) BOARD OF DIRECTORS.— 
‘‘(A) IN GENERAL.—If the Foundation is 
established under paragraph (1), the Founda-
tion 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 Com-
mittee that serve as members of the Board, 
may withdraw from membership on the Board. 
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‘‘(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 dis-
solve the Foundation. 
‘‘(B) RETURN OF FUNDS.—If the Adminis-
trator and the Steering Committee jointly dis-
solve the Foundation under subparagraph (A), 
during the dissolution process, the Foundation 
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shall return all unobligated funds to each Fed-
eral agency that provided funds to the Founda-
tion in a manner that is proportional to the 
amount of funds received from that Federal 
agency. 
‘‘(e) POLLUTION PREVENTION, ECOSYSTEM PROTEC-
TION AND RESTORATION, AND CLIMATE CHANGE RE-
SPONSE PLAN.— 
‘‘(1) ADOPTION.— 
‘‘(A) IN
GENERAL.—The Steering Com-
mittee 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 eco-
systems, 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 
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Plan not less frequently than once every 10 
years, but may update and readopt the 
Plan more frequently as necessary to im-
plement the Program. 
‘‘(ii) GOAL.—The Steering Committee 
shall have the goal of updating and re-
adopting the Plan every 5 years. 
‘‘(iii) EFFECT.—A Plan adopted by 
the Steering Committee shall remain in ef-
fect until readopted by the Steering Com-
mittee 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 Com-
mittee, make grants to State, interstate, and re-
gional water pollution control agencies and pub-
lic or nonprofit agencies, institutions, and orga-
nizations for the purpose of implementing the 
Plan. 
‘‘(B) FEDERAL SHARE.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), the amount of a grant under subpara-
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graph (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 Admin-
istrator 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 car-
rying out subclause (I), the Adminis-
trator shall be guided by policy adopt-
ed by the Steering Committee. 
‘‘(C) REQUIREMENTS.—The Administrator 
may establish such requirements for the admin-
istration 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. 
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‘‘(B) ASSESSMENT.—The Administrator 
and the Steering Committee shall— 
‘‘(i) as necessary but not less fre-
quently 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 quali-
fied entity through a competitive process to 
serve as a fiscal agent for the purposes de-
scribed in that subparagraph. 
‘‘(C) NO COMPETITIVE PROCESS.— 
‘‘(i) FOUNDATION.—If the Founda-
tion is established pursuant to subsection 
(d)(1) and is selected to serve as fiscal 
agent by the Administrator, the Adminis-
trator may award the grants under sub-
paragraph (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) 
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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 re-
search, monitoring, restoration, and manage-
ment; 
‘‘(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 para-
graph (1), the Great Lakes Fishery Commission 
may work with the Program, the Foundation, Fed-
eral and State agencies, institutions of higher edu-
cation, nonprofit organizations, units of local govern-
ment, and Canadian federal and Quebec provincial 
authorities. 
‘‘(h) SAVINGS PROVISIONS.— 
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‘‘(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 govern-
ment; or 
‘‘(ii) except as provided in subsection 
(g), any international organization or enti-
ty 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 representa-
tives of Canada or the Province of Quebec ref-
erenced in this section. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to the Environmental Protection Agen-
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cy to carry out the Program $50,000,000 for each 
of fiscal years 2023 through 2033. 
‘‘(2) FOUNDATION.—If the Foundation is es-
tablished pursuant to subsection (d)(1), there is au-
thorized to be appropriated for each fiscal year be-
ginning with the fiscal year during which the Foun-
dation 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.’’. 
Æ 
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