II 117th CONGRESS 2d Session S. 4415 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. Short title This Act may be cited as the Lake Champlain Basin Program Reauthorization Act of 2022 . 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: 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. .