Lake Champlain Basin Program Reauthorization Act of 2024

Bill: 118-s-4742
Sponsor: full_name: Sen. Welch, Peter [D-VT]
Introduced: 2024-07-23
Policy area: Environmental Protection
Latest action: action_date: 2024-07-23
text: Read twice and referred to the Committee on Environment and Public Works.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 4742 IN THE SENATE OF THE UNITED STATES July 23, 2024 Mr. Welch (for himself, Mrs. Gillibrand , Mr. Sanders , and Mr. Schumer ) 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 establish the Patrick Leahy Lake Champlain Basin Program Foundation, and for other purposes.

1. Short title This Act may be cited as the Lake Champlain Basin Program Reauthorization Act of 2024 . 2. Patrick Leahy Lake Champlain Basin Program Foundation Section 120 of the Federal Water Pollution Control Act ( 33 U.S.C. 1270 ) is amended to read as follows: 120. Patrick Leahy Lake Champlain Basin Program Foundation (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 decision making 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) Treatment of existing committees 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 2024 . (3) Executive Director The term Executive Director means the Executive Director of the Foundation appointed under subsection (c)(5). (4) Fiscal agent The term fiscal agent means an organization that is responsible for fiscal and administrative management of the Foundation under the direction of the Steering Committee, the Executive Director, and the Administrator. (5) Foundation The term Foundation means the Patrick Leahy Lake Champlain Basin Program Foundation established by subsection (c)(1)(A). (6) 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. (7) 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) Treatment of existing committees 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 2024 . (8) Plan The term Plan means the comprehensive pollution prevention, ecosystem protection and restoration, and climate change response plan adopted and published under subsection (d), including any revisions to that plan. (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) Treatment of existing committees 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 2024 . (b) Steering committee membership (1) In general Each of the following shall be a member of the Steering Committee: (A) The highest level official (or a designee of that official) 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. (B) A representative of— (i) the State agriculture agency of the State of New York; (ii) the State agriculture agency of the State of Vermont; and (iii) the Quebec Agricultural Ministry, if that ministry elects to participate. (C) The State Historic Preservation Officer (or a designee of that officer) from each of the States of New York and Vermont. (D) 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. (E) 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) the Lake Champlain Citizens Advisory Committee of the Province of Quebec, if the Province of Quebec elects to participate. (F) The chairperson of the Technical Advisory Committee. (G) The chairperson of the Education and Outreach Committee. (H) The chairperson of the advisory committee for the Champlain Valley National Heritage Partnership. (I) 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. (J) The Director of the Lake Champlain Sea Grant Institute. (K) A representative of the Great Lakes Fishery Commission. (L) Such additional members as may be confirmed by the Steering Committee. (2) Chairperson The position of chairperson of the Steering Committee shall regularly rotate among the members of the Steering Committee described in paragraph (1)(A). (3) Ratification Any actions of the Steering Committee taken before the date of enactment of the Lake Champlain Basin Program Reauthorization Act of 2024 are ratified and confirmed. (c) Patrick Leahy Lake Champlain Basin Program Foundation (1) Establishment (A) In general There is established a foundation, to be known as the Patrick Leahy Lake Champlain Basin Program Foundation , as a charitable and nonprofit corporation. (B) Rights and obligations The Foundation— (i) shall have perpetual succession; (ii) may conduct business throughout the Lake Champlain Basin; and (iii) shall, at all times, maintain a designated agent authorized to accept service of process for the Foundation. (C) Service of process The serving of notice to, or service of process on, the agent required under subparagraph (B)(iii), or mailed to the business address of that agent, shall be deemed as service on or notice to the Foundation. (D) Principal office The principal office of the Foundation shall be located in 1 of the following counties: (i) The county of Franklin, Grand Isle, Chittenden, Addison, Rutland, Bennington, Lamoille, Orange, Washington, Orleans, or Caledonia in the State of Vermont. (ii) The county of Clinton, Franklin, Warren, Essex, or Washington in the State of New York. (2) Not an agency or establishment The Foundation shall not be an agency or establishment of the United States. (3) Purposes The purposes of the Foundation are— (A) to undertake and conduct activities that support— (i) the implementation and furtherance of the Plan, including work to support the goals, objectives, and strategies identified in the Plan; 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 under subsection (i) for transfer to the Foundation; (ii) amounts given, devised, or bequeathed by private organizations or persons; and (iii) such other amounts as may be made available to the Foundation; (C) to make grants and subgrants, enter into contracts and cooperative agreements, and administer funds of the Foundation to carry out activities described in subparagraph (A); (D) to assist and coordinate efforts among the Federal Government, the government of the State of New York, the government of the State of Vermont, local governments, and other partners to adopt and implement the Plan; and (E) to participate with, and otherwise assist, Canada and the Province of Quebec in undertaking and conducting activities that further the work of the Foundation in fulfilling the purposes of this section and implementing the Plan. (4) Board of Directors (A) In general The Foundation shall be governed by a Board of Directors (referred to in this subsection as the Board ), the members of which shall be appointed by the Steering Committee. (B) Dual membership authorized Members of the Steering Committee may simultaneously serve as members of the Board. (C) Recusal Members of the Board, including members of the Steering Committee in their capacity as members of the Board, 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, including members of the Steering Committee that are simultaneously serving as members of the Board, may be removed by the Steering Committee. (F) Not Federal employees Membership on the Board shall not constitute employment by, or the holding of an office of, the United States for the purpose of any Federal law. (5) Executive Director The Foundation shall have an Executive Director, who shall— (A) serve as the chief executive officer of the Foundation; and (B) be appointed by, and serve at the direction of, the Board. (6) Powers of the Foundation (A) In general Subject to any conditions imposed on the Foundation by the Steering Committee and subject to approval by the Board, the Foundation shall have, in addition to the powers otherwise granted the Foundation under this section, the usual powers of a corporation acting as a trustee in the State in which the principal office of the Foundation is located, and may— (i) receive funds, including funds made available to the Environmental Protection Agency under subsection (i) for transfer to the Foundation; (ii) accept, receive, hold, administer, and use any gift, devise, or bequest, absolutely or in trust, of real or personal property or any income from that property or other interest; (iii) deposit any funds provided to the Foundation by the Federal Government at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation; (iv) make use of any interest or other income that accrues as a consequence of actions taken under clause (iii) or (vi) to carry out the purposes of the Foundation; (v) use Federal funds to make payments under cooperative agreements entered into with willing private landowners to provide substantial long-term benefits for the restoration of fish, wildlife, plants, and other natural resources on private land within the Lake Champlain Basin; (vi) sell, donate, lease, retain, or otherwise dispose of any property or income from that property, unless otherwise required by the instrument of transfer; (vii) hire and retain staff; (viii) issue grants and subgrants; (ix) enter into contracts or other arrangements with public agencies and private organizations and persons; (x) sue and be sued, and complain and defend itself in any court of competent jurisdiction, except that members of the Board shall not be personally liable, except for gross negligence; (xi) receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that those amounts are received or administered for purposes that further the implementation of the Plan or the conservation and management of fish, wildlife, plants, and other natural resources within the Lake Champlain Basin; (xii) acquire, by purchase or exchange, and own real or personal property, or an interest therein; (xiii) serve as its own fiscal agent, if selected to serve as the fiscal agent by the Administrator, the Executive Director, and the Steering Committee under subsection (e); and (xiv) do any and all acts necessary to carry out the purposes of the Foundation. (B) Treatment of real property (i) In general For purposes of this subsection, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by or for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. (ii) Encumbered real property A gift, devise, or bequest that is encumbered, restricted, or subject to beneficial interests of private persons may be accepted by the Foundation if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation. (iii) Savings clause The acceptance and administration of amounts by the Foundation under subparagraph (A)(xi) does not alter, supersede, or limit any regulatory or statutory requirement associated with those amounts. (7) 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 or unexpended 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. (8) United States release from liability The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation, nor shall the full faith and credit of the United States extend to any obligation of the Foundation. (d) 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) Public engagement Prior to the final adoption and publication of the Plan, the Administrator, in cooperation with the Steering Committee, shall provide for public review and comment on the draft Plan, including, at a minimum, 1 public meeting in each of the States of New York and Vermont to hear comments on the draft Plan. (C) Approval Not earlier than 120 days after the date on which the Plan is published under subparagraph (A), the Administrator shall approve the Plan if— (i) the Plan meets the requirements of this subsection; and (ii) the Governors of the States of New York and Vermont concur that the Plan meets the requirements of this subsection. (D) Effect of approval On approval of the Plan by the Administrator under subparagraph (C), the Plan shall be deemed to be— (i) an approved management program for purposes of section 319(h); and (ii) an approved comprehensive conservation and management plan pursuant to section 320. (E) Effect of prior plan Any comprehensive pollution prevention, control, and restoration plan approved by the Administrator and published before the date of enactment of the Lake Champlain Basin Program Reauthorization Act of 2024 shall remain in effect and be considered the Plan under this subsection until the Plan is adopted pursuant to subparagraph (A). (2) Inclusions The Plan shall— (A) include strategies to advance, with respect to Lake Champlain— (i) clean water; (ii) healthy ecosystems; (iii) thriving communities; and (iv) an informed and involved public in the Lake Champlain Basin; (B) identify corrective actions addressing point and nonpoint sources of pollution that are necessary to restore and maintain the chemical, physical, and biological integrity of water quality, a balanced, indigenous population of shellfish, fish, and wildlife, and recreational and economic activities in and on Lake Champlain; (C) identify— (i) the potential impacts of climate change on the water quality, ecosystems, indigenous flora and fauna, recreation, and economic activities in and on Lake Champlain; and (ii) strategies to mitigate and promote resilience against the impacts identified under clause (i); (D) include a strategy for pollution prevention and control that includes the promotion of pollution prevention and management practices to reduce the amount of pollution generated in the Lake Champlain Basin; (E) incorporate environmental management concepts and programs in State and Federal plans and programs in effect during the period in which the Plan is developed and adopted; and (F) describe the methods and schedules for the funding of programs, activities, and projects identified in the Plan, including the use of Federal funds and other sources of funding. (3) Revision (A) In general The Steering Committee shall, as necessary but not less frequently than once every 5 years, review, revise, and readopt the Plan. (B) Effect A Plan adopted by the Steering Committee shall remain in effect until readopted by the Steering Committee pursuant to subparagraph (A). (4) Use of plan The Plan shall guide the work of the Foundation. (e) Fiscal agent (1) In general The Steering Committee, the Executive Director, and the Administrator shall jointly select a qualified entity to serve as the fiscal agent of the Foundation, which may include selecting the Foundation as the fiscal agent of the Foundation. (2) Assessment (A) In general Beginning as soon as practicable after the date of enactment of the Lake Champlain Basin Program Reauthorization Act of 2024 , and as necessary but not less frequently than once every 10 years thereafter, the Steering Committee, the Executive Director, and the Administrator shall jointly assess the effectiveness of the fiscal agent and, if appropriate, select a new qualified entity through a competitive process to serve as the fiscal agent. (B) No competitive process On selection of a fiscal agent, the Administrator may award funding to the fiscal agent without competition until such time as a new fiscal agent is selected. (C) Transfer of funds If the Steering Committee, the Executive Director, and the Administrator jointly select a new fiscal agent under subparagraph (A), the qualified entity that had served as fiscal agent shall transfer to the new fiscal agent all unobligated or unexpended funds awarded to the former fiscal agent under subparagraph (B). (f) Grant assistance (1) In general The Administrator, in consultation with the Steering Committee and the Executive Director— (A) shall make grants to the State of New York, the State of Vermont, and the fiscal agent; and (B) may make grants to State, interstate, and regional water pollution control agencies and public or nonprofit agencies, institutions, and organizations. (2) Purposes Grants under this subsection shall be made for assisting the development and implementation of the Plan, including research, surveys, studies, implementation practices, and modeling and technical supporting work. (3) Federal share (A) In general Subject to subparagraph (B), the amount of a grant under paragraph (1) shall not exceed 75 percent of the cost of the work carried out using grant funds. (B) 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 subparagraph (A) to 85 percent of the costs described in that subparagraph if the recipient of the grant demonstrates an inability to meet the cost-share requirement under that subparagraph. (ii) Requirement In carrying out clause (i), the Administrator shall be guided by policy adopted by the Steering Committee. (4) Administration The Administrator may establish such requirements for the administration of grants under this subsection as the Administrator determines appropriate. (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 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 for each of fiscal years 2025 through 2034 $45,000,000 for transfer to the Foundation, to remain available until expended. (2) Grant assistance There is authorized to be appropriated to the Environmental Protection Agency to carry out this section $10,000,000 for each of fiscal years 2025 through 2034, to remain available until expended. .