[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4742 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4742
To amend the Federal Water Pollution Control Act to establish the
Patrick Leahy Lake Champlain Basin Program Foundation, and for other
purposes.
_______________________________________________________________________
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.
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 2024''.
SEC. 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:
``SEC. 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.''.
<all>
Lake Champlain Basin Program Reauthorization Act of 2024
#4742 | S Congress #118
Policy Area: Environmental Protection
Subjects:
Last Action: Read twice and referred to the Committee on Environment and Public Works. (7/23/2024)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text