,,ii #aahth ,,congress #b;d ,session ,s4 #dgdb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bc1 #bjbd,mr4 ,welch 7for himself1 ,mrs4 ,gillibrand1 ,mr4 ,sanders1 and ,mr4 ,schumer7 introduced the following bill2 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 ,foundation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,lake ,champlain ,basin ,program ,reauthorization ,act of #bjbd4 #b4 ,patrick ,leahy ,lake ,champlain ,basin ,program ,foundation ,section #abj of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abgj7 is amended to read as follows3 #abj4 ,patrick ,leahy ,lake ,champlain ,basin ,program ,foundation 7a7 ,definitions ,in this section3 7#a7 ,champlain ,valley ,national ,heritage ,partnership ,the term ,champlain ,valley ,national ,heritage ,partnership means the ,champlain ,valley ,national ,heritage ,partnership established by section #bhd7;a7 of the ,champlain ,valley ,national ,heritage ,partnership ,act of #bjjf 7#ed ,u4,s4,c4 #cbjaja note2 ,public ,law #aji-cch74 7#b7 ,education and ,outreach ,committee 7,a7 ,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 ,committee1 including-- 7i7 funding recommendations relating to educational and outreach opportunities and issues2 and 7ii7 programmatic actions needed to address those educational or outreach opportunities or issues4 7,b7 ,treatment of existing committees ,the term ,education and ,outreach ,advisory ,committee includes a committee described in subparagraph 7,a7 established before the date of enactment of the ,lake ,champlain ,basin ,program ,reauthorization ,act of #bjbd4 7#c7 ,executive ,director ,the term ,executive ,director means the ,executive ,director of the ,foundation appointed under subsection 7c77#e74 7#d7 ,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 ,committee1 the ,executive ,director1 and the ,administrator4 7#e7 ,foundation ,the term ,foundation means the ,patrick ,leahy ,lake ,champlain ,basin ,program ,foundation established by subsection 7c77#a77;,a74 7#f7 ,lake ,champlain ,basin ,the term ,lake ,champlain ,basin means ,lake ,champlain and the natural watershed of ,lake ,champlain1 including all land1 streams1 rivers1 lakes1 and other bodies of water in the ,united ,states and ,canada that naturally drain into ,lake ,champlain1 including all or a portion of-- 7,a7 the counties of ,clinton1 ,franklin1 ,warren1 ,essex1 and ,washington in the ,state of ,new ,york2 and 7,b7 the counties of ,franklin1 ,grand ,isle1 ,chittenden1 ,addison1 ,rutland1 ,bennington1 ,lamoille1 ,orange1 ,washington1 ,orleans1 and ,caledonia in the ,state of ,vermont4 7#g7 ,lake ,champlain ,citizens ,advisory ,committee 7,a7 ,in general ,the term ,lake ,champlain ,citizens ,advisory ,committee means a committee in the ,state of ,vermont1 the ,state of ,new ,york1 and1 if the ,province of ,quebec elects to participate1 the ,province of ,quebec1 established by the ,governor or executive officer of the ,state or province1 as applicable1 to advise on the protection and restoration of ,lake ,champlain4 7,b7 ,treatment of existing committees ,the term ,lake ,champlain ,citizens ,advisory ,committee includes a committee described in subparagraph 7,a7 established before the date of enactment of the ,lake ,champlain ,basin ,program ,reauthorization ,act of #bjbd4 7#h7 ,plan ,the term ,plan means the comprehensive pollution prevention1 ecosystem protection and restoration1 and climate change response plan adopted and published under subsection 7d71 including any revisions to that plan4 7#i7 ,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 ,york1 the ,state of ,vermont1 and1 if the ,province of ,quebec elects to participate1 the ,province of ,quebec1 as modified pursuant to this section4 7#aj7 ,technical ,advisory ,committee 7,a7 ,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 ,committee1 including-- 7i7 funding recommendations relating to technical and scientific management issues2 and 7ii7 research or actions needed to address those technical or scientific management issues4 7,b7 ,treatment of existing committees ,the term ,technical ,advisory ,committee includes a committee described in subparagraph 7,a7 established before the date of enactment of the ,lake ,champlain ,basin ,program ,reauthorization ,act of #bjbd4 7b7 ,steering committee membership 7#a7 ,in general ,each of the following shall be a member of the ,steering ,committee3 7,a7 ,the highest level official 7or a designee of that official7 of each of the following3 7i7 ,the ,state environmental agency of the ,state of ,new ,york4 7ii7 ,the ,state environmental agency of the ,state of ,vermont4 7iii7 ,the ,ministry for the ,environment of the ,province of ,quebec1 if that ministry elects to participate4 7,b7 ,a representative of-- 7i7 the ,state agriculture agency of the ,state of ,new ,york2 7ii7 the ,state agriculture agency of the ,state of ,vermont2 and 7iii7 the ,quebec ,agricultural ,ministry1 if that ministry elects to participate4 7,c7 ,the ,state ,historic ,preservation ,officer 7or a designee of that officer7 from each of the ,states of ,new ,york and ,vermont4 7,d7 #f representatives of units of local government entirely within the ,lake ,champlain ,basin1 of which-- 7i7 #b shall be representatives of units of local government in the ,state of ,new ,york2 7ii7 #b shall be representatives of units of local government in the ,state of ,vermont2 and 7iii7 #b shall be representatives of units of local government in the ,province of ,quebec1 if the ,province of ,quebec elects to send representatives4 7,e7 ,the chairperson of-- 7i7 the ,lake ,champlain ,citizens ,advisory ,committee of the ,state of ,new ,york2 7ii7 the ,lake ,champlain ,citizens ,advisory ,committee of the ,state of ,vermont2 and 7iii7 the ,lake ,champlain ,citizens ,advisory ,committee of the ,province of ,quebec1 if the ,province of ,quebec elects to participate4 7,f7 ,the chairperson of the ,technical ,advisory ,committee4 7,g7 ,the chairperson of the ,education and ,outreach ,committee4 7,h7 ,the chairperson of the advisory committee for the ,champlain ,valley ,national ,heritage ,partnership4 7,i7 ,a representative from each of-- 7i7 the ,region #a office of the ,environmental ,protection ,agency2 7ii7 the ,region #b office of the ,environmental ,protection ,agency2 7iii7 the ,region #e office of the ,united ,states ,fish and ,wildlife ,service2 7iv7 the ,natural ,resources ,conservation ,service ,new ,york ,state office2 7v7 the ,natural ,resources ,conservation ,service ,vermont ,state office2 7vi7 the ,national ,park ,service2 and 7vii7 the ,new ,york ,district of the ,corps of ,engineers4 7,j7 ,the ,director of the ,lake ,champlain ,sea ,grant ,institute4 7,k7 ,a representative of the ,great ,lakes ,fishery ,commission4 7,l7 ,such additional members as may be confirmed by the ,steering ,committee4 7#b7 ,chairperson ,the position of chairperson of the ,steering ,committee shall regularly rotate among the members of the ,steering ,committee described in paragraph 7#a77;,a74 7#c7 ,ratification ,any actions of the ,steering ,committee taken before the date of enactment of the ,lake ,champlain ,basin ,program ,reauthorization ,act of #bjbd are ratified and confirmed4 7c7 ,patrick ,leahy ,lake ,champlain ,basin ,program ,foundation 7#a7 ,establishment 7,a7 ,in general ,there is established a foundation1 to be known as the ,patrick ,leahy ,lake ,champlain ,basin ,program ,foundation1 as a charitable and nonprofit corporation4 7,b7 ,rights and obligations ,the ,foundation-- 7i7 shall have perpetual succession2 7ii7 may conduct business throughout the ,lake ,champlain ,basin2 and 7iii7 shall1 at all times1 maintain a designated agent authorized to accept service of process for the ,foundation4 7,c7 ,service of process ,the serving of notice to1 or service of process on1 the agent required under subparagraph 7,b77iii71 or mailed to the business address of that agent1 shall be deemed as service on or notice to the ,foundation4 7,d7 ,principal office ,the principal office of the ,foundation shall be located in #a of the following counties3 7i7 ,the county of ,franklin1 ,grand ,isle1 ,chittenden1 ,addison1 ,rutland1 ,bennington1 ,lamoille1 ,orange1 ,washington1 ,orleans1 or ,caledonia in the ,state of ,vermont4 7ii7 ,the county of ,clinton1 ,franklin1 ,warren1 ,essex1 or ,washington in the ,state of ,new ,york4 7#b7 ,not an agency or establishment ,the ,foundation shall not be an agency or establishment of the ,united ,states4 7#c7 ,purposes ,the purposes of the ,foundation are-- 7,a7 to undertake and conduct activities that support-- 7i7 the implementation and furtherance of the ,plan1 including work to support the goals1 objectives1 and strategies identified in the ,plan2 and 7ii7 the purposes of this section2 7,b7 to accept and manage funds of the ,foundation for the implementation of the ,plan1 including-- 7i7 amounts made available under subsection 7i7 for transfer to the ,foundation2 7ii7 amounts given1 devised1 or bequeathed by private organizations or persons2 and 7iii7 such other amounts as may be made available to the ,foundation2 7,c7 to make grants and subgrants1 enter into contracts and cooperative agreements1 and administer funds of the ,foundation to carry out activities described in subparagraph 7,a72 7,d7 to assist and coordinate efforts among the ,federal ,government1 the government of the ,state of ,new ,york1 the government of the ,state of ,vermont1 local governments1 and other partners to adopt and implement the ,plan2 and 7,e7 to participate with1 and otherwise assist1 ,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 ,plan4 7#d7 ,board of ,directors 7,a7 ,in general ,the ,foundation shall be governed by a ,board of ,directors 7referred to in this subsection as the ,board71 the members of which shall be appointed by the ,steering ,committee4 7,b7 ,dual membership authorized ,members of the ,steering ,committee may simultaneously serve as members of the ,board4 7,c7 ,recusal ,members of the ,board1 including members of the ,steering ,committee in their capacity as members of the ,board1 may recuse themselves from votes on the ,board4 7,d7 ,withdrawal ,members of the ,board1 including members of the ,steering ,committee that serve as members of the ,board1 may withdraw from membership on the ,board4 7,e7 ,removal ,members appointed to the ,board1 including members of the ,steering ,committee that are simultaneously serving as members of the ,board1 may be removed by the ,steering ,committee4 7,f7 ,not ,federal employees ,membership on the ,board shall not constitute employment by1 or the holding of an office of1 the ,united ,states for the purpose of any ,federal law4 7#e7 ,executive ,director ,the ,foundation shall have an ,executive ,director1 who shall-- 7,a7 serve as the chief executive officer of the ,foundation2 and 7,b7 be appointed by1 and serve at the direction of1 the ,board4 7#f7 ,powers of the ,foundation 7,a7 ,in general ,subject to any conditions imposed on the ,foundation by the ,steering ,committee and subject to approval by the ,board1 the ,foundation shall have1 in addition to the powers otherwise granted the ,foundation under this section1 the usual powers of a corporation acting as a trustee in the ,state in which the principal office of the ,foundation is located1 and may-- 7i7 receive funds1 including funds made available to the ,environmental ,protection ,agency under subsection 7i7 for transfer to the ,foundation2 7ii7 accept1 receive1 hold1 administer1 and use any gift1 devise1 or bequest1 absolutely or in trust1 of real or personal property or any income from that property or other interest2 7iii7 deposit any funds provided to the ,foundation by the ,federal ,government at #a or more financial institutions that are members of the ,federal ,deposit ,insurance ,corporation or the ,securities ,investor ,protection ,corporation2 7iv7 make use of any interest or other income that accrues as a consequence of actions taken under clause 7iii7 or 7vi7 to carry out the purposes of the ,foundation2 7v7 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 fish1 wildlife1 plants1 and other natural resources on private land within the ,lake ,champlain ,basin2 7vi7 sell1 donate1 lease1 retain1 or otherwise dispose of any property or income from that property1 unless otherwise required by the instrument of transfer2 7vii7 hire and retain staff2 7viii7 issue grants and subgrants2 7ix7 enter into contracts or other arrangements with public agencies and private organizations and persons2 7x7 sue and be sued1 and complain and defend itself in any court of competent jurisdiction1 except that members of the ,board shall not be personally liable1 except for gross negligence2 7xi7 receive and administer restitution and community service payments1 amounts for mitigation of impacts to natural resources1 and other amounts arising from legal1 regulatory1 or administrative proceedings1 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 fish1 wildlife1 plants1 and other natural resources within the ,lake ,champlain ,basin2 7xii7 acquire1 by purchase or exchange1 and own real or personal property1 or an interest therein2 7xiii7 serve as its own fiscal agent1 if selected to serve as the fiscal agent by the ,administrator1 the ,executive ,director1 and the ,steering ,committee under subsection 7e72 and 7xiv7 do any and all acts necessary to carry out the purposes of the ,foundation4 7,b7 ,treatment of real property 7i7 ,in general ,for purposes of this subsection1 an interest in real property shall be treated as including easements or other rights for preservation1 conservation1 protection1 or enhancement by or for the public of natural1 scenic1 historic1 scientific1 educational1 inspirational1 or recreational resources4 7ii7 ,encumbered real property ,a gift1 devise1 or bequest that is encumbered1 restricted1 or subject to beneficial interests of private persons may be accepted by the ,foundation if any current or future interest in the gift1 devise1 or bequest is for the benefit of the ,foundation4 7iii7 ,savings clause ,the acceptance and administration of amounts by the ,foundation under subparagraph 7,a77xi7 does not alter1 supersede1 or limit any regulatory or statutory requirement associated with those amounts4 7#g7 ,dissolution 7,a7 ,in general ,the ,administrator and the ,steering ,committee may jointly dissolve the ,foundation4 7,b7 ,return of funds ,if the ,administrator and the ,steering ,committee jointly dissolve the ,foundation under subparagraph 7,a71 during the dissolution process1 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 agency4 7#h7 ,united ,states release from liability ,the ,united ,states shall not be liable for any debts1 defaults1 acts1 or omissions of the ,foundation1 nor shall the full faith and credit of the ,united ,states extend to any obligation of the ,foundation4 7d7 ,pollution prevention1 ecosystem protection and restoration1 and climate change response plan 7#a7 ,adoption 7,a7 ,in general ,the ,steering ,committee shall adopt and publish a comprehensive pollution prevention1 ecosystem protection and restoration1 and climate change response plan for ,lake ,champlain that protects and benefits the water quality1 fisheries1 wetlands1 wildlife1 and cultural resources of ,lake ,champlain and within the ,lake ,champlain basin4 7,b7 ,public engagement ,prior to the final adoption and publication of the ,plan1 the ,administrator1 in cooperation with the ,steering ,committee1 shall provide for public review and comment on the draft ,plan1 including1 at a minimum1 #a public meeting in each of the ,states of ,new ,york and ,vermont to hear comments on the draft ,plan4 7,c7 ,approval ,not earlier than #abj days after the date on which the ,plan is published under subparagraph 7,a71 the ,administrator shall approve the ,plan if-- 7i7 the ,plan meets the requirements of this subsection2 and 7ii7 the ,governors of the ,states of ,new ,york and ,vermont concur that the ,plan meets the requirements of this subsection4 7,d7 ,effect of approval ,on approval of the ,plan by the ,administrator under subparagraph 7,c71 the ,plan shall be deemed to be-- 7i7 an approved management program for purposes of section #cai7;h72 and 7ii7 an approved comprehensive conservation and management plan pursuant to section #cbj4 7,e7 ,effect of prior plan ,any comprehensive pollution prevention1 control1 and restoration plan approved by the ,administrator and published before the date of enactment of the ,lake ,champlain ,basin ,program ,reauthorization ,act of #bjbd shall remain in effect and be considered the ,plan under this subsection until the ,plan is adopted pursuant to subparagraph 7,a74 7#b7 ,inclusions ,the ,plan shall-- 7,a7 include strategies to advance1 with respect to ,lake ,champlain-- 7i7 clean water2 7ii7 healthy ecosystems2 7iii7 thriving communities2 and 7iv7 an informed and involved public in the ,lake ,champlain ,basin2 7,b7 identify corrective actions addressing point and nonpoint sources of pollution that are necessary to restore and maintain the chemical1 physical1 and biological integrity of water quality1 a balanced1 indigenous population of shellfish1 fish1 and wildlife1 and recreational and economic activities in and on ,lake ,champlain2 7,c7 identify-- 7i7 the potential impacts of climate change on the water quality1 ecosystems1 indigenous flora and fauna1 recreation1 and economic activities in and on ,lake ,champlain2 and 7ii7 strategies to mitigate and promote resilience against the impacts identified under clause 7i72 7,d7 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 ,basin2 7,e7 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 adopted2 and 7,f7 describe the methods and schedules for the funding of programs1 activities1 and projects identified in the ,plan1 including the use of ,federal funds and other sources of funding4 7#c7 ,revision 7,a7 ,in general ,the ,steering ,committee shall1 as necessary but not less frequently than once every #e years1 review1 revise1 and readopt the ,plan4 7,b7 ,effect ,a ,plan adopted by the ,steering ,committee shall remain in effect until readopted by the ,steering ,committee pursuant to subparagraph 7,a74 7#d7 ,use of plan ,the ,plan shall guide the work of the ,foundation4 7e7 ,fiscal agent 7#a7 ,in general ,the ,steering ,committee1 the ,executive ,director1 and the ,administrator shall jointly select a qualified entity to serve as the fiscal agent of the ,foundation1 which may include selecting the ,foundation as the fiscal agent of the ,foundation4 7#b7 ,assessment 7,a7 ,in general ,beginning as soon as practicable after the date of enactment of the ,lake ,champlain ,basin ,program ,reauthorization ,act of #bjbd1 and as necessary but not less frequently than once every #aj years thereafter1 the ,steering ,committee1 the ,executive ,director1 and the ,administrator shall jointly assess the effectiveness of the fiscal agent and1 if appropriate1 select a new qualified entity through a competitive process to serve as the fiscal agent4 7,b7 ,no competitive process ,on selection of a fiscal agent1 the ,administrator may award funding to the fiscal agent without competition until such time as a new fiscal agent is selected4 7,c7 ,transfer of funds ,if the ,steering ,committee1 the ,executive ,director1 and the ,administrator jointly select a new fiscal agent under subparagraph 7,a71 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 7,b74 7f7 ,grant assistance 7#a7 ,in general ,the ,administrator1 in consultation with the ,steering ,committee and the ,executive ,director-- 7,a7 shall make grants to the ,state of ,new ,york1 the ,state of ,vermont1 and the fiscal agent2 and 7,b7 may make grants to ,state1 interstate1 and regional water pollution control agencies and public or nonprofit agencies1 institutions1 and organizations4 7#b7 ,purposes ,grants under this subsection shall be made for assisting the development and implementation of the ,plan1 including research1 surveys1 studies1 implementation practices1 and modeling and technical supporting work4 7#c7 ,federal share 7,a7 ,in general ,subject to subparagraph 7,b71 the amount of a grant under paragraph 7#a7 shall not exceed #ge percent of the cost of the work carried out using grant funds4 7,b7 ,exception 7i7 ,in general ,the ,administrator may1 on a case-by-case basis and in consultation with the ,steering ,committee1 increase the ,federal share under subparagraph 7,a7 to #he 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 subparagraph4 7ii7 ,requirement ,in carrying out clause 7i71 the ,administrator shall be guided by policy adopted by the ,steering ,committee4 7#d7 ,administration ,the ,administrator may establish such requirements for the administration of grants under this subsection as the ,administrator determines appropriate4 7g7 ,great ,lakes ,fishery ,commission 7#a7 ,in general ,the ,great ,lakes ,fishery ,commission may undertake1 fund1 and support work on ,lake ,champlain1 in the ,lake ,champlain ,basin1 and other areas within the ,saint ,lawrence ,river basin in ,vermont1 including through-- 7,a7 fisheries and aquatic ecosystem research1 monitoring1 restoration1 and management2 7,b7 sea lamprey control2 7,c7 aquatic invasive species prevention and mitigation2 7,d7 public engagement and education2 and 7,e7 other work to implement the ,plan4 7#b7 ,authorization ,in carrying out paragraph 7#a71 the ,great ,lakes ,fishery ,commission may work with the ,foundation1 ,federal and ,state agencies1 institutions of higher education1 nonprofit organizations1 units of local government1 and ,canadian federal and ,quebec provincial authorities4 7h7 ,savings provisions 7#a7 ,no effect on certain authority ,nothing in this section-- 7,a7 affects the jurisdiction or powers of-- 7i7 any department or agency of the ,federal ,government or any ,state government2 or 7ii7 except as provided in subsection 7g71 any international organization or entity related to ,lake ,champlain created by treaty or memorandum to which the ,united ,states is a signatory2 7,b7 provides new regulatory authority for the ,environmental ,protection ,agency2 or 7,c7 affects section #cjd of the ,great ,lakes ,critical ,programs ,act of #aiij 7#cc ,u4,s4,c4 #abgj note2 ,public ,law #aja-eif74 7#b7 ,no effect on obligations ,nothing in this section affects the obligations of ,canada1 the ,province of ,quebec1 or any agencies or representatives of ,canada or the ,province of ,quebec referenced in this section4 7i7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,environmental ,protection ,agency for each of fiscal years #bjbe through #bjcd #de1jjj1jjj for transfer to the ,foundation1 to remain available until expended4 7#b7 ,grant assistance ,there is authorized to be appropriated to the ,environmental ,protection ,agency to carry out this section #aj1jjj1jjj for each of fiscal years #bjbe through #bjcd1 to remain available until expended4 4