99–010 

Calendar No. 681 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–358 

COLUMBIA RIVER BASIN RESTORATION ACT 

DECEMBER 8, 2010.—Ordered to be printed 

Mrs. BOXER, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, having considered the Columbia River Basin Restoration Act, an original bill 

to amend the Federal Water Pollution Control Act to establish 

within the Environmental Protection Agency a Columbia Basin 

Restoration Program, reports an original bill favorably thereon and 

recommends that the bill do pass. 

GENERAL STATEMENT AND BACKGROUND

Including seven states and 259,000 square miles, the Columbia 

River Basin drains the major rivers of the Northwest. The Snake 

River is the basin’s longest tributary, running more than 1,000 

miles from near the continental divide in Yellowstone Park in Wyoming through Idaho’s Snake River Plain to its mouth with the Columbia in eastern Washington. Additionally, Montana’s largest 

river by volume, the Clark Fork, drains much of western Montana 

and turns into the Pend Oreille River in Idaho before flowing into 

the Columbia just across the border in Canada. The watershed also 

drains northern portions of Nevada and Utah. 

The Columbia River Basin is the lifeblood of the region’s economy 

and has been the foundation of a trade-based economy stretching 

back thousands of years. Today the Basin stands as the cornerstone of the region’s shipping network, with ports dotting the river 

as far upstream as Lewiston, Idaho, the farthest inland seaport in 

the West. The Basin remains a significant resource to much of the 

Northwest’s commercial and recreational fishing industries. The 

Basin is the backbone of the region’s energy supply, with a network 

of dams providing the majority of the region’s electricity. Over 


tjames on DSKG8SOYB1PROD with REPORTS
2 

6,000,000 acres of agricultural land relies on irrigation from the 

Basin. 

Like many of the nation’s large aquatic ecosystems, a legacy of 

toxic contamination has created challenges. In 2002, EPA completed its Columbia River Basin Fish Contaminant Survey. The 

survey identified 92 chemicals in the tissues of fish, which can pass 

up through the food chain to humans who consume fish. All 11 species of fish tested had some level of contamination in their tissue. 

Contamination of fish tissues poses a health threat, particularly for 

tribal populations. A survey conducted by the Columbia River 

Intertribal Fish Commission found that tribal members consumed 

between 6 and 10 times as much fish as the national average. 

Stakeholders across the region are working on voluntary efforts 

to clean up and restore the river. While EPA has designated the 

Columbia River Basin as among the Large Aquatic Ecosystems to 

enhance coordination among stakeholders, the Columbia River 

Basin does not have a congressionally authorized program or dedicated appropriations to support its toxic contamination reduction 

efforts. 

OBJECTIVES OF THE LEGISLATION

The Act amends the Federal Water Pollution Control Act to establish within the Environmental Protection Agency a Columbia 

Basin Restoration Program, which will work with stakeholders to 

assist coordination of voluntary toxic contamination activities 

throughout the basin, authorize EPA to provide funding to implement projects that the stakeholder working group develops and 

prioritizes, and authorizes a program for the Flathead River Basin, 

a sub-basin of the Columbia River Basin. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 notes that this Act may be cited as the ‘‘Columbia 

River Basin Restoration Act of 2010.’’ 

Section 2. Findings 

This section establishes Congressional findings relating to the 

importance of the Columbia River Basin to the ecology and economy of the nation and the Pacific Northwest, the significance of 

toxic contamination in the Basin, and, with regard to the Flathead 

River Basin, the importance of that basin and the history of international and intergovernmental agreements regarding the Flathead 

River Basin. 

Section 3. Columbia River Basin Restoration 

Section 3 amends the Federal Water Pollution Control Act (33 

U.S.C. 1251 et seq.) by adding at the end a new Section 123 on Columbia River Basin Restoration. 

Subsection (a) establishes definitions for certain terms used in 

the section. 

Subsection (b) directs the Administrator of the Environmental 

Protection Agency to establish a Columbia Basin Restoration Program within the agency, defines the scope of the Program, clarifies 

that the Program should build on the work of the existing ColumVerDate Mar 15 2010 06:59 Dec 09, 2010 Jkt 099010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR358.XXX SR358

tjames on DSKG8SOYB1PROD with REPORTS
3 

bia River Toxics Reduction Working Group (and, in the lower Columbia River Estuary, the work of the Estuary Partnership) and 

coordinate with other Federal agencies, and clarifies that the establishment of the Program does not modify the authorities or roles 

of Federal agencies in the Columbia Basin. This subsection defines 

the duties of the Administrator, which primarily relate to assisting 

the Working Group established in subsection (c) by providing data 

and technical assistance to help with monitoring conditions and developing, updating, or implementing plans and projects; by coordinating with other Federal agencies; by completing and updating 

plans; and by implementing projects identified by the Working 

Group (including by providing funding to implement the projects). 

Subsection (c) establishes the Stakeholder Working Group that is 

central to the program, establishes requirements for representation 

of specific constituencies on the Working Group as well as geographic representation, and establishes a process for appointing 

members. It provides for the Working Group’s duties to include assessing trends in toxic contamination in the Basin, developing updates to the Columbia River Basin Toxics Reduction Action Plan, 

submitting to the Administrator annually a prioritized list of 

projects to implement the plan, and monitoring the effectiveness of 

actions taken under this act. The subsection also stipulates that in 

the Lower Columbia River Estuary, the Estuary Partnership will 

execute all the duties of the Working Group and allows a Governor 

to elect not to have the State participate in the Working Group. 

Subsection (d) consists of the Transboundary Flathead River 

Basin Protection Act, which directs the President to take steps to 

protect the river, authorizes negotiations with the Government of 

Canada, authorizes participation in cross-border collaboration with 

Canada to assess projects of cross-border significance, and specifies 

uses for which the Administrator may provide funding under subsection (e). 

Subsection (e) authorizes the Administrator to provide funding to 

implement the activities authorized by the bill. It specifies that the 

federal share will not exceed 75%, but allows the Administrator to 

increase the Federal share and clarifies that an Indian tribe may 

use Federal funds to provide the non-Federal share. The subsection 

also specifies that in fiscal years 2012 and 2013, the 1/3 of the 

funds must be used for activities in the Lower Columbia River Estuary and 1/3 must be used for activities in the Middle and Upper 

Columbia River Basin. 

Subsection (f) requires the President to submit budget information to Congress that communicates amounts obligated and 

amounts budgeted for restoration projects in the Columbia River 

Basin by agencies across the Federal government. 

LEGISLATIVE HISTORY

On February 24, 2010, the Full Senate Committee on Environment and Public Works and the Subcommittee on Water and Wildlife held a joint hearing on legislative approaches to protecting 

Great Water Bodies. The hearing included a discussion of legislation to address toxic contamination issues and reduction activities 

in the Columbia River basin. 

The Columbia River Basin Restoration Act of 2010 is an original 

bill authored by Senator Merkley. 


tjames on DSKG8SOYB1PROD with REPORTS
4 

During committee consideration of the bill, Senators Merkley, 

Crapo, and Baucus offered a substitute amendment making 

changes to the findings, adding the requirement for geographic distribution of funds, and adding the provision allowing Governors to 

elect not to participate in the Working Group but providing for 

them to have opportunity to comment to EPA on projects proposed 

by the Working Group. 

Senators Merkley, Crapo, and Baucus also offered a second-degree amendment to their first-degree amendment, also in the nature of a substitute. The second-degree amendment made changes 

of a technical nature and also added a requirement that electric, 

water, and wastewater utilities be represented on the Stakeholder 

Working Group. 

The second-degree amendment was adopted by voice vote and the 

first-degree amendment, as amended, was also adopted by voice 

vote. The committee approved the bill, as amended, by voice vote. 

S. 3550, a bill identical to the version reported by the Committee, 

was introduced by Senator Merkley on June 29, 2010 and has 4 cosponsors. The bill was received, read twice, and referred to the 

Senate Committee on Environment and Public Works. 

ROLLCALL VOTES

The Committee on Environment and Public Works met to consider the Columbia River Basin Restoration Act of 2010 on June 

30, 2010. The bill was ordered to be reported favorably with an 

amendment in the nature of a substitute by voice vote. 

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing 

Rules of the Senate, the committee finds that the Columbia River 

Restoration Act of 2010 does not create any additional regulatory 

burdens, nor will it cause any adverse impact on the personal privacy of individuals. 

MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995 

(Public Law 104–4), the committee noted that the Congressional 

Budget Office (CBO) has found, ‘‘The bill contains no intergovernmental or private-sector mandates as defined in UMRA.’’ 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

JULY 13, 2010. 

Hon. BARBARA BOXER, 

Chairman, Committee on Environment and Public Works, 

Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for the Columbia River Basin 

Restoration Act of 2010. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Martin von Gnechten. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 


tjames on DSKG8SOYB1PROD with REPORTS
5 

Columbia River Basin Restoration Act of 2010 

Summary: The bill would establish the Columbia Basin Restoration Program of the Environmental Protection Agency (EPA) and 

the Columbia River Basin Toxics Reduction Working Group, composed of relevant stakeholders. The legislation would authorize 

EPA to distribute grants to assess, restore, and protect water quality and natural resources in the Columbia River Basin. 

This legislation would authorize the annual appropriation of $33 

million over the 2012–2017 period for program costs and grants to 

nonprofit organizations, state and local governments, Indian tribes, 

and other eligible entities for various activities, including developing and implementing projects in the Flathead River Basin. Assuming appropriation of the authorized funds, CBO estimates that 

implementing the bill would cost $109 million over the 2011–2015 

period and an additional $89 million after 2015. 

Pay-as-you-go procedures do not apply to this legislation because 

it would not affect direct spending or revenues. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of the legislation is shown in the following table. The 

costs of this legislation fall within budget function 300 (natural resources and environment). 

By fiscal year, in millions of dollars— 

2011 2012 2013 2014 2015 2011– 

2015 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................... 0 33 33 33 33 132 

Estimated Outlays ........................................................................ 0 15 28 33 33 109 

Basis of estimate: For this estimate, CBO assumes that the bill 

will be enacted near the beginning of fiscal year 2011 and that authorized amounts will be appropriated in each year. Estimated outlays are based on historical spending patterns for similar grants 

and programs. 

Pay-as-you-go considerations: None. 

Intergovernmental and private-sector impact: The bill contains 

no intergovernmental or private-sector mandates as defined in 

UMRA. State, local, and tribal governments would benefit from 

grants and technical assistance authorized in the bill. Any costs to 

those governments would be incurred voluntarily as a condition of 

federal assistance. 

Estimate prepared by: Federal Costs: Martin von Gnechten; Impact on State, Local, and Tribal Governments: Ryan Miller; Impact 

on the Private Sector: Amy Petz. 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

CHANGES IN EXISTING LAW

In compliance with section 12 of rule XXVI of the Standing Rules 

of the Senate, changes in existing law made by the bill as reported 

are shown as follows: Existing law proposed to be omitted is enVerDate Mar 15 2010 06:59 Dec 09, 2010 Jkt 099010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR358.XXX SR358

tjames on DSKG8SOYB1PROD with REPORTS
6 

closed in øblack brackets¿, new matter is printed in italic, existing 

law in which no change is proposed is shown in roman: 

* * * * * * * 

FEDERAL WATER POLLUTION CONTROL ACT 

SEC. 101. (a) The objective of this Act is to restore and maintain 

the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, 

consistent with the provisions of this Act— 

(1)* * * 

* * * * * * * 

SEC. 122. WET WEATHER WATERSHED PILOT PROJECTS. 

(a) IN GENERAL.—* * * 

* * * * * * * 

SEC. 123. COLUMBIA RIVER BASIN RESTORATION. 

(a) DEFINITIONS.— (1) ADMINISTRATOR—The term ‘Administrator’ means the Administrator of the Environmental Protection Agency. 

(2) COLUMBIA RIVER BASIN.—The term ‘Columbia River 

Basin’ means the entire United States portion of the Columbia 

River watershed. 

(3) COLUMBIA RIVER BASIN PROVINCES.—The term ‘Columbia 

River Basin Provinces’ means the United States portion of each 

of the Columbia River Basin Provinces identified in the Fish 

and Wildlife Plan of the Northwest Power and Conservation 

Council. 

(4) COLUMBIA RIVER BASIN TOXICS REDUCTION ACTION PLAN.— (A) IN GENERAL.—The term ‘Columbia River Basin Toxics 

Reduction Action Plan’ means the plan developed by the 

Environmental Protection Agency and the Columbia River 

Toxics Reduction Working Group in 2010. 

(B) INCLUSIONS.—The term ‘Columbia River Basin Toxics 

Reduction Action Plan’ includes any amendments to the 

plan. 

(5) ESTUARY PARTNERSHIP.—The term ‘Estuary Partnership’ 

means the Lower Columbia River Estuary Partnership, an entity created by the States of Oregon and Washington and the Environmental Protection Agency under section 320. 

(6) ESTUARY PLAN.— 

(A) IN GENERAL.—The term ‘Estuary Plan’ means the Estuary Partnership Comprehensive Conservation and Management Plan adopted by the Environmental Protection 

Agency and the Governors of Oregon and Washington on 

October 20, 1999, under section 320. 

(B) INCLUSIONS.—The term ‘Estuary Plan’ includes any 

amendments to the plan. 

(7) LOWER COLUMBIA RIVER ESTUARY.—The term ‘Lower Columbia River Basin and Estuary’ means the mainstem Columbia River from the Bonneville Dam to the Pacific Ocean and 

tidally influenced portions of tributaries to the Columbia River 

in that region. 

(8) MIDDLE AND UPPER COLUMBIA RIVER BASIN.— 


tjames on DSKG8SOYB1PROD with REPORTS
7 

(A) IN GENERAL.—The term ‘Middle and Upper Columbia 

River Basin’ means the region consisting of the United 

States portion of the Columbia River Basin above Bonneville Dam. 

(B) INCLUSIONS.—The term ‘Middle and Upper Columbia 

River Basin’ includes— 

(i) the Snake River and associated tributaries; and 

(ii) the Clark Fork and Pend Oreille Rivers and associated tributaries. 

(9) NORTH FORK OF THE FLATHEAD RIVER.—The term ‘North 

Fork of the Flathead River’ means the region consisting of the 

North Fork of the Flathead River watershed, beginning in British Columbia, Canada, ending at the confluence of the North 

Fork and the Middle Fork of the Flathead River in the State 

of Montana. 

(10) PROGRAM.—The term ‘Program’ means the Columbia 

River Basin Restoration Program established under subsection 

(b)(1). 

(11) TRANSBOUNDARY FLATHEAD RIVER BASIN.—The term 

‘transboundary Flathead River Basin’ means the region consisting of the Flathead River watershed, beginning in British 

Columbia, Canada, and ending at Flathead Lake, Montana. 

(12) WORKING GROUP.—The term ‘Working Group’ means— 

(A) the Columbia River Basin Toxics Reduction Working 

Group established under subsection (c); and 

(B) with respect to the Lower Columbia River Estuary, 

the Estuary Partnership. 

(b) COLUMBIA RIVER BASIN RESTORATION PROGRAM.— (1) ESTABLISHMENT.—The Administrator shall establish 

within the Environmental Protection Agency a Columbia Basin 

Restoration Program. 

(2) DELEGATION OF AUTHORITY; STAFFING.—The Administrator shall delegate such authority and provide such additional staff as are necessary to carry out the Program. 

(3) SCOPE OF PROGRAM.— (A) IN GENERAL.—The Program shall consist of a collaborative stakeholder-based approach to reducing toxic contamination throughout the Columbia River Basin. 

(B) RELATIONSHIP TO EXISTING ACTIVITIES.—The Program shall— 

(i) build on the work and collaborative structure of 

the existing Columbia River Toxics Reduction Working 

Group representing the Federal Government, State, 

tribal, and local governments, industry, and nongovernmental organizations, which was convened in 

2005 to develop a collaborative toxic contamination reduction approach for the Columbia River Basin; 

(ii) in the Lower Columbia River Basin and Estuary, 

build on the work and collaborative structure of the Estuary Partnership; and 

(iii) coordinate with other efforts, including activities 

of other Federal agencies in the Columbia River Basin, 

to avoid duplicating activities or functions. 

(C) NO EFFECT ON EXISTING AUTHORITY.—The Program 

shall not modify any legal or regulatory authority or proVerDate Mar 15 2010 07:11 Dec 09, 2010 Jkt 099010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6603 E:\HR\OC\SR358.XXX SR358

tjames on DSKG8SOYB1PROD with REPORTS
8 

gram in effect as of the date of enactment of this section, 

including the roles of Federal agencies in the Columbia 

River Basin. 

(4) DUTIES.—The Administrator shall— 

(A) provide the Working Group with data, analysis, reports, or other information; 

(B) provide technical assistance to the Working Group, 

and to States, local government entities, and Indian tribes 

participating in the Working Group, to assist those agencies 

and entities in— 

(i) planning or evaluating potential projects; 

(ii) implementing plans; 

(iii) implementing projects; and 

(iv) monitoring and evaluating the effectiveness of 

projects and the implementation of plans and projects; 

(C) provide information to the Working Group on plans 

already developed by the Administrator or by other Federal 

agencies to enable the Working Group to avoid unnecessary 

or duplicative projects or activities; 

(D) provide coordination with other Federal agencies to 

avoid duplication of activities or functions; 

(E)(i) complete and periodically update the Columbia 

River Basin Toxics Reduction Action Plan and the Estuary 

Plan; and 

(ii) ensure that those plans, when considered together 

and in light of relevant plans developed by other Federal 

or State agencies, form a coherent toxic contamination reduction strategy for the entire Columbia River Basin; and 

(F) implement, including by providing grants pursuant to 

subsection (e), projects and conduct activities, including 

monitoring, assessment, and toxic contamination reduction 

activities, that are— 

(i) identified by the Working Group; 

(ii) included in the Columbia River Basin Toxics Reduction Action Plan and the Estuary Plan; or 

(iii) identified under subsection (d) and located in 

the Transboundary Flathead River Basin. 

(c) STAKEHOLDER WORKING GROUP.— 

(1) ESTABLISHMENT.—The Administrator shall establish a 

Columbia River Basin Toxics Reduction Working Group. 

(2) MEMBERSHIP.—The members of the Working Group shall 

include, at a minimum, representatives of— 

(A) each State located in whole or in part within the Columbia River Basin; 

(B) each Indian tribe with legally defined rights and authorities in the Columbia River Basin that elects to participate on the Working Group; 

(C) local governments located in the Columbia River 

Basin; 

(D) industries operating in the Columbia River Basin 

that affect or could affect water quality; 

(E) electric, water, and wastewater utilities operating in 

the Columba River Basin; 

(F) private landowners in the Columbia River Basin; 


tjames on DSKG8SOYB1PROD with REPORTS
9 

(G) soil and water conservation districts in the Columbia 

River Basin; 

(H) environmental organizations that have a presence in 

the Columbia River Basin; and 

(I) the general public in the Columbia River Basin. 

(3) GEOGRAPHIC REPRESENTATION.—The Working Group shall 

include representation from each of the Columbia River Basin 

Provinces located in the Columbia River Basin. 

(4) APPOINTMENT.— (A) NONTRIBAL MEMBERS.—The Administrator, with the 

consent of the Governor of each State located in whole or 

in part within the Columbia River Basin, shall appoint 

nontribal members of the Working Group not later than 

180 days after the date of enactment of this section. 

(B) TRIBAL MEMBERS.—The governing body of each Indian tribe described in paragraph (2)(B) shall appoint tribal members of the Working Group not later than 180 days 

after the date of enactment of this section. 

(5) DUTIES.—The Working Group shall— 

(A) assess trends in water quality and toxic contamination or toxics reduction, including trends that affect uses of 

the water of the Columbia River Basin; 

(B) collect, characterize, and assess data on toxics and 

water quality to identify possible causes of environmental 

problems; 

(C) develop periodic updates to the Columbia River Basin 

Toxics Reduction Action Plan and, in the Estuary, the Estuary Plan; 

(D) submit to the Administrator annually a prioritized 

list of projects, including monitoring, assessment, and toxic 

contamination reduction projects, that would implement 

the Columbia River Basin Toxics Reduction Action Plan or, 

in the Lower Columbia River Estuary, the Estuary Plan, 

for consideration for funding pursuant to subsection (e); 

and 

(E) monitor the effectiveness of actions taken pursuant to 

this section. 

(6) LOWER COLUMBIA RIVER ESTUARY.—In the Lower Columbia River Estuary, the Estuary Partnership shall function as 

the Working Group and execute the duties of the Working 

Group described in this subsection for such time as the Estuary 

Partnership is the management conference for the Lower Columbia River National Estuary Program. 

(7) PARTICIPATION BY STATES.—At the discretion of the Governor of a State, the State— 

(A) may elect not to participate in the Working Group established under this paragraph; and 

(B) may provide comments to the Administrator on the 

prioritized list of projects submitted pursuant to paragraph 

(5)(D). 

(d) TRANSBOUNDARY FLATHEAD RIVER BASIN.— 

(1) SHORT TITLE.—This subsection may be cited as the 

‘Transboundary Flathead River Basin Protection Act of 2010’. 

(2) ACTION BY PRESIDENT.—The President shall take steps to 

preserve and protect the unique, pristine area of the 


tjames on DSKG8SOYB1PROD with REPORTS
10 

transboundary Flathead River, with a particular focus on the 

North Fork of the Flathead River. 

(3) TRANSBOUNDARY COOPERATION.—In taking such steps, the 

President may engage in negotiations with the Government of 

Canada to establish an executive agreement, or other appropriate tool, to ensure permanent protection for the North Fork 

of the Flathead River watershed and the adjacent area of Glacier-Waterton National Park. 

(4) PARTICIPATION IN COOPERATIVE EFFORTS.— (A) IN GENERAL.—The President may participate in crossborder collaborations with Canada on environmental assessments of any project of cross-border significance that 

has the potential to degrade land or water resources by providing for on-going involvement of appropriate Federal 

agencies of the United States in such assessments. 

(B) COLLABORATION.—In carrying out subparagraph (A), 

the President shall include in collaborations under that 

subparagraph appropriate Federal agencies, such as— 

(i) the Environmental Protection Agency; 

(ii) the Department of Interior; 

(iii) the United States Fish and Wildlife Service; 

(iv) the National Park Service; 

(v) the Forest Service; and 

(vi) such other agencies as the President determines 

to be appropriate. 

(5) ASSESSMENTS AND PROJECTS.—The President, acting 

through the Administrator, may provide grants under subsection (e) for the following purposes: 

(A) Developing baseline environmental conditions in the 

transboundary Flathead River Basin. 

(B) Assessing the impact of any proposed projects on the 

natural resources, water quality, wildlife, or environmental 

conditions in the transboundary Flathead River Basin. 

(C) Implementation of transboundary cooperative efforts 

identified by the governments of the United States and 

Canada under subsection (b)(2). 

(D) Projects to protect and preserve the natural resources, 

water quality, wildlife, and environmental conditions in the 

transboundary Flathead River Basin. 

(e) GRANTS.— 

(1) IN GENERAL.—The Administrator may provide grants to 

State and regional water pollution control agencies and entities, 

other State and local government entities, Indian tribes, nonprofit private agencies, institutions, organizations, and individuals for use in paying costs incurred in carrying out activities 

that would develop or implement plans or projects updated, developed, or authorized under this section (including for purposes described in subsection (d)(4)). 

(2) FEDERAL SHARE.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), the Federal share of the cost of any project or activity 

carried out using funds from a grant provided to any person (including a State, interstate, or regional agency, an Indian tribe, or a local government entity) under this subsection for a fiscal year— 


tjames on DSKG8SOYB1PROD with REPORTS
11 

(i) shall not exceed 75 percent of the total cost of the 

project or activity; and 

(ii) shall be made on condition that the non-Federal 

share of that total cost shall be provided from non-Federal sources. 

(B) EXCEPTIONS.—With respect to cost-sharing for a 

grant provided under this subsection— 

(i) an Indian tribe may use Federal funds for the 

non-Federal share; and 

(ii) the Administrator may increase the Federal share 

under such circumstances as the Administrator determines to be appropriate. 

(3) ALLOCATION.—In making grants using funds appropriated 

to carry out this section for fiscal years 2012 and 2013, the Administrator shall use— 

(A) not less than 1⁄3 of the funds to make grants for 

projects, programs, and studies in the Lower Columbia 

River Estuary; and 

(B) not less than 1⁄3 of the funds to make grants for 

projects, programs, and studies in the Middle and Upper 

Columbia River Basin. 

(4) REPORTING.—Not later than 18 months after the date of 

receipt of a grant under this subsection, and biennially thereafter for the duration of the grant, a person (including a State, 

interstate, or regional agency, an Indian tribe, or a local government entity) that receives a grant under this subsection shall 

submit to the Administrator a report that describes the progress 

being made in achieving the purposes of this section using 

funds from the grant. 

(f) ANNUAL BUDGET PLAN.—The President, as part of the annual 

budget submission of the President to Congress under section 

1105(a) of title 31, United States Code, shall submit information regarding each Federal agency involved in protection and restoration 

of the Columbia River Basin, including an interagency crosscut 

budget that displays for each Federal agency— 

(1) the amounts obligated for the preceding fiscal year for 

protection and restoration projects, programs, and studies relating to the Columbia River Basin; 

(2) the estimated budget for the current fiscal year for protection and restoration projects, programs, and studies relating to 

the Columbia River Basin; and 

(3) the proposed budget for protection and restoration 

projects, programs, and studies relating to the Columbia River 

Basin. 

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Administrator to carry out this section 

$33,000,000 for each of fiscal years 2012 through 2017, to remain 

available until expended. 

Æ 


tjames on DSKG8SOYB1PROD with REPORTS