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[Senate Report 111-358]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 681
111th Congress  }                                    {           Report
  2d Session    }              SENATE                {          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 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 Columbia 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.
    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 co-sponsors. 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.

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 APPROPRIATIONEstimated 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 enclosed in [black 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.--
                  (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 program 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;
                  (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 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 cross-border 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--
                          (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.

                                  
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