I 

113TH CONGRESS 

1ST SESSION H. R. 3414 

To amend the Water Resources Development Act of 2000 with respect to 

ecosystem restoration in the lower Columbia River and Tillamook Bay 

estuaries. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 30, 2013 

Ms. HERRERA BEUTLER (for herself, Mr. BLUMENAUER, Mr. SCHRADER, and 

Ms. BONAMICI) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure, and in addition to the 

Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Water Resources Development Act of 2000 

with respect to ecosystem restoration in the lower Columbia River and Tillamook Bay estuaries. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fundamentally Im5 proving Salmon Habitat Act’’ or the ‘‘FISH Act’’. 

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1 SEC. 2. LOWER COLUMBIA RIVER AND TILLAMOOK BAY 

2 ECOSYSTEM RESTORATION, OREGON AND 

3 WASHINGTON. 

4 Section 536 of the Water Resources Development Act 

5 of 2000 (114 Stat. 2661) is amended as follows: 

6 (1) By amending subsection (a) to read as fol7 lows: 

8 ‘‘(a) IN GENERAL.—The Secretary shall, for the 

9 lower Columbia River and Tillamook Bay estuaries, Or10 egon and Washington— 

11 ‘‘(1) conduct ecosystem restoration projects 

12 with total costs of $2,000,000 or greater per project, 

13 and studies relating to such projects; and 

14 ‘‘(2) in accordance with an allocation plan sub15 mitted under subsection (h)(1), provide grants for 

16 ecosystem restoration projects with total costs of less 

17 than $2,000,000 per project— 

18 ‘‘(A) in the case of projects for the lower 

19 Columbia River estuary, except as provided in 

20 subparagraph (B), to the Lower Columbia Es21 tuary Partnership; 

22 ‘‘(B) in the case of projects for the lower 

23 Columbia River mainstem tributaries in Wash24 ington, to the Lower Columbia Fish Recovery 

25 Board; and 

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1 ‘‘(C) in the case of projects for the 

2 Tillamook Bay estuary, to the Tillamook Estu3 aries Partnership.’’. 

4 (2) In subsection (b)— 

5 (A) by amending paragraph (1)(A) to read 

6 as follows: 

7 ‘‘(A) IN GENERAL.—In carrying out, or 

8 providing grants for, ecosystem restoration 

9 projects for the lower Columbia River estuary 

10 under this section, the Secretary shall use as a 

11 guide, or ensure such use of— 

12 ‘‘(i) the comprehensive conservation 

13 and management plan developed by the 

14 Lower Columbia Estuary Partnership 

15 under section 320 of the Federal Water 

16 Pollution Control Act (33 U.S.C. 1330); 

17 and 

18 ‘‘(ii) except in the case of projects for 

19 the lower Columbia River mainstem tribu20 taries, the lower Columbia River recovery 

21 plans developed under, and the Columbia 

22 River estuary recovery plan module devel23 oped pursuant to, section 4 of the Endan24 gered Species Act (16 U.S.C. 1533).’’; 

25 (B) in paragraph (1)(B)— 

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1 (i) by striking ‘‘The Secretary’’ and 

2 inserting the following: 

3 ‘‘(i) LARGE PROJECTS.—The Sec4 retary’’; 

5 (ii) by striking ‘‘and the Forest Serv6 ice’’ and inserting ‘‘the Forest Service, the 

7 Lower Columbia Estuary Partnership, and, 

8 as applicable, the Lower Columbia Fish 

9 Recovery Board’’; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(ii) SMALL PROJECTS.—The Sec13 retary shall ensure that ecosystem restora14 tion projects for the lower Columbia River 

15 estuary carried out by the Lower Columbia 

16 Estuary Partnership or the Lower Colum17 bia Fish Recovery Board using grants pro18 vided under this section are carried out in 

19 consultation with the Governors of the 

20 States of Oregon and Washington, as ap21 plicable, and the heads of appropriate In22 dian tribes, the Environmental Protection 

23 Agency, the United States Fish and Wild24 life Service, the National Marine Fisheries 

25 Service, and the Forest Service.’’; 

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1 (C) by amending paragraph (2)(A) to read 

2 as follows: 

3 ‘‘(A) IN GENERAL.—In carrying out, or 

4 providing grants for, ecosystem restoration 

5 projects for the Tillamook Bay estuary under 

6 this section, the Secretary shall use as a guide, 

7 or ensure such use of, the comprehensive con8 servation and management plan developed by 

9 the Tillamook Estuaries Partnership under sec10 tion 320 of the Federal Water Pollution Control 

11 Act (33 U.S.C. 1330).’’; and 

12 (D) in paragraph (2)(B)— 

13 (i) by striking ‘‘The Secretary’’ and 

14 inserting the following: 

15 ‘‘(i) LARGE PROJECTS.—The Sec16 retary’’; 

17 (ii) by striking ‘‘and the Forest Serv18 ice’’ and inserting ‘‘the Forest Service, and 

19 the Tillamook Estuaries Partnership’’; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(ii) SMALL PROJECTS.—The Sec23 retary shall ensure that ecosystem restora24 tion projects for the Tillamook Bay estuary 

25 carried out by the Tillamook Estuaries 

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1 Partnership using grants provided under 

2 this section are carried out in consultation 

3 with the Governor of the State of Oregon 

4 and the heads of appropriate Indian tribes, 

5 the Environmental Protection Agency, the 

6 United States Fish and Wildlife Service, 

7 the National Marine Fisheries Service, and 

8 the Forest Service.’’. 

9 (3) In subsection (c)— 

10 (A) in paragraph (1)— 

11 (i) by striking ‘‘In carrying out’’ and 

12 inserting the following: 

13 ‘‘(A) LARGE PROJECTS.—In carrying out’’; 

14 and 

15 (ii) by adding at the end the fol16 lowing: 

17 ‘‘(B) SMALL PROJECTS.—In providing 

18 grants to carry out ecosystem restoration 

19 projects under this section, the Secretary shall 

20 provide funding and technical assistance to each 

21 lead entity for activities necessary to protect, 

22 monitor, and restore fish and wildlife habitat.’’; 

23 (B) in paragraph (2)— 

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1 (i) in the matter preceding subpara2 graph (A), by inserting ‘‘, or provide 

3 grants for,’’ after ‘‘carry out’’; 

4 (ii) in subparagraph (A)— 

5 (I) by inserting ‘‘fish and wildlife 

6 habitat,’’ before ‘‘navigation’’; and 

7 (II) by striking ‘‘; or’’ and insert8 ing a semicolon; 

9 (iii) in subparagraph (B), by striking 

10 the period at the end and inserting ‘‘; or’’; 

11 and 

12 (iv) by adding at the end the fol13 lowing: 

14 ‘‘(C) drinking water.’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(3) EASEMENTS.—A project carried out, or for 

17 which a grant is provided, under this section may be 

18 carried out on private property through the use of 

19 an easement.’’. 

20 (4) By amending subsection (d) to read as fol21 lows: 

22 ‘‘(d) PRIORITY.—In determining the priority of 

23 projects to be carried out under this section— 

24 ‘‘(1) for projects carried out by the Secretary, 

25 the Secretary shall consult with the applicable lead 

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1 entities, and shall consider the recommendations of 

2 such entities; and 

3 ‘‘(2) the lead entities shall follow priorities set 

4 in the comprehensive conservation and management 

5 plans and the recovery plans and module described 

6 in subsection (b), as applicable.’’. 

7 (5) In subsection (e)— 

8 (A) in paragraph (2)(A)— 

9 (i) by striking ‘‘Non-Federal inter10 ests’’ and inserting the following: 

11 ‘‘(i) LARGE PROJECTS.—Non-Federal 

12 interests’’; 

13 (ii) by inserting ‘‘by the Secretary’’ 

14 after ‘‘carried out’’; and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(ii) SMALL PROJECTS.—The Federal 

18 share of the cost of any project carried out 

19 using funds from a grant provided to a 

20 lead entity under this section— 

21 ‘‘(I) shall not exceed 75 percent 

22 of the total cost of the project; and 

23 ‘‘(II) shall be made on condition 

24 that the non-Federal share of that 

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1 total cost shall be provided from non2 Federal sources.’’; and 

3 (B) in paragraphs (3) and (4), by inserting 

4 ‘‘by the Secretary, or using funds provided,’’ 

5 after ‘‘carried out’’ each place it appears. 

6 (6) By redesignating subsections (f) and (g) as 

7 subsections (g) and (h), respectively, and inserting 

8 after subsection (e) the following: 

9 ‘‘(f) ANNUAL ALLOCATIONS.— 

10 ‘‘(1) ALLOCATION PLANS.—For each fiscal 

11 year, the lead entities shall jointly submit to the Sec12 retary a plan to allocate among the lead entities 

13 funding available for the fiscal year under subsection 

14 (h)(2)(B). 

15 ‘‘(2) REPORTS.—Each lead entity shall report 

16 annually to the Secretary on the use of funds pro17 vided to the entity by a grant under this section.’’. 

18 (7) In subsection (g) (as redesignated by para19 graph (6))— 

20 (A) by redesignating paragraphs (1) and 

21 (2) as paragraphs (2) and (4), respectively; 

22 (B) by inserting before paragraph (2) (as 

23 so redesignated) the following: 

24 ‘‘(1) LEAD ENTITY.—The term ‘lead entity’ 

25 means the Lower Columbia Estuary Partnership, 

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1 the Tillamook Estuaries Partnership, or the Lower 

2 Columbia Fish Recovery Board.’’; and 

3 (C) by inserting after paragraph (2) (as so 

4 redesignated) the following: 

5 ‘‘(3) LOWER COLUMBIA RIVER MAINSTEM TRIB6 UTARIES.—The term ‘lower Columbia River 

7 mainstem tributaries’ means those mainstem tribu8 taries, exclusive of sub-tributaries, of the Columbia 

9 River west of Bonneville Dam.’’. 

10 (8) In subsection (h) (as redesignated by para11 graph (6))— 

12 (A) by striking ‘‘There is authorized’’ and 

13 inserting the following: 

14 ‘‘(1) IN GENERAL.—There is authorized’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(2) PROJECT FUNDING RATIO.—Of the funds 

17 appropriated under this subsection for each fiscal 

18 year, beginning on the date of enactment of this 

19 paragraph, the Secretary shall use— 

20 ‘‘(A) 75 percent for activities described in 

21 subsection (a)(1); and 

22 ‘‘(B) 25 percent for activities described in 

23 subsection (a)(2).’’. 

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