II 

111TH CONGRESS 

2D SESSION S. 3550 

To amend the Federal Water Pollution Control Act to establish within the 

Environmental Protection Agency a Columbia Basin Restoration Program. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2010 

Mr. MERKLEY (for himself, Mr. CRAPO, Mr. BAUCUS, Mr. TESTER, and Mr. 

WYDEN) introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To amend the Federal Water Pollution Control Act to establish within the Environmental Protection Agency a Columbia Basin Restoration Program. 

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 ‘‘Columbia River Basin 

5 Restoration Act of 2010’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the Columbia River is the largest river in 

9 the Pacific Northwest by volume; 


tjames on DSKG8SOYB1PROD with BILLS
2 

•S 3550 IS

1 (2) the river is 1,253 miles long, with a drain2 age basin that includes 259,000 square miles, ex3 tending to 7 States and British Columbia, Canada, 

4 and including all or part of— 

5 (A) multiple national parks; 

6 (B) components of the National Wilderness 

7 Preservation System; 

8 (C) National Monuments; 

9 (D) National Scenic Areas; 

10 (E) National Recreation Areas; and 

11 (F) other areas managed for conservation. 

12 (3) the Columbia River Basin and associated 

13 tributaries (referred to in this Act as the ‘‘Basin’’) 

14 provide significant ecological and economic benefits 

15 to the Pacific Northwest and the entire United 

16 States; 

17 (4) traditionally, the Basin includes more than 

18 6,000,000 acres of irrigated agricultural land and 

19 produces more hydroelectric power than any other 

20 North American river; 

21 (5) the Basin— 

22 (A) historically constituted the largest 

23 salmon-producing river system in the world, 

24 with annual returns peaking at as many as 

25 30,000,000 fish; and 


tjames on DSKG8SOYB1PROD with BILLS
3 

•S 3550 IS

1 (B) as of the date of enactment of this 

2 Act— 

3 (i) supports economically important 

4 commercial and recreational fisheries; and 

5 (ii) is home to 13 species of salmonids 

6 and steelhead that area listed as threat7 ened species or endangered species under 

8 the Endangered Species Act of 1973 (16 

9 U.S.C. 1531 et seq.); 

10 (6) the Lower Columbia River Estuary 

11 stretches 146 miles from the Bonneville Dam to the 

12 mouth of the Pacific Ocean, and much of that area 

13 is contaminated with toxic chemicals; 

14 (7) the Middle and Upper Columbia River 

15 Basin includes 1,050 miles of the mainstem Colum16 bia River upstream of the Bonneville Dam, including 

17 the 1,040 miles of the largest tributary, the Snake 

18 River, and all of the tributaries to both rivers; 

19 (8) toxic contamination in the Basin poses a 

20 significant threat to the environment and human 

21 health; 

22 (9) the nuclear and toxic contamination at the 

23 Hanford Nuclear Reservation and the toxic contami24 nation at Superfund sites throughout the Basin 


tjames on DSKG8SOYB1PROD with BILLS
4 

•S 3550 IS

1 present an ongoing risk of contamination throughout 

2 the Basin; 

3 (10) polychlorinated biphenyls (commonly 

4 known as ‘‘PCBs’’) and polycyclic aromatic hydro5 carbons that have been found in the tissues of 

6 salmonids and their prey at concentrations exceeding 

7 levels of concern; 

8 (11) legacy contaminants, including PCBs and 

9 dichlorodiphenyltrichloroethane, the pesticide com10 monly known as ‘‘DDT’’, were banned in 1972, but 

11 are still detected in river water, sediments, and juve12 nile Chinook salmon; 

13 (12) pesticides and emerging contaminants, 

14 such as pharmaceutical and personal care products, 

15 have been detected in river water and may have ef16 fects including hormone disruption and impacts on 

17 behavior and reproduction; 

18 (13) the Environmental Protection Agency’s 

19 Columbia River Basin Fish Contaminant Survey de20 tected the presence of 92 priority pollutants, includ21 ing PCBs and DDE (a breakdown of DDT), in fish 

22 that are consumed by members of Indian tribes in 

23 the Columbia River Basin, as well as by other indi24 viduals consuming fish throughout the Columbia 

25 River Basin, and a fish consumption survey by the 


tjames on DSKG8SOYB1PROD with BILLS
5 

•S 3550 IS

1 Columbia River Intertribal Fish Commission showed 

2 that tribal members were eating 6 to 11 times more 

3 fish than the estimated national average of the Envi4 ronmental Protection Agency; 

5 (14) toxic contamination in the Middle and 

6 Upper Columbia River Basins have a direct impact 

7 on water quality in the Lower Columbia River Estu8 ary, and reducing toxic contamination in the Middle 

9 and Upper Columbia River Basin can have signifi10 cant benefits for human health and for fish and 

11 wildlife throughout the entire Basin; and 

12 (15) with regard to the Flathead River Basin, 

13 in the easternmost portion of the Columbia River 

14 Basin— 

15 (A) the Flathead River Basin— 

16 (i) has high water quality and aquatic 

17 biodiversity; 

18 (ii) supports endangered species and 

19 species of special concern listed under 

20 United States and Canadian law; 

21 (iii) contains Flathead Lake, the larg22 est freshwater lake in the western United 

23 States; 

24 (iv) is an important wildlife corridor 

25 that is home to the highest density of large 


tjames on DSKG8SOYB1PROD with BILLS
6 

•S 3550 IS

1 and mid-sized carnivores and the highest 

2 diversity of vascular plant species in the 

3 United States; and 

4 (v) supports traditional uses such as 

5 hunting, fishing, recreation, guiding and 

6 outfitting, and logging; 

7 (B) the Flathead River originates in Brit8 ish Columbia and drains into the State of Mon9 tana; 

10 (C) such transboundary waters are pro11 tected from pollution under the Treaty Relating 

12 to the Boundary Waters and Questions Arising 

13 Along the Boundary Between the United States 

14 and Canada, signed at Washington on January 

15 11, 1909 (36 Stat. 2448; TS 548) (commonly 

16 known as the ‘‘Boundary Waters Treaty of 

17 1909’’); 

18 (D) in 1988, the International Joint Com19 mission determined that the impacts of mining 

20 proposals on the environmental values of the 

21 Flathead River Basin, including on water qual22 ity, sport fish populations, and habitat, could 

23 not be fully mitigated; 

24 (E) the Flathead River forms the western 

25 and southern boundaries of the world’s first 


tjames on DSKG8SOYB1PROD with BILLS
7 

•S 3550 IS

1 International Peace Park, Waterton–Glacier, 

2 which was inscribed as a World Heritage Site 

3 in 1995 under the auspices of the World Herit4 age Convention, adopted by the United Nations 

5 Educational, Scientific, and Cultural Organiza6 tion General Conference on November 16, 

7 1972; 

8 (F) at the 33rd session of the World Her9 itage Committee in 2009, Decision 33 COM 

10 7B.22 (Annex 3) 2009, the World Heritage 

11 Committee urged Canada in 2009 not to permit 

12 any mining or energy development in the Upper 

13 Flathead River Basin until the relevant environ14 mental assessment processes have been com15 pleted and to provide timely opportunities for 

16 the United States to participate in environ17 mental assessment processes; and 

18 (G) on February 18, 2010, British Colum19 bia and Montana entered into a memorandum 

20 of understanding— 

21 (i) to remove mining and oil and gas 

22 development as permissible land uses in 

23 the Flathead River Basin; 

24 (ii) to cooperate on fish and wildlife 

25 management; 


tjames on DSKG8SOYB1PROD with BILLS
8 

•S 3550 IS

1 (iii) to collaborate on environmental 

2 assessment of projects of cross border sig3 nificance with the potential to degrade 

4 land or water resources; and 

5 (iv) to share information proactively. 

6 SEC. 3. COLUMBIA RIVER BASIN RESTORATION. 

7 Title I of the Federal Water Pollution Control Act 

8 (33 U.S.C. 1251 et seq.) is amended by adding at the end 

9 the following: 

10 ‘‘SEC. 123. COLUMBIA RIVER BASIN RESTORATION. 

11 ‘‘(a) DEFINITIONS.— 

12 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis13 trator’ means the Administrator of the Environ14 mental Protection Agency. 

15 ‘‘(2) COLUMBIA RIVER BASIN.—The term ‘Co16 lumbia River Basin’ means the entire United States 

17 portion of the Columbia River watershed. 

18 ‘‘(3) COLUMBIA RIVER BASIN PROVINCES.—The 

19 term ‘Columbia River Basin Provinces’ means the 

20 United States portion of each of the Columbia River 

21 Basin Provinces identified in the Fish and Wildlife 

22 Plan of the Northwest Power and Conservation 

23 Council. 

24 ‘‘(4) COLUMBIA RIVER BASIN TOXICS REDUC25 TION ACTION PLAN.— 


tjames on DSKG8SOYB1PROD with BILLS
9 

•S 3550 IS

1 ‘‘(A) IN GENERAL.—The term ‘Columbia 

2 River Basin Toxics Reduction Action Plan’ 

3 means the plan developed by the Environmental 

4 Protection Agency and the Columbia River 

5 Toxics Reduction Working Group in 2010. 

6 ‘‘(B) INCLUSIONS.—The term ‘Columbia 

7 River Basin Toxics Reduction Action Plan’ in8 cludes any amendments to the plan. 

9 ‘‘(5) ESTUARY PARTNERSHIP.—The term ‘Es10 tuary Partnership’ means the Lower Columbia River 

11 Estuary Partnership, an entity created by the States 

12 of Oregon and Washington and the Environmental 

13 Protection Agency under section 320. 

14 ‘‘(6) ESTUARY PLAN.— 

15 ‘‘(A) IN GENERAL.—The term ‘Estuary 

16 Plan’ means the Estuary Partnership Com17 prehensive Conservation and Management Plan 

18 adopted by the Environmental Protection Agen19 cy and the Governors of Oregon and Wash20 ington on October 20, 1999, under section 320. 

21 ‘‘(B) INCLUSIONS.—The term ‘Estuary 

22 Plan’ includes any amendments to the plan. 

23 ‘‘(7) LOWER COLUMBIA RIVER ESTUARY.—The 

24 term ‘Lower Columbia River Basin and Estuary’ 

25 means the mainstem Columbia River from the BonVerDate Mar 15 2010 05:59 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3550.IS S3550

tjames on DSKG8SOYB1PROD with BILLS
10 

•S 3550 IS

1 neville Dam to the Pacific Ocean and tidally influ2 enced portions of tributaries to the Columbia River 

3 in that region. 

4 ‘‘(8) MIDDLE AND UPPER COLUMBIA RIVER

5 BASIN.— 

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

7 Upper Columbia River Basin’ means the region 

8 consisting of the United States portion of the 

9 Columbia River Basin above Bonneville Dam. 

10 ‘‘(B) INCLUSIONS.—The term ‘Middle and 

11 Upper Columbia River Basin’ includes— 

12 ‘‘(i) the Snake River and associated 

13 tributaries; and 

14 ‘‘(ii) the Clark Fork and Pend Oreille 

15 Rivers and associated tributaries. 

16 ‘‘(9) NORTH FORK OF THE FLATHEAD RIVER.— 

17 The term ‘North Fork of the Flathead River’ means 

18 the region consisting of the North Fork of the Flat19 head River watershed, beginning in British Colum20 bia, Canada, ending at the confluence of the North 

21 Fork and the Middle Fork of the Flathead River in 

22 the State of Montana. 

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

24 the Columbia River Basin Restoration Program es25 tablished under subsection (b)(1). 


tjames on DSKG8SOYB1PROD with BILLS
11 

•S 3550 IS

1 ‘‘(11) TRANSBOUNDARY FLATHEAD RIVER

2 BASIN.—The term ‘transboundary Flathead River 

3 Basin’ means the region consisting of the Flathead 

4 River watershed, beginning in British Columbia, 

5 Canada, and ending at Flathead Lake, Montana. 

6 ‘‘(12) WORKING GROUP.—The term ‘Working 

7 Group’ means— 

8 ‘‘(A) the Columbia River Basin Toxics Re9 duction Working Group established under sub10 section (c); and 

11 ‘‘(B) with respect to the Lower Columbia 

12 River Estuary, the Estuary Partnership. 

13 ‘‘(b) COLUMBIA RIVER BASIN RESTORATION PRO14 GRAM.— 

15 ‘‘(1) ESTABLISHMENT.—The Administrator 

16 shall establish within the Environmental Protection 

17 Agency a Columbia Basin Restoration Program. 

18 ‘‘(2) DELEGATION OF AUTHORITY; STAFFING.— 

19 The Administrator shall delegate such authority and 

20 provide such additional staff as are necessary to 

21 carry out the Program. 

22 ‘‘(3) SCOPE OF PROGRAM.— 

23 ‘‘(A) IN GENERAL.—The Program shall 

24 consist of a collaborative stakeholder-based apVerDate Mar 15 2010 05:59 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3550.IS S3550

tjames on DSKG8SOYB1PROD with BILLS
12 

•S 3550 IS

1 proach to reducing toxic contamination 

2 throughout the Columbia River Basin. 

3 ‘‘(B) RELATIONSHIP TO EXISTING ACTIVI4 TIES.—The Program shall— 

5 ‘‘(i) build on the work and collabo6 rative structure of the existing Columbia 

7 River Toxics Reduction Working Group 

8 representing the Federal Government, 

9 State, tribal, and local governments, indus10 try, and nongovernmental organizations, 

11 which was convened in 2005 to develop a 

12 collaborative toxic contamination reduction 

13 approach for the Columbia River Basin; 

14 ‘‘(ii) in the Lower Columbia River 

15 Basin and Estuary, build on the work and 

16 collaborative structure of the Estuary 

17 Partnership; and 

18 ‘‘(iii) coordinate with other efforts, in19 cluding activities of other Federal agencies 

20 in the Columbia River Basin, to avoid du21 plicating activities or functions. 

22 ‘‘(C) NO EFFECT ON EXISTING AUTHOR23 ITY.—The Program shall not modify any legal 

24 or regulatory authority or program in effect as 

25 of the date of enactment of this section, includVerDate Mar 15 2010 05:59 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3550.IS S3550

tjames on DSKG8SOYB1PROD with BILLS
13 

•S 3550 IS

1 ing the roles of Federal agencies in the Colum2 bia River Basin. 

3 ‘‘(4) DUTIES.—The Administrator shall— 

4 ‘‘(A) provide the Working Group with 

5 data, analysis, reports, or other information; 

6 ‘‘(B) provide technical assistance to the 

7 Working Group, and to States, local govern8 ment entities, and Indian tribes participating in 

9 the Working Group, to assist those agencies 

10 and entities in— 

11 ‘‘(i) planning or evaluating potential 

12 projects; 

13 ‘‘(ii) implementing plans; 

14 ‘‘(iii) implementing projects; and 

15 ‘‘(iv) monitoring and evaluating the 

16 effectiveness of projects and the implemen17 tation of plans and projects; 

18 ‘‘(C) provide information to the Working 

19 Group on plans already developed by the Ad20 ministrator or by other Federal agencies to en21 able the Working Group to avoid unnecessary 

22 or duplicative projects or activities; 

23 ‘‘(D) provide coordination with other Fed24 eral agencies to avoid duplication of activities or 

25 functions; 


tjames on DSKG8SOYB1PROD with BILLS
14 

•S 3550 IS

1 ‘‘(E)(i) complete and periodically update 

2 the Columbia River Basin Toxics Reduction Ac3 tion Plan and the Estuary Plan; and 

4 ‘‘(ii) ensure that those plans, when consid5 ered together and in light of relevant plans de6 veloped by other Federal or State agencies, 

7 form a coherent toxic contamination reduction 

8 strategy for the entire Columbia River Basin; 

9 and 

10 ‘‘(F) implement, including by providing 

11 grants pursuant to subsection (e), projects and 

12 conduct activities, including monitoring, assess13 ment, and toxic contamination reduction activi14 ties, that are— 

15 ‘‘(i) identified by the Working Group; 

16 ‘‘(ii) included in the Columbia River 

17 Basin Toxics Reduction Action Plan and 

18 the Estuary Plan; or 

19 ‘‘(iii) identified under subsection (d) 

20 and located in the Transboundary Flat21 head River Basin. 

22 ‘‘(c) STAKEHOLDER WORKING GROUP.— 

23 ‘‘(1) ESTABLISHMENT.—The Administrator 

24 shall establish a Columbia River Basin Toxics Re25 duction Working Group. 


tjames on DSKG8SOYB1PROD with BILLS
15 

•S 3550 IS

1 ‘‘(2) MEMBERSHIP.—The members of the 

2 Working Group shall include, at a minimum, rep3 resentatives of— 

4 ‘‘(A) each State located in whole or in part 

5 within the Columbia River Basin; 

6 ‘‘(B) each Indian tribe with legally defined 

7 rights and authorities in the Columbia River 

8 Basin that elects to participate on the Working 

9 Group; 

10 ‘‘(C) local governments located in the Co11 lumbia River Basin; 

12 ‘‘(D) industries operating in the Columbia 

13 River Basin that affect or could affect water 

14 quality; 

15 ‘‘(E) electric, water, and wastewater utili16 ties operating in the Columba River Basin; 

17 ‘‘(F) private landowners in the Columbia 

18 River Basin; 

19 ‘‘(G) soil and water conservation districts 

20 in the Columbia River Basin; 

21 ‘‘(H) environmental organizations that 

22 have a presence in the Columbia River Basin; 

23 and 

24 ‘‘(I) the general public in the Columbia 

25 River Basin. 


tjames on DSKG8SOYB1PROD with BILLS
16 

•S 3550 IS

1 ‘‘(3) GEOGRAPHIC REPRESENTATION.—The 

2 Working Group shall include representation from 

3 each of the Columbia River Basin Provinces located 

4 in the Columbia River Basin. 

5 ‘‘(4) APPOINTMENT.— 

6 ‘‘(A) NONTRIBAL MEMBERS.—The Admin7 istrator, with the consent of the Governor of 

8 each State located in whole or in part within 

9 the Columbia River Basin, shall appoint non10 tribal members of the Working Group not later 

11 than 180 days after the date of enactment of 

12 this section. 

13 ‘‘(B) TRIBAL MEMBERS.—The governing 

14 body of each Indian tribe described in para15 graph (2)(B) shall appoint tribal members of 

16 the Working Group not later than 180 days 

17 after the date of enactment of this section. 

18 ‘‘(5) DUTIES.—The Working Group shall— 

19 ‘‘(A) assess trends in water quality and 

20 toxic contamination or toxics reduction, includ21 ing trends that affect uses of the water of the 

22 Columbia River Basin; 

23 ‘‘(B) collect, characterize, and assess data 

24 on toxics and water quality to identify possible 

25 causes of environmental problems; 


tjames on DSKG8SOYB1PROD with BILLS
17 

•S 3550 IS

1 ‘‘(C) develop periodic updates to the Co2 lumbia River Basin Toxics Reduction Action 

3 Plan and, in the Estuary, the Estuary Plan; 

4 ‘‘(D) submit to the Administrator annually 

5 a prioritized list of projects, including moni6 toring, assessment, and toxic contamination re7 duction projects, that would implement the Co8 lumbia River Basin Toxics Reduction Action 

9 Plan or, in the Lower Columbia River Estuary, 

10 the Estuary Plan, for consideration for funding 

11 pursuant to subsection (e); and 

12 ‘‘(E) monitor the effectiveness of actions 

13 taken pursuant to this section. 

14 ‘‘(6) LOWER COLUMBIA RIVER ESTUARY.—In 

15 the Lower Columbia River Estuary, the Estuary 

16 Partnership shall function as the Working Group 

17 and execute the duties of the Working Group de18 scribed in this subsection for such time as the Estu19 ary Partnership is the management conference for 

20 the Lower Columbia River National Estuary Pro21 gram. 

22 ‘‘(7) PARTICIPATION BY STATES.—At the dis23 cretion of the Governor of a State, the State— 


tjames on DSKG8SOYB1PROD with BILLS
18 

•S 3550 IS

1 ‘‘(A) may elect not to participate in the 

2 Working Group established under this para3 graph; and 

4 ‘‘(B) may provide comments to the Admin5 istrator on the prioritized list of projects sub6 mitted pursuant to paragraph (5)(D). 

7 ‘‘(d) TRANSBOUNDARY FLATHEAD RIVER BASIN.— 

8 ‘‘(1) SHORT TITLE.—This subsection may be 

9 cited as the ‘Transboundary Flathead River Basin 

10 Protection Act of 2010’. 

11 ‘‘(2) ACTION BY PRESIDENT.—The President 

12 shall take steps to preserve and protect the unique, 

13 pristine area of the transboundary Flathead River, 

14 with a particular focus on the North Fork of the 

15 Flathead River. 

16 ‘‘(3) TRANSBOUNDARY COOPERATION.—In tak17 ing such steps, the President may engage in negotia18 tions with the Government of Canada to establish an 

19 executive agreement, or other appropriate tool, to 

20 ensure permanent protection for the North Fork of 

21 the Flathead River watershed and the adjacent area 

22 of Glacier-Waterton National Park. 

23 ‘‘(4) PARTICIPATION IN COOPERATIVE EF24 FORTS.— 


tjames on DSKG8SOYB1PROD with BILLS
19 

•S 3550 IS

1 ‘‘(A) IN GENERAL.—The President may 

2 participate in cross-border collaborations with 

3 Canada on environmental assessments of any 

4 project of cross-border significance that has the 

5 potential to degrade land or water resources by 

6 providing for on-going involvement of appro7 priate Federal agencies of the United States in 

8 such assessments. 

9 ‘‘(B) COLLABORATION.—In carrying out 

10 subparagraph (A), the President shall include 

11 in collaborations under that subparagraph ap12 propriate Federal agencies, such as— 

13 ‘‘(i) the Environmental Protection 

14 Agency; 

15 ‘‘(ii) the Department of Interior; 

16 ‘‘(iii) the United States Fish and 

17 Wildlife Service; 

18 ‘‘(iv) the National Park Service; 

19 ‘‘(v) the Forest Service; and 

20 ‘‘(vi) such other agencies as the Presi21 dent determines to be appropriate. 

22 ‘‘(5) ASSESSMENTS AND PROJECTS.—The 

23 President, acting through the Administrator, may 

24 provide grants under subsection (e) for the following 

25 purposes: 


tjames on DSKG8SOYB1PROD with BILLS
20 

•S 3550 IS

1 ‘‘(A) Developing baseline environmental 

2 conditions in the transboundary Flathead River 

3 Basin. 

4 ‘‘(B) Assessing the impact of any proposed 

5 projects on the natural resources, water quality, 

6 wildlife, or environmental conditions in the 

7 transboundary Flathead River Basin. 

8 ‘‘(C) Implementation of transboundary co9 operative efforts identified by the governments 

10 of the United States and Canada under sub11 section (b)(2). 

12 ‘‘(D) Projects to protect and preserve the 

13 natural resources, water quality, wildlife, and 

14 environmental conditions in the transboundary 

15 Flathead River Basin. 

16 ‘‘(e) GRANTS.— 

17 ‘‘(1) IN GENERAL.—The Administrator may 

18 provide grants to State and regional water pollution 

19 control agencies and entities, other State and local 

20 government entities, Indian tribes, nonprofit private 

21 agencies, institutions, organizations, and individuals 

22 for use in paying costs incurred in carrying out ac23 tivities that would develop or implement plans or 

24 projects updated, developed, or authorized under this 


tjames on DSKG8SOYB1PROD with BILLS
21 

•S 3550 IS

1 section (including for purposes described in sub2 section (d)(4)). 

3 ‘‘(2) FEDERAL SHARE.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (B), the Federal share of the cost 

6 of any project or activity carried out using 

7 funds from a grant provided to any person (in8 cluding a State, interstate, or regional agency, 

9 an Indian tribe, or a local government entity) 

10 under this subsection for a fiscal year— 

11 ‘‘(i) shall not exceed 75 percent of the 

12 total cost of the project or activity; and 

13 ‘‘(ii) shall be made on condition that 

14 the non-Federal share of that total cost 

15 shall be provided from non-Federal 

16 sources. 

17 ‘‘(B) EXCEPTIONS.—With respect to cost18 sharing for a grant provided under this sub19 section— 

20 ‘‘(i) an Indian tribe may use Federal 

21 funds for the non-Federal share; and 

22 ‘‘(ii) the Administrator may increase 

23 the Federal share under such cir24 cumstances as the Administrator deter25 mines to be appropriate. 


tjames on DSKG8SOYB1PROD with BILLS
22 

•S 3550 IS

1 ‘‘(3) ALLOCATION.—In making grants using 

2 funds appropriated to carry out this section for fis3 cal years 2012 and 2013, the Administrator shall 

4 use— 

‘‘(A) not less than 1 5 ⁄3 of the funds to make 

6 grants for projects, programs, and studies in 

7 the Lower Columbia River Estuary; and 

‘‘(B) not less than 1 8 ⁄3 of the funds to make 

9 grants for projects, programs, and studies in 

10 the Middle and Upper Columbia River Basin. 

11 ‘‘(4) REPORTING.—Not later than 18 months 

12 after the date of receipt of a grant under this sub13 section, and biennially thereafter for the duration of 

14 the grant, a person (including a State, interstate, or 

15 regional agency, an Indian tribe, or a local govern16 ment entity) that receives a grant under this sub17 section shall submit to the Administrator a report 

18 that describes the progress being made in achieving 

19 the purposes of this section using funds from the 

20 grant. 

21 ‘‘(f) ANNUAL BUDGET PLAN.—The President, as 

22 part of the annual budget submission of the President to 

23 Congress under section 1105(a) of title 31, United States 

24 Code, shall submit information regarding each Federal 

25 agency involved in protection and restoration of the CoVerDate Mar 15 2010 05:59 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S3550.IS S3550

tjames on DSKG8SOYB1PROD with BILLS
23 

•S 3550 IS

1 lumbia River Basin, including an interagency crosscut 

2 budget that displays for each Federal agency— 

3 ‘‘(1) the amounts obligated for the preceding 

4 fiscal year for protection and restoration projects, 

5 programs, and studies relating to the Columbia 

6 River Basin; 

7 ‘‘(2) the estimated budget for the current fiscal 

8 year for protection and restoration projects, pro9 grams, and studies relating to the Columbia River 

10 Basin; and 

11 ‘‘(3) the proposed budget for protection and 

12 restoration projects, programs, and studies relating 

13 to the Columbia River Basin. 

14 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

15 is authorized to be appropriated to the Administrator to 

16 carry out this section $33,000,000 for each of fiscal years 

17 2012 through 2017, to remain available until expended.’’. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS