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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3550 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Columbia River Basin Restoration Act 
of 2010''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Columbia River is the largest river in the Pacific 
        Northwest by volume;
            (2) the river is 1,253 miles long, with a drainage basin 
        that includes 259,000 square miles, extending to 7 States and 
        British Columbia, Canada, and including all or part of--
                    (A) multiple national parks;
                    (B) components of the National Wilderness 
                Preservation System;
                    (C) National Monuments;
                    (D) National Scenic Areas;
                    (E) National Recreation Areas; and
                    (F) other areas managed for conservation.
            (3) the Columbia River Basin and associated tributaries 
        (referred to in this Act as the ``Basin'') provide significant 
        ecological and economic benefits to the Pacific Northwest and 
        the entire United States;
            (4) traditionally, the Basin includes more than 6,000,000 
        acres of irrigated agricultural land and produces more 
        hydroelectric power than any other North American river;
            (5) the Basin--
                    (A) historically constituted the largest salmon-
                producing river system in the world, with annual 
                returns peaking at as many as 30,000,000 fish; and
                    (B) as of the date of enactment of this Act--
                            (i) supports economically important 
                        commercial and recreational fisheries; and
                            (ii) is home to 13 species of salmonids and 
                        steelhead that area listed as threatened 
                        species or endangered species under the 
                        Endangered Species Act of 1973 (16 U.S.C. 1531 
                        et seq.);
            (6) the Lower Columbia River Estuary stretches 146 miles 
        from the Bonneville Dam to the mouth of the Pacific Ocean, and 
        much of that area is contaminated with toxic chemicals;
            (7) the Middle and Upper Columbia River Basin includes 
        1,050 miles of the mainstem Columbia River upstream of the 
        Bonneville Dam, including the 1,040 miles of the largest 
        tributary, the Snake River, and all of the tributaries to both 
        rivers;
            (8) toxic contamination in the Basin poses a significant 
        threat to the environment and human health;
            (9) the nuclear and toxic contamination at the Hanford 
        Nuclear Reservation and the toxic contamination at Superfund 
        sites throughout the Basin present an ongoing risk of 
        contamination throughout the Basin;
            (10) polychlorinated biphenyls (commonly known as ``PCBs'') 
        and polycyclic aromatic hydrocarbons that have been found in 
        the tissues of salmonids and their prey at concentrations 
        exceeding levels of concern;
            (11) legacy contaminants, including PCBs and 
        dichlorodiphenyltrichloroethane, the pesticide commonly known 
        as ``DDT'', were banned in 1972, but are still detected in 
        river water, sediments, and juvenile Chinook salmon;
            (12) pesticides and emerging contaminants, such as 
        pharmaceutical and personal care products, have been detected 
        in river water and may have effects including hormone 
        disruption and impacts on behavior and reproduction;
            (13) the Environmental Protection Agency's Columbia River 
        Basin Fish Contaminant Survey detected the presence of 92 
        priority pollutants, including PCBs and DDE (a breakdown of 
        DDT), in fish that are consumed by members of Indian tribes in 
        the Columbia River Basin, as well as by other individuals 
        consuming fish throughout the Columbia River Basin, and a fish 
        consumption survey by the Columbia River Intertribal Fish 
        Commission showed that tribal members were eating 6 to 11 times 
        more fish than the estimated national average of the 
        Environmental Protection Agency;
            (14) toxic contamination in the Middle and Upper Columbia 
        River Basins have a direct impact on water quality in the Lower 
        Columbia River Estuary, and reducing toxic contamination in the 
        Middle and Upper Columbia River Basin can have significant 
        benefits for human health and for fish and wildlife throughout 
        the entire Basin; and
            (15) with regard to the Flathead River Basin, in the 
        easternmost portion of the Columbia River Basin--
                    (A) the Flathead River Basin--
                            (i) has high water quality and aquatic 
                        biodiversity;
                            (ii) supports endangered species and 
                        species of special concern listed under United 
                        States and Canadian law;
                            (iii) contains Flathead Lake, the largest 
                        freshwater lake in the western United States;
                            (iv) is an important wildlife corridor that 
                        is home to the highest density of large and 
                        mid-sized carnivores and the highest diversity 
                        of vascular plant species in the United States; 
                        and
                            (v) supports traditional uses such as 
                        hunting, fishing, recreation, guiding and 
                        outfitting, and logging;
                    (B) the Flathead River originates in British 
                Columbia and drains into the State of Montana;
                    (C) such transboundary waters are protected from 
                pollution under the Treaty Relating to the Boundary 
                Waters and Questions Arising Along the Boundary Between 
                the United States and Canada, signed at Washington on 
                January 11, 1909 (36 Stat. 2448; TS 548) (commonly 
                known as the ``Boundary Waters Treaty of 1909'');
                    (D) in 1988, the International Joint Commission 
                determined that the impacts of mining proposals on the 
                environmental values of the Flathead River Basin, 
                including on water quality, sport fish populations, and 
                habitat, could not be fully mitigated;
                    (E) the Flathead River forms the western and 
                southern boundaries of the world's first International 
                Peace Park, Waterton-Glacier, which was inscribed as a 
                World Heritage Site in 1995 under the auspices of the 
                World Heritage Convention, adopted by the United 
                Nations Educational, Scientific, and Cultural 
                Organization General Conference on November 16, 1972;
                    (F) at the 33rd session of the World Heritage 
                Committee in 2009, Decision 33 COM 7B.22 (Annex 3) 
                2009, the World Heritage Committee urged Canada in 2009 
                not to permit any mining or energy development in the 
                Upper Flathead River Basin until the relevant 
                environmental assessment processes have been completed 
                and to provide timely opportunities for the United 
                States to participate in environmental assessment 
                processes; and
                    (G) on February 18, 2010, British Columbia and 
                Montana entered into a memorandum of understanding--
                            (i) to remove mining and oil and gas 
                        development as permissible land uses in the 
                        Flathead River Basin;
                            (ii) to cooperate on fish and wildlife 
                        management;
                            (iii) to collaborate on environmental 
                        assessment of projects of cross border 
                        significance with the potential to degrade land 
                        or water resources; and
                            (iv) to share information proactively.

SEC. 3. COLUMBIA RIVER BASIN RESTORATION.

    Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.) is amended by adding at the end the following:

``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.''.
                                 <all>
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