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 deter-
mined 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 Colum-
bia River and Tillamook Bay estuaries. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fundamentally Im-
proving Salmon Habitat Act’’ or the ‘‘FISH Act’’. 
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SEC. 2. LOWER COLUMBIA RIVER AND TILLAMOOK BAY 
ECOSYSTEM 
RESTORATION, 
OREGON 
AND 
WASHINGTON. 
Section 536 of the Water Resources Development Act 
of 2000 (114 Stat. 2661) is amended as follows: 
(1) By amending subsection (a) to read as fol-
lows: 
‘‘(a) IN GENERAL.—The Secretary shall, for the 
lower Columbia River and Tillamook Bay estuaries, Or-
egon and Washington— 
‘‘(1) conduct ecosystem restoration projects 
with total costs of $2,000,000 or greater per project, 
and studies relating to such projects; and 
‘‘(2) in accordance with an allocation plan sub-
mitted under subsection (h)(1), provide grants for 
ecosystem restoration projects with total costs of less 
than $2,000,000 per project— 
‘‘(A) in the case of projects for the lower 
Columbia River estuary, except as provided in 
subparagraph (B), to the Lower Columbia Es-
tuary Partnership; 
‘‘(B) in the case of projects for the lower 
Columbia River mainstem tributaries in Wash-
ington, to the Lower Columbia Fish Recovery 
Board; and 
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‘‘(C) in the case of projects for the 
Tillamook Bay estuary, to the Tillamook Estu-
aries Partnership.’’. 
(2) In subsection (b)— 
(A) by amending paragraph (1)(A) to read 
as follows: 
‘‘(A) IN
GENERAL.—In carrying out, or 
providing grants for, ecosystem restoration 
projects for the lower Columbia River estuary 
under this section, the Secretary shall use as a 
guide, or ensure such use of— 
‘‘(i) the comprehensive conservation 
and management plan developed by the 
Lower 
Columbia 
Estuary 
Partnership 
under section 320 of the Federal Water 
Pollution Control Act (33 U.S.C. 1330); 
and 
‘‘(ii) except in the case of projects for 
the lower Columbia River mainstem tribu-
taries, the lower Columbia River recovery 
plans developed under, and the Columbia 
River estuary recovery plan module devel-
oped pursuant to, section 4 of the Endan-
gered Species Act (16 U.S.C. 1533).’’; 
(B) in paragraph (1)(B)— 
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(i) by striking ‘‘The Secretary’’ and 
inserting the following: 
‘‘(i) LARGE
PROJECTS.—The Sec-
retary’’; 
(ii) by striking ‘‘and the Forest Serv-
ice’’ and inserting ‘‘the Forest Service, the 
Lower Columbia Estuary Partnership, and, 
as applicable, the Lower Columbia Fish 
Recovery Board’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) SMALL
PROJECTS.—The Sec-
retary shall ensure that ecosystem restora-
tion projects for the lower Columbia River 
estuary carried out by the Lower Columbia 
Estuary Partnership or the Lower Colum-
bia Fish Recovery Board using grants pro-
vided under this section are carried out in 
consultation with the Governors of the 
States of Oregon and Washington, as ap-
plicable, and the heads of appropriate In-
dian tribes, the Environmental Protection 
Agency, the United States Fish and Wild-
life Service, the National Marine Fisheries 
Service, and the Forest Service.’’; 
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(C) by amending paragraph (2)(A) to read 
as follows: 
‘‘(A) IN
GENERAL.—In carrying out, or 
providing grants for, ecosystem restoration 
projects for the Tillamook Bay estuary under 
this section, the Secretary shall use as a guide, 
or ensure such use of, the comprehensive con-
servation and management plan developed by 
the Tillamook Estuaries Partnership under sec-
tion 320 of the Federal Water Pollution Control 
Act (33 U.S.C. 1330).’’; and 
(D) in paragraph (2)(B)— 
(i) by striking ‘‘The Secretary’’ and 
inserting the following: 
‘‘(i) LARGE
PROJECTS.—The Sec-
retary’’; 
(ii) by striking ‘‘and the Forest Serv-
ice’’ and inserting ‘‘the Forest Service, and 
the Tillamook Estuaries Partnership’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) SMALL
PROJECTS.—The Sec-
retary shall ensure that ecosystem restora-
tion projects for the Tillamook Bay estuary 
carried out by the Tillamook Estuaries 
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entities, and shall consider the recommendations of 
such entities; and 
‘‘(2) the lead entities shall follow priorities set 
in the comprehensive conservation and management 
plans and the recovery plans and module described 
in subsection (b), as applicable.’’. 
(5) In subsection (e)— 
(A) in paragraph (2)(A)— 
(i) by striking ‘‘Non-Federal inter-
ests’’ and inserting the following: 
‘‘(i) LARGE PROJECTS.—Non-Federal 
interests’’; 
(ii) by inserting ‘‘by the Secretary’’ 
after ‘‘carried out’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) SMALL PROJECTS.—The Federal 
share of the cost of any project carried out 
using funds from a grant provided to a 
lead entity under this section— 
‘‘(I) shall not exceed 75 percent 
of the total cost of the project; and 
‘‘(II) shall be made on condition 
that the non-Federal share of that 
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total cost shall be provided from non- 
Federal sources.’’; and 
(B) in paragraphs (3) and (4), by inserting 
‘‘by the Secretary, or using funds provided,’’ 
after ‘‘carried out’’ each place it appears. 
(6) By redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively, and inserting 
after subsection (e) the following: 
‘‘(f) ANNUAL ALLOCATIONS.— 
‘‘(1) ALLOCATION
PLANS.—For each fiscal 
year, the lead entities shall jointly submit to the Sec-
retary a plan to allocate among the lead entities 
funding available for the fiscal year under subsection 
(h)(2)(B). 
‘‘(2) REPORTS.—Each lead entity shall report 
annually to the Secretary on the use of funds pro-
vided to the entity by a grant under this section.’’. 
(7) In subsection (g) (as redesignated by para-
graph (6))— 
(A) by redesignating paragraphs (1) and 
(2) as paragraphs (2) and (4), respectively; 
(B) by inserting before paragraph (2) (as 
so redesignated) the following: 
‘‘(1) LEAD
ENTITY.—The term ‘lead entity’ 
means the Lower Columbia Estuary Partnership, 
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the Tillamook Estuaries Partnership, or the Lower 
Columbia Fish Recovery Board.’’; and 
(C) by inserting after paragraph (2) (as so 
redesignated) the following: 
‘‘(3) LOWER COLUMBIA RIVER MAINSTEM TRIB-
UTARIES.—The 
term 
‘lower 
Columbia 
River 
mainstem tributaries’ means those mainstem tribu-
taries, exclusive of sub-tributaries, of the Columbia 
River west of Bonneville Dam.’’. 
(8) In subsection (h) (as redesignated by para-
graph (6))— 
(A) by striking ‘‘There is authorized’’ and 
inserting the following: 
‘‘(1) IN GENERAL.—There is authorized’’; and 
(B) by adding at the end the following: 
‘‘(2) PROJECT FUNDING RATIO.—Of the funds 
appropriated under this subsection for each fiscal 
year, beginning on the date of enactment of this 
paragraph, the Secretary shall use— 
‘‘(A) 75 percent for activities described in 
subsection (a)(1); and 
‘‘(B) 25 percent for activities described in 
subsection (a)(2).’’. 
Æ 
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