I
106TH CONGRESS
2D SESSION
H. R. 5150
To direct the Secretary of the Army to conduct studies and ecosystem restora-
tion projects within the Lower Columbia River and Tillamook Bay Estu-
aries, Oregon and Washington.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 12, 2000
Mr. BLUMENAUER (for himself, Mr. DEFAZIO, Ms. HOOLEY of Oregon, and
Mr. WU) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on 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 direct the Secretary of the Army to conduct studies
and ecosystem restoration projects within the Lower Co-
lumbia River and Tillamook Bay Estuaries, Oregon and
Washington.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. LOWER COLUMBIA RIVER AND TILLAMOOK BAY
ESTUARIES, OREGON AND WASHINGTON.
(a) IN GENERAL.—The Secretary of the Army shall
conduct studies and ecosystem restoration projects within
the Lower Columbia River and Tillamook Bay Estuaries,
Oregon and Washington.
(b) CONSULTATION.—In carrying out this section,
the Secretary shall consult with—
(1) the States of Oregon and Washington;
(2) the Administrator of the Environmental
Protection Agency;
(3) the Director of the United States Fish and
Wildlife Service of the Department of Interior;
(4) the Under Secretary for Oceans and Atmos-
phere of the Department of Commerce; and
(5) the Chief of the Forest Service of the De-
partment of Agriculture.
(c) USE
OF MANAGEMENT PLANS
AND COMMIT-
TEES.—In carrying out this section, the Secretary shall
use comprehensive conservation and management plans
and committees established pursuant to the Tillamook
Bay National Estuary Project (in this section referred to
as the ‘‘TBNEP’’) and the Lower Columbia River Estuary
Program (in this section referred to as the ‘‘LCREP’’) as
guides for estuary restoration projects.
(d) REQUIREMENTS FOR PROJECTS.—The Secretary
shall conduct projects under this section that are nec-
essary to protect, monitor, and restore fish and wildlife
habitat without adversely affecting the water-related needs
of the Lower Columbia River and Tillamook Bay Estu-
aries (including navigation, recreation, and water supply)
and private property rights.
(e) PRIORITIZATION.—In prioritizing projects for im-
plementation under this subsection, the Secretary shall
consult with the LCREP Implementation Committee and
the TBNEP Tillamook Performance Partnership Com-
mittee and give full consideration to their priorities for
projects.
(f) IMPLEMENTATION.—Ecosystem restoration meas-
ures determined by the Secretary to be feasible based on
studies conducted under this section and on prior analyses
conducted by both Federal agencies and non-Federal spon-
sors shall be implemented using funds made available to
carry out this section. These measures may include envi-
ronmental improvements related to existing Corps of En-
gineers facilities and other Federal facilities. The Sec-
retary shall develop cost effectiveness and other criteria
for evaluating and approving authorized studies and prior
analyses.
(g) DEMONSTRATION PROJECTS.—To demonstrate
the importance of expediting restoration efforts in the
Lower Columbia River and Tillamook Bay Estuaries, the
Secretary shall work with the LCREP Implementation
Committee and the TBNEP Tillamook Performance Part-
nership Committee to select 2 sites for appropriate envi-
ronmental restoration actions and to plan, design, and
construct 2 demonstration projects at full Federal ex-
pense. Funding for each project shall not exceed
$5,000,000.
(h) COST SHARING.—
(1) NON-FEDERAL
SHARE.—Except as other-
wise provided under this section, the non-Federal
share of the cost of a project carried out under this
section shall be 25 percent.
(2) IN-KIND CONTRIBUTIONS.—Not more than
50 percent of the non-Federal share required under
this subsection may be satisfied by the provision of
in-kind services.
(3) FEDERAL LANDS.—The Federal share of
the cost of a project under this section to make res-
toration improvements to Corps of Engineers facili-
ties or other Federal facilities or to Federal lands
shall be 100 percent, including operation and main-
tenance. Operation and maintenance for such
projects shall be the responsibility of the managing
agency.
(4) OPERATION
AND
MAINTENANCE.—Except
as provided under paragraph (3), the operation and