33 U.S.C. § 1275 (NAVIGATION AND NAVIGABLE WATERS)
§ 1275. Columbia River Basin Restoration
(a) Definitions
In this section, the following definitions apply:
(1) Columbia River Basin
The term “Columbia River Basin” means the entire United States portion of the Columbia River watershed.
(2) Estuary Partnership
The term “Estuary Partnership” means the Lower Columbia Estuary Partnership, an entity created by the States of Oregon and Washington and the Environmental Protection Agency under section 1330 of this title.
(3) 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 1330 of this title.
(B) Inclusion
The term “Estuary Plan” includes any amendments to the plan.
(4) Lower Columbia River Estuary
The term “Lower Columbia River 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.
(5) Middle and Upper Columbia River Basin
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.
(6) Program
The term “Program” means the Columbia River Basin Restoration Program established under subsection (b)(1)(A).
(b) Columbia River Basin Restoration Program
(1) Establishment
(A) In general
The Administrator shall establish within the Environmental Protection Agency a Columbia River Basin Restoration Program.
(B) Effect
(i) The establishment of the Program does not modify any legal or regulatory authority or program in effect as of December 16, 2016, including the roles of Federal agencies in the Columbia River Basin.
(ii) This section does not create any new regulatory authority.
(2) Scope of Program
The Program shall consist of a collaborative stakeholder-based program for environmental protection and restoration activities throughout the Columbia River Basin.
(3) Duties
The Administrator shall—
(A) assess trends in water quality, including trends that affect uses of the water of the Columbia River Basin;
(B) collect, characterize, and assess data on water quality to identify possible causes of environmental problems; and
(C) provide grants in accordance with subsection (d) for projects that assist in—
(i) eliminating or reducing pollution;
(ii) cleaning up contaminated sites;
(iii) improving water quality;
(iv) monitoring to evaluate trends;
(v) reducing runoff;
(vi) protecting habitat; or
(vii) promoting citizen engagement or knowledge.
(c) Stakeholder Working Group
(1) Establishment
The Administrator shall establish a Columbia River Basin Restoration Working Group (referred to in this subsection as the “Working Group”).
(2) Membership
(A) In general
Membership in the Working Group shall be on a voluntary basis and any person invited by the Administrator under this subsection may decline membership.
(B) Invited representatives
The Administrator shall invite, at a minimum, representatives of—
(i) each State located in whole or in part in the Columbia River Basin;
(ii) the Governors of each State located in whole or in part in the Columbia River Basin;
(iii) each federally recognized Indian tribe in the Columbia River Basin;
(iv) local governments in the Columbia River Basin;
(v) industries operating in the Columbia River Basin that affect or could affect water quality;
(vi) electric, water, and wastewater utilities operating in the Columba 1 River Basin;
(vii) private landowners in the Columbia River Basin;
(viii) soil and water conservation districts in the Columbia River Basin;
(ix) nongovernmental organizations that have a presence in the Columbia River Basin;
(x) the general public in the Columbia River Basin; and
(xi) the Estuary Partnership.
(3) Geographic representation
The Working Group shall include representatives from—
(A) each State located in whole or in part in the Columbia River Basin; and
(B) each of the lower, middle, and upper basins of the Columbia River.
(4) Duties and responsibilities
The Working Group shall—
(A) recommend and prioritize projects and actions; and
(B) review the progress and effectiveness of projects and actions implemented.
(5) Lower Columbia River Estuary
(A) Estuary Partnership
The Estuary Partnership shall perform the duties and fulfill the responsibilities of the Working Group described in paragraph (4) as those duties and responsibilities relate to the Lower Columbia River Estuary for such time as the Estuary Partnership is the management conference for the Lower Columbia River National Estuary Program under section 1330 of this title.
(B) Designation
If the Estuary Partnership ceases to be the management conference for the Lower Columbia River National Estuary Program under section 1330 of this title, the Administrator may designate the new management conference to assume the duties and responsibilities of the Working Group described in paragraph (4) as those duties and responsibilities relate to the Lower Columbia River Estuary.
(C) Incorporation
If the Estuary Partnership is removed from the National Estuary Program, the duties and responsibilities for the lower 146 miles of the Columbia River pursuant to this section shall be incorporated into the duties of the Working Group.
(d) Grants
(1) In general
The Administrator shall establish a voluntary, competitive Columbia River Basin program to provide grants to State governments, tribal governments, regional water pollution control agencies and entities, local government entities, nongovernmental entities, or soil and water conservation districts to develop or implement projects authorized under this section for the purpose of environmental protection and restoration activities throughout the Columbia River Basin.
(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, tribal, or local government or interstate or regional agency) 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 such total cost shall be provided from non-Federal sources.
(B) Exceptions
With respect to cost-sharing for a grant provided under this subsection—
(i) a tribal government 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, the Administrator shall—
(A) provide not less than 25 percent of the funds to make grants for projects, programs, and studies in the Lower Columbia River Estuary;
(B) provide not less than 25 percent of the funds to make grants for projects, programs, and studies in the Middle and Upper Columbia River Basin, including the Snake River Basin; and
(C) retain not more than 5 percent of the funds for the Environmental Protection Agency for purposes of implementing this section.
(4) Reporting
(A) In general
Each grant recipient under this subsection shall submit to the Administrator reports on progress being made in achieving the purposes of this section.
(B) Requirements
The Administrator shall establish requirements and timelines for recipients of grants under this subsection to report on progress made in achieving the purposes of this section.
(5) Relationship to other funding
(A) In general
Nothing in this subsection limits the eligibility of the Estuary Partnership to receive funding under section 1330(g) of this title.
(B) Limitation
None of the funds made available under this subsection may be used for the administration of a management conference under section 1330 of this title.
(6) Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $30,000,000 for each of fiscal years 2020 and 2021.
(e) Annual budget plan
The President, as part of the annual budget submission of the President to Congress under section 1105(a) of title 31, 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.
(June 30, 1948, ch. 758, title I, § 123, as added Pub. L. 114–322, title IV, § 5010, Dec. 16, 2016, 130 Stat. 1898; amended Pub. L. 115–270, title IV, § 4105, Oct. 23, 2018, 132 Stat. 3875.)
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (d)(6). Pub. L. 115–270 added par. (6).