Columbia River Basin Restoration Act of 2014 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Environmental Protection Agency (EPA) to establish a Columbia River Basin Restoration Program to reduce toxic contamination and clean up contaminated sites. Requires the program to be collaborative and stakeholder-based.
Requires the EPA to: (1) assess trends in water quality and toxic contamination or toxics reduction; (2) collect, characterize and assess data on toxics and water quality to identify possible causes of environmental problems; (3) update the Columbia River Basin Toxics Reduction Plan (Action Plan) and the Estuary Partnership Comprehensive Conservation and Management Plan (Estuary Plan) and ensure that the plans form a coherent toxic contamination reduction strategy; and (4) provide technical assistance in implementing and updating the Action Plan.
Directs the EPA to establish a Columbia River Basin Toxics Reduction Working Group to: (1) participate in developing updates to the Action Plan, (2) recommend and prioritize projects and actions for the Action Plan, and (3) review progress made.
Requires the Lower Columbia River Estuary Partnership to perform those duties and fulfill those responsibilities of the Working Group relating to the Lower Columbia River Estuary.
Requires the EPA to establish a Columbia River Basin toxics grant program to provide funding to develop or implement projects to implement the Action Plan and the Estuary Plan.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2674 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2674
To amend the Federal Water Pollution Control Act to establish within
the Environmental Protection Agency a Columbia River Basin Restoration
Program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2014
Mr. Merkley (for himself, Mr. Wyden, Mr. Walsh, and Mr. Tester)
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 River 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 2014''.
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;
(F) other areas managed for conservation; and
(G) multiple tribal reservations and over
45,000,000 acres of tribally comanaged land;
(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) significant commerce takes place on the federally
authorized Columbia Snake River System navigation channel,
which is 465 miles in length, from the mouth of the Columbia
River to Lewiston, Idaho;
(6) the Basin--
(A) historically constituted the largest salmon-
producing river system in the world, with annual
returns peaking at as many as 16,000,000 fish; and
(B) as of the date of enactment of this Act--
(i) supports economically important
commercial and recreational fisheries;
(ii) supports treaty tribal fisheries;
(iii) is home to numerous species of
salmonids, including steelhead, bull trout, and
Kootenai white sturgeon, that are listed as
threatened species or endangered species under
the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(iv) is a cultural and historical resource
and provides sports and recreation
opportunities for millions annually;
(7) toxics are present throughout the Columbia River Basin
that are harmful to humans, fish, and wildlife;
(8) studies have shown that Columbia River fish contain a
wide array of contaminants;
(9) a fish consumption survey in the Columbia River Basin
showed that tribal members were eating 6 to 11 times more fish
than the estimated national average;
(10) in 2013, the States of Oregon and Washington issued a
fish advisories warning against consumption of resident fish
between Bonneville Dam to McNary Dam because of toxic
contamination;
(11) in 1995, the lower river and estuary was designated an
``estuary of national significance'' in accordance with section
320 of the Federal Water Pollution Control Act (33 U.S.C.
1330), because of degradation and contamination in the lower
river, lack of structure to coordinate programs and policies,
significance of the lower river to survival of species
throughout the basin, and the importance the lower river to the
economic viability of the region; and
(12)(A) in 2006, the Administrator of the Environmental
Protection Agency named the Columbia River Basin 1 of the 10
large aquatic ecosystems in the United States;
(B) the Columbia River Basin is the only large aquatic
ecosystem in the United States that does not receive dedicated
appropriations as a large aquatic ecosystem; and
(C) the other 9 large aquatic ecosystems receive
appropriations through the Geographic Programs Program Area of
the Environmental Protection Agency.
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) Action plan.--
``(A) In general.--The term `Action Plan' means the
Columbia River Basin Toxics Reduction Plan developed by
the Environmental Protection Agency and the Columbia
River Toxics Reduction Working Group in 2010.
``(B) Inclusions.--The term `Action Plan' includes
any amendments to the plan.
``(2) Columbia river basin.--The term `Columbia River
Basin' means the entire United States portion of the Columbia
River watershed.
``(3) 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.
``(4) 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.
``(5) 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.
``(6) 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.
``(7) Program.--The term `Program' means the Columbia River
Basin Restoration Program established under subsection
(b)(1)(A).
``(8) 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.--
``(A) In general.--The Administrator shall
establish within the Environmental Protection Agency a
Columbia River Basin Restoration Program for the
purposes of reducing toxic contamination and cleaning
up contaminated sites throughout the Columbia River
Basin.
``(B) 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.
``(C) 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;
``(iii) coordinate with other efforts,
including activities of other Federal agencies
in the Columbia River Basin, to avoid
duplicating activities or functions; and
``(iv) not impede implementation of
existing agreements or other recovery and
mitigation programs.
``(2) Scope of program.--The Program shall consist of a
collaborative stakeholder-based program for reducing toxic
contamination throughout the Columbia River Basin.
``(3) Duties.--The Administrator 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) provide the Working Group with data,
analysis, reports, or other information;
``(D) provide technical assistance to the Working
Group, and to State governments, tribal governments,
and local governments participating in the Working
Group, to assist those agencies and entities in--
``(i) developing updates to the Action
Plan;
``(ii) recommending and prioritizing
projects and actions for the Action Plan; and
``(iii) reviewing progress and
effectiveness of projects and actions
implemented, as well as cumulative progress
toward the goals of this section, and the
Action Plan;
``(E) periodically update the Action Plan and the
Estuary Plan as required by counsel, and 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 Columbia River Basin;
``(F) track progress toward meeting the identified
goals and objectives of the Action Plan by coordinating
and reporting environmental data related to the Action
Plan and the Estuary Plan and making the data and
reports on the data available to the public; and
``(G) provide grants in accordance with subsection
(d) for projects that--
``(i) 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;
``(ii) address the goals, tasks, or action
items in the Action Plan or the Estuary Plan;
and
``(iii) are recommended by the Working
Group to implement the Estuary Plan.
``(c) Stakeholder Working Group.--
``(1) Establishment.--The Administrator shall establish a
Columbia River Basin Toxics Reduction 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 within the Columbia River Basin;
``(ii) the Governors of each State located
in whole or in part with the Columbia River
Basin;
``(iii) each federally recognized Indian
tribe in the Columbia River Basin;
``(iv) local governments located 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 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; and
``(B) each of the Lower, Middle, and Upper Basins
of the Columbia River.
``(4) Duties and responsibilities.--The Working Group
shall--
``(A) participate in developing updates to the
Action Plan, including by providing comments on the
updates;
``(B) recommend and prioritize projects and actions
for the Action Plan; and
``(C) review the progress and effectiveness of
projects and actions implemented, as well as cumulative
progress toward the goals of this section, and the
Action Plan.
``(5) Lower columbia river estuary.--
``(A) Estuary partnership.--
``(i) In general.--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 320.
``(ii) Designation.--If the Estuary
Partnership ceases to be the management
conference for the Lower Columbia River
National Estuary Program under section 320, 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.
``(B) Estuary plan.--
``(i) In general.--The Estuary Plan shall
function as the Action Plan for the Lower
Columbia River Estuary for such time as there
is an Estuary Plan in place pursuant to section
320.
``(ii) 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 Act 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 toxics 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 implementing
the Action Plan and the Estuary Plan.
``(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 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) 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, which
includes the Snake River Basin; and
``(C) retain for Environmental Protection Agency
not more than 5 percent of the funds 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 section to report on progress made in
achieving the purposes of this section and the goals of
the Action Plan and the Estuary Plan.
``(5) Relationship to other funding.--
``(A) In general.--Nothing in this section limits
the eligibility of the Estuary Partnership to receive
funding under section 320(g).
``(B) Limitation.--None of the funds made available
under this subsection may be used for the
administration of a management conference under section
320.
``(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, 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.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $50,000,000
for each of fiscal years 2015 through 2020, to remain available until
expended.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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