[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5150 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5150

 To direct the Secretary of the Army to conduct studies and ecosystem 
restoration projects within the Lower Columbia River and Tillamook Bay 
                   Estuaries, 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 Committee 
on Transportation and Infrastructure, and in addition to the Committee 
    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 Columbia River and Tillamook Bay 
                   Estuaries, Oregon and Washington.

    Be it enacted by the Senate and House of Representatives 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 Atmosphere of the 
        Department of Commerce; and
            (5) the Chief of the Forest Service of the Department of 
        Agriculture.
    (c) Use of Management Plans and Committees.--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 necessary to protect, monitor, and 
restore fish and wildlife habitat without adversely affecting the 
water-related needs of the Lower Columbia River and Tillamook Bay 
Estuaries (including navigation, recreation, and water supply) and 
private property rights.
    (e) Prioritization.--In prioritizing projects for implementation 
under this subsection, the Secretary shall consult with the LCREP 
Implementation Committee and the TBNEP Tillamook Performance 
Partnership Committee and give full consideration to their priorities 
for projects.
    (f) Implementation.--Ecosystem restoration measures 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 sponsors shall be implemented using funds made available to 
carry out this section. These measures may include environmental 
improvements related to existing Corps of Engineers facilities and 
other Federal facilities. The Secretary 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 
Partnership Committee to select 2 sites for appropriate environmental 
restoration actions and to plan, design, and construct 2 demonstration 
projects at full Federal expense. Funding for each project shall not 
exceed $5,000,000.
    (h) Cost Sharing.--
            (1) Non-federal share.--Except as otherwise 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 restoration improvements to 
        Corps of Engineers facilities or other Federal facilities or to 
        Federal lands shall be 100 percent, including operation and 
        maintenance. 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 maintenance of a project 
        carried out under this section shall be a non-Federal 
        responsibility.
    (i) Definitions.--In this section, the following definitions apply:
            (1) Lower columbia river estuary.--The term ``Lower 
        Columbia River Estuary'' means those river reaches having 
        navigation channels on the Columbia River main stem river west 
        of the Bonneville Dam, and their tributaries to the extent they 
        are tidally influenced.
            (2) Tillamook bay estuary.--The term ``Tillamook Bay 
        Estuary'' means those areas of Tillamook Bay and its 
        tributaries to the extent they are tidally influenced.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section a total of $175,000,000, of 
which not more than $35,000,000 may be appropriated in any fiscal year. 
Such amounts shall remain available until expended.
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