[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1394 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1394

 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

                              May 20, 2015

Mr. Merkley (for himself and Mr. Wyden) 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 2015''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Columbia River is the largest river in the Pacific 
        Northwest by volume;
            (2) the river is 1,243 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 of 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 2016 through 2021, to remain available until 
expended.''.
                                 <all>