[Congressional Record Volume 146, Number 26 (Thursday, March 9, 2000)]
[Senate]
[Pages S1396-S1397]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. MURRAY (for herself, and Mr. Gorton):
  S. 2228. A bill to require the Secretary of the Army to conduct 
studies and to carry out ecosystem restoration and other protective 
measures within Puget Sound, Washington, and adjacent waters, and for 
other purposes; to the Committee on Environment and Public Works.


                   Puget sound ecosystem restoration

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2228

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION. 1. PUGET SOUND ECOSYSTEM RESTORATION.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Army (in this 
     section referred to as the ``Secretary'') shall conduct 
     studies and carry out ecosystem restoration and other 
     protective measurers within Puget Sound, Washington, and 
     adjacent waters and associated estuary and near-shore 
     habitat, including--
       (1) the 17 watersheds that drain directly into Puget Sound;
       (2) Admiralty Inlet;
       (3) Hood Canal;
       (4) Rosario Strait; and
       (5) the eastern portion of the Strait of Juan de Fuca.
       (b) Implementation.--
       (1) In general.--The Secretary shall use funds made 
     available to carry out this section to carry out ecosystem 
     restoration and other protective measures (including 
     environmental improvements related to facilities of the Corps 
     of Engineers in existence on the date of enactment of this 
     Act) determined by the Secretary to be feasible based on--
       (A) the studies conducted under subsection (a); or
       (B) analyses conducted before such date of enactment by 
     non-Federal interests.
       (2) Criteria and procedures for review and approval.--In 
     consultation with the Secretary of Commerce and the Governor 
     of the State of Washington, the Secretary shall develop 
     criteria and procedures consistent with the National Marine 
     Fisheries Service and State fish restoration goals and 
     objectives for reviewing and approving analyses described in 
     paragraph (1)(B) and the protective measures proposed in 
     those analyses. The Secretary shall use prior studies and 
     plans to identify project needs and priorities wherever 
     practicable.
       (3) Prioritization of projects.--In prioritizing projects 
     for implementation under this subsection, the Secretary shall 
     consult with public and private entities active in watershed 
     planning and ecosystem restoration in Puget Sound watersheds, 
     including the Salmon Recovery Funding Board, the Northwest 
     Straits Commission, the Hood Canal Coordinating Council, 
     county watershed planning councils, and salmon enhancement 
     groups, and shall give full consideration to their priorities 
     for projects.
       (c) Public Participation.--In developing and implementing 
     protective measures under subsections (a) and (b), the 
     Secretary shall provide for public review and comment in 
     accordance with applicable Federal law, including--
       (1) providing advance notice of public meetings;
       (2) providing adequate opportunity for public input and 
     comment;
       (3) maintaining appropriate records; and
       (4) compiling a record of the proceedings of meetings.
       (d) Compliance With Applicable Law.--In developing and 
     implementing protective measures under subsections (a) and 
     (b), the Secretary shall comply with applicable Federal law, 
     including the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (e) Cost Sharing.--
       (1) In general.--Studies and technical assistance provided 
     to determine the feasibility of protective measures under 
     subsections (a) and (b) shall--
       (A) be considered to be project costs; and
       (B) be shared by non-Federal interests during project 
     implementation in accordance with this subsection.
       (2) Non-federal share.--Subject to paragraph (4), the non-
     Federal share of the cost of the protective measures shall be 
     35 percent; except that if a project would otherwise be 
     eligible for cost-sharing under section 1135 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2294 note), the 
     non-Federal share of the cost of the protective measures for 
     the project shall be 25 percent.
       (3) In-kind contributions.--Not more than 80 percent of the 
     non-Federal share may be provided in the form of services, 
     materials, supplies, or other in-kind contributions necessary 
     to carry out the protective measures.
       (4) Federal share.--The Federal share of the cost of any 
     single protective measure shall not exceed $5,000,000.
       (5) Operation and maintenance.--The operation and 
     maintenance of the protective measures shall be a non-Federal 
     responsibility.
       (6) Tribal cost-sharing.--The Secretary shall waive the 
     first $200,000 in non-Federal cost share for all studies and 
     projects cosponsored by federally recognized Indian tribes.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to not

[[Page S1397]]

     to exceed $125,000,000 to pay the Federal share of the cost 
     of carrying out this section.

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