[Congressional Record Volume 156, Number 23 (Tuesday, February 23, 2010)]
[Senate]
[Pages S707-S709]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MERKLEY:
  S. 3025. A bill to amend the Federal Water Pollution Control Act to 
provide assistance for programs and activities to protect and restore 
the water quality of the Columbia River Basin, and for other purposes; 
to the Committee on Environment and Public Works.
  Mr. MERKLEY. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3025

       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 Restoration 
     Act of 2010''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The Columbia River is the largest river in the Pacific 
     Northwest and the fourth largest river in the United States 
     by volume. The river is 1,243 miles long, and its drainage 
     basin includes 259,000 square miles, extending into 7 States 
     and British Columbia, Canada, and including all or part of 5 
     national parks,

[[Page S708]]

     the Columbia River Gorge National Scenic Area, and the Hells 
     Canyon National Recreation Area.
       (2) The Columbia River Basin and its tributaries provide 
     significant ecological and economic benefits to the Pacific 
     Northwest and the entire United States. Traditionally, the 
     Columbia River Basin and its tributaries were the largest 
     salmon producing river system in the world, with annual 
     returns peaking at as many as 30 million fish. The Columbia 
     River drainage basin includes more than 6 million acres of 
     irrigated agricultural land, and its 14 hydroelectric dams, 
     combined with additional dams on its tributaries, produce 
     more hydroelectric power than any other North American river.
       (3) The Lower Columbia River Estuary stretches 146 miles 
     from the Bonneville Dam to the mouth of the Pacific Ocean, 
     and much of this area is degraded. Polychlorinated biphenyls 
     (PCBs) in salmon tissue and polycyclic aromatic hydrocarbons 
     (PAHs) in salmon prey exceed estimated thresholds for delayed 
     mortality, increased disease susceptibility, and reduced 
     growth. Legacy contaminants (DDT and PCBs) banned in the 
     1970s are still detected in river water, sediments, and 
     juvenile Chinook salmon. Several pesticides have been 
     detected, including atrazine and simazine, which can affect 
     salmon behavior or act as hormone disruptors. Emerging 
     contaminants, such as hormone disruptors from pharmaceutical 
     and personal care products, have been found in river water 
     and juvenile male salmon. These contaminants may impair 
     salmon growth, health, and reproduction.
       (4) The Middle and Upper Columbia River Basin includes 
     1,050 miles of the mainstem Columbia River upstream of the 
     Bonneville Dam, including the 1,040 miles of its largest 
     tributary, the Snake River, and all of the tributaries to 
     both rivers. The Environmental Protection Agency's (EPA's) 
     Columbia River Basin Fish Contaminant Survey detected the 
     presence of 92 priority pollutants, including PCBs, dioxins, 
     furans, arsenic, mercury, and DDE (a breakdown product of 
     DDT), in fish that are consumed by the Confederated Tribes of 
     the Warm Springs, the Confederated Tribes and Bands of the 
     Yakama Nation, the Confederated Tribes of the Umatilla Indian 
     Reservation, and the Nez Perce Tribe, as well as by other 
     people consuming fish throughout the Columbia River Basin. A 
     fish consumption survey by the Columbia River Intertribal 
     Fish Commission showed that tribal members were eating 6 to 
     11 times more fish than EPA's estimated national average. The 
     nuclear and toxic contamination at the Hanford Nuclear 
     Reservation presents an ongoing risk of contamination in the 
     Middle Columbia Basin. Sampling of sediments by the EPA in 
     2004 documented widespread presence of toxic flame retardants 
     known as polyrominated diphenyl ethers.
       (5) Contamination of the Middle and Upper Columbia River 
     Basin has a direct impact on water quality and habitat 
     quality in the Lower Columbia River Estuary. Investments in 
     habitat restoration and toxics reduction in the Middle and 
     Upper Columbia River Basin can have significant benefits for 
     fish and wildlife throughout the entire basin.
       (6) Together with the Governors of Oregon and Washington, 
     the EPA created the Lower Columbia River Estuary Partnership 
     (Estuary Partnership) in 1995 to provide regional 
     coordination to focus on the lower river, to advance the 
     science of the ecosystem, and to deliver environmental 
     results. The Estuary Partnership was formed within the 
     National Estuary Program and provides a structure for 
     organization and collaboration to implement Federal 
     priorities. The Estuary Partnership includes all key Federal 
     agencies as part of its management and governing structure, 
     including the EPA, the United States Geological Survey 
     (USGS), the National Oceanic and Atmospheric Administration 
     (NOAA), the Army Corps of Engineers, the Forest Service, and 
     tribal, State, and local governments.
       (7) The Columbia River Basin was designated by the EPA as 
     an ``Estuary of National Significance'' in 1995 and a ``Large 
     Aquatic Ecosystem'' in 2006.
       (8) The Estuary Partnership has developed an unparalleled 
     2-State, public and private partnership, including 
     unprecedented collaborative efforts among key Federal 
     partners, including the EPA, the NOAA, the USGS, and the Army 
     Corps of Engineers to advance Federal goals, and the Estuary 
     Partnership and its partners have gathered scientific 
     information and compiled data, and have made significant 
     gains in habitat protection and environmental education.
       (9) Despite these advances, further degradation exists and 
     contaminants persist in the Columbia River Basin and are 
     impairing the health of fish, wildlife, and humans. Degraded 
     conditions in the river exacerbate the challenges already 
     faced by the 13 species of salmon and steelhead in the 
     Columbia River Basin listed as threatened or endangered under 
     the Endangered Species Act of 1973.
       (10) The ``Estuary Partnership Comprehensive Conservation 
     and Management Plan'' (1999), the ``Northwest Power and 
     Conservation Council Lower Columbia Province Plan'' (2004, 
     amended 2008), the draft ``NOAA Columbia River Estuary 
     Recovery Module for Salmon and Steelhead'' (2010), the States 
     of Oregon, Idaho, and Washington Recovery Plans, the 
     ``Biological Opinion for the Federal Columbia River Power 
     System (FCRPS)'' (2000, 2004, 2008), and the ``EPA Columbia 
     Basin State of the River Report for Toxics'' (2009) 
     consistently identify habitat loss and toxic contamination as 
     threats to fish and wildlife.

     SEC. 3. COLUMBIA RIVER.

       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.

       ``(a) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Action plan.--The term `Action Plan' means the 
     `Columbia River Basin Toxics Reduction Action Plan' developed 
     by the Environmental Protection Agency and the Columbia River 
     Toxics Reduction Working Group in 2010, including any 
     amendments thereto.
       ``(2) Comprehensive plan.--The term `Comprehensive 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, including any amendments 
     thereto.
       ``(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) Lower columbia river and estuary.--The term `Lower 
     Columbia River and Estuary' means the region consisting of 
     the lower 146 miles of the Columbia River Basin from the 
     Bonneville Dam to the Pacific Ocean.
       ``(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, including the Snake River (and 
     its tributaries) and other tributaries of the Columbia River.
       ``(6) Team leader.--The term `Team Leader' means the Team 
     Leader appointed under subsection (b).
       ``(b) Program Team.--
       ``(1) Establishment.--The Administrator shall establish in 
     the Environmental Protection Agency a Columbia River Program 
     Team. The Team shall be located within the Oregon Operations 
     Office for Region 10 of the Environmental Protection Agency.
       ``(2) Appointment of team leader.--The Administrator shall 
     appoint a Team Leader, who, by reason of management 
     experience and technical expertise relating to the Columbia 
     River Basin, shall be highly qualified to support the 
     development and implementation of projects, programs, and 
     studies necessary to implement the Action Plan.
       ``(3) Delegation of authority; staffing.--The Administrator 
     shall delegate to the Team Leader such authority and provide 
     such additional staff as may be necessary to carry out this 
     section.
       ``(c) Duties.--
       ``(1) In general.--In carrying out this section, the 
     Administrator, acting through the Team Leader, shall--
       ``(A) assist and support the implementation of the Action 
     Plan and the Comprehensive Plan;
       ``(B) coordinate the implementation of the Action Plan and 
     the Comprehensive Plan, and the development of any updates to 
     those plans, with programs and projects in the Middle and 
     Upper Columbia River Basin;
       ``(C) make such other updates to the Action Plan and the 
     Comprehensive Plan as the Administrator, in consultation with 
     appropriate Federal agencies, the States of Oregon, 
     Washington, and Idaho, tribal governments, local governments, 
     and other public and private interests in the Columbia River 
     Basin, considers appropriate;
       ``(D) provide funding and make grants for implementation of 
     the Action Plan and the Comprehensive Plan and projects, 
     programs, and studies consistent with the priorities of the 
     Action Plan and the Comprehensive Plan;
       ``(E) promote innovative methodologies and technologies 
     that are cost effective and consistent with the identified 
     goals and objectives of the Action Plan and the Comprehensive 
     Plan and the permitting processes of the Environmental 
     Protection Agency;
       ``(F) coordinate the major functions of the Federal 
     Government related to the implementation of the Action Plan 
     and the Comprehensive Plan, including projects, programs, and 
     studies for--
       ``(i) water quality improvements;
       ``(ii) toxics reduction and monitoring;
       ``(iii) wetland, riverine, and estuary restoration and 
     protection;
       ``(iv) nearshore and endangered species recovery; and
       ``(v) stewardship and environmental education;
       ``(G) coordinate the research and planning projects 
     authorized under this section with Federal agencies, State 
     agencies, tribal governments, universities, and the Estuary 
     Partnership, including conducting or commissioning studies 
     considered necessary for strengthened implementation of the 
     Action Plan and the Comprehensive Plan;
       ``(H) track progress toward meeting the identified goals 
     and objectives of the Action Plan and the Comprehensive Plan 
     by--
       ``(i) implementing and supporting a project, program, and 
     monitoring system consistent with performance-based ecosystem 
     standards and management; and
       ``(ii) coordinating, managing, and reporting environmental 
     data related to the Action Plan and the Comprehensive Plan in 
     a manner consistent with methodologies utilized

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     by the Estuary Partnership, including making such data and 
     reports on such data available to the public, including on 
     the Internet, in a timely fashion; and
       ``(I) collect and make available to the public, including 
     on the Internet, publications and other forms of information 
     relating to the environmental quality of the Lower Columbia 
     River and Estuary.
       ``(2) Implementation methods.--The Administrator, acting 
     through the Team Leader, may enter into interagency 
     agreements, make intergovernmental personnel appointments, 
     provide funding, make grants, and utilize other available 
     methods in carrying out the duties under this subsection.
       ``(d) Report.--Not later than one year after the date of 
     enactment of this section, and biennially thereafter, the 
     Administrator shall submit to Congress a report that--
       ``(1) summarizes the progress made in implementing the 
     Action Plan and the Comprehensive Plan and the progress made 
     toward achieving the identified goals and objectives 
     described in such plans;
       ``(2) summarizes any modifications to the Action Plan and 
     the Comprehensive Plan made in the period immediately 
     preceding the report;
       ``(3) incorporates specific recommendations concerning the 
     implementation of the Action Plan and the Comprehensive Plan; 
     and
       ``(4) summarizes the roles and progress of each Federal 
     agency that has jurisdiction in the Columbia River Basin 
     toward meeting the identified goals and objectives of the 
     Action Plan and the Comprehensive Plan.
       ``(e) Implementation of Action Plan and Comprehensive 
     Plan.--
       ``(1) In general.--The Administrator, acting through the 
     Team Leader and in consultation with the Estuary Partnership, 
     shall carry out projects, programs, and studies to implement 
     the Action Plan and the Comprehensive Plan.
       ``(2) Priority projects, programs, and studies.--The 
     Administrator may give special emphasis to projects, 
     programs, and studies that are identified as priorities by 
     the Estuary Partnership in the Action Plan and the 
     Comprehensive Plan.
       ``(3) Grants.--
       ``(A) In general.--The Administrator, acting through the 
     Team Leader, is authorized to make grants for projects, 
     programs, and studies to implement the Action Plan and the 
     Comprehensive Plan.
       ``(B) Allocations.--In making grants using funds 
     appropriated to carry out this paragraph for a fiscal year, 
     the Administrator, acting through the Team Leader, shall 
     use--
       ``(i) not less than 40 percent of the funds to make a 
     comprehensive grant to the Estuary Partnership to manage 
     implementation of the Comprehensive Plan;
       ``(ii) not less than 50 percent of the funds to make 
     grants, as allocated by the Team Leader, for projects, 
     programs and studies prioritized in the Action Plan 
     throughout the Columbia River Basin, and for other 
     coordinated projects, programs, and studies in the Middle and 
     Upper Columbia River Basin; and
       ``(iii) not more than 5 percent of the funds for project 
     management, administration, and reporting.
       ``(4) Federal share.--The Federal share of the costs for 
     which a grant is made under this section shall be 75 percent, 
     except that the Administrator may increase the Federal share 
     in such circumstances as the Administrator determines 
     appropriate.
       ``(f) Annual Budget Plan.--The President, as part of the 
     President's annual budget submission 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--
       ``(1) an interagency crosscut budget that displays for each 
     Federal agency--
       ``(A) the amounts obligated in the preceding fiscal year 
     for protection and restoration projects, programs, and 
     studies relating to the Columbia River Basin;
       ``(B) the estimated budget for the current fiscal year for 
     protection and restoration projects, programs, and studies 
     relating to the Columbia River Basin; and
       ``(C) the proposed budget for protection and restoration 
     projects, programs, and studies relating to the Columbia 
     River Basin; and
       ``(2) a description and assessment of the Federal role in 
     the development and implementation of the Action Plan and the 
     Comprehensive Plan and the specific role of each Federal 
     agency involved in protection and restoration of the Columbia 
     River Basin, including specific projects, programs, and 
     studies conducted or planned to achieve the identified goals 
     and objectives of the Action Plan and the Comprehensive Plan.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     section $40,000,000 for each of fiscal years 2011 through 
     2016. Such sums shall remain available until expended.''.

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