[Congressional Record Volume 156, Number 99 (Tuesday, June 29, 2010)]
[Senate]
[Pages S5539-S5544]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. HAGAN (for herself and Mr. Franken):
  S. 3543. A bill to amend title XVIII of the Social Security Act to 
expand access to medication therapy management services under the 
Medicare prescription drug program; to the Committee on Finance.
  Mrs. HAGAN. Mr. President, today, I am proud to introduce the 
Medication Therapy Management, MTM, Expanded Benefits Act of 2010, with 
my colleague from Minnesota, Senator Franken.
  A recent analysis conducted by the New England Healthcare Institute 
estimates that the overall cost of medication nonadherence is as much 
as $290 billion per year. According to a recent article published in 
the New England Journal of Medicine, over $100 billion is spent 
annually on avoidable hospitalizations because patients do not take 
their medications correctly.
  Not only does nonadherence cost our system billions of dollars, 
nonadherence to medication regimens also affects the quality of life 
for seniors and may lead to early death. The elderly typically take 
many more prescription medicines than the general population and 
therefore are at greater risk for problems associated with improper use 
of medications. For example, the same New England Journal of Medicine 
article I just reference found that better adherence to 
antihypertensive treatment alone could prevent 89,000 premature deaths 
in the U.S. annually.
  With as much as one half of all patients in the U.S. not following 
their doctors' orders regarding their medications, medication therapy 
management could help reduce some of the wasted health care costs in 
our system.
  North Carolina has implemented some very successful MTM programs.
  The Asheville Project, which focuses on diabetes, asthma, and 
cardiovascular disease, has seen improved health outcomes and 
significant savings among city employees since it began in 1997. For 
example, in the Asheville Project's diabetes MTM Project, they have 
seen a decrease in medical costs of between $1,622 to $3,356 per 
patient per year; a decrease in insurance claims of $2,704 per patient 
in year 1 and a $6,502 decrease in year 5; a 50 percent decrease in use 
of sick days; and increased productivity gains estimated at $18,000 
annually.
  In 2007, the North Carolina Health and Wellness Trust Fund Commission 
launched an innovative statewide program, Checkmeds NC, to provide MTM 
services to North Carolina seniors. During the program's first year, 
more than 15,000 North Carolina seniors and 285 pharmacists 
participated. The seniors bring all of their prescriptions, over-the-
counter medicines, vitamins and supplements to the pharmacy to be 
thoroughly reviewed in a one-on-one session. The pharmacist follows up 
and educates the patient about his or her medication regimen. The 
program saved an estimated $10 million, and countless health problems 
were avoided.
  During consideration of health care reform, I was pleased to have 
successfully secured language in the bill that built off these North 
Carolina models and implemented MTM nationally for seniors suffering 
from two or more chronic conditions.
  The bill I am introducing today takes MTM one step further. 
Specifically, this bill would expand MTM eligibility to seniors with 
any chronic condition that accounts for high spending in our health 
care system, such as heart failure and diabetes. Currently, only 12.9 
percent of Part D beneficiaries are eligible under the MTM criteria for 
multiple chronic conditions. However, of those, more than 85 percent 
have chosen to participate in the benefit. Clearly this program is very 
popular and widely utilized by those who are already eligible. By 
expanding eligibility to more seniors, MTM will certainly result in 
Medicare savings.
  The bill also ensures access to MTM for seniors at a pharmacy or with 
a qualified health care provider of their choice.
  To ensure pharmacists and health care providers are able to provide 
MTM to seniors, this bill ensures they are appropriately reimbursed for 
their time and service. This provision will permit pharmacies and other 
health care providers to spend considerable time and resources 
evaluating a person's drug routine and educating them on proper usage--
all critical components of a successful MTM program.
  Finally, this bill would establish standards for data collection to 
evaluate and improve the Part D MTM benefit.
  The value of MTM is widely known and discussed. I am proud that North 
Carolina is a leader in this arena. Expansion of MTM to more seniors 
will no doubt improve their overall health, while at the same time 
reducing waste in our health care system.
  I urge my colleagues to support this bill.
  Mr. FRANKEN. Mr. President, I am proud today to be joining Senator 
Hagan in introducing the MTM Expanded Benefits Act.
  We all know that prescription drugs are an essential part of health 
care. What a lot of people don't know is that only about 50 percent of 
Americans typically take their medicines as prescribed. This means that 
too often, the benefits of these important therapies aren't fully 
realized. According to a recent article in the New England Journal of 
Medicine, over $100 billion is spent annually on avoidable 
hospitalizations because patients don't take their medications 
correctly.
  The MTM Expanded Benefits Act would help improve the care for seniors 
by increasing access to the medication therapy management benefit--also 
known as MTM--in the Medicare Part D prescription drug program.
  Medication therapy management is a proven set of services that helps 
patients get the best possible results from their medications. MTM 
services are provided by pharmacists who work with patients and their 
health care providers to make sure that seniors are taking medications 
as they should be. Through MTM, patients get focused education to make 
sure they understand their medications--what conditions the drugs treat 
and how to avoid drug interactions that can make medications less 
effective or even dangerous.
  It is not uncommon for a Minnesota senior who has diabetes to be 
taking 10 or more medications that are prescribed by multiple 
providers. But right now under Medicare, you would have to have at 
least four chronic conditions before you would become eligible for MTM. 
That just doesn't make sense to me.
  Under the MTM Expanded Benefits Act, seniors with any chronic 
condition could benefit from MTM. The bill would increase the number of 
people eligible for MTM, helping more seniors to access the life saving 
and money-saving services.
  Congress recognized the value of MTM when it required Medicare Part D 
drug plans to offer the service as part of the Medicare Modernization 
Act of 2003. Furthermore, State Medicaid Programs, including ours in 
Minnesota, use MTM to maximize the value of their pharmacy benefits. As 
we reform our health care system and provide insurance coverage to more 
Americans, it makes sense to ensure that MTM becomes more widely 
adopted throughout our health care system.
  And MTM isn't just good for patient health, it also saves money. A 
University of Minnesota study showed that when patients were able to 
consult with a pharmacist to determine their optimal medication 
regimen, total health expenditures decreased from $11,965 to $8,197 per 
patient. The reduction in total health expenditures exceeded the cost 
of providing MTM services by more than 12 to 1. That is huge.

[[Page S5540]]

  The elderly typically take many more prescription medicines than the 
general population and therefore are at greater risk for problems 
associated with improper use of medications. Improving the Medicare MTM 
benefit will help our Nation's seniors get the most out of their 
medications while also helping to reduce costs through appropriate 
medication use and improved outcomes. I urge my colleagues to support 
the MTM Expanded Benefits Act and help support efforts to improve the 
prescription drug benefit for Medicare beneficiaries.
                                 ______
                                 
      By Mr. MERKLEY (for himself, Mr. Crapo, Mr. Baucus, Mr. Tester, 
        and Mr. Wyden):
  S. 3550: A bill to amend the Federal Water Pollution Control Act to 
establish within the Environmental Protection Agency a Columbia Basin 
Restoration Program; to the Committee on Environment and Public Works.
  Mr. MERKLEY. Mr. President, I rise to speak to legislation I am 
introducing today, with my colleagues, Senator Crapo of Idaho, Senators 
Baucus and Tester of Montana, and Senator Wyden, from my home state of 
Oregon, to protect and restore the Columbia River Basin.
  The Columbia River Basin is the great river system that defines the 
Pacific Northwest. It runs 1,243 miles from Columbia Lake in British 
Columbia to its mouth at Astoria, OR, the first permanent European 
settlement west of the Rocky Mountains. Its basin drains 258,000 acres 
in seven states, including many of great geological provinces of the 
West: the Yellowstone Plateau; the Rocky Mountains; the volcanic Snake 
River Plain; Hells Canyon, America's deepest canyon; the basalt plains 
and high desert of eastern Oregon and Washington; the majestic Columbia 
River Gorge; the volcanic slopes of the Cascade Mountains; and the 
temperate rain forests of the Coast Range.
  The Columbia River's tributaries are the major rivers of the 
Northwest. The Snake River, its longest tributary, runs more than 1,000 
miles from near the continental divide in Wyoming's Yellowstone Park to 
its mouth with the Columbia in eastern Washington. The Clark Fork is 
Montana's largest river by volume, draining much of western Montana and 
turning into the Pend Oreille River in Idaho before it flows into the 
Columbia just across the border in Canada.
  It is also the lifeblood of our economy and has been the foundation 
of a trade-based economy stretching back thousands of years, even 
before European settlement. Today it is the cornerstone of the region's 
shipping network, with ports dotting the river as far upstream as 
Lewiston, Idaho, the farthest inland seaport in the west. It was once 
the world's largest wild salmon run, with as many as 30 million salmon 
returning to spawn in our rivers, and is still a foundation for much of 
our commercial and recreational fishing industries and an important 
source of fish for many of our Indian tribes.
  The Columbia River Basin is the backbone of our energy system, with a 
network of dams that provide the majority of the region's electricity, 
more electricity than any other river in the country generates. Indeed, 
when we measure generating capacity, we talk about 100- and 200-
Megawatt capacity wind farms and we talk about 600- and 800-Megawatt 
coal plants. Well, the Grand Coulee dam in central Washington state has 
a capacity of 6,800 Megawatts. It was the availability of low-cost 
power that brought the industrial era to the Northwest and brought a 
host of benefits to our rural residents, from rural electrification to 
irrigation for agriculture, as memorialized in the 1940s by Woody 
Guthrie. About four million acres of income-producing farm and ranch 
land across the Pacific Northwest are irrigated by the Columbia River, 
contributing $10 billion to our economy every year.
  Unfortunately, the Columbia River Basin is also a river basin that 
faces serious challenges. Our rivers are severely polluted. When EPA 
completed its Columbia River Basin Fish Contaminant Survey, the agency 
looked for 131 chemicals in fish tissues that could be taken up by 
humans because of contamination entering the food chain. The study 
detected 70 percent of the chemicals EPA was looking for. All 11 
species of fish they tested had some level of contamination in their 
tissue.
  The contamination in these fish poses a health problem for people 
throughout our region, but it is the Indian tribes, our neighbors who 
have made this basin their home for thousands of years--including the 
Warm Springs, the Nez Perce, the Umatilla, and the Yakama--who are 
among the most affected. A survey conducted by the Columbia River 
Intertribal Fish Commission found that tribal members consume between 6 
and 10 times as much fish as the national average. High consumption 
rates exist among all tribal members consuming fish as well as among 
specific high-risk groups, including breastfeeding women.
  In addition, the salmon and steelhead, upon which the tribes and the 
fishing communities of the Northwest have so long depended, are in 
serious decline.
  The good news is that stakeholders across the region are working to 
clean up and restore the river. Since the Lower Columbia River estuary 
was added to the National Estuary Program, a robust partnership 
involving 28 cities, 9 counties, and the states of Oregon and 
Washington has come together to coordinate habitat restoration and 
toxic contamination reduction in that part of the basin. The EPA has 
coordinated stakeholders throughout the basin, including the states of 
Idaho and Montana and tribal governments, working to improve toxic 
pollution monitoring and reduce and clean up contamination.
  But more needs to be done.
  While EPA has designated the Columbia River Basin as one of the 
nation's Great Water Bodies and has an active program in the basin, it 
is the only one of these Great Water Bodies that doesn't receive 
designated appropriations to support its restoration. Unlike the 
Chesapeake Bay and the Great Lakes, where Congress has authorized and 
funded restoration programs, the Columbia River Basin has no such 
program.
  It is in that context that I introduce today, along with Senate 
colleagues from the Northwest, the Columbia River Basin Restoration Act 
of 2010. The bill establishes a clear stakeholder-driven process to 
oversee implementation of toxic contamination reduction plans. It 
directs EPA to provide technical support to a Working Group of 
stakeholders representing important constituencies and representing 
every geographic area in the Basin, and it allows those stakeholders to 
prioritize projects to implement toxic contamination reduction and to 
propose those projects to the EPA for funding.
  We have also included an important component related to the Flathead 
River Basin in this bill. As my colleague the senior Senator from 
Montana can tell you, the Flathead is an amazing pristine gem of a 
water body on the far eastern edge of our basin. It forms the western 
and southern boundaries of the world's first international peace park, 
Glacier-Waterton, and it contains Flathead Lake, the largest freshwater 
lake in the West. Senator Baucus has made protecting the Flathead Basin 
a major focus and has discussed it many times in our work together on 
the Environment and Public Works Committee, and we have been working 
together for several months now to make sure we could protect the 
Flathead River Basin in this bill. I am glad we were able to include 
his provision to do so.
  I would particularly like to thank my colleague Senator Crapo from 
our neighboring State to the east. Senator Crapo and I have been able 
to work together in a true collaborative partnership to propose what we 
believe will be an effective, stakeholder-driven program to help our 
constituents reduce toxic contamination in waterways that matter so 
much to them, and to do so in ways that our constituents design and 
prioritize. This bill reflects the interests and concerns of people 
from every State in the Northwest, and we will continue to hear and 
address their interests and concerns as the legislative process 
continues.
  I am proud to stand with my colleagues from the Northwest today as we 
introduce this bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

[[Page S5541]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3550

       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 2010''.

     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; and
       (F) other areas managed for conservation.
       (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) the Basin--
       (A) historically constituted the largest salmon-producing 
     river system in the world, with annual returns peaking at as 
     many as 30,000,000 fish; and
       (B) as of the date of enactment of this Act--
       (i) supports economically important commercial and 
     recreational fisheries; and
       (ii) is home to 13 species of salmonids and steelhead that 
     area listed as threatened species or endangered species under 
     the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
       (6) the Lower Columbia River Estuary stretches 146 miles 
     from the Bonneville Dam to the mouth of the Pacific Ocean, 
     and much of that area is contaminated with toxic chemicals;
       (7) 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 the largest 
     tributary, the Snake River, and all of the tributaries to 
     both rivers;
       (8) toxic contamination in the Basin poses a significant 
     threat to the environment and human health;
       (9) the nuclear and toxic contamination at the Hanford 
     Nuclear Reservation and the toxic contamination at Superfund 
     sites throughout the Basin present an ongoing risk of 
     contamination throughout the Basin;
       (10) polychlorinated biphenyls (commonly known as ``PCBs'') 
     and polycyclic aromatic hydrocarbons that have been found in 
     the tissues of salmonids and their prey at concentrations 
     exceeding levels of concern;
       (11) legacy contaminants, including PCBs and 
     dichlorodiphenyltrichloroethane, the pesticide commonly known 
     as ``DDT'', were banned in 1972, but are still detected in 
     river water, sediments, and juvenile Chinook salmon;
       (12) pesticides and emerging contaminants, such as 
     pharmaceutical and personal care products, have been detected 
     in river water and may have effects including hormone 
     disruption and impacts on behavior and reproduction;
       (13) the Environmental Protection Agency's Columbia River 
     Basin Fish Contaminant Survey detected the presence of 92 
     priority pollutants, including PCBs and DDE (a breakdown of 
     DDT), in fish that are consumed by members of Indian tribes 
     in the Columbia River Basin, as well as by other individuals 
     consuming fish throughout the Columbia River Basin, and a 
     fish consumption survey by the Columbia River Intertribal 
     Fish Commission showed that tribal members were eating 6 to 
     11 times more fish than the estimated national average of the 
     Environmental Protection Agency;
       (14) toxic contamination in the Middle and Upper Columbia 
     River Basins have a direct impact on water quality in the 
     Lower Columbia River Estuary, and reducing toxic 
     contamination in the Middle and Upper Columbia River Basin 
     can have significant benefits for human health and for fish 
     and wildlife throughout the entire Basin; and
       (15) with regard to the Flathead River Basin, in the 
     easternmost portion of the Columbia River Basin--
       (A) the Flathead River Basin--
       (i) has high water quality and aquatic biodiversity;
       (ii) supports endangered species and species of special 
     concern listed under United States and Canadian law;
       (iii) contains Flathead Lake, the largest freshwater lake 
     in the western United States;
       (iv) is an important wildlife corridor that is home to the 
     highest density of large and mid-sized carnivores and the 
     highest diversity of vascular plant species in the United 
     States; and
       (v) supports traditional uses such as hunting, fishing, 
     recreation, guiding and outfitting, and logging;
       (B) the Flathead River originates in British Columbia and 
     drains into the State of Montana;
       (C) such transboundary waters are protected from pollution 
     under the Treaty Relating to the Boundary Waters and 
     Questions Arising Along the Boundary Between the United 
     States and Canada, signed at Washington on January 11, 1909 
     (36 Stat. 2448; TS 548) (commonly known as the ``Boundary 
     Waters Treaty of 1909'');
       (D) in 1988, the International Joint Commission determined 
     that the impacts of mining proposals on the environmental 
     values of the Flathead River Basin, including on water 
     quality, sport fish populations, and habitat, could not be 
     fully mitigated;
       (E) the Flathead River forms the western and southern 
     boundaries of the world's first International Peace Park, 
     Waterton-Glacier, which was inscribed as a World Heritage 
     Site in 1995 under the auspices of the World Heritage 
     Convention, adopted by the United Nations Educational, 
     Scientific, and Cultural Organization General Conference on 
     November 16, 1972;
       (F) at the 33rd session of the World Heritage Committee in 
     2009, Decision 33 COM 7B.22 (Annex 3) 2009, the World 
     Heritage Committee urged Canada in 2009 not to permit any 
     mining or energy development in the Upper Flathead River 
     Basin until the relevant environmental assessment processes 
     have been completed and to provide timely opportunities for 
     the United States to participate in environmental assessment 
     processes; and
       (G) on February 18, 2010, British Columbia and Montana 
     entered into a memorandum of understanding--
       (i) to remove mining and oil and gas development as 
     permissible land uses in the Flathead River Basin;
       (ii) to cooperate on fish and wildlife management;
       (iii) to collaborate on environmental assessment of 
     projects of cross border significance with the potential to 
     degrade land or water resources; and
       (iv) to share information proactively.

     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) Administrator.--The term `Administrator' means the 
     Administrator of the Environmental Protection Agency.
       ``(2) Columbia river basin.--The term `Columbia River 
     Basin' means the entire United States portion of the Columbia 
     River watershed.
       ``(3) Columbia river basin provinces.--The term `Columbia 
     River Basin Provinces' means the United States portion of 
     each of the Columbia River Basin Provinces identified in the 
     Fish and Wildlife Plan of the Northwest Power and 
     Conservation Council.
       ``(4) Columbia river basin toxics reduction action plan.--
       ``(A) In general.--The term `Columbia River Basin Toxics 
     Reduction Action Plan' means the plan developed by the 
     Environmental Protection Agency and the Columbia River Toxics 
     Reduction Working Group in 2010.
       ``(B) Inclusions.--The term `Columbia River Basin Toxics 
     Reduction Action Plan' includes any amendments to the plan.
       ``(5) 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.
       ``(6) 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.
       ``(7) Lower columbia river estuary.--The term `Lower 
     Columbia River Basin and 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.
       ``(8) Middle and upper columbia river basin.--
       ``(A) In general.--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.
       ``(B) Inclusions.--The term `Middle and Upper Columbia 
     River Basin' includes--
       ``(i) the Snake River and associated tributaries; and
       ``(ii) the Clark Fork and Pend Oreille Rivers and 
     associated tributaries.
       ``(9) North fork of the flathead river.--The term `North 
     Fork of the Flathead River' means the region consisting of 
     the North Fork of the Flathead River watershed, beginning in 
     British Columbia, Canada, ending at the confluence of the 
     North Fork and the Middle Fork of the Flathead River in the 
     State of Montana.
       ``(10) Program.--The term `Program' means the Columbia 
     River Basin Restoration Program established under subsection 
     (b)(1).
       ``(11) Transboundary flathead river basin.--The term 
     `transboundary Flathead River Basin' means the region 
     consisting of the Flathead River watershed, beginning in 
     British Columbia, Canada, and ending at Flathead Lake, 
     Montana.
       ``(12) Working group.--The term `Working Group' means--

[[Page S5542]]

       ``(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.--The Administrator shall establish 
     within the Environmental Protection Agency a Columbia Basin 
     Restoration Program.
       ``(2) Delegation of authority; staffing.--The Administrator 
     shall delegate such authority and provide such additional 
     staff as are necessary to carry out the Program.
       ``(3) Scope of program.--
       ``(A) In general.--The Program shall consist of a 
     collaborative stakeholder-based approach to reducing toxic 
     contamination throughout the Columbia River Basin.
       ``(B) 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; and
       ``(iii) coordinate with other efforts, including activities 
     of other Federal agencies in the Columbia River Basin, to 
     avoid duplicating activities or functions.
       ``(C) 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.
       ``(4) Duties.--The Administrator shall--
       ``(A) provide the Working Group with data, analysis, 
     reports, or other information;
       ``(B) provide technical assistance to the Working Group, 
     and to States, local government entities, and Indian tribes 
     participating in the Working Group, to assist those agencies 
     and entities in--
       ``(i) planning or evaluating potential projects;
       ``(ii) implementing plans;
       ``(iii) implementing projects; and
       ``(iv) monitoring and evaluating the effectiveness of 
     projects and the implementation of plans and projects;
       ``(C) provide information to the Working Group on plans 
     already developed by the Administrator or by other Federal 
     agencies to enable the Working Group to avoid unnecessary or 
     duplicative projects or activities;
       ``(D) provide coordination with other Federal agencies to 
     avoid duplication of activities or functions;
       ``(E)(i) complete and periodically update the Columbia 
     River Basin Toxics Reduction Action Plan and the Estuary 
     Plan; and
       ``(ii) 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 entire Columbia River Basin; and
       ``(F) implement, including by providing grants pursuant to 
     subsection (e), projects and conduct activities, including 
     monitoring, assessment, and toxic contamination reduction 
     activities, that are--
       ``(i) identified by the Working Group;
       ``(ii) included in the Columbia River Basin Toxics 
     Reduction Action Plan and the Estuary Plan; or
       ``(iii) identified under subsection (d) and located in the 
     Transboundary Flathead River Basin.
       ``(c) Stakeholder Working Group.--
       ``(1) Establishment.--The Administrator shall establish a 
     Columbia River Basin Toxics Reduction Working Group.
       ``(2) Membership.--The members of the Working Group shall 
     include, at a minimum, representatives of--
       ``(A) each State located in whole or in part within the 
     Columbia River Basin;
       ``(B) each Indian tribe with legally defined rights and 
     authorities in the Columbia River Basin that elects to 
     participate on the Working Group;
       ``(C) local governments located in the Columbia River 
     Basin;
       ``(D) industries operating in the Columbia River Basin that 
     affect or could affect water quality;
       ``(E) electric, water, and wastewater utilities operating 
     in the Columba River Basin;
       ``(F) private landowners in the Columbia River Basin;
       ``(G) soil and water conservation districts in the Columbia 
     River Basin;
       ``(H) environmental organizations that have a presence in 
     the Columbia River Basin; and
       ``(I) the general public in the Columbia River Basin.
       ``(3) Geographic representation.--The Working Group shall 
     include representation from each of the Columbia River Basin 
     Provinces located in the Columbia River Basin.
       ``(4) Appointment.--
       ``(A) Nontribal members.--The Administrator, with the 
     consent of the Governor of each State located in whole or in 
     part within the Columbia River Basin, shall appoint nontribal 
     members of the Working Group not later than 180 days after 
     the date of enactment of this section.
       ``(B) Tribal members.--The governing body of each Indian 
     tribe described in paragraph (2)(B) shall appoint tribal 
     members of the Working Group not later than 180 days after 
     the date of enactment of this section.
       ``(5) Duties.--The Working Group 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) develop periodic updates to the Columbia River Basin 
     Toxics Reduction Action Plan and, in the Estuary, the Estuary 
     Plan;
       ``(D) submit to the Administrator annually a prioritized 
     list of projects, including monitoring, assessment, and toxic 
     contamination reduction projects, that would implement the 
     Columbia River Basin Toxics Reduction Action Plan or, in the 
     Lower Columbia River Estuary, the Estuary Plan, for 
     consideration for funding pursuant to subsection (e); and
       ``(E) monitor the effectiveness of actions taken pursuant 
     to this section.
       ``(6) Lower columbia river estuary.--In the Lower Columbia 
     River Estuary, the Estuary Partnership shall function as the 
     Working Group and execute the duties of the Working Group 
     described in this subsection for such time as the Estuary 
     Partnership is the management conference for the Lower 
     Columbia River National Estuary Program.
       ``(7) Participation by states.--At the discretion of the 
     Governor of a State, the State--
       ``(A) may elect not to participate in the Working Group 
     established under this paragraph; and
       ``(B) may provide comments to the Administrator on the 
     prioritized list of projects submitted pursuant to paragraph 
     (5)(D).
       ``(d) Transboundary Flathead River Basin.--
       ``(1) Short title.--This subsection may be cited as the 
     `Transboundary Flathead River Basin Protection Act of 2010'.
       ``(2) Action by president.--The President shall take steps 
     to preserve and protect the unique, pristine area of the 
     transboundary Flathead River, with a particular focus on the 
     North Fork of the Flathead River.
       ``(3) Transboundary cooperation.--In taking such steps, the 
     President may engage in negotiations with the Government of 
     Canada to establish an executive agreement, or other 
     appropriate tool, to ensure permanent protection for the 
     North Fork of the Flathead River watershed and the adjacent 
     area of Glacier-Waterton National Park.
       ``(4) Participation in cooperative efforts.--
       ``(A) In general.--The President may participate in cross-
     border collaborations with Canada on environmental 
     assessments of any project of cross-border significance that 
     has the potential to degrade land or water resources by 
     providing for on-going involvement of appropriate Federal 
     agencies of the United States in such assessments.
       ``(B) Collaboration.--In carrying out subparagraph (A), the 
     President shall include in collaborations under that 
     subparagraph appropriate Federal agencies, such as--
       ``(i) the Environmental Protection Agency;
       ``(ii) the Department of Interior;
       ``(iii) the United States Fish and Wildlife Service;
       ``(iv) the National Park Service;
       ``(v) the Forest Service; and
       ``(vi) such other agencies as the President determines to 
     be appropriate.
       ``(5) Assessments and projects.--The President, acting 
     through the Administrator, may provide grants under 
     subsection (e) for the following purposes:
       ``(A) Developing baseline environmental conditions in the 
     transboundary Flathead River Basin.
       ``(B) Assessing the impact of any proposed projects on the 
     natural resources, water quality, wildlife, or environmental 
     conditions in the transboundary Flathead River Basin.
       ``(C) Implementation of transboundary cooperative efforts 
     identified by the governments of the United States and Canada 
     under subsection (b)(2).
       ``(D) Projects to protect and preserve the natural 
     resources, water quality, wildlife, and environmental 
     conditions in the transboundary Flathead River Basin.
       ``(e) Grants.--
       ``(1) In general.--The Administrator may provide grants to 
     State and regional water pollution control agencies and 
     entities, other State and local government entities, Indian 
     tribes, nonprofit private agencies, institutions, 
     organizations, and individuals for use in paying costs 
     incurred in carrying out activities that would develop or 
     implement plans or projects updated, developed, or authorized 
     under this section (including for purposes described in 
     subsection (d)(4)).
       ``(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, interstate, or regional agency, an Indian 
     tribe, or a local government entity) 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.

[[Page S5543]]

       ``(B) Exceptions.--With respect to cost-sharing for a grant 
     provided under this subsection--
       ``(i) an Indian tribe 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 for fiscal years 2012 
     and 2013, the Administrator shall use--
       ``(A) not less than \1/3\ of the funds to make grants for 
     projects, programs, and studies in the Lower Columbia River 
     Estuary; and
       ``(B) not less than \1/3\ of the funds to make grants for 
     projects, programs, and studies in the Middle and Upper 
     Columbia River Basin.
       ``(4) Reporting.--Not later than 18 months after the date 
     of receipt of a grant under this subsection, and biennially 
     thereafter for the duration of the grant, a person (including 
     a State, interstate, or regional agency, an Indian tribe, or 
     a local government entity) that receives a grant under this 
     subsection shall submit to the Administrator a report that 
     describes the progress being made in achieving the purposes 
     of this section using funds from the grant.
       ``(f) 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.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     section $33,000,000 for each of fiscal years 2012 through 
     2017, to remain available until expended.''.

  Mr. BAUCUS. Mr. President, I rise today with Senator Merkley, Senator 
Tester, Senator Crapo, and others to introduce the Columbia River Basin 
Restoration Act of 2010. The bill authorizes much needed funds to 
implement toxics reduction projects throughout the basin, and it 
authorizes next steps in our longstanding effort to protect and 
preserve the transboundary Flathead Basin. The Columbia River Basin is 
one of the great water basins along our border with Canada that binds 
our two nations together. The river spans about 1,200 miles and travels 
through 14 dams from Columbia Lake, British Columbia all the way to the 
Pacific Ocean. Several of the major subasins of the Columbia are 
located in Montana, including the Kootenai, the Flathead, the Clark 
Fork, the Blackfoot, and the Bitterroot. Toxics contamination is a 
problem in several of these subasins, and I am very pleased to be a 
cosponsor of the Columbia River Basin Restoration Act of 2010, which 
will authorize much needed resources to address toxics contamination.
  The Columbia River Basin Restoration Act of 2010 also includes the 
Transboundary Flathead Basin Protection Act of 2010. This part of the 
bill addresses the unique needs of one of the areas that I love about 
Montana. Everyone who experiences the North Fork of the Flathead in 
northwestern Montana is awed by its pristine waters, larger-than-life 
landscapes, and breathtaking views. With its headwaters in British 
Columbia, the North Fork of the Flathead River forms the western 
boundary of Glacier National Park--it is one of the last untouched 
places on our continent.
  For decades, the North Fork has been threatened by oil and gas and 
mining proposals in British Columbia. For the last 35 years, I have 
battled these proposals, one by one. After 35 years of work, we are 
beginning a new chapter of international cooperation in our efforts to 
protect the North Fork.
  In February of this year, British Columbia and Montana announced 
their intent to prevent mining, oil and gas, and coalbed methane 
development in the North Fork on the lands they control. This 
memorandum of understanding was a great foundation for additional 
efforts to establish protections that are permanent. Since 90 percent 
of the North Fork watershed is Federally-owned, Federal action is 
needed on the southern side of the U.S.-Canadian border.
  So, on March 4, Senator Tester and I introduced the North Fork 
Watershed Protection Act, S. 3075, which bans future mining, oil and 
gas, and coalbed methane development on Federal lands in the watershed. 
The bill enjoys support from business and conservation interests alike 
from all over the State, including the Kalispell Chamber, Whitefish 
Mountain Resort, the Billings Rod and Gun Club, and a long list of 
others. This breadth of support shows the importance of the North Fork 
for Montana's economy as well as our State's outdoor heritage.
  There are some current leases in the area that have been dormant 
since the late 1980s, when a court decision found that they were 
improperly issued. Senator Tester and I have been engaged in active 
discussions with the current owners to retire these old leases. On 
April 28, I was proud to announce that ConocoPhillips, the primary 
leaseholder in the North Fork watershed, elected to voluntarily 
relinquish its interest in 108 Federal oil and gas leases covering 
approximately 169,000 acres, representing 71 percent of the leased area 
in the North Fork watershed. On June 2, we announced that Chevron 
decided to voluntarily relinquish its interest in 11,000 acres of 
leases in the Flathead watershed. To date, we have managed to retire 
the primary interest in 180,000 acres in the North Fork watershed, free 
of charge to the American taxpayer.
  These actions are further evidence of the consensus that exists 
between the United States and Canada and among businesses and 
conservationists, that the withdrawal of these Federal lands from 
leasing is the only path forward.
  The transboundary Flathead section of the Columbia River Restoration 
Act of 2010 authorizes the next phase of our efforts to protect the 
Flathead. Just yesterday, the White House issued a statement that 
during the G20 meeting in Toronto, President Obama and Prime Minister 
Harper discussed the transboundary Flathead, recognizing the memorandum 
of understanding between British Columbia and Montana and exploring 
ways that the two governments can cooperate to ensure sustained 
protection of the North Fork. Senator Tester and I asked the President 
to discuss this issue with the Prime Minister on June 9th, and we are 
very pleased that the two made this a priority in light of the agenda 
at the G20. This commitment from the highest levels of government sets 
the stage for four-party talks between the United States, Canada, 
British Columbia, and Montana to establish permanent protections.
  The Columbia River Basin Restoration Act of 2010 takes three key 
steps to move things forward in the Flathead. Before I walk through 
those, it is important to recognize that this is an authorization bill. 
It authorizes specific actions by the Federal Government and authorizes 
appropriations in support of those actions. It is important to remember 
that Congress works in a two-step process--first the authorization, 
then, once signed into law, appropriations follow.
  The bill authorizes the President to take steps to preserve and 
protect the transboundary Flathead River Basin. It is clear that the 
President has authority under the Boundary Waters Treaty of 1909, the 
Clean Water Act, and other statutes to take steps to prevent water 
pollution and protect wildlife in the transboundary Flathead. This 
section requires that the President act to meet these goals and 
provides explicit authority for the President to negotiate with Canada 
to ensure permanent protection for the North Fork and Glacier-Waterton 
National Park.
  The bill authorizes the President, acting through appropriate 
agencies, to participate in cross-border collaborations and 
environmental assessments with Canada. Federal agency participation in 
such assessments is anticipated in the MOU between British Columbia and 
Montana, and our bill provides the authority for this to occur. 
Finally, the bill authorizes grants for baseline environmental studies, 
analysis of environmental impacts of any proposed projects, 
implementation of transboundary cooperative efforts, and other projects 
to protect and preserve the transboundary Flathead River Basin.
  Funds for these and other purposes in the Columbia River Restoration 
Act of 2010 would be provided through the appropriations process, once 
this bill is signed into law.

[[Page S5544]]

  Mr. President, I want to reflect for a moment on how far we have come 
in Montana in efforts to protect the North Fork. In 1975, during my 
very first term in the House of Representatives, I introduced a bill to 
designate the Flathead River as a Wild and Scenic River. It was 
designated a Wild and Scenic River in 1976.
  For me, that began a lifelong effort to protect the North Fork. At 
that time I said:

       A hundred years from now, and perhaps much sooner, those 
     who follow us will survey what we have left behind.

  The retirement of current oil and gas leases in the Flathead, the 
Energy Committee's very positive hearing on April 28 on S. 3075, the 
North Fork Watershed Protection Act 2010, President Obama's action 
yesterday with Prime Minister Harper, our introducing of this 
bipartisan legislation today and its eventual passage are all steps in 
a decades-long process to protect this gem of the continent.
  I know that if we continue to cooperate with Canada, that if we can 
all keep our eye on the ball of long-term protection for the North 
Fork, that every Montanan, every American, and every Canadian who 
follows us will have the opportunity to share our feeling of awestruck 
wonder that such a place still exists, almost untouched by the modern 
world.

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