S. Rept. 111-358 - COLUMBIA RIVER BASIN RESTORATION ACT111th Congress (2009-2010)
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Calendar No. 681
111th Congress } { Report
2d Session } SENATE { 111-358
=======================================================================
COLUMBIA RIVER BASIN RESTORATION ACT
_______
December 8, 2010.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, having
considered the Columbia River Basin Restoration Act, an
original bill to amend the Federal Water Pollution Control Act
to establish within the Environmental Protection Agency a
Columbia Basin Restoration Program, reports an original bill
favorably thereon and recommends that the bill do pass.
General Statement and Background
Including seven states and 259,000 square miles, the
Columbia River Basin drains the major rivers of the Northwest.
The Snake River is the basin's longest tributary, running more
than 1,000 miles from near the continental divide in
Yellowstone Park in Wyoming through Idaho's Snake River Plain
to its mouth with the Columbia in eastern Washington.
Additionally, Montana's largest river by volume, the Clark
Fork, drains much of western Montana and turns into the Pend
Oreille River in Idaho before flowing into the Columbia just
across the border in Canada. The watershed also drains northern
portions of Nevada and Utah.
The Columbia River Basin is the lifeblood of the region's
economy and has been the foundation of a trade-based economy
stretching back thousands of years. Today the Basin stands as
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. The Basin remains a
significant resource to much of the Northwest's commercial and
recreational fishing industries. The Basin is the backbone of
the region's energy supply, with a network of dams providing
the majority of the region's electricity. Over 6,000,000 acres
of agricultural land relies on irrigation from the Basin.
Like many of the nation's large aquatic ecosystems, a
legacy of toxic contamination has created challenges. In 2002,
EPA completed its Columbia River Basin Fish Contaminant Survey.
The survey identified 92 chemicals in the tissues of fish,
which can pass up through the food chain to humans who consume
fish. All 11 species of fish tested had some level of
contamination in their tissue. Contamination of fish tissues
poses a health threat, particularly for tribal populations. A
survey conducted by the Columbia River Intertribal Fish
Commission found that tribal members consumed between 6 and 10
times as much fish as the national average.
Stakeholders across the region are working on voluntary
efforts to clean up and restore the river. While EPA has
designated the Columbia River Basin as among the Large Aquatic
Ecosystems to enhance coordination among stakeholders, the
Columbia River Basin does not have a congressionally authorized
program or dedicated appropriations to support its toxic
contamination reduction efforts.
Objectives of the Legislation
The Act amends the Federal Water Pollution Control Act to
establish within the Environmental Protection Agency a Columbia
Basin Restoration Program, which will work with stakeholders to
assist coordination of voluntary toxic contamination activities
throughout the basin, authorize EPA to provide funding to
implement projects that the stakeholder working group develops
and prioritizes, and authorizes a program for the Flathead
River Basin, a sub-basin of the Columbia River Basin.
Section-by-Section Analysis
Section 1. Short title
Section 1 notes that this Act may be cited as the
``Columbia River Basin Restoration Act of 2010.''
Section 2. Findings
This section establishes Congressional findings relating to
the importance of the Columbia River Basin to the ecology and
economy of the nation and the Pacific Northwest, the
significance of toxic contamination in the Basin, and, with
regard to the Flathead River Basin, the importance of that
basin and the history of international and intergovernmental
agreements regarding the Flathead River Basin.
Section 3. Columbia River Basin Restoration
Section 3 amends the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) by adding at the end a new Section 123
on Columbia River Basin Restoration.
Subsection (a) establishes definitions for certain terms
used in the section.
Subsection (b) directs the Administrator of the
Environmental Protection Agency to establish a Columbia Basin
Restoration Program within the agency, defines the scope of the
Program, clarifies that the Program should build on the work of
the existing Columbia River Toxics Reduction Working Group
(and, in the lower Columbia River Estuary, the work of the
Estuary Partnership) and coordinate with other Federal
agencies, and clarifies that the establishment of the Program
does not modify the authorities or roles of Federal agencies in
the Columbia Basin. This subsection defines the duties of the
Administrator, which primarily relate to assisting the Working
Group established in subsection (c) by providing data and
technical assistance to help with monitoring conditions and
developing, updating, or implementing plans and projects; by
coordinating with other Federal agencies; by completing and
updating plans; and by implementing projects identified by the
Working Group (including by providing funding to implement the
projects).
Subsection (c) establishes the Stakeholder Working Group
that is central to the program, establishes requirements for
representation of specific constituencies on the Working Group
as well as geographic representation, and establishes a process
for appointing members. It provides for the Working Group's
duties to include assessing trends in toxic contamination in
the Basin, developing updates to the Columbia River Basin
Toxics Reduction Action Plan, submitting to the Administrator
annually a prioritized list of projects to implement the plan,
and monitoring the effectiveness of actions taken under this
act. The subsection also stipulates that in the Lower Columbia
River Estuary, the Estuary Partnership will execute all the
duties of the Working Group and allows a Governor to elect not
to have the State participate in the Working Group.
Subsection (d) consists of the Transboundary Flathead River
Basin Protection Act, which directs the President to take steps
to protect the river, authorizes negotiations with the
Government of Canada, authorizes participation in cross-border
collaboration with Canada to assess projects of cross-border
significance, and specifies uses for which the Administrator
may provide funding under subsection (e).
Subsection (e) authorizes the Administrator to provide
funding to implement the activities authorized by the bill. It
specifies that the federal share will not exceed 75%, but
allows the Administrator to increase the Federal share and
clarifies that an Indian tribe may use Federal funds to provide
the non-Federal share. The subsection also specifies that in
fiscal years 2012 and 2013, the 1/3 of the funds must be used
for activities in the Lower Columbia River Estuary and 1/3 must
be used for activities in the Middle and Upper Columbia River
Basin.
Subsection (f) requires the President to submit budget
information to Congress that communicates amounts obligated and
amounts budgeted for restoration projects in the Columbia River
Basin by agencies across the Federal government.
Legislative History
On February 24, 2010, the Full Senate Committee on
Environment and Public Works and the Subcommittee on Water and
Wildlife held a joint hearing on legislative approaches to
protecting Great Water Bodies. The hearing included a
discussion of legislation to address toxic contamination issues
and reduction activities in the Columbia River basin.
The Columbia River Basin Restoration Act of 2010 is an
original bill authored by Senator Merkley.
During committee consideration of the bill, Senators
Merkley, Crapo, and Baucus offered a substitute amendment
making changes to the findings, adding the requirement for
geographic distribution of funds, and adding the provision
allowing Governors to elect not to participate in the Working
Group but providing for them to have opportunity to comment to
EPA on projects proposed by the Working Group.
Senators Merkley, Crapo, and Baucus also offered a second-
degree amendment to their first-degree amendment, also in the
nature of a substitute. The second-degree amendment made
changes of a technical nature and also added a requirement that
electric, water, and wastewater utilities be represented on the
Stakeholder Working Group.
The second-degree amendment was adopted by voice vote and
the first-degree amendment, as amended, was also adopted by
voice vote. The committee approved the bill, as amended, by
voice vote.
S. 3550, a bill identical to the version reported by the
Committee, was introduced by Senator Merkley on June 29, 2010
and has 4 co-sponsors. The bill was received, read twice, and
referred to the Senate Committee on Environment and Public
Works.
Rollcall Votes
The Committee on Environment and Public Works met to
consider the Columbia River Basin Restoration Act of 2010 on
June 30, 2010. The bill was ordered to be reported favorably
with an amendment in the nature of a substitute by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that the
Columbia River Restoration Act of 2010 does not create any
additional regulatory burdens, nor will it cause any adverse
impact on the personal privacy of individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee noted that the Congressional
Budget Office (CBO) has found, ``The bill contains no
intergovernmental or private-sector mandates as defined in
UMRA.''
Congressional Budget Office Cost Estimate
July 13, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for the Columbia River
Basin Restoration Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Martin von
Gnechten.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
Columbia River Basin Restoration Act of 2010
Summary: The bill would establish the Columbia Basin
Restoration Program of the Environmental Protection Agency
(EPA) and the Columbia River Basin Toxics Reduction Working
Group, composed of relevant stakeholders. The legislation would
authorize EPA to distribute grants to assess, restore, and
protect water quality and natural resources in the Columbia
River Basin.
This legislation would authorize the annual appropriation
of $33 million over the 2012-2017 period for program costs and
grants to nonprofit organizations, state and local governments,
Indian tribes, and other eligible entities for various
activities, including developing and implementing projects in
the Flathead River Basin. Assuming appropriation of the
authorized funds, CBO estimates that implementing the bill
would cost $109 million over the 2011-2015 period and an
additional $89 million after 2015.
Pay-as-you-go procedures do not apply to this legislation
because it would not affect direct spending or revenues.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of the legislation is shown in the following
table. The costs of this legislation fall within budget
function 300 (natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATIONEstimated Authorization Level........................... 0 33 33 33 33 132
Estimated Outlays....................................... 0 15 28 33 33 109
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted near the beginning of fiscal year 2011 and
that authorized amounts will be appropriated in each year.
Estimated outlays are based on historical spending patterns for
similar grants and programs.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: The bill
contains no intergovernmental or private-sector mandates as
defined in UMRA. State, local, and tribal governments would
benefit from grants and technical assistance authorized in the
bill. Any costs to those governments would be incurred
voluntarily as a condition of federal assistance.
Estimate prepared by: Federal Costs: Martin von Gnechten;
Impact on State, Local, and Tribal Governments: Ryan Miller;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 101. (a) The objective of this Act is to restore and
maintain the chemical, physical, and biological integrity of
the Nation's waters. In order to achieve this objective it is
hereby declared that, consistent with the provisions of this
Act--
(1)* * *
* * * * * * *
SEC. 122. WET WEATHER WATERSHED PILOT PROJECTS.
(a) In General.--* * *
* * * * * * *
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--
(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.
(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.