33 U.S.C. § 1275 — Columbia River Basin Restoration
submitted 78 years ago by Pub. L. 114-322 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 1,355 words · no verdicts yet
This section creates the Columbia River Basin Restoration Program and a stakeholder Working Group. It assigns water-quality and grant duties, sets grant shares and reporting rules, and requires annual budget information.
(a)(1) “Columbia River Basin” means the entire United States part of the Columbia River watershed. (2) “Estuary Partnership” means the Lower Columbia Estuary Partnership created by Oregon, Washington, and the Environmental Protection Agency under section 1330. (3) “Estuary Plan” means the Comprehensive Conservation and Management Plan adopted by the Environmental Protection Agency and the Governors of Oregon and Washington on October 20, 1999, under section 1330, including amendments. (4) “Lower Columbia River Estuary” means the main Columbia River from Bonneville Dam to the Pacific Ocean* and tidally influenced tributary portions in that region. (5) “Middle and Upper Columbia River Basin” means the United States part of the Columbia River Basin above Bonneville Dam. (6) “Program” means the Columbia River Basin Restoration Program established under subsection (b)(1)(A).
(b)(1)(A) The Administrator must establish the Program within the Environmental Protection Agency. (B)(i) Establishing it does not change any legal or regulatory authority or program in effect on December 16, 2016, including Federal-agency roles in the Basin. (ii) This section creates no new regulatory authority. (2) The Program is a collaborative, stakeholder-based program for environmental protection and restoration throughout the Basin. (3) The Administrator must assess water-quality trends, including trends affecting water uses; collect, describe, and assess water-quality data to identify possible environmental causes; and provide grants under subsection (d) for projects that eliminate or reduce pollution*, clean contaminated sites, improve water quality, monitor trends, reduce runoff, protect habitat, or promote public participation or knowledge.
(c)(1) The Administrator must establish a Columbia River Basin Restoration Working Group, called the “Working Group.” (2)(A) Membership is voluntary, and an invited person* may decline. (B) At minimum, the Administrator must invite representatives of each State* partly or wholly in the Basin; those States' Governors; each federally recognized Indian tribe in the Basin; Basin local governments; industries affecting or potentially affecting water quality; electric, water, and wastewater utilities; private landowners; soil and water conservation districts; nongovernmental organizations present in the Basin; the Basin's general public; and the Estuary Partnership. (3) The Working Group must include representatives from each such State and from the lower, middle, and upper Basin. (4) It must recommend and prioritize projects and actions and review their progress and effectiveness. (5)(A) While the Estuary Partnership is the management conference for the Lower Columbia River National Estuary Program under section 1330, it performs those Working Group duties for the Lower Columbia River Estuary. (B) If it stops being that management conference, the Administrator may designate the new conference to perform those duties. (C) If the Partnership is removed from the National Estuary Program, the duties for the lower 146 miles of the Columbia River become Working Group duties.
(d)(1) The Administrator must establish a voluntary, competitive grant program for State and tribal governments, regional water-pollution-control agencies and entities, local governments, nongovernmental entities, and soil and water conservation districts to develop or carry out authorized environmental protection and restoration projects throughout the Basin. (2)(A) Unless (B) applies, Federal funds may cover no more than 75 percent of project or activity cost, and the non-Federal share must come from non-Federal sources. (B) A tribal government may use Federal funds for its non-Federal share, and the Administrator may increase the Federal share when the Administrator considers it appropriate. (3) Of appropriated funds, the Administrator must use at least 25 percent for the Lower Columbia River Estuary; at least 25 percent for the Middle and Upper Basin, including the Snake River Basin; and no more than 5 percent for EPA implementation. (4) Each recipient must report progress to the Administrator. The Administrator sets reporting requirements and deadlines. (5) This subsection does not limit the Partnership's eligibility for section 1330(g) funding. These funds may not administer a section 1330 management conference. (6) Congress authorizes $30,000,000 for each fiscal year 2020 and 2021.
(e) In the President's annual budget submission under section 1105(a) of title 31, the President must provide information about each Federal agency involved in Basin protection and restoration, including an interagency crosscut budget showing for each agency: (1) amounts obligated in the preceding fiscal year; (2) the estimated current-year budget; and (3) the proposed budget for related Basin projects, programs, and studies.
In this section, the following definitions apply:
The term “Columbia River Basin” means the entire United States portion of the Columbia River watershed.
The term “Estuary Partnership” means the Lower Columbia Estuary Partnership, an entity created by the States of Oregon and Washington and the Environmental Protection Agency under section 1330 of this title.
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 1330 of this title.
The term “Estuary Plan” includes any amendments to the plan.
The term “Lower Columbia River Estuary” means the mainstem Columbia River from the Bonneville Dam to the Pacific Ocean* and tidally influenced portions of tributaries to the Columbia River in that region.
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.
The term “Program” means the Columbia River Basin Restoration Program established under subsection (b)(1)(A).
The Administrator shall establish within the Environmental Protection Agency a Columbia River Basin Restoration Program.
The establishment of the Program does not modify any legal or regulatory authority or program in effect as of December 16, 2016, including the roles of Federal agencies in the Columbia River Basin.
This section does not create any new regulatory authority.
The Program shall consist of a collaborative stakeholder-based program for environmental protection and restoration activities throughout the Columbia River Basin.
The Administrator shall—
assess trends in water quality, including trends that affect uses of the water of the Columbia River Basin;
collect, characterize, and assess data on water quality to identify possible causes of environmental problems; and
provide grants in accordance with subsection (d) for projects that assist in—
eliminating or reducing pollution*;
cleaning up contaminated sites;
improving water quality;
monitoring to evaluate trends;
reducing runoff;
protecting habitat; or
promoting citizen engagement or knowledge.
The Administrator shall establish a Columbia River Basin Restoration Working Group (referred to in this subsection as the “Working Group”).
Membership in the Working Group shall be on a voluntary basis and any person* invited by the Administrator under this subsection may decline membership.
The Administrator shall invite, at a minimum, representatives of—
each State* located in whole or in part in the Columbia River Basin;
the Governors of each State located in whole or in part in the Columbia River Basin;
each federally recognized Indian tribe in the Columbia River Basin;
local governments in the Columbia River Basin;
industries operating in the Columbia River Basin that affect or could affect water quality;
electric, water, and wastewater utilities operating in the Columba 1 River Basin;
private landowners in the Columbia River Basin;
soil and water conservation districts in the Columbia River Basin;
nongovernmental organizations that have a presence in the Columbia River Basin;
the general public in the Columbia River Basin; and
the Estuary Partnership.
The Working Group shall include representatives from—
each State located in whole or in part in the Columbia River Basin; and
each of the lower, middle, and upper basins of the Columbia River.
The Working Group shall—
recommend and prioritize projects and actions; and
review the progress and effectiveness of projects and actions implemented.
The Estuary Partnership shall perform the duties and fulfill the responsibilities of the Working Group described in paragraph (4) as those duties and responsibilities relate to the Lower Columbia River Estuary for such time as the Estuary Partnership is the management conference for the Lower Columbia River National Estuary Program under section 1330 of this title.
If the Estuary Partnership ceases to be the management conference for the Lower Columbia River National Estuary Program under section 1330 of this title, the Administrator may designate the new management conference to assume the duties and responsibilities of the Working Group described in paragraph (4) as those duties and responsibilities relate to the Lower Columbia River Estuary.
If the Estuary Partnership is removed from the National Estuary Program, the duties and responsibilities for the lower 146 miles of the Columbia River pursuant to this section shall be incorporated into the duties of the Working Group.
The Administrator shall establish a voluntary, competitive Columbia River Basin program to provide grants to State governments, tribal governments, regional water pollution control agencies and entities, local government entities, nongovernmental entities, or soil and water conservation districts to develop or implement projects authorized under this section for the purpose of environmental protection and restoration activities throughout the Columbia River Basin.
Except as provided in subparagraph (B), the Federal share of the cost of any project or activity carried out using funds from a grant provided to any person (including a State, tribal, or local government or interstate or regional agency) under this subsection for a fiscal year—
shall not exceed 75 percent of the total cost of the project or activity; and
shall be made on condition that the non-Federal share of such total cost shall be provided from non-Federal sources.
With respect to cost-sharing for a grant provided under this subsection—
a tribal government may use Federal funds for the non-Federal share; and
the Administrator may increase the Federal share under such circumstances as the Administrator determines to be appropriate.
In making grants using funds appropriated to carry out this section, the Administrator shall—
provide not less than 25 percent of the funds to make grants for projects, programs, and studies in the Lower Columbia River Estuary;
provide not less than 25 percent of the funds to make grants for projects, programs, and studies in the Middle and Upper Columbia River Basin, including the Snake River Basin; and
retain not more than 5 percent of the funds for the Environmental Protection Agency for purposes of implementing this section.
Each grant recipient under this subsection shall submit to the Administrator reports on progress being made in achieving the purposes of this section.
The Administrator shall establish requirements and timelines for recipients of grants under this subsection to report on progress made in achieving the purposes of this section.
Nothing in this subsection limits the eligibility of the Estuary Partnership to receive funding under section 1330(g) of this title.
None of the funds made available under this subsection may be used for the administration of a management conference under section 1330 of this title.
There is authorized to be appropriated to carry out this subsection $30,000,000 for each of fiscal years 2020 and 2021.
The President, as part of the annual budget submission of the President to Congress under section 1105(a) of title 31, 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—
the amounts obligated for the preceding fiscal year for protection and restoration projects, programs, and studies relating to the Columbia River Basin;
the estimated budget for the current fiscal year for protection and restoration projects, programs, and studies relating to the Columbia River Basin; and
the proposed budget for protection and restoration projects, programs, and studies relating to the Columbia River Basin.
Source credit: (June 30, 1948, ch. 758, title I, § 123, as added Pub. L. 114–322, title IV, § 5010, Dec. 16, 2016, 130 Stat. 1898; amended Pub. L. 115–270, title IV, § 4105, Oct. 23, 2018, 132 Stat. 3875.)
- 1948Enacted · Pub. L. 114-322 · 130 Stat. 1898
- 2018Amended · Pub. L. 115-270 · 132 Stat. 3875
A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-322 on 1948-06-30.
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