Fundamentally Improving Salmon Habitat Act or the FISH Act - Amends the Water Resources Development Act of 2000 to revise requirements for studies and ecosystem restoration projects for the lower Columbia River and Tillamook Bay estuaries, Oregon and Washington. Directs the Secretary of the Interior to: (1) conduct studies and ecosystem restoration projects with total costs of $2 million or greater per project (designated as "large projects"); and (2) provide grants to the Lower Columbia Estuary Partnership, the Lower Columbia Fish Recovery Board, and the Tillamook Estuaries Partnership to conduct projects with total costs of less than $2 million per project ("small projects"). Revises and adds requirements relating to administration of such projects, including the provision of technical assistance to entities carrying out small projects, the determination of priority for large and small projects, and the allocation of funding for small projects.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3414 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3414
To amend the Water Resources Development Act of 2000 with respect to
ecosystem restoration in the lower Columbia River and Tillamook Bay
estuaries.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 30, 2013
Ms. Herrera Beutler (for herself, Mr. Blumenauer, Mr. Schrader, and Ms.
Bonamici) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on Natural Resources, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Water Resources Development Act of 2000 with respect to
ecosystem restoration in the lower Columbia River and Tillamook Bay
estuaries.
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 ``Fundamentally Improving Salmon
Habitat Act'' or the ``FISH Act''.
SEC. 2. LOWER COLUMBIA RIVER AND TILLAMOOK BAY ECOSYSTEM RESTORATION,
OREGON AND WASHINGTON.
Section 536 of the Water Resources Development Act of 2000 (114
Stat. 2661) is amended as follows:
(1) By amending subsection (a) to read as follows:
``(a) In General.--The Secretary shall, for the lower Columbia
River and Tillamook Bay estuaries, Oregon and Washington--
``(1) conduct ecosystem restoration projects with total
costs of $2,000,000 or greater per project, and studies
relating to such projects; and
``(2) in accordance with an allocation plan submitted under
subsection (h)(1), provide grants for ecosystem restoration
projects with total costs of less than $2,000,000 per project--
``(A) in the case of projects for the lower
Columbia River estuary, except as provided in
subparagraph (B), to the Lower Columbia Estuary
Partnership;
``(B) in the case of projects for the lower
Columbia River mainstem tributaries in Washington, to
the Lower Columbia Fish Recovery Board; and
``(C) in the case of projects for the Tillamook Bay
estuary, to the Tillamook Estuaries Partnership.''.
(2) In subsection (b)--
(A) by amending paragraph (1)(A) to read as
follows:
``(A) In general.--In carrying out, or providing
grants for, ecosystem restoration projects for the
lower Columbia River estuary under this section, the
Secretary shall use as a guide, or ensure such use of--
``(i) the comprehensive conservation and
management plan developed by the Lower Columbia
Estuary Partnership under section 320 of the
Federal Water Pollution Control Act (33 U.S.C.
1330); and
``(ii) except in the case of projects for
the lower Columbia River mainstem tributaries,
the lower Columbia River recovery plans
developed under, and the Columbia River estuary
recovery plan module developed pursuant to,
section 4 of the Endangered Species Act (16
U.S.C. 1533).'';
(B) in paragraph (1)(B)--
(i) by striking ``The Secretary'' and
inserting the following:
``(i) Large projects.--The Secretary'';
(ii) by striking ``and the Forest Service''
and inserting ``the Forest Service, the Lower
Columbia Estuary Partnership, and, as
applicable, the Lower Columbia Fish Recovery
Board''; and
(iii) by adding at the end the following:
``(ii) Small projects.--The Secretary shall
ensure that ecosystem restoration projects for
the lower Columbia River estuary carried out by
the Lower Columbia Estuary Partnership or the
Lower Columbia Fish Recovery Board using grants
provided under this section are carried out in
consultation with the Governors of the States
of Oregon and Washington, as applicable, and
the heads of appropriate Indian tribes, the
Environmental Protection Agency, the United
States Fish and Wildlife Service, the National
Marine Fisheries Service, and the Forest
Service.'';
(C) by amending paragraph (2)(A) to read as
follows:
``(A) In general.--In carrying out, or providing
grants for, ecosystem restoration projects for the
Tillamook Bay estuary under this section, the Secretary
shall use as a guide, or ensure such use of, the
comprehensive conservation and management plan
developed by the Tillamook Estuaries Partnership under
section 320 of the Federal Water Pollution Control Act
(33 U.S.C. 1330).''; and
(D) in paragraph (2)(B)--
(i) by striking ``The Secretary'' and
inserting the following:
``(i) Large projects.--The Secretary'';
(ii) by striking ``and the Forest Service''
and inserting ``the Forest Service, and the
Tillamook Estuaries Partnership''; and
(iii) by adding at the end the following:
``(ii) Small projects.--The Secretary shall
ensure that ecosystem restoration projects for
the Tillamook Bay estuary carried out by the
Tillamook Estuaries Partnership using grants
provided under this section are carried out in
consultation with the Governor of the State of
Oregon and the heads of appropriate Indian
tribes, the Environmental Protection Agency,
the United States Fish and Wildlife Service,
the National Marine Fisheries Service, and the
Forest Service.''.
(3) In subsection (c)--
(A) in paragraph (1)--
(i) by striking ``In carrying out'' and
inserting the following:
``(A) Large projects.--In carrying out''; and
(ii) by adding at the end the following:
``(B) Small projects.--In providing grants to carry
out ecosystem restoration projects under this section,
the Secretary shall provide funding and technical
assistance to each lead entity for activities necessary
to protect, monitor, and restore fish and wildlife
habitat.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``, or provide grants for,''
after ``carry out'';
(ii) in subparagraph (A)--
(I) by inserting ``fish and
wildlife habitat,'' before
``navigation''; and
(II) by striking ``; or'' and
inserting a semicolon;
(iii) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and
(iv) by adding at the end the following:
``(C) drinking water.''; and
(C) by adding at the end the following:
``(3) Easements.--A project carried out, or for which a
grant is provided, under this section may be carried out on
private property through the use of an easement.''.
(4) By amending subsection (d) to read as follows:
``(d) Priority.--In determining the priority of projects to be
carried out under this section--
``(1) for projects carried out by the Secretary, the
Secretary shall consult with the applicable lead entities, and
shall consider the recommendations of such entities; and
``(2) the lead entities shall follow priorities set in the
comprehensive conservation and management plans and the
recovery plans and module described in subsection (b), as
applicable.''.
(5) In subsection (e)--
(A) in paragraph (2)(A)--
(i) by striking ``Non-Federal interests''
and inserting the following:
``(i) Large projects.--Non-Federal
interests'';
(ii) by inserting ``by the Secretary''
after ``carried out''; and
(iii) by adding at the end the following:
``(ii) Small projects.--The Federal share
of the cost of any project carried out using
funds from a grant provided to a lead entity
under this section--
``(I) shall not exceed 75 percent
of the total cost of the project; and
``(II) shall be made on condition
that the non-Federal share of that
total cost shall be provided from non-
Federal sources.''; and
(B) in paragraphs (3) and (4), by inserting ``by
the Secretary, or using funds provided,'' after
``carried out'' each place it appears.
(6) By redesignating subsections (f) and (g) as subsections
(g) and (h), respectively, and inserting after subsection (e)
the following:
``(f) Annual Allocations.--
``(1) Allocation plans.--For each fiscal year, the lead
entities shall jointly submit to the Secretary a plan to
allocate among the lead entities funding available for the
fiscal year under subsection (h)(2)(B).
``(2) Reports.--Each lead entity shall report annually to
the Secretary on the use of funds provided to the entity by a
grant under this section.''.
(7) In subsection (g) (as redesignated by paragraph (6))--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (4), respectively;
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) Lead entity.--The term `lead entity' means the Lower
Columbia Estuary Partnership, the Tillamook Estuaries
Partnership, or the Lower Columbia Fish Recovery Board.''; and
(C) by inserting after paragraph (2) (as so
redesignated) the following:
``(3) Lower columbia river mainstem tributaries.--The term
`lower Columbia River mainstem tributaries' means those
mainstem tributaries, exclusive of sub-tributaries, of the
Columbia River west of Bonneville Dam.''.
(8) In subsection (h) (as redesignated by paragraph (6))--
(A) by striking ``There is authorized'' and
inserting the following:
``(1) In general.--There is authorized''; and
(B) by adding at the end the following:
``(2) Project funding ratio.--Of the funds appropriated
under this subsection for each fiscal year, beginning on the
date of enactment of this paragraph, the Secretary shall use--
``(A) 75 percent for activities described in
subsection (a)(1); and
``(B) 25 percent for activities described in
subsection (a)(2).''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
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