Sec. 503. Columbia River Basin Task Force
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Not later than 60 days after the date of enactment of this Act, the Secretary shall establish a task force, to be known as the Columbia River Basin Task Force. The Task Force shall be composed of— a representative of the Corps of Engineers, who shall serve as Chairperson; a representative of the Department of Agriculture; a representative of the Bureau of Reclamation; a representative of the Bureau of Indian Affairs; a representative of the National Marine Fisheries Service; a representative of the Bonneville Power Administration; and each member of the Trust.
The Task Force shall— meet not less frequently than 4 times each year; establish procedures for the preparation and approval of the restoration plan under subsection (e), which shall include a requirement that any final restoration plan be approved by at least 2/3 of the members of the Task Force; and prepare the restoration plan in accordance with subsection (e), including— reviewing restoration projects that may be included in the restoration plan; and developing recommendations to be included in the restoration plan.
Not later than 12 months after the date of enactment of this Act, the Secretary shall transmit to the Task Force a report containing the results of an assessment, carried out at full Federal expense, of water resources needs in the Columbia River Basin, including an assessment of— the effects of the Lower Snake River Dams on the Federal, State, and regional economies; the effects in the Columbia River Basin of the Lower Snake River Dams on— recreation; hydropower generation and associated carbon emissions reductions; water supplies; flood control; marine transportation; fish and wildlife, particularly anadromous salmonids and other species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); down-river water quality, including temperature, sedimentation, and dissolved oxygen; and Tribal treaty rights and culturally or historically significant Tribal lands; non-breaching alternatives for increasing fish passage and salmon recovery; and other issues, as requested by the Task Force.
In preparing the report under paragraph (1), the Secretary shall consult with— the Task Force; the Governor of each covered State; and the government of each covered Tribe. Not later than 2 years after the date on which the Secretary transmits the report under subsection (d), the Task Force shall prepare, at full Federal expense, a restoration plan for the Columbia River Basin, based on the results of the assessment contained in the report. The Task Force shall include in the restoration plan— a description of the overall goals of the restoration plan; recommendations for restoration projects in the Columbia River Basin, which may address any of— salmon recovery in the Columbia River Basin; water quality and water supply improvements along the Snake River System; low-carbon emission transportation and shipping routes;
Tribal treaty rights, and the protection of Tribal historical and cultural resources throughout the Columbia River Basin; Federal, State, and regional economies; recreation and tourism; hydropower generation and associated carbon emissions reductions; and flood control; and recommendations for any other appropriate actions that may help achieve the goals of the restoration plan. The Task Force may, on an annual basis, revise the restoration plan. Before finalizing the restoration plan, including any revision of the restoration plan, the Task Force shall make a proposed restoration plan available for public review and comment.
The Secretary shall transmit the final restoration plan, including any finalized revision of the restoration plan, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and to each Member of Congress from a covered State. The Secretary, in coordination with the Task Force, shall identify critical restoration projects included in the final restoration plan transmitted under subsection (e)(5) that may be carried out in accordance with the criteria for projects carried out under a continuing authority program.
The Secretary may carry out a critical restoration project identified under paragraph
(1)after entering into an agreement with an appropriate non-Federal interest in accordance with section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ) and this section. To the maximum extent practicable, the Secretary shall ensure that not less than 30 percent of the funds made available for critical restoration projects identified under paragraph
(1)shall be used exclusively for projects that are— within the boundary of an Indian reservation; or administered by an Indian Tribe. A non-Federal cost share shall be required to carry out any project under this subsection that does not primarily benefit the Federal Government, as determined by the Task Force. The Federal share of the cost of carrying out a project under this subsection for which the Task Force requires a non-Federal cost share under subparagraph
(A)shall be 65 percent, except that such Federal share shall not exceed $10,000,000 for any project. Not more than 50 percent of the non-Federal share of the cost of carrying out a project described in subparagraph
(B)may be provided in the form of services, materials, or other in-kind contributions. For any project described in subparagraph (B), the non-Federal interest shall— provide all land, easements, rights-of-way, dredged material disposal areas, and relocations; pay all operation, maintenance, replacement, repair, and rehabilitation costs; and hold the United States harmless from all claims arising from the construction, operation, and maintenance of the project. For purposes of clause (i), the Secretary shall credit the non-Federal interest for contributions provided under clause (ii)(I). Nothing in this section authorizes the Secretary to modify, deauthorize, or remove any of the Lower Snake River Dams.
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- 42 USC 1962d–5b
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