33 U.S.C. § 1275 — Columbia River Basin Restoration

Page 402 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1274 Editorial Notes PRIOR PROVISIONS Another section 121 of act June 30, 1948, was renum- bered section 122 and is classified to section 1274 of this title. AMENDMENTS 2022—Subsec. (c)(7). Pub. L. 117–263, § 8501(c)(1)(A), added par. (7). Subsec. (d)(1). Pub. L. 117–263, § 8501(c)(1)(B), sub- stituted ‘‘identified in the comprehensive conservation and management plan approved for the Basin under section 1330 of this title’’ for ‘‘recommended by a man- agement conference convened for the Basin under sec- tion 1330 of this title’’. Subsec. (e)(1). Pub. L. 117–263, § 8501(c)(2), substituted ‘‘10,000 square mile’’ for ‘‘5,000 square mile’’. Subsec. (f)(3). Pub. L. 117–263, § 8501(c)(3), added par (3). 2012—Subsec. (d). Pub. L. 112–237, § 1(1), inserted ‘‘to pay not more than 75 percent of the costs’’ after ‘‘make grants’’ in introductory provisions. Subsec. (f)(1). Pub. L. 112–237, § 1(2), substituted ‘‘2012 and the amount appropriated for fiscal year 2009 for each of fiscal years 2013 through 2017’’ for ‘‘2011’’. 2006—Subsec. (f)(1). Pub. L. 109–392 substituted ‘‘2011’’ for ‘‘2005’’. Statutory Notes and Related Subsidiaries MANAGEMENT CONFERENCE Pub. L. 110–114, title V, § 5084, Nov. 8, 2007, 121 Stat. 1228, provided that: ‘‘For purposes of carrying out sec- tion 121 of the Federal Water Pollution Control Act (33 U.S.C. 1273), the Lake Pontchartrain, Louisiana, basin stakeholders conference convened by the Environ- mental Protection Agency, National Oceanic and At- mospheric Administration, and United States Geologi- cal Survey on February 25, 2002, shall be treated as being a management conference convened under sec- tion 320 of such Act (33 U.S.C. 1330).’’ § 1274. Watershed pilot projects (a) In general The Administrator, in coordination with the States, may provide technical assistance and grants to a municipality or municipal entity to carry out pilot projects relating to the following areas: (1) Watershed management of wet weather dis- charges The management of municipal combined sewer overflows, sanitary sewer overflows, and stormwater discharges, on an integrated wa- tershed or subwatershed basis for the purpose of demonstrating the effectiveness of a unified wet weather approach. (2) Stormwater best management practices The control of pollutants from municipal separate storm sewer systems for the purpose of demonstrating and determining controls that are cost-effective and that use innovative technologies to manage, reduce, treat, recap- ture, or reuse municipal stormwater, includ- ing techniques that utilize infiltration, evapotranspiration, and reuse of stormwater onsite. (3) Watershed partnerships Efforts of municipalities and property own- ers to demonstrate cooperative ways to ad- dress nonpoint sources of pollution to reduce adverse impacts on water quality. (4) Integrated water resource plan The development of an integrated water re- source plan for the coordinated management and protection of surface water, ground water, and stormwater resources on a watershed or subwatershed basis to meet the objectives, goals, and policies of this chapter. (5) Municipality-wide stormwater management planning The development of a municipality-wide plan that identifies the most effective place- ment of stormwater technologies and manage- ment approaches, to reduce water quality im- pairments from stormwater on a municipality- wide basis. (6) Increased resilience of treatment works Efforts to assess future risks and vulnerabilities of publicly owned treatment works to manmade or natural disasters, in- cluding extreme weather events and sea-level rise, and to carry out measures, on a system- wide or area-wide basis, to increase the resil- iency of publicly owned treatment works. (b) Administration The Administrator, in coordination with the States, shall provide municipalities partici- pating in a pilot project under this section the ability to engage in innovative practices, includ- ing the ability to unify separate wet weather control efforts under a single permit. (c) Report to Congress Not later than October 1, 2015, the Adminis- trator shall transmit to Congress a report on the results of the pilot projects conducted under this section and their possible application na- tionwide. (June 30, 1948, ch. 758, title I, § 122, formerly § 121, as added Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 112(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–225; renumbered § 122, Pub. L. 109–392, § 2, Dec. 12, 2006, 120 Stat. 2703; amended Pub. L. 113–121, title V, § 5011, June 10, 2014, 128 Stat. 1327.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–121, § 5011(1), struck out ‘‘Wet weath- er’’ before ‘‘Watershed’’ in section catchline. Subsec. (a). Pub. L. 113–121, § 5011(2)(A), in introduc- tory provisions, substituted ‘‘to a municipality or mu- nicipal entity’’ for ‘‘for treatment works’’ and struck out ‘‘of wet weather discharge control’’ after ‘‘the fol- lowing areas’’. Subsec. (a)(2). Pub. L. 113–121, § 5011(2)(B), substituted ‘‘to manage, reduce, treat, recapture, or reuse munic- ipal stormwater, including techniques that utilize infil- tration, evapotranspiration, and reuse of stormwater onsite’’ for ‘‘in reducing such pollutants from stormwater discharges’’. Subsec. (a)(3) to (6). Pub. L. 113–121, § 5011(2)(C), added pars. (3) to (6). Subsecs. (c), (d). Pub. L. 113–121, § 5011(3)–(5), redesig- nated subsec. (d) as (c), substituted ‘‘October 1, 2015,’’ for ‘‘5 years after December 21, 2000,’’, and struck out former subsec. (c) which authorized appropriations to carry out this section. § 1275. Columbia River Basin Restoration (a) Definitions In this section, the following definitions apply: Page 403 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1275 1 So in original. Probably should be ‘‘Columbia’’. (1) Columbia River Basin The term ‘‘Columbia River Basin’’ means the entire United States portion of the Colum- bia River watershed. (2) Estuary Partnership The term ‘‘Estuary Partnership’’ means the Lower Columbia Estuary Partnership, an enti- ty created by the States of Oregon and Wash- ington and the Environmental Protection Agency under section 1330 of this title. (3) Estuary Plan (A) In general The term ‘‘Estuary Plan’’ means the Estu- ary Partnership Comprehensive Conserva- tion and Management Plan adopted by the Environmental Protection Agency and the Governors of Oregon and Washington on Oc- tober 20, 1999, under section 1330 of this title. (B) Inclusion The term ‘‘Estuary Plan’’ includes any amendments to the plan. (4) Lower Columbia River Estuary 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. (5) Middle and Upper Columbia River Basin 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. (6) Program The term ‘‘Program’’ means the Columbia River Basin Restoration Program established under subsection (b)(1)(A). (b) Columbia River Basin Restoration Program (1) Establishment (A) In general The Administrator shall establish within the Environmental Protection Agency a Co- lumbia River Basin Restoration Program. (B) Effect (i) 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. (ii) This section does not create any new regulatory authority. (2) Scope of Program The Program shall consist of a collaborative stakeholder-based program for environmental protection and restoration activities through- out the Columbia River Basin. (3) Duties The Administrator shall— (A) assess trends in water quality, includ- ing trends that affect uses of the water of the Columbia River Basin; (B) collect, characterize, and assess data on water quality to identify possible causes of environmental problems; and (C) provide grants in accordance with sub- section (d) for projects that assist in— (i) eliminating or reducing pollution; (ii) cleaning up contaminated sites; (iii) improving water quality; (iv) monitoring to evaluate trends; (v) reducing runoff; (vi) protecting habitat; or (vii) promoting citizen engagement or knowledge. (c) Stakeholder Working Group (1) Establishment The Administrator shall establish a Colum- bia River Basin Restoration Working Group (referred to in this subsection as the ‘‘Working Group’’). (2) Membership (A) In general Membership in the Working Group shall be on a voluntary basis and any person invited by the Administrator under this subsection may decline membership. (B) Invited representatives The Administrator shall invite, at a min- imum, representatives of— (i) each State located in whole or in part in the Columbia River Basin; (ii) the Governors of each State located in whole or in part in the Columbia River Basin; (iii) each federally recognized Indian tribe in the Columbia River Basin; (iv) local governments in the Columbia River Basin; (v) industries operating in the Columbia River Basin that affect or could affect water quality; (vi) electric, water, and wastewater utili- ties operating in the Columba 1 River Basin; (vii) private landowners in the Columbia River Basin; (viii) soil and water conservation dis- tricts in the Columbia River Basin; (ix) nongovernmental organizations that have a presence in the Columbia River Basin; (x) the general public in the Columbia River Basin; and (xi) the Estuary Partnership. (3) Geographic representation The Working Group shall include representa- tives from— (A) each State located in whole or in part in the Columbia River Basin; and (B) each of the lower, middle, and upper basins of the Columbia River. (4) Duties and responsibilities The Working Group shall— (A) recommend and prioritize projects and actions; and (B) review the progress and effectiveness of projects and actions implemented. (5) Lower Columbia River Estuary (A) Estuary Partnership The Estuary Partnership shall perform the duties and fulfill the responsibilities of the Page 404 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1275 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 man- agement conference for the Lower Columbia River National Estuary Program under sec- tion 1330 of this title. (B) Designation If the Estuary Partnership ceases to be the management conference for the Lower Co- lumbia River National Estuary Program under section 1330 of this title, the Adminis- trator may designate the new management conference to assume the duties and respon- sibilities of the Working Group described in paragraph (4) as those duties and respon- sibilities relate to the Lower Columbia River Estuary. (C) Incorporation If the Estuary Partnership is removed from the National Estuary Program, the du- ties 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. (d) Grants (1) In general The Administrator shall establish a vol- untary, competitive Columbia River Basin program to provide grants to State govern- ments, tribal governments, regional water pol- lution control agencies and entities, local gov- ernment entities, nongovernmental entities, or soil and water conservation districts to de- velop or implement projects authorized under this section for the purpose of environmental protection and restoration activities through- out the Columbia River Basin. (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, tribal, or local government or inter- state or regional agency) under this sub- section 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 such total cost shall be provided from non-Federal sources. (B) Exceptions With respect to cost-sharing for a grant provided under this subsection— (i) a tribal government 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 appro- priate. (3) Allocation In making grants using funds appropriated to carry out this section, the Administrator shall— (A) provide not less than 25 percent of the funds to make grants for projects, programs, and studies in the Lower Columbia River Es- tuary; (B) provide not less than 25 percent of the funds to make grants for projects, programs, and studies in the Middle and Upper Colum- bia River Basin, including the Snake River Basin; and (C) retain not more than 5 percent of the funds for the Environmental Protection Agency for purposes of implementing this section. (4) Reporting (A) In general Each grant recipient under this subsection shall submit to the Administrator reports on progress being made in achieving the pur- poses of this section. (B) Requirements The Administrator shall establish require- ments and timelines for recipients of grants under this subsection to report on progress made in achieving the purposes of this sec- tion. (5) Relationship to other funding (A) In general Nothing in this subsection limits the eligi- bility of the Estuary Partnership to receive funding under section 1330(g) of this title. (B) Limitation None of the funds made available under this subsection may be used for the adminis- tration of a management conference under section 1330 of this title. (6) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $30,000,000 for each of fiscal years 2020 and 2021. (e) Annual budget plan The President, as part of the annual budget submission of the President to Congress under section 1105(a) of title 31, shall submit informa- tion 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 fis- cal 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 re- lating to the Columbia River Basin. (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.) Editorial Notes AMENDMENTS 2018—Subsec. (d)(6). Pub. L. 115–270 added par. (6). Page 405 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1276a § 1276. Enhanced aquifer use and recharge (a) In general Subject to the availability of appropriations, the Administrator shall provide funding to carry out groundwater research on enhanced aquifer use and recharge in support of sole-source aquifers, of which— (1) not less than 50 percent shall be used to provide 1 grant to a State, unit of local gov- ernment, or Indian Tribe to carry out activi- ties that would directly support that research; and (2) the remainder shall be provided to 1 ap- propriate research center. (b) Coordination As a condition of accepting funds under sub- section (a), the State, unit of local government, or Indian Tribe and the appropriate research center that receive funds under that subsection shall establish a formal research relationship for the purpose of coordinating efforts under this section. (c) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for each of fiscal years 2022 through 2026. (June 30, 1948, ch. 758, title I, § 124, as added Pub. L. 117–58, div. E, title II, § 50222, Nov. 15, 2021, 135 Stat. 1181.) § 1276a. San Francisco Bay restoration grant pro- gram (a) Definitions In this section: (1) Estuary Partnership The term ‘‘Estuary Partnership’’ means the San Francisco Estuary Partnership, des- ignated as the management conference for the San Francisco Bay under section 1330 of this title. (2) San Francisco Bay Plan The term ‘‘San Francisco Bay Plan’’ means— (A) until the date of the completion of the plan developed by the Director under sub- section (d), the comprehensive conservation and management plan approved under sec- tion 1330 of this title for the San Francisco Bay estuary; and (B) on and after the date of the completion of the plan developed by the Director under subsection (d), the plan developed by the Di- rector under subsection (d). (b) Program Office (1) Establishment The Administrator shall establish in the En- vironmental Protection Agency a San Fran- cisco Bay Program Office. The Office shall be located at the headquarters of Region 9 of the Environmental Protection Agency. (2) Appointment of Director The Administrator shall appoint a Director of the Office, who shall have management ex- perience and technical expertise relating to the San Francisco Bay and be highly qualified to direct the development and implementation of projects, activities, and studies necessary to implement the San Francisco Bay Plan. (3) Delegation of authority; staffing The Administrator shall delegate to the Di- rector such authority and provide such staff as may be necessary to carry out this section. (c) Annual priority list (1) In general After providing public notice, the Director shall annually compile a priority list, con- sistent with the San Francisco Bay Plan, iden- tifying and prioritizing the projects, activi- ties, and studies to be carried out with amounts made available under subsection (e). (2) Inclusions The annual priority list compiled under paragraph (1) shall include the following: (A) Projects, activities, and studies, in- cluding restoration projects and habitat im- provement for fish, waterfowl, and wildlife, that advance the goals and objectives of the San Francisco Bay Plan, for— (i) water quality improvement, including the reduction of marine litter; (ii) wetland, riverine, and estuary res- toration and protection; (iii) nearshore and endangered species re- covery; and (iv) adaptation to climate change. (B) Information on the projects, activities, and studies specified under subparagraph (A), including— (i) the identity of each entity receiving assistance pursuant to subsection (e); and (ii) a description of the communities to be served. (C) The criteria and methods established by the Director for identification of projects, activities, and studies to be included on the annual priority list. (3) Consultation In compiling the annual priority list under paragraph (1), the Director shall consult with, and consider the recommendations of— (A) the Estuary Partnership; (B) the State of California and affected local governments in the San Francisco Bay estuary watershed; (C) the San Francisco Bay Restoration Au- thority; and (D) any other relevant stakeholder in- volved with the protection and restoration of the San Francisco Bay estuary that the Director determines to be appropriate. (d) San Francisco Bay Plan (1) In general Not later than 5 years after December 23, 2022, the Director, in conjunction with the Es- tuary Partnership, shall review and revise the comprehensive conservation and management plan approved under section 1330 of this title for the San Francisco Bay estuary to develop a plan to guide the projects, activities, and studies of the Office to address the restoration and protection of the San Francisco Bay.