LOWER COLUMBIA RIVER AND TILLAMOOK BAY ECOSYSTEM RESTORATION, OREGON AND WASHINGTON.

SEC. 536. LOWER COLUMBIA RIVER AND TILLAMOOK BAY ECOSYSTEM RESTORATION, OREGON AND WASHINGTON. (a) In General.—The Secretary shall conduct studies and ecosystem restoration projects for the lower Columbia River and Tillamook Bay estuaries, Oregon and Washington. (b) Use of Management Plans.— (1) Lower columbia river estuary.— (A) In general. In carrying out ecosystem restoration projects under this section, the Secretary shall use as a guide the Lower Columbia River estuary program’s comprehensive conservation and management plan developed under section 320 of the Federal Water Pollution Control Act (33 U.S.C. 1330). (B) Consultation.—The Secretary shall carry out ecosystem restoration projects under this section for the lower Columbia River estuary in consultation with the Governors of the States of Oregon and Washington 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. (2) Tillamook bay estuary.— (A) In general.—In carrying out ecosystem restoration projects under this section, the Secretary shall use as a guide the Tillamook Bay national estuary project’s comprehensive conservation and management plan developed under section 320 of the Federal Water Pollution Control Act (33 U.S.C. 1330). (B) Consultation.—The Secretary shall carry out ecosystem restoration projects under this section for the Tillamook Bay estuary 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. (c) Authorized Activities.— (1) In general.—In carrying out ecosystem restoration projects under this section, the Secretary shall undertake activities necessary to protect, monitor, and restore fish and wildlife habitat. (2) Limitations.—The Secretary may not carry out any activity under this section that adversely affects— (A) the water-related needs of the lower Columbia River estuary or the Tillamook Bay estuary, including navigation, recreation, and water supply needs; or (B) private property rights. (d) Priority.—In determining the priority of projects to be carried out under this section, the Secretary shall consult with the Implementation Committee of the Lower Columbia River Estuary Program and the Performance Partnership Council of the Tillamook Bay National Estuary Project, and shall consider the recommendations of such entities. (e) Cost-Sharing Requirements.— (1) Studies.—Studies conducted under this section shall be subject to cost sharing in accordance with section 105 of the Water Resources Development Act of 1986 (33 U.S.C. 2215). (2) Ecosystem restoration projects.— (A) In general.—Non-Federal interests shall pay 35 percent of the cost of any ecosystem restoration project carried out under this section. (B) Items provided by non-federal interests.—Non-Federal interests shall provide all land, easements, rights-of-way, dredged material disposal areas, and relocations necessary for ecosystem restoration projects to be carried out under this section. The value of such land, easements, rights-of-way, dredged material disposal areas, and relocations shall be credited toward the payment required under this paragraph. (C) In-kind contributions.—Not more than 50 percent of the non-Federal share required under this subsection may be satisfied by the provision of in-kind services. (3) Operation and maintenance.—Non-Federal interests shall be responsible for all costs associated with operating, maintaining, replacing, repairing, and rehabilitating all projects carried out under this section. (4) Federal lands.—Notwithstanding any other provision of this subsection, the Federal share of the cost of a project carried out under this section on Federal lands shall be 100 percent, including costs of operation and maintenance. (f) Definitions.—In this section, the following definitions apply: (1) Lower columbia river estuary.—The term “lower Columbia River estuary” means those river reaches having navigation channels on the mainstem of the Columbia River in Oregon and Washington west of Bonneville Dam, and the tributaries of such reaches to the extent such tributaries are tidally influenced. (2) Tillamook bay estuary.—The term “Tillamook Bay estuary” means those waters of Tillamook Bay in Oregon and its tributaries that are tidally influenced. (g) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $75,000,000. * * * * * * *