PUBLIC LAW 106-541—DEC. 11, 2000
114 STAT. 2661
States and project purposes and shall be made without consideration
to the United States.
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.—
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